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The EU Research and Development Programmes (Revocation) (EU Exit) Regulations 2021

Letter from the Minister for Higher Education, Further Education, Youth Employment and Training

Dear Stephen

The EU Research and Development Programmes (Revocation) (EU Exit) Regulations 2021

I am writing to update the committee on the Statutory Instrument (SI) above

The Education and Skills committee received notice of a previous version of this SI and consent was approved by the Parliament on 2 October 2019.

The SI was thereafter delayed by the UK Government for the following reasons:

• Laying the SI in 2019 risked confusing stakeholders unnecessarily while having no practical impact because at that time, the Withdrawal Agreement Bill was drafted to give domestic effect, until closure of programmes and projects committed under the Multiannual Financial Framework 2014-2020, to EU regulations and decisions which related to those programmes and projects.
• Delaying the laying date would allow the UK Government to lay an up to date SI with the most recent EU regulations.
• Laying the SI in 2019 was deemed less urgent in the event of a deal scenario than it would have been in a no deal scenario. The SI simply removes provisions which would have been transposed into the UK statute books from EU law on exit day in case of no deal.

The Scottish Government recently received an updated version of the SI to consider and were in the process of preparing to notify the committee under the Type 2 Notification procedure.

The UK Government have now provided information to confirm the SI is no longer required and therefore will no longer be laid. Please find the full explanation below:

This is because Article 138 of the Withdrawal Agreement (UK participation in Union programmes under the MFF 2014-2020) flows directly into UK law by virtue of section 7A of the European Union (Withdrawal) Act 2018 as amended (EUWA). Union law applicable under section 7A EUWA is not incorporated into retained EU law under section 3 EUWA. Section 3(2)(a)(bi) excludes EU instruments from forming part of retained EU law to the extent they have effect by virtue of section 7A EUWA. So the Statutory Instrument is not needed as there is no retained EU law to revoke. The relevant Union law applicable under Article 138 of the Withdrawal Agreement continues to apply until closure of the relevant Union programmes and activities.

I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee.

I would be grateful if the Committee could note the update in this letter.

JAMIE HEPBURN