Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Kate  
#1 Posted : 04 January 2021 09:51:03(UTC)
Rank: Super forum user
Kate

As if the coronavirus legislation wasn't enough to be keeping up with, I am trying to get my legal register in order with regard to Brexit.  I have put this off until now as I suspected anything I did earlier might be superseded.  Now I am finding it all to be a bit of a tangle.

Has anyone found a simple easy guide to the UK legislative changes arising from Brexit?

Is more Brexit legislation expected in the coming weeks?

A Kurdziel  
#2 Posted : 04 January 2021 11:17:21(UTC)
Rank: Super forum user
A Kurdziel

Kate this is my understanding; shoot me down if I am wrong.

We have left the EU and it regulatory and legal framework. This means that the legal rules such as COSHH, Management of Health and Safety at Work Regulations and WAH are no longer backed up by EU directives but there are now treated as if they we purely UK law. So, if there is a dispute as to how the rule are being applied it is purely an matter for the UK courts alone, with no input from the ECJ.  In future the UK government will be able to change these rules as it sees fit, without going through the EU except that the agreement signed last week states that : “While both parties remain free to shape their public policy in the fields of …, labour and social policy, …, the agreement provides for "level playing field" principles and mechanisms that aim to prevent a distortion of trade as a result of measures in these fields. In particular, each party may take countermeasures (subject to arbitration) against damaging measures by the other party.”

What that means in practice is anybody guess, which is probably why there is no definitive guidance on the issue. I can imagine few months down the line the UK government saying we want to do this and the EU saying that is not within the spirit of the “level playing field” and it taking action against the UK and leading to more confusion and chaos.

Kate  
#3 Posted : 05 January 2021 11:58:11(UTC)
Rank: Super forum user
Kate

That is a fair overview.  What I am looking for is a guide to the actual legislation.  For example, there are at least four statutory instruments relating to UK REACH ...

chris.packham  
#4 Posted : 05 January 2021 14:57:06(UTC)
Rank: Super forum user
chris.packham

Kate - given the chaos around the Brexit agreement and the size of the document (I have it on my computer and have started to try to make sense of relevant (!) parts of it - a daunting task) I suspect that we will experience numerous 'clarifications', 'adjustments', and other changes in the coming weeks. A legally experienced friend advised me not to take anything as concrete fact at the moment but to keep my options open! Consider for example how many EU companies are now refusing to ship small value orders to the U.K. due to HMRC's insistence that they will have to register for VAT in the U.K. and submit regular returns! So that order placed on Amazon that was to be delivered from Belgium may never arrive!

markgalebi  
#5 Posted : 14 January 2021 11:38:03(UTC)
Rank: New forum user
markgalebi

When it comes to registering for goods the United Kingdom and the European Union have similar standards and rules. However, there are important separate in what each organization requires its importers and exporters. For instance, the United Kingdom has a much tighter customs policy than the EU. If you want more information about the Brexit and Trust Registration Service in the Uk, you can visit the site. and concern from legal advisers. Visit: https://theangeltrust.com/impacts-of-brexit-on-trusts-and-tax-policies/

Roundtuit  
#6 Posted : 14 January 2021 11:46:23(UTC)
Rank: Super forum user
Roundtuit

Reported - again

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 14/01/2021(UTC), peter gotch on 14/01/2021(UTC), A Kurdziel on 14/01/2021(UTC), peter gotch on 14/01/2021(UTC)
Roundtuit  
#7 Posted : 14 January 2021 11:46:23(UTC)
Rank: Super forum user
Roundtuit

Reported - again

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 14/01/2021(UTC), peter gotch on 14/01/2021(UTC), A Kurdziel on 14/01/2021(UTC), peter gotch on 14/01/2021(UTC)
John Murray  
#8 Posted : 15 January 2021 13:06:41(UTC)
Rank: Forum user
John Murray

Originally Posted by: chris.packham Go to Quoted Post

Kate - given the chaos around the Brexit agreement and the size of the document (I have it on my computer and have started to try to make sense of relevant (!) parts of it - a daunting task) I suspect that we will experience numerous 'clarifications', 'adjustments', and other changes in the coming weeks. A legally experienced friend advised me not to take anything as concrete fact at the moment but to keep my options open! Consider for example how many EU companies are now refusing to ship small value orders to the U.K. due to HMRC's insistence that they will have to register for VAT in the U.K. and submit regular returns! So that order placed on Amazon that was to be delivered from Belgium may never arrive!

In a business paper.....many EU transport companies are no longer accepting work involving coming to the UK. They can no longer accept return loads because of the regulatory confusion, so the trip is not profitable. Other companies have increased transport cost by 400% to compensate.

UK fishing boats are fishing Danish waters because of the same problems.

IN what seems to be a breach of the agreement the UK govt is (news sites) intending to remove working hours and holiday pay legislative requirements. There goes the level playing field. Why is this no surprise?

thanks 1 user thanked John Murray for this useful post.
A Kurdziel on 15/01/2021(UTC)
peter gotch  
#9 Posted : 15 January 2021 16:14:06(UTC)
Rank: Super forum user
peter gotch

The Working Time Directive was one of the very few EU health and safety Directives that the UK did not willingly sign up to (usually as a key influencer) such that it was forced on the UK by "qualified majority".

As such it is unsurprising that this might be one of the areas where the UK post Brexit might wish to flex muscle, however much this is likely to exacerbate a delicate trading environment. 

Users browsing this topic
Guest (5)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.