The United Kingdom Common Frameworks are a group of legislative and non- legislative policies that aim to create UK wide frameworks and ensure the security and integrity of the UK internal market.
Some of these policies will fall under devolved competence, and others it plans to reserve for central government.
To create a common UK-wide policy area, some policies will require memorandums of understanding and other areas it will declare as reserved matters.
History On 13 July 2017, the European Union Withdrawal Bill, to govern the UK exit from the EU and make provisions for certain EU laws to be retained where necessary, had its first reading in the House of Commons.
At the end of the transition period, the 160 to 290 EU policies cease to apply to the UK and must be replaced by the United Kingdom's own common framework policies. Some policies are defined by the Northern Ireland Protocol.
On 15 March 2018, the Government of the United Kingdom published a list of common framework policies that it had been sharing as a member of the European Union and that will need to be reassigned following Brexit.
On 23 July 2017 the Scottish government introduced the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill into the Scottish Parliament. On 17 April 2018, the UK Government intervened and referred the Bill to the UK Supreme Court to challenge its legality and get a ruling on whether its provisions for the continuity of law were outwith the legal competence of the Scottish Government and Parliament. On 13 December 2018 the UK Supreme Court ruled that the provisions of the bill would exceed the statutory power of the Scottish Government and Parliament, and the bill was sent back for editing: in the light of the ruling, the Scottish Government abandoned it.
On 26 June 2019, the European Withdrawal Bill passed through Parliament, received Royal Assent, and became an Act.
Objectives The UK Government proposes to establish common frameworks where it considers them necessary:
to allow the UK internal market to continue functioning, while acknowledging policy divergence; to allow the United Kingdom to continue meeting its international obligations; Ensure the UK can negotiate, enter into and implement new trade agreements and international treaties; enable the management of common resources; to provide administrative support and access to justice in legal case that involve international dispute resolution; and safeguard the security of the UK.
Implementation process
Non-legislative common frameworks (implementation process) The Government's proposed implementation process is divided into 5 phases:
Key
🔹 = End of phase agreement
🔰 = Task
Phase 1
🔰 Agreement of framework principles
🔰 First Phase of multilateral “deep dives”
Phase 2
🔰 Continued multilateral agreement
🔰 Development of required frameworks legislation
🔰 Beginning of bilateral stakeholders engagement
🔰 Light-touch review and scrutiny of framework outlines
🔹 Outline framework
Phase 3
🔰 Policy Finalisation
🔰 External stakeholder engagement
🔰 In-depth review and assessment process
🔰 Collective agreement on policy approach
🔹 Provisional framework agreement
🔰 Required reappraisal of framework based on outcomes of cross - cutting issues (Phase 4 +5)
Phase 4
🔰 Required legislation in parliamentary passage
🔰 Framework preparation and implementation
🔹 Framework agreement
Phase 5
🔰 Post implementations arrangements
These talks are to be held between the UK Government and the individual Devolved Governments, and the finished frameworks are then subject to agreement in the Joint Ministerial Committee (JMC)
Legislative common frameworks Below are the 24 Policy areas where the United Kingdom Government plans to create Common Framework Policies for after Brexit using legislation. AgricultureLegislation (Agriculture Act)Sub areasAgricultural support Agriculture - fertiliser regulations Agriculture - GMO marketing and cultivation Agriculture - organic farming Agriculture - zootech Plant health, seeds and propagating materialStatusRoyal Assent 11/11/2020ChemicalsSub areasThe REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 Chemicals regulation(including pesticides) Hazardous substances planningStatus Complete HealthcareLegislationReciprocal Cross-Border Public Services BillSub area Elements of reciprocal healthcareStage Second Reading (House of Commons)EnvironmentLegislation (Environment Act)Sub areasEnvironmental quality - chemicals Environmental quality - ozone depleting substances and F-gases Environmental quality - pesticides Environmental quality - waste packaging and product regulationsStatusRoyal Assent 09/11/2021Fisheries Legislation (Fisheries Act)Sub areaFisheries management and supportStatus Royal Assent 24/11/2020Food SafetySub areasThe Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 Food and feed safety and hygiene law food and feed safety and hygiene law, and the controls that verify compliance with food and feed law (official controls) Food compositional standards Food labelling Nutrition health claims, composition and labellingStatus CompleteEmission TradingLegislation (Finance Act) The Greenhouse Gas Emissions Trading Scheme Order 2020Sub area UK Emissions Trading SchemeStatus Complete Qualifications Legislation(United Kingdom Internal Market Act 2020)Sub area Services Mutual recognition of professional qualifications (MRPQ)Status Royal Assent 21/11/2020Procurement Legislation(Procurement Act 2021)Sub areaPublic procurementStatusRoyal Assent 06/12/2023Trade Liberation Sub areaServices Directive
Common frameworks using alternate implementing methods Below are 79 policy areas that the Government says will require secondary legislation such legislative consent motions NoArea of LawBEIS1.Company Law2.Late payment (commercial transactions)4.Radioactive substances5.Recognition of insolvency proceedings in EU Member States6.Specified quantities and packaged goods legislationCabinet Office 8.StatisticsDEFRA9.Air Quality10.Biodiversity - Access and Benefit Sharing of Genetic Resources (ABS)11.Marine Environment12.Spatial Data Infrastructure Standards13.Natural Environment and Biodiversity14.Waste ManagementDFT15.Access for non-UK hauliers and passenger transport operations, plus combined transport16.Intelligent transport systems17.Operator licensing (roads)18.Rail technical standards (Interoperability)19.Driver licensing20.Compulsory (3rd Party) Motor Insurance - as per Part VI Road Traffic Act 1988DHSC21.Clinical trials of medicinal products for human use22.Elements of the regulation of tobacco and related products23.Good laboratory practice24.Medicinal products for human use25.Medicine prices26.Nutrition health claims, composition and labelling27.Blood safety and quality28.Organs29.Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc.)30.Tissues and cells (apart from embryos and gametes)GEO31.Equal treatment legislation HSE32.Civil use of explosives33.Control of major accident hazards34.Genetically modified micro-organisms contained use (i.e. rules on protection of human health and the environment during the development)MHCLG35.Hazardous substances planning36.Strategic Environmental Assessment (SEA) Directive
See also Intergovernmental arrangements Constitution of the United Kingdom Intergovernmental relations in the United Kingdom Politics of the United Kingdom United Kingdom constitutional law
Foreign affairs Foreign relations of the United Kingdom Free trade agreements of the United Kingdom
UK internal market UK Internal Market Bill
Footnotes
References