Schedule 21: Amendment of REACH legislation Amendment of the REACH Enforcement Regulations 2008
Paragraph 2 of Schedule 21 gives the Secretary of State and the Devolved Administrations the power to amend the REACH Enforcement Regulations 2008 (the "REACH Enforcement Regulations"). These Regulations were made under section 2(2) of the European Communities Act 1972. Section 1 of the European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972. This meant that there was no longer any power to amend the REACH Enforcement Regulations.
	Any regulations made under this power must be necessary or appropriate for, or in connection with, the enforcement of REACH. Regulations may create new criminal offences or extend the scope of existing ones connected to the enforcement of REACH. Penalties are restricted to the maximum levels that could have been provided for under section 2(2) of the European Communities Act 1972 by virtue of paragraph 1(d) of Schedule 2 to that Act as it applied in the different parts of the UK. Regulations made under this power are subject to the affirmative procedure.
	The REACH Regulation and the REACH Enforcement Regulations relate to a mixture of devolved and reserved matters. Under paragraph 2 of the Schedule, a Devolved Administration can only amend the REACH Enforcement Regulations where the provision would be within the competence of the relevant legislature.