Part 8: Miscellaneous and General Provisions Section 140: Amendment of REACH legislation
Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals etc. (the REACH Regulation) forms part of retained EU law by virtue of the European Union Withdrawal Act 2018. Section 140 gives effect to Schedule 21, which gives the Secretary of State the power to amend the Articles of the REACH Regulation , as it applies in the UK, amended by the REACH Exit Statutory Instrument.
	This allows the Secretary of State to amend, or add to, the transitional provisions in Title 14A to ensure an effective regulatory transfer of the REACH Regulation into the UK, and facilitate future changes. The provision excludes certain Articles, including those which set out the fundamental aims and principles of REACH.
	The REACH Enforcement Regulations 2008 (the "REACH Enforcement 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 Section 1 of the European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972.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. Section 140 and paragraph 2 of Schedule 21 give the Secretary of State and the Devolved Administrations the power to amend the REACH Enforcement Regulations.
	Section 140 extends, and applies, to the whole of the United Kingdom.