REUL Act impact on clean air in the UK

The UK government has included regulations 9 and 10 of the National Emission Ceilings Regulations 2018 (the “NEC Regulations”) and a related Commission Implementing Decision in Schedule 1 of the Retained EU Law (Revocation and Reform) Act 2023 (the “REUL Act”). The inclusion of these laws in Schedule 1 (aka the “kill list” of EU-derived law to be revoked) means that these laws are set to be lost at the end of 2023. These regulations are vital for reducing air pollution in the UK and, despite the government’s assurances, are not duplicated by any other domestic law. 

However, the UK government can choose to remove these regulations from Schedule 1 via a statutory instrument made by 31st October of this year. 

This briefing outlines why it is vital that ministers act urgently to ensure that these important clean air laws, that would otherwise help to improve air quality in the UK and protect the health of people and nature, are not regrettably lost at the end of 2023.