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keep The Medicines (Pharmacy and General Sale—Exemption) Amendment (No. 2) Order 1998 uksi-1998-2368 · 1998
Summary

This Order amends the Medicines (Pharmacy and General Sale—Exemption) Order 1980 to create exemptions for registered homoeopathic medicinal products from certain Medicines Act restrictions (sections 52 and 53). It allows these products to be sold by pharmacists exercising professional judgment, or when certain conditions in section 53 are met, without being subject to the default sale restrictions. Excluded products include prescription-only medicines, controlled drugs, and Schedule 3 products.

Reason

Britons would be worse off if deleted because this regulation removes regulatory burden rather than adding it. It grants exemptions that allow registered homoeopathic products to be sold with greater ease, benefiting consumers through expanded choice and access. Without this Order, these products would revert to stricter sale restrictions under the 1980 Order. Since registered homoeopathic products (which by definition have undergone safety assessment per the 1994 Regulations) pose no undue risk, the restrictions that this Order exempts them from represent unnecessary regulatory friction that would only raise costs and reduce consumer access without corresponding safety benefits.

delete The Bank of England Act 1998 (Transfer Scheme Appointed Day) Order 1998 uksi-1998-2372 · 1998
Summary

A procedural order appointing 1st October 1998 as the day on which a transfer scheme (transferring property, rights and liabilities made by the Bank of England and approved by the Treasury) comes into force under the Bank of England Act 1998.

Reason

This is a spent, one-time procedural order that appointed a specific past date (1st October 1998) for the transfer scheme to commence. The transfer has already been executed. It imposes no ongoing regulatory burden, creates no compliance obligations, and serves no continuing legal function. Keeping an implemented order that merely fixed a date for an event that occurred decades ago serves no purpose.

keep The Railways (Ashford) (Exemptions) Order 1998 uksi-1998-2379 · 1998
Summary

The Railways (Ashford) (Exemptions) Order 1998 grants exemptions from sections 39 and 41 of the Railways Act 1993 for a light maintenance depot at Ashford and associated railway network. Specifically, it exempts these facilities from closure authorization requirements, allowing them to close without the standard regulatory process.

Reason

This regulation removes regulatory burden by exempting railway facilities from closure requirements. Deleting it would IMPOSE additional regulation by making the depot and network subject to the full closure authorization process under the Railways Act 1993. From a free market perspective, easier closure of uneconomic facilities allows resources to be reallocated efficiently. The exemption permits market forces to determine whether these specific railway assets remain viable, rather than mandating bureaucratic closure procedures that protect incumbent operators from competition and delay adjustment of loss-making operations.

keep The National Health Service Act 1977 and National Health Service (Scotland) Act 1978 Amendment Order 1998 uksi-1998-2385 · 1998
Summary

Amendment Order that extends existing National Health Service charging remission and repayment provisions (and travelling expenses coverage) to services provided under section 20 of the National Health Service (Primary Care) Act 1997. It achieves this by adding cross-references in both the NHS Act 1977 (for England/Wales) and NHS (Scotland) Act 1978.

Reason

This is a technical amendment that extends existing consumer protections (remission of charges and travelling expenses) to additional primary care services. Deletion would leave patients accessing section 20 primary care services without the same financial protections as other NHS patients, creating inequity and potential barriers to access for vulnerable populations who rely on charge remissions.

delete The Water Undertakers (Extension of Byelaws) Order 1998 uksi-1998-2398 · 1998
Summary

This Order extends the validity of existing byelaws made by water undertakers under section 17 of the Water Act 1945 (prevention of waste of water) until 31st December 1999, and revokes two 1997 Orders. It is a temporary administrative extension of existing byelaws.

Reason

This Order is entirely spent — it merely extended byelaws that expired on 31st December 1999, over 26 years ago. The revocation of the two 1997 predecessor Orders is itself irrelevant history. As a temporal extension mechanism with no remaining legal effect, retaining this in the statute book serves no purpose and adds unnecessary legislative clutter.

delete The Severn Trent Water Limited (Extension of Byelaws) Order 1998 uksi-1998-2399 · 1998
Summary

A transitional Order extending byelaws made by Severn Trent Water Authority in 1987 (subsequently treated as made by Severn Trent Water Limited following privatization) until 31st December 1999, while revoking the previous 1997 extension Order. Signed by the Secretary of State.

Reason

This is a pure temporal extension instrument that merely prolongs existing byelaws without scrutiny. The actual byelaws themselves were originally made in 1987 under the old water authority framework and carried over through privatization. Rather than reviewing whether these byelaws remain appropriate 11 years later, Parliament is simply rubber-stamping another extension. This Order demonstrates the problem of inherited regulations never receiving democratic review — the byelaws were never properly assessed for their continued necessity or cost-benefit after the water industry was privatized in 1989. Furthermore, the fixed expiry date (31 December 1999) renders this instrument self-terminating, making its continued retention on the statute books unnecessary. The underlying byelaws should be reviewed on their merits rather than extended by administrative fiat.

delete The County Courts (Interest on Judgment Debts) (Amendment) Order 1998 uksi-1998-2400 · 1998
Summary

Amends the County Courts (Interest on Judgment Debts) Order 1991 by substituting the definition of 'relevant judgment' to include county court judgments for payment of money (a) of not less than £5,000 or (b) in respect of qualifying debts under the Late Payment of Commercial Debts (Interest) Act 1998. This determines which judgment debts accrue statutory interest.

Reason

This regulation imposes government-mandated interest rates on judgment debts, distorting market outcomes. The £5,000 threshold is arbitrary government intervention in private contract terms. Without this rule, parties could negotiate their own interest arrangements, and market rates would naturally compensate creditors for time value of money during enforcement delays. The amendment also links to another layer of government intervention (the Late Payment of Commercial Debts Act), creating regulatory interconnectedness that increases compliance costs and reduces flexibility for businesses resolving disputes.

delete The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 2) Regulations 1998 uksi-1998-2401 · 1998
Summary

The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 2) Regulations 1998 amended the 1989 Costs Regulations to bundle ancillary proceedings (bail applications, appeals, contempt proceedings) with specified main proceedings for purposes of standard legal aid fee calculations. It eliminated separate billing for ancillary work, treating all such work as part of the main proceedings.

Reason

This regulation is a price-control mechanism that fixes what lawyers can charge for legal aid criminal defence work. By bundling ancillary proceedings and eliminating separate fees, it suppresses compensation for complexity and creates perverse incentives—discouraging lawyers from taking cases with multiple ancillary issues. Such government-mandated fee schedules distort the market for legal services, reduce supply of legal aid practitioners, and represent exactly the kind of bureaucratic intervention that Adam Smith and classical liberal economists warned against. The state should not be fixing prices for professional services; market mechanisms or voluntary professional arrangements would better allocate legal aid resources.

delete The Reservoirs (Panels of Civil Engineers) (Applications and Fees) (Amendment) Regulations 1998 uksi-1998-2403 · 1998
Summary

Amends the Reservoirs (Panels of Civil Engineers) (Applications and Fees) Regulations 1992 by updating the department name to include Transport and the Regions, increasing application fees from £230 to £300 and from £185 to £250, and revoking the 1994 Amendment Regulations.

Reason

Fee increases for civil engineer panel applications add regulatory costs without clear evidence of corresponding safety benefits; the government department name change required statutory amendment rather than administrative update, indicating unnecessary rigidity; such occupational licensing regimes for reservoir engineers create barriers to entry that raise costs for infrastructure development, and modest safety objectives could be achieved through less restrictive means.

delete The Specified Risk Material (Amendment) Regulations 1998 uksi-1998-2405 · 1998
Summary

Amendment to Specified Risk Material Regulations 1997 permitting export of sheep carcases containing spinal cord (specified risk material) whole to specific French 'listed premises'. Imposes marking requirements (5cm circular 'MHS FR' mark), sealed vehicle transport, multi-layer documentation (declarations, transportation documents), notification requirements to confirm arrival within 3 working days, and criminal penalties for false declarations. Establishes complex compliance regime for this specific export derogation.

Reason

This regulation adds layers of bureaucratic compliance requirements (marking equipment, sealed vehicles, multi-stage documentation, 3-day arrival notifications) that serve as a trade barrier disguised as food safety. The 'listed premises' requirement creates preferential access for specific French facilities, distorting trade. While spinal cord removal requirements exist for domestic consumption, this creates an export carve-out with compliance costs that disproportionately burden smaller exporters. Post-Brexit, Britain should negotiate bilateral agreements with France that achieve equivalent safety outcomes without these cumbersome procedural requirements, which impede rather than facilitate legitimate trade.

delete METHOD OF DISSOLVING SOLUBLE MATTER CONTAINED IN ANY COATING OR SUBSTANCE uksi-1998-2406 · 1998
Summary

UK regulations controlling safety of pencils, pens, brushes, crayons and graphic instruments by setting maximum limits for soluble hazardous elements (arsenic, cadmium, chromium, mercury, antimony, lead, barium) in coatings and marking substances. Uses BS EN 71-3 methodology for testing solubility. Originally enacted 1974, re-enacted 1998.

Reason

These regulations impose specific numeric limits on trace elements in pencils and art supplies that are detectable only by laboratory testing, yet the same safety objectives are already achieved through the general Product Safety Act 1989 and Food Safety Act 1990 which cover harmful substances in products. The compliance costs fall disproportionately on small manufacturers and art suppliers while providing minimal marginal safety benefit - if a pencil-lead contains barium at 999mg/kg it is illegal, but at 1001mg/kg it is also illegal, showing arbitrary line-drawing. The regulations' use of BS EN 71-3 (a toy safety standard applied to pencils) exemplifies the gold-plating tendency. Furthermore, articles previously supplied before 1974 are grandfathered, meaning the population never receives any protection from legacy products, undermining the safety rationale. A competitive economy does not need chemically identical regulations for pencils as for toys - general product safety law is sufficient.

delete ROUTE OF THE NEW TRUNK ROAD uksi-1998-2407 · 1998
Summary

A 1998 statutory instrument authorizing construction of the M41 West Cross Route connecting Holland Park Roundabout to the A40(M)/M41 junction. The Order defines the main new road and slip roads, establishes them as trunk roads from 13 October 1998, indicates their centre line on deposited plans, and specifies maintenance responsibilities for intersecting highways until the Secretary of State specifies otherwise via notice.

Reason

This Order is entirely historical and self-executing — the road construction it authorized occurred in 1998 and the infrastructure now simply exists as part of the public highway network. Retained on the statute books, it serves no ongoing regulatory function, imposes no obligations on businesses or individuals, and creates no ongoing compliance burden. Its continued existence as a 'live' statutory instrument is merely ceremonial. The maintenance provisions have long since been resolved by operation of the specified notice procedure. Deletion would remove vestigial legislative clutter while having zero practical effect on road users, transport logistics, or economic activity.

keep SPECIES OF FISH WHOSE KEEPING OR RELEASE IN ANY PART OF ENGLAND AND WALES IS PROHIBITED EXCEPT UNDER AUTHORITY OF A LICENCE GRANTED BY THE MINISTER uksi-1998-2409 · 1998
Summary

Prohibition of Keeping or Release of Live Fish (Specified Species) Order 1998 - Prohibits keeping or releasing live fish of specified species in England and Wales without a Minister-granted licence. Came into force November 1998 (for new fish) and May 1999 (for existing fish). The Schedule specifies which species are prohibited.

Reason

Ecological systems possess path dependency and irreversibility characteristics that make market correction after harm extremely difficult or impossible. Unlike many regulations that restrict trade with offsetting costs, invasive species release creates genuine externalities where individual actors do not bear the full ecological consequences of their actions. The regulation includes a licensing exemption providing flexibility. While a tort-based liability regime for ecological damage could theoretically substitute for this prohibition, it faces severe enforcement difficulties given that fish released into waterways spread beyond identifiable actors and cause diffuse, hard-to-quantify harm across the ecosystem. The public goods nature of healthy aquatic ecosystems—where exclusion is costly and consumption by one does not diminish availability to others—creates conditions where market mechanisms alone tend to under-protect the resource.

delete The Olive Oil (Marketing Standards) (Amendment) Regulations 1998 uksi-1998-2410 · 1998
Summary

These 1998 Regulations amend the Olive Oil (Marketing Standards) Regulations 1987 by updating definitions to reference the Commission Regulation (EEC) No. 2568/91 and Council Regulation (EC) No. 1638/98, substituting long-form references with simplified defined terms, and deleting regulation 4(2) of the principal Regulations. The changes are entirely technical/administrative in nature, updating cross-references and terminology without imposing new substantive requirements.

Reason

These are retained EU regulations establishing prescriptive marketing standards for olive oil that originated from the EU's common agricultural policy. Such mandatory quality standards and analytical requirements, including mandated testing methods and characteristic definitions, add compliance costs and restrict trade flexibility. Post-Brexit Britain can maintain olive oil quality through industry self-regulation, voluntary standards, or contract law without statutory mandates. The technical nature of this amendment does not change the fundamental regulatory character of the underlying regime, which should be deleted in its entirety for regulatory liberalisation.

delete Non-exhaustive list of agents, process and work uksi-1998-2411 · 1998
Summary

These Regulations implement Council Directive 94/33/EC on protecting young people at work, applying to young persons (aged 16-17 on sea-going UK ships, under 18 on other UK ships) employed in merchant shipping and fishing vessels. They require pre-employment risk assessments, prohibit certain hazardous work activities, mandate minimum rest periods (12 consecutive hours daily, 2 days weekly), require health assessments and medical certificates, and grant inspectors powers to detain non-compliant ships.

Reason

These regulations add compliance costs and administrative burdens that reduce employment opportunities for young persons in the maritime sector, with no corresponding democratic review since they were inherited wholesale from EU law. The restrictions on rest periods, mandatory health assessments, and enumerated prohibited work activities create barriers to entry for young workers seeking maritime employment. While some occupational health and safety protections are warranted, this regulation's prescriptive approach—combined with inspector detention powers—imposes significant friction on labour markets without demonstrated evidence that outcomes for young workers are better than under general health and safety law. Post-Brexit regulatory independence provides an opportunity to replace this one-size-fits-all EU-derived approach with more targeted, market-friendly protections that avoid unnecessary labour market distortions.