Published drafts under European Union (Withdrawal) Act 2018

After the UK has left the European Union, a two-stage affirmative procedure applies to any instruments that amend or revoke secondary legislation originally made under the European Communities Act 1972 (most Directives were implemented that way). First the statutory instrument must be published in draft for 28 days to allow for comment. Second, when the instrument is formally laid, the Minister must make a "scrutiny statement" which sets out the Government response to any recommendations made by a parliamentary committee on the draft, and any other representations on the instrument. (This will normally be published in the Explanatory Memorandum accompanying the statutory instrument). The instrument laid need not be identical to the published draft. See paragraphs 13-15 of Schedule 8 to the European (Withdrawal) Act 2018 for further details.