Statement by the Maltese EU Presidency in response to the presentations by the Chairpersons of the Security Committee, of the Economic and Environmental Committee, and of the Human Dimension Committee
This section applies where—
an individual who is a national of a member State has been convicted by or before a court in a part of the United Kingdom, and
the conviction is recorded in the criminal records database for that part.
This section also applies where—
an individual who is a national of a member State has been convicted in UK service disciplinary proceedings (whether or not in a part of the United Kingdom), and
the conviction is recorded in the criminal records database for any part of the United Kingdom.
The designated UK authority must notify the central authority of the member State of the conviction.
If the individual is a national of more than one member State, the designated UK authority must notify the central authority of each of those member States of the conviction.
Notification under this section must be given before the end of the period of 28 days beginning with the day on which the conviction is recorded in the criminal records database.
A notification under this section—
must include the information listed in Schedule 1, and
may include any other information that the designated UK authority considers appropriate.
If the record of the conviction is amended so as to alter or delete any of the information mentioned in paragraph 13, 14, 16, 17, 19 or 20 of Schedule 1 (information about the conviction), subsections (3) to (6) apply in relation to the amendment as they apply in relation to the conviction.
Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).
For the purposes of this section it does not matter if the individual is a national of the United Kingdom as well as a national of a member State.
This section applies where—
an individual who is a UK national has been convicted under the law of a member State, and
the central authority of the member State notifies the designated UK authority of the conviction.
The designated UK authority must retain a record of—
the conviction, and
any other information listed in Schedule 1 that is included in the notification.
The record may be retained in whatever way the designated UK authority considers appropriate.
If the designated UK authority is notified by the central authority of any amendment or deletion relating to the information contained in the record, the designated UK authority must amend the record accordingly.
Nothing in this section requires the designated UK authority to retain any information if the retention would contravene the data protection legislation (but, in determining whether the retention would contravene that legislation, the duty imposed by subsection (2) is to be taken into account).
Personal data notified to the designated UK authority as mentioned in section 2 may not be transferred to a third country unless conditions A and B are met.
Condition A is that the transfer—
is based on adequacy regulations, or
is based on there being appropriate safeguards.
For the purposes of subsection (2)—
the reference to a transfer being based on adequacy regulations has the same meaning as it has for the purposes of Part 3 of the Data Protection Act 2018;
the reference to a transfer being based on there being appropriate safeguards is to be read in accordance with section 75 of that Act.
Condition B is that the intended recipient has functions relating to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
See also section 73 of the Data Protection Act 2018 for additional conditions that must be met before personal data may be transferred to a third country (in particular, that the transfer must be necessary for any of the law enforcement purposes).
Where personal data within subsection (1) is transferred to a third country, the person making the transfer must make it a condition of the transfer that the data may be used only for the purpose for which it is being transferred.
In this section—
“existing enactment” means an enactment passed or made before the relevant day;
“working day” means any day other than—
“relevant day”, in relation to the Trade and Cooperation Agreement or the Security of Classified Information Agreement or any aspect of either agreement, means—
In section 42 of the 2003 Act (information about banking transactions: offence of disclosure), in subsection (1)(b), omit the words from “in reliance on” to the end.
Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, do not apply to the making of regulations under section 31, 32 or 33.
The amendments made by Schedule 2 do not have effect in relation to—
any request to which regulation 106A of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742) applies, or
any PNR data, or the result of processing such data, in relation to which regulation 106B(2) of those regulations has effect.
In section 51(1) of the 2003 Act (general interpretation), in the definition of “administrative proceedings”, for “the Mutual Legal Assistance Convention” substitute “ the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ”.
The power of a Minister of the Crown under section 40(7) to appoint a day includes a power to appoint a time on that day if the Minister considers it appropriate to do so.
A power to make regulations which, under this Schedule, is capable of being exercised subject to different procedures may (in spite of section 14 of the Interpretation Act 1978) be exercised, when revoking, amending or re-enacting an instrument made under the power, subject to a different procedure from the procedure to which the instrument was subject.
In section 24(4)(b) of the Northern Ireland Act 1998 (exception to section 24(3)) omit the “or” at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert , or.
The European Union (Withdrawal) Act 2018 is amended as follows.
In section 20 (interpretation), in subsection (1), after the definition of “exit day” insert—.
Future relationship agreement Section 20(1)
In Part 1 of Schedule 8 (general consequential provision), in each of paragraphs 13(8A), 14(11A), 15(11) and 16(9)—
omit the “or” at the end of paragraph (b), and
after paragraph (c) insert , or.
The designated UK authority may, for any of the law enforcement purposes, make a request to the central authority of a member State for information relating to any overseas convictions of an individual recorded in a criminal records database of the member State.
If an individual who is a national of a member State makes a request to the designated UK authority for information relating to the individual's overseas convictions, the designated UK authority must make a request to the central authority of that member State for information relating to any overseas convictions of the individual recorded in a criminal records database of the member State.
If the individual is a national of more than one member State, the designated UK authority must make a request to the central authority of each of those member States for the information.
Any information provided to the designated UK authority in response to a request made under this section may be used only—
for the purpose or purposes for which it was requested, and
in accordance with any restrictions specified by the central authority that provided it.
But subsection (4) does not prohibit the use of such information for the purpose of preventing an immediate and serious threat to public security.
In this section “overseas conviction” means a conviction under the law of a country or territory outside the United Kingdom.
If— the designated UK authority must, as soon as practicable before the end of the relevant period, provide the information to the central authority (but see subsection (5)).
the central authority of a member State makes a request to the designated UK authority for information relating to an individual's convictions, and
conditions A and B are met,
Condition A is that the request is made—
for any of the law enforcement purposes, or
for the purposes of enabling the central authority to comply with a request made by an individual who is a UK national for information relating to the individual's convictions.
Condition B is that the information—
is recorded in the criminal records database for a part of the United Kingdom, or
is retained in accordance with section 2.
“The relevant period” means the period of 20 working days beginning with the day on which the designated UK authority receives the request.
Subsection (1) does not require the designated UK authority to provide any information relating to a conviction that is spent unless—
the request has been made for the purposes of any criminal investigation or criminal proceedings, or
subsection (6) applies.
If the request has been made for the purposes of determining the suitability of an individual to work with children, the information to be provided under subsection (1) must include any information relating to any conviction of the individual for a child sexual offence (whether or not spent).
Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).
In this section—
“supplementing agreement” means an agreement which constitutes a supplementing agreement by virtue of Article 2 of the Trade and Cooperation Agreement;
In the Medical Devices Regulations 2002 (S.I. 2002/618), in regulation 3A (designated standard) (inserted by regulation 3(6) of the Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791))—
in paragraph (1)(a)(i), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
No provision may be made by a devolved authority acting alone in regulations under section 31, 32 or 33 unless the provision is within the devolved competence of the devolved authority. See paragraphs 23 to 25 for the meaning of “devolved competence” for the purposes of this Part.
No regulations may be made under section 31, 32 or 33 by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under section 31, 32 or 33 by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under section 31, 32 or 33 by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under section 31, 32 or 33 by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. Sub-paragraph (2), (3) or (4) does not apply if— Sub-paragraph (2), (3) or (4) does not apply if—
TBT-1: Motor vehicles and equipment and parts thereof, or
In the General Product Safety Regulations 2005 (S.I. 2005/1803), in regulation 6 (presumption of conformity)—
standard (“S”) which— the product
after paragraph (4) insert—
any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence);
In the Supply of Machinery (Safety) Regulations 2008 (S.I. 2008/1597), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 12 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
“non-food product safety annex” means one of the following annexes to the Trade and Cooperation Agreement—
In the Ecodesign for Energy-Related Products Regulations 2010 (S.I. 2010/2617), in regulation 2A (designated standards) (inserted by paragraph 3 of Schedule 1 to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
A statutory instrument containing regulations under section 33 of a Minister of the Crown acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Provision falls within this sub-paragraph if it amends, repeals or revokes— Any other statutory instrument containing regulations under section 33 of a Minister of the Crown acting alone is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations under section 33 of the Scottish Ministers acting alone which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). Any other regulations under section 33 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). A statutory instrument containing regulations under section 33 of the Welsh Ministers acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Any other statutory instrument containing regulations under section 33 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of Senedd Cymru. Regulations under section 33 of a Northern Ireland department acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations under section 33 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. This paragraph is subject to paragraphs 14 to 17 (urgency procedures for regulations to which this paragraph applies).
No regulations may be made under section 31, 32 or 33 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown. No regulations may be made under section 31, 32 or 33 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown. No regulations may be made under section 31, 32 or 33 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown. Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
This paragraph applies to regulations under section 33 of a Minister of the Crown acting jointly with a devolved authority. The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 12(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 12(2) are subject to the affirmative procedure. Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure. Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 12(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru. Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 12(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. If in accordance with sub-paragraph (4),(6), (11) or (13)— nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument. In sub-paragraph (14) “relevant devolved legislature” means— Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument. Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.
In the Toys (Safety) Regulations 2011 (S.I. 2011/1881), in regulation 3A (designated standard) (inserted by paragraph 5 of Schedule 15 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/3032), in regulation 2A (interpretation: designated standard) (inserted by regulation 18(3) of the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
in paragraph (3)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”;
for paragraph (7) substitute—
In the Explosives Regulations 2014 (S.I. 2014/1638), in regulation 2A (interpretation: designated standard) (inserted by paragraph 3 of Schedule 16 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), in regulation 2A (interpretation: designated standard) (inserted by paragraph 3 of Schedule 19 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 20 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 21 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Lifts Regulations 2016 (S.I. 2016/1093), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 22 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 23 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 24 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (S.I. 2016/1107), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 25 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 26 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Measuring Instruments Regulations 2016 (S.I. 2016/1153), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 27 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Recreational Craft Regulations 2017 (S.I. 2017/737), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 28 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In the Radio Equipment Regulations 2017 (S.I. 2017/1206), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 29 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph (1)(a), after “body” insert “ or an international standardising body ”;
after paragraph (3) insert—;
in paragraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
“modifications” does not include any modifications of the kind which would result in a public bill in Parliament containing them being treated as a hybrid bill;
a devolved authority, or
The individual's name.
Any previous name of the individual.
Any other name used by the individual.
The individual's gender.
The individual's date and place of birth.
The individual's nationality or nationalities.
The names of the individual's parents.
The number of any passport held by the individual.
The issue number (if any) and description of any other identity document (within the meaning of section 7 of the Identity Documents Act 2010) held by the individual.
The individual's fingerprints.
A photograph or other image of the individual's face.
“existing enactment” means an enactment passed or made before the relevant day;
Any power to make regulations under this Act in relation to a future relationship agreement or an agreement falling within section 31(7)(b) is also capable of being exercised before the agreement concerned is signed, provisionally applied or ratified or before it comes into force.
If an instrument, or a draft of an instrument, containing regulations under this Act would, apart from this paragraph, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
In section 80(8A)(b) of the Government of Wales Act 2006 (exception to section 80(8)) omit the “or” at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert , or.
For the purposes of this section a conviction is “spent” if—
in the case of a conviction in Northern Ireland, it is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27));
in any other case, it is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974.
In the criminal records provisions—
“tribunal” means any tribunal in which legal proceedings may be brought.
Any power to make regulations under this Act— For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
Section 28 of the Small Business, Enterprise and Employment Act 2015 (duty to review regulatory provisions in secondary legislation) does not apply in relation to any power to make regulations under this Act.
Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made or its approval after it is made. The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made. Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph (1) and not the procedure mentioned in sub-paragraph (2). Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Senedd Cymru as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Senedd Cymru. Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if the references to Parliament were references to the Northern Ireland Assembly. Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Scottish Parliament, Senedd Cymru or (as the case may be) the Northern Ireland Assembly. This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).
Any power to make regulations under this Act—
may be exercised so as to make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and
includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.
The fact that a power to make regulations is conferred by this Act does not affect the extent of any other power to make subordinate legislation under this Act or any other enactment.
The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of the criminal records provisions to a conviction of an individual for an offence in respect of which an order has been made discharging the individual absolutely or conditionally—
section 247 of the Criminal Procedure (Scotland) Act 1995;
Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));
section 14 of the Powers of Criminal Courts (Sentencing) Act 2000;
section 82 of the Sentencing Code;
section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.
The appropriate national authority may by regulations amend this section so as to change the meaning of “criminal records database” in relation to a part of the United Kingdom.
For the purposes of subsection (3) the “appropriate national authority” is—
in relation to England and Wales, the Secretary of State;
in relation to Scotland, the Scottish Ministers;
in relation to Northern Ireland, the Department of Justice in Northern Ireland.
In Schedule 2—
Part 1 amends the Passenger Name Record Data and Miscellaneous Amendments Regulations 2018 (S.I. 2018/598) (the “PNR regulations”);
Part 2 makes provision for an interim period;
Part 3 confers power to modify the PNR regulations to apply to sea and rail travel.
The Secretary of State may disclose vehicle registration data in accordance with—
Article 537 of the Trade and Cooperation Agreement (automated searching of vehicle registration data), and
Chapter 3 of Annex 39 to that agreement (exchange of vehicle registration data).
A disclosure under this section does not breach—
any obligation of confidence owed by the Secretary of State, or
any other restriction on the disclosure of data (however imposed).
Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation (save that the power conferred by this section is to be taken into account in determining whether any disclosure contravenes that legislation).
Nothing in this section limits the circumstances in which data may be disclosed under any other enactment or rule of law.
“Vehicle registration data” has the meaning given by Article 528 of the Trade and Cooperation Agreement (definitions).
Schedule 3 contains provision about mutual assistance in criminal matters.
The Accreditation of Forensic Service Providers Regulations 2018 (S.I. 2018/1276) are amended as follows.
In regulation 2 (interpretation)—
in the definitions of “dactyloscopic data”, “DNA-profile” and “laboratory activity”, for “the Framework Decision” substitute “ Title II of Part 3 of the Trade and Cooperation Agreement (exchanges of DNA, fingerprints and vehicle registration data etc) ”,
omit the definition of “Framework Decision”, and
“the Trade and Cooperation Agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act)
In regulation 4 (requirement to use an accredited forensic service provider) in paragraph (2)(b) for “Article 4 of the Framework Decision” substitute “ paragraph 1 of Article LAW.PRUM.16 of the Trade and Cooperation Agreement ”.
In the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 (S.I. 2003/3333) after Article 1 insert—
In Article 2(2) and Article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) omit the entry for each territory that is designated for the purposes of Part 1 of the Extradition Act 2003 by reason of subsection (1) of this section.
The Extradition Act 2003 is amended as follows.
In section 64 (extradition offence: persons not sentenced for offence)—
in subsection (2), for “, (4) or (5)” substitute “ or (4) ”, and
omit subsection (5).
In section 65 (extradition offence: persons sentenced for offence)—
in subsection (2), for “, (4) or (5)” substitute “ or (4) ”, and
omit subsection (5).
In section 142 (issue of Part 3 warrant)—
in subsection (6)(a), for “European framework” substitute “ Trade and Cooperation Agreement ”, and
in subsection (7), in the words before paragraph (a), for “European framework” substitute “ Trade and Cooperation Agreement ”.
In section 215 (European framework list)—
in the heading, for “European framework” substitute “ Trade and Cooperation Agreement ”, and
in subsection (1), for “European framework” substitute “ Trade and Cooperation Agreement ”.
In Schedule 2 (European framework list)—
in the heading, for “European framework” substitute “ Trade and Cooperation Agreement ”,
in paragraph 7, after “Corruption” insert “ , including bribery ”, and
in paragraph 31, for “aircraft/ships” substitute “ aircraft/ships/spacecraft ”.
Section 155A of the Extradition Act 2003 (category 1 territories not applying framework decision to old cases) is amended as follows.
In the heading, for “framework decision” substitute “ Trade and Cooperation Agreement ”.
In subsection (1)—
for “European extradition requests” substitute “ requests for extradition made by the United Kingdom ”, and
for “the European framework decision” substitute “ Title VII of Part 3 of the Trade and Cooperation Agreement ”.
In subsection (4)—
omit the definitions of “European extradition request” and “European framework decision”, and
“the Trade and Cooperation Agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act).
This section applies to information which relates to the safety of non-food products and is supplied by the European Commission, or such person as the Commission may specify by written notice to the Secretary of State, to a relevant authority for the purpose of giving effect to a provision of—
Article 96 of the Trade and Cooperation Agreement (including any annex to that Article), or
a non-food product safety annex.
A relevant authority may disclose that information for a permitted purpose.
The following are the “permitted purposes” for the purpose of subsection (2)—
to ensure health and safety,
to ensure the protection of consumers, and
to ensure the protection of the environment.
A person who receives information as a result of subsection (2) may not—
use the information for a purpose other than a permitted purpose, or
further disclose that information except with the consent of the relevant authority who disclosed the information.
This section applies to information held by a relevant authority which relates to the safety of non-food products.
A relevant authority may disclose information to the European Commission, or such person as the Commission may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of—
Article 96 of the Trade and Cooperation Agreement (including any annex to that Article), or
a non-food product safety annex.
A person commits an offence if the person, in contravention of section 14(4)(b), discloses information which relates to a person whose identity—
is specified in the disclosure, or
can be deduced from it.
It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—
that the disclosure was lawful, or
that the information had already lawfully been made available to the public.
A prosecution for an offence under this section—
may be brought in England and Wales only with the consent of the Director of Public Prosecutions;
may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
In relation to an offence committed before 2 May 2022, the reference in subsection (4)(b)(i) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
Nothing in section 14 or 15 limits the circumstances in which information may be disclosed under any other enactment or rule of law.
A disclosure under section 14 or 15 does not breach—
any obligation of confidence owed by the relevant authority, or
any other restriction on the disclosure of information (however imposed).
Nothing in this section, or in section 14 or 15, authorises a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, the powers conferred by sections 14(2) and 15(2) are to be taken into account).
In sections 14 to 17 and this section—
any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976.
The definition of “relevant criminal offence” in section 37(1) is to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “the age of 21”. In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.
The date of the conviction.
A statutory instrument containing regulations under section 6(3) of the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations under section 6(3) of the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). Regulations under section 6(3) of the Department of Justice in Northern Ireland are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
A statutory instrument which— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Regulations which are to be made— are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). A statutory instrument which— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Regulations which are to be made— may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. This paragraph is subject to paragraphs 14 to 17 (urgency procedures for regulations to which this paragraph applies).
In the case of a conviction by or before a court, the court by or before which the individual was convicted. In any other case, the person or description of person by or before which the individual was convicted.
This paragraph applies to regulations under section 31 of a Minister of the Crown acting jointly with a devolved authority which are to be made before IP completion day. The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. A statutory instrument containing regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure. Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
The reference number of the conviction.
The offence of which the individual was convicted.
The date on which the offence was committed (or, if the offence was committed over a period of time, that period).
The place where the offence was committed.
Any sentence imposed in respect of the offence. In this paragraph “sentence” includes anything that under section 376(1) and (3) of the Armed Forces Act 2006 (punishments awarded by officers etc) is to be treated as a sentence for the purposes of that Act.
Any other order made in respect of the offence.
For the purposes of sections 14 and 15 and this section, information which relates to the safety of non-food products includes—
information about whether, and the extent to which, a non-food product complies, or may comply, with any—
relevant legal requirement, or
other assessment that relates to product safety,
information about developments, or potential developments, in the field of safety of non-food products, and
the exercise of functions by market surveillance authorities in relation to non-food products.
Schedule 4 contains amendments about the use of international standards.
In the Customs and Excise Management Act 1979, after section 8 insert—
In section 10 of that Act (disclosure by Commissioners of certain information as to imported goods), omit subsection (A1).
In the Taxation (Cross-border Trade) Act 2018—
omit section 25 (disclosure of information);
omit section 26 (co-operation with other customs services);
(in consequence of the amendment made by subsection (2)), in Schedule 7 (consequential amendments) omit paragraph 8(2).
The Customs and Excise Management Act 1979 is amended as follows.
After section 166 insert—
In section 172 (regulations)—
in subsection (2), for “subsection (3)” substitute “ subsections (3) and (4) ”;
after subsection (3) insert—
The arrangements contained in the Protocol have effect (and do so in spite of anything in any enactment).
The Commissioners for Her Majesty's Revenue and Customs are the competent authority in the United Kingdom responsible for the application of the Protocol.
A reference in any enactment to arrangements having effect by virtue of, or by virtue of an Order in Council under, section 173 of the Finance Act 2006 (international tax enforcement arrangements) includes a reference to arrangements having effect by virtue of this section.
In this section “the Protocol” means—
the protocol, contained in the Trade and Cooperation Agreement, on administrative co-operation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties, and
any decision or recommendation adopted by the Specialised Committee in accordance with that protocol.
In subsection (4)—
a reference to the Trade and Cooperation Agreement or to any provision of it is to that agreement or provision as it has effect at the relevant time;
a reference to a decision or recommendation adopted by the Specialised Committee in accordance with any provision is to a decision or recommendation so adopted at or before the relevant time.
In subsection (5) “the relevant time” means the time at which the protocol mentioned in subsection (4)(a) comes into effect (or, if it comes into effect at different times for different purposes, the earliest such time).
The Commissioners for Her Majesty's Revenue and Customs may by regulations amend subsection (6) so as to substitute a later time for that for the time being specified there.
In Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market, for the model licence set out in Annex 2 (UK licence for the Community model) substitute the model licence set out in Part B of Appendix Road.A.1.3 to Annex Road-1 to the Trade and Cooperation Agreement.
The 2009 Regulation is amended in accordance with this section.
In Article 2(2) (meaning of “international carriage”), as amended by regulation 13(3)(b) of the 2019 regulations—
in point (e), omit “or”;
at the end of point (f), insert; or
In Article 8 (general principle of cabotage), as amended by regulation 13(9) of the 2019 regulations, in paragraph 2, for “three cabotage operations”, in each place it appears, substitute “ two cabotage operations ”.
In this section—
“treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act);
a Measure or Act of Senedd Cymru, or
The Secretary of State may disclose data from the GB electronic register in accordance with—
Article 13(2) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement (interconnection and accessibility of electronic registers of data relating to drivers' cards for tachographs), or
Article 13(4) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement (access for control officers to electronic registers of data relating to drivers' cards for tachographs).
The Department for Infrastructure may disclose data from the NI electronic register in accordance with—
Article 13(2) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement (interconnection and accessibility of electronic registers of data relating to drivers' cards for tachographs), or
Article 13(4) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement (access for control officers to electronic registers of data relating to drivers' cards for tachographs).
A disclosure under this section does not breach—
any obligation of confidence owed by the Secretary of State or the Department for Infrastructure, or
any other restriction on the disclosure of data (however imposed).
Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation (save that the power conferred by this section is to be taken into account in determining whether any disclosure contravenes that legislation).
Nothing in this section limits the circumstances in which data may be disclosed under any other enactment or rule of law.
In this section—
a devolved authority, or
“the Trade and Cooperation Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);
In section 57(5)(b) of the Scotland Act 1998 (exception to section 57(4)) omit the “or” at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert , or.
The amendments made by section 12 do not apply for the purpose of deciding whether the offence specified in a Part 1 warrant is an extradition offence if the person in respect of whom the warrant is issued is arrested under the warrant, or under section 5 of the Extradition Act 2003 on the basis of a belief related to the warrant, before IP completion day.
The fact that a modification of subordinate legislation has been made by this Act does not of itself prevent the subordinate legislation as modified from being further modified under the power under which it was made or by other subordinate legislation.
In section 30(7) of the Interpretation and Legislative Reform (Scotland) Act 2010 (exception to the requirement for certain instruments to be laid before the Scottish Parliament) after “2018” insert “or paragraph 15 of Schedule 5 to the European Union (Future Relationship) Act 2020”.
The following provisions of the Trade and Cooperation Agreement, in its English language version, form part of domestic law on and after the relevant day—
the SSC Protocol;
Title I of Heading 4 of Part 2 (Trade, Transport, Fisheries and Other Arrangements);
Articles 6 and 775, so far as applying to the SSC Protocol.
Any enactment has effect on and after the relevant day with such modifications as—
are required in consequence of subsection (1) or otherwise for the purposes of implementing the provisions mentioned in that subsection, and
are capable of being ascertained from those provisions or otherwise from the Trade and Cooperation Agreement.
Subsections (1) and (2)—
are subject to any equivalent or other provision—
which (whether before, on or after the relevant day) is made by or under this Act or any other enactment or otherwise forms part of domestic law, and
which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement or any other future relationship agreement, and
do not limit the scope of any power which is capable of being exercised to make any such provision.
The references to the Trade and Cooperation Agreement in— are (except as provided in that definition) references to the agreement as it has effect on the relevant day.
subsections (1) and (2), and
the definition of “the SSC Protocol” in subsection (5),
In this section— and references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.
Section 4B of the International Organisations Act 1968 (bodies established under the Treaty on European Union) is amended in accordance with this section.
For the title substitute “ The EU and Euratom and related organisations and bodies ”.
For subsection (1) substitute—
In subsection (2)—
in the words before paragraph (a), for “a specified body to which this section applies” substitute “ the European Union, Euratom or an EU or Euratom organisation or body if this section applies to it and it is specified ”;
in paragraph (a), and in paragraph (b) (in both places), for “body” substitute “ it ”;
in paragraph (b), for “subsection (1)(b)” substitute “ subsection (1) ”.
In subsection (3)—
in paragraph (a), for “body's officers or staff” substitute “officers or staff of the European Union, Euratom or the EU or Euratom organisation or body;
in paragraph (b), for “the body” substitute “ it ”.
After subsection (3) insert—
“body” includes a delegation or office; “EU or Euratom organisation or body” means— “specified”
In regulation 3 of the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019 (S.I. 2019/195) (relevant international agreements)—
after paragraph (g) insert—, and
in the words after the paragraphs, for “(g)” substitute “ (h) ”.
In regulation 49 of the Nuclear Safeguards (EU Exit) Regulations 2019 (S.I. 2019/196) (interpretation of Part 13), in the definition of “specified international agreement”, for “paragraphs (c) to (f)” substitute “ any of paragraphs (c) to (f) and (h) ”.
Existing domestic law has effect on and after the relevant day with such modifications as are required for the purposes of implementing in that law the Trade and Cooperation Agreement or the Security of Classified Information Agreement so far as the agreement concerned is not otherwise so implemented and so far as such implementation is necessary for the purposes of complying with the international obligations of the United Kingdom under the agreement.
Subsection (1)—
is subject to any equivalent or other provision—
which (whether before, on or after the relevant day) is made by or under this Act or any other enactment or otherwise forms part of domestic law, and
which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement, the Security of Classified Information Agreement or any other future relationship agreement, and
does not limit the scope of any power which is capable of being exercised to make any such provision.
The references in subsection (1) to the Trade and Cooperation Agreement or the Security of Classified Information Agreement are references to the agreement concerned as it has effect on the relevant day.
In this section— and references to the purposes of (or having the effect of) implementing an agreement include references to the purposes of (or having the effect of) making provision consequential on any such implementation.
a Minister of the Crown,
A statutory instrument containing regulations under section 39(1) is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument which— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Provision falls within this sub-paragraph if it— Any other statutory instrument which— is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament. See paragraph 8 for certain restrictions on the choice of procedure under sub-paragraph (3). Regulations under section 31 of the Scottish Ministers acting alone which— are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). Any other regulations under section 31 of the Scottish Ministers acting alone which are made on or after IP completion day are (if they have not been subject to the affirmative procedure) subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). A statutory instrument which— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Any other statutory instrument which— is (if a draft of the instrument has not been laid before, and approved by a resolution of, Senedd Cymru) subject to annulment in pursuance of a resolution of Senedd Cymru. See paragraph 9 for certain restrictions on the choice of procedure under sub-paragraph (8). Regulations under section 31 of a Northern Ireland department acting alone which— may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations under section 31 of a Northern Ireland department acting alone which are made on or after IP completion day are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. This paragraph is subject to paragraphs 14 to 17 (urgency procedures for regulations to which this paragraph applies).
This paragraph applies to regulations under section 31 of a Minister of the Crown acting jointly with a devolved authority which are made, or (as the case may be) are to be made, on or after IP completion day. The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 6(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Any other statutory instrument containing regulations to which this paragraph applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament. Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 6(2) are subject to the affirmative procedure. Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure. Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) or (6) applies and which are subject to the affirmative procedure as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 6(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, Senedd Cymru) subject to annulment in pursuance of a resolution of Senedd Cymru. Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 6(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. If in accordance with sub-paragraph (4),(6), (11) or (13)— nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument. In sub-paragraph (14) “relevant devolved legislature” means— Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument. Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.
Sub-paragraph (2) applies if a Minister of the Crown, who is to make within the period of two years beginning with IP completion day a statutory instrument to which paragraph 6(3) applies, is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament. The Minister may not make the instrument so that it is subject to that procedure unless— Condition 1 is that a Minister of the Crown— Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument. Condition 3 is that the relevant period has ended without condition 2 being met. Sub-paragraph (7) applies if— Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee. If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so. A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate. In this paragraph “the relevant period” means the period— For the purposes of sub-paragraph (10)— and, for the purposes of sub-paragraph (10) and this sub-paragraph, a day is only a day on which the House of Commons or the House of Lords is sitting if the House concerned begins to sit on that day. Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 6(3) applies is made that another procedure should apply in relation to the instrument (whether under paragraph 6(3) or 14). Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.
Sub-paragraph (2) applies if the Welsh Ministers are to make within the period of two years beginning with IP completion day a statutory instrument to which paragraph 6(8) applies and are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru. The Welsh Ministers may not make the instrument so that it is subject to that procedure unless— Condition 1 is that the Welsh Ministers— Condition 2 is that a committee of Senedd Cymru charged with doing so has made a recommendation as to the appropriate procedure for the instrument. Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before Senedd Cymru as mentioned in sub-paragraph (3)(b)(i) has ended without any recommendation being made as mentioned in sub-paragraph (4). In calculating the period of 14 days, no account is to be taken of any time during which Senedd Cymru is— Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph 6(8) applies is made that another procedure should apply to the instrument (whether under paragraph 6(8) or 16). Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this paragraph applies.
A court or tribunal must have regard to Article 4 of the Trade and Cooperation Agreement (public international law) when interpreting that agreement or any supplementing agreement.
A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate—
to implement the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement, the Security of Classified Information Agreement or any relevant agreement, or
otherwise for the purposes of dealing with matters arising out of, or related to, the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement, the Security of Classified Information Agreement or any relevant agreement.
Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).
Regulations under this section may (among other things and whether with the same or a different effect) re-implement any aspect of— which has already been implemented (whether by virtue of this Act or otherwise).
the Trade and Cooperation Agreement,
the Nuclear Cooperation Agreement,
the Security of Classified Information Agreement, or
any relevant agreement,
But regulations under this section may not—
impose or increase taxation or fees,
make retrospective provision,
create a relevant criminal offence,
amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or
amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 27(b) of Schedule 5 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).
Subsection (4)(b) does not apply in relation to any regulations under this section which are for the purposes of replacing or otherwise modifying, or of otherwise making provision in connection with, the provision made by section 37(4) and (5).
See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).
In this section “relevant agreement” means—
any future relationship agreement which is not the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement, or
any agreement which falls within Article 361(4) of the Trade and Cooperation Agreement (competition co-operation agreement) (including any agreement which so falls as modified or supplemented from time to time in accordance with any provision of it or of any future relationship agreement).
A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate in connection with—
the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement (to any extent) coming into force, or becoming provisionally applied, later than IP completion day and after a period of time during which the agreement concerned was (to that extent) neither in force nor provisionally applied, or
the ending, suspension or resumption of any provisional application of the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement.
Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).
Regulations under this section may not—
create a relevant criminal offence,
amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or
amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 27(b) of Schedule 5 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).
See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).
A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate for the purposes of, or otherwise in connection with, the suspension, resumption or termination of— in accordance with the terms applicable to the agreement.
the Trade and Cooperation Agreement,
the Security of Classified Information Agreement, or
any other future relationship agreement,
A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate—
to implement or remove any relevant remedial measures which the United Kingdom has decided to take under the Trade and Cooperation Agreement or any other future relationship agreement, or
otherwise for the purposes of, or otherwise in connection with, the taking of any relevant remedial measures by the United Kingdom or another party to the Trade and Cooperation Agreement or any other future relationship agreement.
A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate—
to implement any agreed resolution of a dispute between the United Kingdom and another party under the Trade and Cooperation Agreement, the Security of Classified Information Agreement or any other future relationship agreement, or
for the purposes of, or otherwise in connection with, any other decision of the United Kingdom in connection with any such dispute (other than a decision to suspend, resume, terminate or take relevant remedial measures).
Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).
But regulations under this section may not—
make retrospective provision,
create a relevant criminal offence,
confer a power to legislate,
implement a ruling of an arbitration tribunal under the Trade and Cooperation Agreement or any other future relationship agreement,
amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or
amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 27(b) of Schedule 5 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).
Subsection (5)(c) does not prevent—
the modification of a power to legislate, or
the extension of such a power for similar purposes to those for which it was conferred.
See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).
References in this section to the suspension, resumption or termination of a future relationship agreement include references to—
its suspension, resumption or termination in whole or in part or for a particular purpose or purposes, and
anything equivalent in effect to a suspension, resumption or termination (however expressed).
In this section “relevant remedial measures” means— and includes any interim or temporary measures which fall within paragraph (a), (b) or (c) but does not include any suspension, resumption or termination which falls within subsection (1).
any safeguard measures, or re-balancing measures, which any party to the Trade and Cooperation Agreement or any supplementing agreement is entitled to take under Article 773 of the Trade and Cooperation Agreement (including that Article as it has effect in relation to any supplementing agreement),
any other safeguard measures or re-balancing measures, or
any other remedial measures which any party to a future relationship agreement is entitled to take under that agreement or any other future relationship agreement,
There may be paid out of money provided by Parliament any expenditure which the Secretary of State may incur in making payments to the EU or an EU entity to support the PEACE PLUS programme and any successor programmes.
In subsection (1)—
There may be paid out of money provided by Parliament any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of any future relationship agreement.
A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
Subsection (3) is subject to any other provision made by or under this Act or any other enactment.
In this section “government department” means any department of the Government of the United Kingdom.
Section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) does not apply in relation to the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement (but this does not affect whether that section applies in relation to any treaty which modifies or supplements the agreement concerned).
In this Act—
A statutory instrument containing regulations under section 32 of a Minister of the Crown acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Regulations under section 32 of the Scottish Ministers acting alone are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). A statutory instrument containing regulations under section 32 of the Welsh Ministers acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Regulations under section 32 of a Northern Ireland department acting alone may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. This paragraph is subject to paragraphs 14 to 17 (urgency procedures for regulations to which this paragraph applies).
This paragraph applies to regulations under section 32 of a Minister of the Crown acting jointly with a devolved authority. The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. A statutory instrument containing regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure. Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
For the purposes of this Act, examples of where an agreement or part of an agreement is modified or supplemented in accordance with any provision of the agreement or of any other future relationship agreement include where it is modified or supplemented as a result of—
a decision or other act of any council, committee, sub-committee or other body of persons established by virtue of the agreement or another future relationship agreement, or
any arrangements provided for by virtue of the agreement or another future relationship agreement.
References in this Act to the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement also include references to the agreement concerned—
as provisionally applied, and
as modified or supplemented from time to time on or before its coming into force and otherwise than in accordance with any provision of it or of any other future relationship agreement.
Subsection (5) applies if, in accordance with any provision of the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement, any version of the agreement concerned which results from a process of final legal revision replaces from the beginning the signed version of the agreement and is established as authentic and definitive.
References in this Act or any other enactment to the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or (as the case may be) the Security of Classified Information Agreement, or to any provision or collection of provisions of the agreement concerned, are to be read as modified accordingly.
Schedule 5 contains provision about regulations under this Act (including provision about procedure).
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.
The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.
Part 1 of Schedule 6 contains consequential provision.
A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act.
Part 2 of Schedule 6 contains transitional, transitory and saving provision.
Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.
Section 25(1) extends to England and Wales and Scotland only.
Section 25(2) extends to Northern Ireland only.
Paragraph 2 of Schedule 4 extends to England and Wales and Scotland only.
Subject to subsection (4), any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.
The following provisions— come into force on the day on which this Act is passed.
section 6(1) for the purposes of the Secretary of State giving a direction as provided for in the definition of “designated UK authority”,
paragraph 4 of Schedule 2 for the purposes of the Secretary of State giving a direction under regulation 4A(1) of the PNR regulations and any other provision of that Schedule so far as necessary for those purposes (and section 7 so far as relating to those provisions),
paragraph 2(1) to (5) of Schedule 3 (and section 9 so far as relating to those provisions),
sections 30 to 33,
sections 35 to 38 (including Schedule 5),
section 39(1), (2) and (4),
paragraphs 4 and 11 to 13 of Schedule 6 (and section 39(3) and (5) so far as relating to those paragraphs), and
this section,
The provisions of this Act, so far as they are not brought into force by subsection (6), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.
This Act may be cited as the European Union (Future Relationship) Act 2020.
Section 1(6)
“power to legislate” does not include a power—
This Schedule sets out the information that is required by section 1 to be included in a notification of an individual's conviction. The information mentioned in paragraphs 4, 8 to 12, 15 and 18 is required to be included only if it is recorded in the criminal records database referred to in subsection (1) or (as the case may be) subsection (2) of that section.
A statutory instrument containing regulations under section 22(7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
Section 7
The PNR regulations are amended as follows.
Regulation 2 (interpretation) is amended as follows. Insert the following definitions at the appropriate places in paragraph (1)—; “air carrier” means the owner or agent of an aircraft operating passenger services to or from the United Kingdom; “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “designated independent authority” means the person for the time being designated under regulation 4A by a direction given by the Secretary of State; “EU PIU” means an authority based in a member State which has been notified to the United Kingdom under the Agreement as the passenger information unit for that member State; “EU PNR data” means PNR data— “EU PNR information” means EU PNR data, the result of processing EU PNR data or analytical information containing EU PNR data; “Eurojust” means the European Union Agency for Criminal Justice Cooperation as established by Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust) and replacing and repealing Council Decision 2002/187/JHA (as it has effect in EU law as amended from time to time); “European Commission” means the Commission of the European Union; “Europol” means the European Union Agency for Law Enforcement Cooperation as established by Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (as it has effect in EU law as amended from time to time); “PNR information” means PNR data, the result of processing PNR data or analytical information containing PNR data; “relevant day”, in relation to the Agreement or any aspect of it, means— “third country competent authority” means an authority based in a third country that is competent for— Omit the following definitions— “data subject”; “non-UK competent authority”; “the Passenger Name Record Directive”. In the definition of “processing”— “serious crime” means conduct which constitutes an offence in any part of the United Kingdom for which the maximum term of imprisonment (in the case of a person aged 21 or over) is at least 3 years (or would constitute such an offence in any part of the United Kingdom if committed there); In the definition of “third country”— “terrorist offences” means the offences listed in Annex LAW-7 to the Agreement; In the definition of “UK competent authority”— After paragraph (1) insert—
Regulation 3 (designation of passenger information unit) is amended as follows. In paragraph (2)(c)— After paragraph (2)(c) insert—. In paragraph (2)(d)— After paragraph (2) insert—
After regulation 4 insert—
Regulation 5 (scope) is amended as follows. The existing text becomes paragraph (1). After that paragraph insert—
Regulation 6 (processing of PNR data by the PIU) is amended as follows. In paragraph (1)— In paragraph (2), at the end insert “ , subject to regulation 4A (6) ”. For paragraphs (3) and (4) substitute— In paragraph (5)— After paragraph (5) insert— Omit paragraphs (6) to (8). In paragraph (9)—
Regulation 7 (processing of PNR data by a UK competent authority) is amended as follows. In paragraph (1)(a)— In paragraph (2)— After paragraph (2) insert—
Before regulation 11 insert—
Regulation 11 (requests for PNR data made by a UK competent authority) is amended as follows. In the heading omit “to a non-UK competent authority”. In paragraph (1)— In paragraph (2)—
After regulation 11 insert—
Regulation 12 (transfers of PNR data to third country competent authorities) is amended as follows. In the heading— For paragraph (1) substitute— In paragraph (2)— In paragraph (2A)— After paragraph (2A) insert— In paragraph (3)(a) for the words from “the purposes” to “case” substitute “ a purpose described in regulation 6(3) ”. In paragraph (4)—
Regulation 13 (period of data retention and depersonalisation) is amended as follows. For paragraph (1) substitute— After paragraph (1) insert— In paragraph (2)— In paragraph (3) for “passenger” substitute “ person ”. After paragraph (3) insert— In paragraph (4)(a) for “the purpose referred to in regulation 6(3)(b)” substitute “ a purpose described in regulation 6(3) ”. In paragraph (6) for “upon expiry of the period referred to in paragraph (1)” substitute “ when that data is no longer required in the context of the specific case for which it was transferred to the UK competent authority ”. Omit paragraphs (7) to (10).
After regulation 13 insert—
Before regulation 14 insert—
Regulation 14 (protection of personal data) is amended as follows. After paragraph (1) insert— In paragraph (3)(c) for “non-UK competent authorities” substitute “ EU PIUs, Europol or Eurojust ”.
Regulation 16 (application of other data protection enactments) is amended as follows. In paragraph (2)—
Until the commencement of paragraph 14, the PNR regulations have effect— The regulation is— Regulation 4A has effect as if— For this purpose, “the Agreement”, “designated independent authority” and “the PIU” have the same meanings as in the PNR regulations. Regulations 11A and 11B each have effect as if the following were inserted at the end— Regulation 13(1A) has effect as if the reference to regulation 13B were a reference to regulation 13AA.
This paragraph applies if an agreement (a “new agreement”) is made between the United Kingdom and the EU or one or more member States which (whether with or without variation)— The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate— Regulations under sub-paragraph (2) may modify the PNR regulations (as they have effect for the time being). Paragraph 15 of Schedule 8 to the European Union (Withdrawal) Act 2018 (explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the European Communities Act 1972) does not apply in relation to any modification by virtue of sub-paragraph (3).
Section 9
“relevant authority” means—
In this Schedule “the 2003 Act” means the Crime (International Co-operation) Act 2003.
Sub-paragraph (2) applies to— The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved. After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament. Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. In calculating the period of 28 days, no account is to be taken of any time during which— If regulations cease to have effect as a result of sub-paragraph (4), that does not— Sub-paragraph (8) applies to a statutory instrument to which paragraph 6(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament. Paragraph 8 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.
A statutory instrument containing regulations under paragraph 18 of Schedule 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown. The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State. Sub-paragraph (1) or (2) does not apply if— The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in— would require the consent of a Minister of the Crown. Sub-paragraph (4) does not apply if—
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law), or
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring section 57(2) of the Scotland Act 1998 so far as relating to EU law and section 57(4) of that Act).
Sub-paragraph (2) applies to— The regulations may be made without being subject to the affirmative procedure if the regulations contain a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to that procedure. After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament. Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament. In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is— If regulations cease to have effect as a result of sub-paragraph (4), that does not—
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
it would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but including any provision that could be made only with the consent of a Minister of the Crown), or
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring section 80(8) of the Government of Wales Act 2006).
Sub-paragraph (2) applies to— The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, Senedd Cymru if it contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved. After an instrument is made in accordance with sub-paragraph (2), it must be laid before Senedd Cymru. Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of Senedd Cymru. In calculating the period of 28 days, no account is to be taken of any time during which Senedd Cymru is— If regulations cease to have effect as a result of sub-paragraph (4), that does not— Sub-paragraph (8) applies to a statutory instrument to which paragraph 6(8) applies where the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru. Paragraph 9 does not apply in relation to the instrument if the instrument contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
the provision, if it were contained in an Act of the Northern Ireland Assembly—
would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and
would not require the consent of the Secretary of State,
the provision—
amends or repeals Northern Ireland legislation, and
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998) and require the consent of the Secretary of State, or
the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring section 24(1)(b) and (3) of the Northern Ireland Act 1998).
Sub-paragraph (2) applies to— The regulations may be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly if they contain a declaration that the Northern Ireland department concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved. After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly. Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly. In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is— If regulations cease to have effect as a result of sub-paragraph (4), that does not—
“modifications” does not include any modifications of the kind which would result in a public bill in Parliament containing them being treated as a hybrid bill;
The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742) are amended as follows. In regulation 87 (which amends the 2003 Act)— In consequence of the provision made by sub-paragraph (2)— In regulation 88(2), in the inserted article 3, omit the words from “for the purposes of” to the end. In regulation 90(2), in the inserted article 2, omit the words from “for the purposes of” to the end. In regulation 97—
In Part 1 of the 2003 Act, Chapter 4 (information about banking transactions) is amended as follows. In section 32 (customer information: England and Wales and Northern Ireland), for subsection (6) substitute— In section 37 (customer information: Scotland), for subsection (6) substitute— The amendments made by this paragraph apply in relation to requests received by the Secretary of State or (as the case may be) the Lord Advocate after the coming into force of this paragraph.
In Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast), in Article 2(3) (designated standard) (substituted by paragraph 3(i) of Schedule 34 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in subparagraph (1)(a), after “body” insert “ or an international standardising body ”;
after subparagraph (3) insert—;
in subparagraph (5)—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In Part 2 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (S.I. 2013/2605), article 57 (meaning of customer information) is amended as follows. In paragraph (1), after “accounts” insert “ or any safe deposit box ”. In paragraph (2)— In paragraph (3)— After paragraph (4) insert— The amendments made by this paragraph apply in relation to requests received by the Secretary of State after the coming into force of this paragraph.
In Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, in Article 18B (designated standards) (inserted by paragraph 19 of Schedule 1 to the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465))—
in paragraph 1(a), after “body” insert “ or adopted by an international standardising body ”;
in paragraph 3, for “international standards” substitute “ , or any other, standards adopted by international standardising bodies ”;
after paragraph 9 insert—
In Part 4 of the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015 (S.I. 2015/206) (customer information orders), article 23 (meaning of customer information) is amended as follows. In paragraph (1), after “accounts” insert “ or any safe deposit box ”. In paragraph (2)— In paragraph (3)— After paragraph (4) insert— The amendments made by this paragraph apply in relation to requests received by the Secretary of State after the coming into force of this paragraph.
In the Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009, in Article 3A (designated standards) (inserted by regulation 16(5) of the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837))—
in paragraph 1(a), after “body” insert “ or an international standardising body ”;
after paragraph 3 insert—;
in paragraph 5—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC, in Article 3A (designated standards) (inserted by regulation 15 of the Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347))—
in paragraph 1(a), after “Institution” insert “ or an international standardising body ”;
after paragraph 2 insert—;
after paragraph 5 insert—
In Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC, in Article 7A (designated standard) (inserted by paragraph 3(7) of Schedule 35 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph 1(a), after “body” insert “ or an international standardising body ”;
after paragraph 3 insert—;
in paragraph 5—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
In Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC, in Article 6A (designated standard) (inserted by paragraph 2(7) of Schedule 36 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—
in paragraph 1(a), after “body” insert “ or an international standardising body ”;
after paragraph 3 insert—;
in paragraph 5—
after “with” insert “ such ”;
at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”
Section 19
Section 38
Section 39(3) and (5)