Legalize / United Kingdom / Public General Act

European Union (Future Relationship) Act 2020

Type Public General Act

Publication 2020-12-31

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) 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.

(4) 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.

(5) 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.

Regulations

38

Schedule 5 contains provision about regulations under this Act (including provision about procedure).

Consequential and transitional provision etc.

39

(1) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

(2) The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3) Part 1 of Schedule 6 contains consequential provision.

(4) 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.

(5) Part 2 of Schedule 6 contains transitional, transitory and saving provision.

Final

Extent, commencement and short title

40

(1) Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.

(2) Section 25(1) extends to England and Wales and Scotland only.

(3) Section 25(2) extends to Northern Ireland only.

(4) Paragraph 2 of Schedule 4 extends to England and Wales and Scotland only.

(5) 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.

(6) The following provisions—

(a) section 6(1) for the purposes of the Secretary of State giving a direction as provided for in the definition of “designated UK authority”,

(b) 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),

(d) sections 30 to 33,

(e) sections 35 to 38 (including Schedule 5),

(f) section 39(1), (2) and (4),

(g) paragraphs 4 and 11 to 13 of Schedule 6 (and section 39(3) and (5) so far as relating to those paragraphs), and

(h) this section,

come into force on the day on which this Act is passed.

(7) 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.

(8) This Act may be cited as the European Union (Future Relationship) Act 2020.

SCHEDULE 1

Introductory

1

(1) This Schedule sets out the information that is required by section 1 to be included in a notification of an individual's conviction.

(2) 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.

Information about the individual

2

The individual's name.

3

Any previous name of the individual.

4

Any other name used by the individual.

5

The individual's gender.

6

The individual's date and place of birth.

7

The individual's nationality or nationalities.

8

The names of the individual's parents.

9

The number of any passport held by the individual.

10

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.

11

The individual's fingerprints.

12

A photograph or other image of the individual's face.

Information about the conviction

13

The date of the conviction.

14

(1) In the case of a conviction by or before a court, the court by or before which the individual was convicted.

(2) In any other case, the person or description of person by or before which the individual was convicted.

15

The reference number of the conviction.

16

The offence of which the individual was convicted.

17

The date on which the offence was committed (or, if the offence was committed over a period of time, that period).

18

The place where the offence was committed.

19

Any sentence imposed in respect of the offence.

20

Any other order made in respect of the offence.

SCHEDULE 2

PART 1 — Amendments to the PNR regulations

1

The PNR regulations are amended as follows.

2

(1) Regulation 2 (interpretation) is amended as follows.

(2) Insert the following definitions at the appropriate places in paragraph (1)—

“the 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 it has effect on the relevant day (as amended or supplemented from time to time on or before its coming into force);”;

;

“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— (a) relating to an aircraft arriving, or expected to arrive, in the United Kingdom from or by way of a member State, (b) relating to an aircraft leaving, or expected to leave, the United Kingdom to travel to or by way of a member State, (c) stored in a member State by an air carrier, (d) stored by an air carrier incorporated in a member State, or (e) received by the PIU from an EU PIU;

;

“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— (a) so far as the Agreement or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and (b) so far as the Agreement or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force;

;

“third country competent authority” means an authority based in a third country that is competent for— (a) the prevention, detection, investigation or prosecution of terrorist offences or serious crime, or (b) protecting the vital interests of persons;

(3) Omit the following definitions—

“data subject”;

“non-UK competent authority”;

“the Passenger Name Record Directive”.

(4) In the definition of “processing”—

(a) for “PNR data” substitute “ PNR information ”;

(b) for “that data” substitute “ that information ”.

(5) For the definition of “serious crime” substitute—

“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);

(6) In the definition of “third country”—

(a) before “the United Kingdom” insert

— (a)

;

(b) at the end insert

, or (b) a member State;

(7) For the definition of “terrorist offences” substitute—

“terrorist offences” means the offences listed in Annex LAW-7 to the Agreement;

(8) In the definition of “UK competent authority”—

(a) after “competent for” insert

— (a)

;

(b) at the end insert

, or (b) protecting the vital interests of persons.

(9) After paragraph (1) insert—

(1A) References in these Regulations to protecting the vital interests of persons include protecting persons— (a) who are, or may be, at risk of death or serious injury, or (b) from significant threats to public health.

3

(1) Regulation 3 (designation of passenger information unit) is amended as follows.

(2) In paragraph (2)(c)—

(a) for “PNR data or the result of processing that data” substitute “ PNR information ”;

(b) at the end insert “ , Europol or Eurojust ”.

(3) After paragraph (2)(c) insert—

(ca) where appropriate, exchanging PNR information with an EU PIU;

(4) In paragraph (2)(d)—

(a) for “PNR data and the result of processing that data” substitute “ PNR information ”;

(b) for “non-UK” substitute “ third country ”.

(5) After paragraph (2) insert—

(3) The Secretary of State may by regulations amend paragraph (1) so as to designate a different authority as the PIU. (4) The power in paragraph (3) is exercisable by statutory instrument and includes power— (a) to designate different authorities for different purposes or in relation to different areas; (b) to make supplementary, incidental, consequential, transitional, transitory or saving provision. (5) Where regulations under paragraph (3) designate more than one authority as the PIU, the provision that may be made by virtue of paragraph (4)(b) includes, in particular, provision amending these Regulations to make provision for the transfer of PNR information from one authority so designated to another. (6) A statutory instrument containing regulations under paragraph (3) is subject to annulment in pursuance of a resolution of either House of Parliament.

4

After regulation 4 insert—

(4A) (1) The Secretary of State must by direction designate a person as the designated independent authority in relation to the PIU. (2) The person for the time being designated must be a person in relation to whom the Secretary of State is satisfied that the requirements of paragraph (3) are met. (3) Those requirements are that the person— (a) does not carry out relevant PNR data processing, (b) acts independently of any person carrying out relevant PNR data processing, and (c) has sufficient expertise and knowledge and has had appropriate training to exercise the functions of the designated independent authority under these Regulations. (4) In paragraph (3), relevant PNR data processing is processing of PNR data otherwise than in exercise of the functions of the designated independent authority under these Regulations. (5) The PIU must make EU PNR data available to the designated independent authority for the purposes of the authority's functions under these Regulations. (6) The designated independent authority may process EU PNR data for the purposes of exercising the authority's functions under these Regulations.

5

(1) Regulation 5 (scope) is amended as follows.

(2) The existing text becomes paragraph (1).

(3) After that paragraph insert—

(2) This Part also applies in respect of PNR information provided to the PIU by an EU PIU or a third country competent authority.

6

(1) Regulation 6 (processing of PNR data by the PIU) is amended as follows.

(2) In paragraph (1)—

(a) for “5” substitute “ 5(1) ”;

(b) omit “personal”;

(3) In paragraph (2), at the end insert “ , subject to regulation 4A (6) ”.

(4) For paragraphs (3) and (4) substitute—

(3) The purposes are— (a) preventing, detecting, investigating and prosecuting terrorist offences or serious crime, and (b) protecting the vital interests of persons. (4) Where the PIU compares PNR data against a database, the PIU must ensure that the database is— (a) reliable and up to date, and (b) used for a purpose described in paragraph (3).

(5) In paragraph (5)—

(a) at the beginning insert “ Where the PIU processes PNR data against pre-determined criteria, ”;

(b) omit “referred to in paragraph (4)(b)”;

(6) After paragraph (5) insert—

(5A) The PIU must not take any decision which produces an adverse legal effect on a person or otherwise significantly affects a person— (a) only by reason of the automated processing of PNR data, or (b) on the basis of any of the matters described in paragraph (5)(c) in relation to that person.

(7) Omit paragraphs (6) to (8).

(8) In paragraph (9)—

(a) for “PNR data or the result of processing that data” substitute “ PNR information ”;

(b) for the words from “otherwise” to the end substitute “except where it does so on a case by case basis where it is satisfied that—

(a) it is necessary to transfer that PNR information for a purpose described in paragraph (3); and (b) the UK competent authority has arrangements in place for the protection of personal data that are equivalent to the arrangements for the protection of personal data required of the PIU under these Regulations.

7

(1) Regulation 7 (processing of PNR data by a UK competent authority) is amended as follows.

(2) In paragraph (1)(a)—

(a) for “PNR data or the result of processing that data” substitute “ PNR information ”;

(b) for the words from “the prevention” to “crime” substitute “ a purpose described in regulation 6(3) ”.

(3) In paragraph (2)—

(a) after “functions” insert

— (a)

;

(b) at the end insert

, or (b) in relation to public health.

(4) After paragraph (2) insert—

(3) Where the PIU transfers PNR information under regulation 6(9), the UK competent authority must not transfer the PNR information to another person without the consent of the PIU.

8

Before regulation 11 insert—

(10) (1) Any request made by the PIU to an EU PIU for PNR information must be— (a) made only for the purpose described in regulation 6(3)(a), (b) made in respect of a specific case, and (c) duly reasoned. (2) Any request made by the PIU to a third country competent authority for PNR information must be— (a) made only for a purpose described in regulation 6(3), (b) made in respect of a specific case, and (c) duly reasoned.

9

(1) Regulation 11 (requests for PNR data made by a UK competent authority) is amended as follows.

(2) In the heading omit “to a non-UK competent authority”.

(3) In paragraph (1)—

(a) for “PNR data” substitute “ PNR information ”;

(b) for “a non-UK competent authority” substitute “ an EU PIU or a third country competent authority ”;

(4) In paragraph (2)—

(a) for “PNR data” substitute “ PNR information ”;

(b) for “non-UK” substitute “ third country ”.

10

After regulation 11 insert—

(11A) (1) The PIU must transfer PNR information to an EU PIU in a specific case, as soon as possible, where— (a) the EU PIU has made a duly reasoned request for the PNR information, and (b) the PIU is satisfied that it is necessary to transfer that PNR information for the purpose described in regulation 6(3)(a). (2) The PIU must transfer analytical information containing PNR data to an EU PIU in a specific case, as soon as possible, where the PIU considers that it is necessary to transfer that analytical information for the purpose described in regulation 6(3)(a). (11B) (1) The PIU must transfer PNR information to Europol or Eurojust in a specific case, as soon as possible, where— (a) Europol or Eurojust has made a duly reasoned request for the PNR information, and (b) the PIU is satisfied that it is necessary to transfer that PNR information for the purpose described in regulation 6(3)(a). (2) The PIU must transfer analytical information containing PNR data to Europol or Eurojust in a specific case, as soon as possible, where the PIU considers that it is necessary to transfer that analytical information for the purpose described in regulation 6(3)(a).

11

(1) Regulation 12 (transfers of PNR data to third country competent authorities) is amended as follows.

(2) In the heading—

(a) after “PNR” insert “ data ”;

(b) for “non-UK” substitute “ third country ”.

(3) For paragraph (1) substitute—

(1) Paragraphs (1A) to (2A) apply to PNR information that is not EU PNR information. (1A) The PIU must not transfer that PNR information to a third country competent authority except where it does so on a case by case basis where paragraph (2) or (2A) applies.

(4) In paragraph (2)—

(a) for “The first condition is that” substitute “ This paragraph applies where ”;

(b) in sub-paragraph (b) for the words from “the prevention” to “crime” substitute “ a purpose described in regulation 6(3) ”;

(d) in sub-paragraph (c) for “non-UK”, in both places it occurs, substitute “ third country ”.

(5) In paragraph (2A)—

(a) for “The second condition is that” substitute “ This paragraph applies where ”;

(b) omit sub-paragraph (a);

(6) After paragraph (2A) insert—

(2B) The PIU must not transfer EU PNR information to a third country competent authority except where it does so on a case by case basis where— (a) paragraph (2C) applies and the PIU is satisfied that it is necessary to transfer the EU PNR information for a purpose described in regulation 6(3), or (b) paragraph (2D) applies. (2C) This paragraph applies where— (a) there is an agreement in force between the third country and the EU that provides for a level of protection of personal data that is equivalent to the level of protection required under the Agreement, or (b) the European Commission has decided that the third country ensures an adequate level of protection of personal data, and that decision has not been repealed or suspended, or amended in a way that demonstrates that the Commission no longer considers there to be an adequate level of protection of personal data. (2D) This paragraph applies where— (a) the PIU considers that it is necessary to transfer the EU PNR information— (i) for the prevention or investigation of an immediate and serious threat to public security, or (ii) to protect the vital interests of persons, and (b) the third country competent authority provides a written confirmation to the PIU that the EU PNR information will be subject to a level of protection that is equivalent to the level of protection under these Regulations and the data protection legislation. (2E) Where the PIU transfers EU PNR information that it received from an EU PIU to a third country competent authority under this regulation, the PIU must notify that EU PIU as soon as possible. (2F) Where, under this regulation, the PIU transfers to a third country competent authority EU PNR data that originated in a member State, and was provided by an air carrier, the PIU must notify the EU PIU for that member State as soon as possible.

(7) In paragraph (3)(a) for the words from “the purposes” to “case” substitute “ a purpose described in regulation 6(3) ”.

(8) In paragraph (4)—

(a) for “PNR data” substitute “ PNR information ”;

(b) for “non-UK” substitute “ third country ”.

12

(1) Regulation 13 (period of data retention and depersonalisation) is amended as follows.

(2) For paragraph (1) substitute—

(1) Paragraphs (1A) and (1B) apply to PNR data transferred to the PIU— (a) by air carriers pursuant to a requirement imposed under— (i) paragraph 27B(2) of Schedule 2 to the Immigration Act 1971, or (ii) section 32(2) of the Immigration, Asylum and Nationality Act 2006, or (b) by an EU PIU.

(3) After paragraph (1) insert—

(1A) In the case of EU PNR data, the PIU must permanently delete the data before the end of the period of five years beginning with the date of the transfer, subject to regulation 13B if the data is restricted EU PNR data within the meaning of that regulation. (1B) In any other case, the PIU must— (a) retain the PNR data for a period of five years beginning with the date of the transfer, and (b) permanently delete that data upon expiry of that period. (1C) Paragraphs (1A) and (1B) do not affect the power of the PIU to retain PNR data where it is used in the context of specific cases for a purpose described in regulation 6(3).

(4) In paragraph (2)—

(a) after “air carrier” insert “ or an EU PIU ”;

(b) in sub-paragraph (e) omit “and”;

(g) Other Service Information (OSI), and (h) System Service Information (SSI) and System Service Request information (SSR).

(5) In paragraph (3) for “passenger” substitute “ person ”.

(6) After paragraph (3) insert—

(3A) The PIU must ensure that unmasked PNR data is only accessible by persons specifically authorised by the PIU to access such data and must limit the number of persons authorised to the minimum number practicable.

(7) In paragraph (4)(a) for “the purpose referred to in regulation 6(3)(b)” substitute “ a purpose described in regulation 6(3) ”.

(8) 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 ”.

(9) Omit paragraphs (7) to (10).

13

After regulation 13 insert—

(13A) (1) The PIU may not use or transfer EU PNR data unless paragraph (2), (3), (4) or (5) applies. (2) This paragraph applies where the PIU processes the EU PNR data for the purposes of security and border control checks. (3) This paragraph applies if the designated independent authority has given consent for the use or transfer of the EU PNR data. (4) This paragraph applies if the PIU considers that the use or transfer of the EU PNR data is necessary in an urgent case. (5) This paragraph applies if the PIU considers that the use of the EU PNR data is necessary for the purpose of developing, or verifying the accuracy of, the pre-determined criteria referred to in regulation 6(5). (6) Where the PIU— (a) uses EU PNR data as mentioned in paragraph (3) or (4), or (b) transfers EU PNR data to an EU PIU, Europol, Eurojust or a third country competent authority, the PIU must notify the person to whom the data relates, so far as it is reasonably practicable to do so. (7) Where the PIU transfers EU PNR data to a UK competent authority, the UK competent authority must notify the person to whom the data relates, so far as it is reasonably practicable to do so. (8) A notification under paragraph (6) or (7) must— (a) be in writing, (b) be made within a reasonable period, and (c) provide information about the procedures available for seeking redress of any grievance relating to the use or transfer. (9) A notification need not be made under paragraph (6) or (7) during any period when the PIU or the UK competent authority (as the case may be) considers that notifying the person would, or would be likely to, prejudice any ongoing investigations. (10) Nothing in paragraphs (2) to (5) affects the operation of regulation 6(2).

14

Before regulation 14 insert—

(13B) (1) For the purposes of this regulation, EU PNR data is “restricted EU PNR data” if it relates to a person arriving in the United Kingdom who— (a) is not a UK national, and (b) resides outside the United Kingdom. (2) For the purposes of this regulation, restricted EU PNR data relating to a person is subject to deletion if— (a) the PIU, acting as such, knows that the person has left the United Kingdom, or (b) the period for which the person is permitted to stay in the United Kingdom has expired. (3) But restricted EU PNR data is not subject to deletion— (a) if, on the basis of a risk assessment based on objectively established criteria, the PIU considers that retention of the restricted EU PNR data is necessary for the purpose described in regulation 6(3)(a), or (b) where the restricted EU PNR data is used in the context of specific cases for a purpose described in regulation 6(3). (4) The PIU must permanently delete restricted EU PNR data that is subject to deletion as soon as possible. (5) The PIU must ensure that the operation of paragraph (3)(a) is reviewed annually by the designated independent authority. (6) In this regulation, “UK national” means— (a) a British citizen, (b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has a right of abode in the United Kingdom, or (c) a person who is a British overseas territories citizen by virtue of a connection to Gibraltar.

15

(1) Regulation 14 (protection of personal data) is amended as follows.

(2) After paragraph (1) insert—

(1A) The PIU must permanently delete any PNR data referred to in paragraph (1).

(3) In paragraph (3)(c) for “non-UK competent authorities” substitute “ EU PIUs, Europol or Eurojust ”.

16

(1) Regulation 16 (application of other data protection enactments) is amended as follows.

(2) In paragraph (2)—

(a) after “purposes of” insert

— (a)

;

(b) at the end insert

, or (b) the protection of the public against threats to public health.

PART 2 — Interim period: modifications for restricted EU PNR data that is subject to deletion

17

(1) Until the commencement of paragraph 14, the PNR regulations have effect—

(a) as if the regulation 13AA set out in sub-paragraph (2) were inserted before regulation 14, and

(b) with the modifications set out in sub-paragraphs (3) to (5).

(2) The regulation is—

(13AA) (1) For the purposes of this regulation, EU PNR data is “restricted EU PNR data” if it relates to a person arriving in the United Kingdom who— (a) is not a UK national, and (b) resides outside the United Kingdom. (2) For the purposes of this regulation, restricted EU PNR data relating to a person is subject to deletion if— (a) the PIU, acting as such, knows that the person has left the United Kingdom, or (b) the period for which the person is permitted to stay in the United Kingdom has expired. (3) But restricted EU PNR data is not subject to deletion— (a) if, on the basis of a risk assessment based on objectively established criteria, the PIU considers that retention of the restricted EU PNR data is necessary for the purpose described in regulation 6(3)(a), or (b) where the restricted EU PNR data is used in the context of specific cases for a purpose described in regulation 6(3). (4) The PIU must secure that restricted EU PNR data that is subject to deletion— (a) is accessible only by authorised persons, and (b) is accessed by them only for the purpose of determining whether it is subject to deletion. (5) Where restricted EU PNR data is subject to deletion— (a) the PIU must permanently delete it as soon as possible, using best efforts, taking into account the special circumstances referred to in Article 552(10) of the Agreement, and (b) an authorised person must record the date and time of deletion. (6) Paragraphs (7) to (9) apply where the PIU receives a request for restricted EU PNR data. (7) If the record mentioned in paragraph (9)(b)(iii) indicates that a previous request relating to that data has been refused under paragraph (9)(a), the PIU must refuse the request as a result of that record (and without further accessing the data). (8) In any other case, the PIU must refuse the request unless an authorised person has— (a) made a determination as to whether the data is subject to deletion, and (b) as a result has determined that it is not subject to deletion. (9) If the authorised person determines under paragraph (8)(a) that the restricted EU PNR data is subject to deletion, the PIU must— (a) refuse the request, and (b) record— (i) the request; (ii) the date and time that the restricted EU PNR data was accessed under paragraph (8)(a); (iii) that the request was refused on the ground that the restricted EU PNR data was subject to deletion; (iv) the date and time of the refusal. (10) In this regulation, “authorised person” means a person specifically authorised by the PIU to access restricted EU PNR data. (11) The PIU must limit the number of authorised persons to the minimum number practicable. (12) In this regulation, “UK national” means— (a) a British citizen, (b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has a right of abode in the United Kingdom, or (c) a person who is a British overseas territories citizen by virtue of a connection to Gibraltar. (13) Nothing in this regulation is to be taken to affect the generality of regulation 14.

(3) Regulation 4A has effect as if—

(a) in paragraphs (5) and (6) the references to the functions of the designated independent authority under the PNR regulations included references to that authority's functions under Article 552(12) of the Agreement, and

(b) paragraph (5) also required the PIU to make the records mentioned in regulation 13AA(5)(b) and (9)(b) available to the designated independent authority for the purposes of the authority's functions under that provision of the Agreement.

For this purpose, “the Agreement”, “designated independent authority” and “the PIU” have the same meanings as in the PNR regulations.

(4) Regulations 11A and 11B each have effect as if the following were inserted at the end—

(3) This regulation does not apply to restricted EU PNR data that is subject to deletion (within the meaning of regulation 13AA), or to the results of processing that data or analytical information containing that data.

(5) Regulation 13(1A) has effect as if the reference to regulation 13B were a reference to regulation 13AA.

PART 3 — Sea and rail travel: power to modify PNR regulations etc.

18

(1) 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)—

(a) applies the provisions of Title III of Part 3 of the Trade and Cooperation Agreement to sea or rail travel as they apply to air travel, or

(b) makes provision about sea or rail travel corresponding to those provisions of that Agreement.

(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate—

(a) to implement the new agreement, or

(b) otherwise for the purposes of dealing with matters arising out of, or related to, the new agreement.

(3) Regulations under sub-paragraph (2) may modify the PNR regulations (as they have effect for the time being).

(4) 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).

SCHEDULE 3

Introductory

1

In this Schedule “the 2003 Act” means the Crime (International Co-operation) Act 2003.

Application of the 2003 Act to member States

2

(1) The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742) are amended as follows.

(2) In regulation 87 (which amends the 2003 Act)—

(a) omit paragraphs (2) and (4) to (11);

(b) in paragraph (13)(a), omit paragraphs (ii) to (iv).

(3) In consequence of the provision made by sub-paragraph (2)—

(a) in regulation 79, omit paragraph (2);

(b) in regulation 89, omit paragraph (2)(b);

(d) omit regulation 96.

(4) In regulation 88(2), in the inserted article 3, omit the words from “for the purposes of” to the end.

(5) In regulation 90(2), in the inserted article 2, omit the words from “for the purposes of” to the end.

(6) In regulation 97—

(a) in paragraph (1)—

(i) for “regulation 87(11) (amendment of the 2003 Act)” substitute “ regulations 89, 91, 94 and 95 ”,

(ii) after “received” insert “ from a relevant country ”, and

(iii) at the end insert “ as if the relevant country continued to be a participating country within the meaning of the 2003 Act. ”;

(b) in paragraphs (2) to (4)—

(i) for “regulation 87(11)” substitute “ regulations 89, 91, 94 and 95 ”,

(ii) after “received” insert “ from a relevant country ”, and

(iii) at the end insert “ as if the relevant country continued to be a participating country within the meaning of the 2003 Act. ”;

(5) In this regulation “relevant country” means Iceland, Switzerland or Japan.

Customer information orders in relation to safe deposit boxes

3

(1) In Part 1 of the 2003 Act, Chapter 4 (information about banking transactions) is amended as follows.

(2) In section 32 (customer information: England and Wales and Northern Ireland), for subsection (6) substitute—

(6) Section 364 of the Proceeds of Crime Act 2002 (meaning of customer information) has effect for the purposes of this section as if— (a) this section were included in Chapter 2 of Part 8 of that Act, (b) subsections (2)(f) and (3)(i) of that section were omitted, and (c) the amendments of that section made in relation to Northern Ireland by Article 14 of the Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)) (which provide that “customer information” includes information in relation to safe deposit boxes) also extended to England and Wales.

(3) In section 37 (customer information: Scotland), for subsection (6) substitute—

(6) Section 398 of the Proceeds of Crime Act 2002 (meaning of customer information) has effect for the purposes of this section as if— (a) this section were included in Chapter 3 of Part 8 of that Act; (b) in subsection (1), after “accounts” there were inserted “ or any safe deposit box ”; (c) in subsection (2)— (i) in paragraph (a), after “numbers” there were inserted “ or the number of any safe deposit box ”; (ii) in paragraph (e), at the beginning there were inserted “in the case of an account or accounts,”; (iii) after that paragraph there were inserted— (ee) in the case of any safe deposit box, the date on which the box was made available to him and if the box has ceased to be available to him the date on which it so ceased; (iv) paragraph (f) were omitted; (d) in subsection (3)— (i) in paragraph (a), after “numbers” there were inserted “ or the number of any safe deposit box ”; (ii) in paragraph (h), at the beginning there were inserted “in the case of an account or accounts,”; (iii) after that paragraph there were inserted— (hh) in the case of any safe deposit box, the date on which the box was made available to it and if the box has ceased to be available to it the date on which it so ceased; (iv) paragraph (i) were omitted; (e) after subsection (5) there were inserted— (6) A “safe deposit box” includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.

(4) 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.

4

(1) 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.

(2) In paragraph (1), after “accounts” insert “ or any safe deposit box ”.

(3) In paragraph (2)—

(a) in sub-paragraph (a), after “numbers” insert “ or the number of any safe deposit box ”;

(b) in sub-paragraph (e), at the beginning insert “ in the case of an account or accounts, ”;

(ea) in the case of any safe deposit box, the date on which the box was made available to them and if the box has ceased to be available to them the date on which it so ceased,

(4) In paragraph (3)—

(a) in sub-paragraph (a), after “numbers” insert “ or the number of any safe deposit box ”;

(b) in sub-paragraph (h), at the beginning insert “ in the case of an account or accounts, ”;

(ha) in the case of any safe deposit box, the date on which the box was made available to it and if the box has ceased to be available to it the date on which it so ceased,

(5) After paragraph (4) insert—

(5) A “safe deposit box” includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.

(6) 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.

5

(1) 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.

(2) In paragraph (1), after “accounts” insert “ or any safe deposit box ”.

(3) In paragraph (2)—

(a) in sub-paragraph (a), after “numbers” insert “ or the number of any safe deposit box ”;

(b) in sub-paragraph (e), at the beginning insert “ in the case of an account or accounts, ”;

(ea) in the case of any safe deposit box, the date on which the box was made available to them and if the box has ceased to be available to them the date on which it so ceased;

(4) In paragraph (3)—

(a) in sub-paragraph (a), after “numbers” insert “ or the number of any safe deposit box ”;

(b) in sub-paragraph (h), at the beginning insert “ in the case of an account or accounts, ”;

(ha) in the case of any safe deposit box, the date on which the box was made available to it and if the box has ceased to be available to it the date on which it so ceased;

(5) After paragraph (4) insert—

(5) A “safe deposit box” includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.

(6) 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.

Miscellaneous

6

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.

7

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 ”.

SCHEDULE 4

Amendments of subordinate legislation

1

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))—

(a) in paragraph (1)(a)(i), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

2

In the General Product Safety Regulations 2005 (S.I. 2005/1803), in regulation 6 (presumption of conformity)—

(a) in paragraph (2), for the words from “voluntary” to “the product” substitute

standard (“S”) which— (a) is a voluntary national standard of the United Kingdom or a standard adopted by an international standardising body, and (b) meets the conditions in paragraph (2A), the product

;

(b) after paragraph (4) insert—

(5) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

3

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

4

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

5

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

6

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) in paragraph (3)—

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”;

(7) In this regulation— (a) “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time); (b) a “recognised standardisation body” means any one of the following— (i) the European Committee for Standardisation (CEN); (ii) the European Committee for Electrotechnical Standardisation (Cenelec); (iii) the European Telecommunications Standards Institute (ETSI); (iv) the British Standards Institution (BSI).

7

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

8

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

9

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

10

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

11

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

12

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

13

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

14

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

15

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

16

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

17

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

18

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))—

(a) in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph (3) insert—

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

Amendments of retained direct EU legislation

19

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))—

(a) in subparagraph (1)(a), after “body” insert “ or an international standardising body ”;

(b) after subparagraph (3) insert—

(3A) In this paragraph “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

20

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))—

(a) in paragraph 1(a), after “body” insert “ or adopted by an international standardising body ”;

(b) in paragraph 3, for “international standards” substitute “ , or any other, standards adopted by international standardising bodies ”;

(10) In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

21

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))—

(a) in paragraph 1(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph 3 insert—

(3A) In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

22

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))—

(a) in paragraph 1(a), after “Institution” insert “ or an international standardising body ”;

(b) after paragraph 2 insert—

(2A) Before publishing the reference number of a technical standard adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical standard is consistent with any standards adopted by international standardising bodies which the Secretary of State considers to be relevant.

;

(6) In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

23

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))—

(a) in paragraph 1(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph 3 insert—

(3A) In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

24

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))—

(a) in paragraph 1(a), after “body” insert “ or an international standardising body ”;

(b) after paragraph 3 insert—

(3A) In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

;

(i) after “with” insert “ such ”;

(ii) at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

SCHEDULE 5

PART 1 — Procedure

Criminal records

1

(1) 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.

(2) 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)).

(3) 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.

Passenger name record data

2

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.

Administrative co-operation on VAT and mutual assistance on tax debts

3

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.

Implementation power: before IP completion day

4

(1) A statutory instrument which—

(a) contains regulations under section 31 of a Minister of the Crown acting alone, and

(b) is to be made before IP completion day,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) Regulations which are to be made—

(a) under section 31 by the Scottish Ministers acting alone, and

(b) before IP completion day,

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(3) A statutory instrument which—

(a) contains regulations under section 31 of the Welsh Ministers acting alone, and

(b) is to be made before IP completion day,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(4) Regulations which are to be made—

(a) under section 31 by a Northern Ireland department acting alone, and

(b) before IP completion day,

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(5) This paragraph is subject to paragraphs 14 to 17 (urgency procedures for regulations to which this paragraph applies).

5

(1) 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.

(2) 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.

(3) 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.

(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.

(5) 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).

(6) 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).

(7) 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.

(8) 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.

Implementation power: on or after IP completion day

6

(1) A statutory instrument which—

(a) contains regulations under section 31 of a Minister of the Crown acting alone which contain provision falling within sub-paragraph (2), and

(b) is to be made on or after IP completion day,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) Provision falls within this sub-paragraph if it—

(a) amends, repeals or revokes primary legislation ..., or

(b) creates a power to legislate.

(3) Any other statutory instrument which—

(a) contains regulations under section 31 of a Minister of the Crown acting alone, and

(b) is made on or after IP completion day,

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.

(4) See paragraph 8 for certain restrictions on the choice of procedure under sub-paragraph (3).

(5) Regulations under section 31 of the Scottish Ministers acting alone which—

(a) contain provision falling within sub-paragraph (2), and

(b) are to be made on or after IP completion day,

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(6) 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).

(7) A statutory instrument which—

(a) contains regulations under section 31 of the Welsh Ministers acting alone which contain provision falling within sub-paragraph (2), and

(b) is to be made on or after IP completion day,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

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