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The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-03-28

Last updated 2020-12-31

State In force

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Made: 28th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), 69(1), 71(4), 73(5), 84(7), 86(7) and 223(3) and (8) of the Extradition Act 2003 , and by sections 8(1) and 23(1) and (2) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

A draft of these Regulations has been laid before Parliament and approved by a resolution of each House, in accordance with section 223(5) and (6) of the Extradition Act 2003 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.

PART 1 — Introductory

Citation and commencement

1

These Regulations may be cited as the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Extent

2

(1) Subject to paragraphs (2) and (3), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(2) Any amendment, repeal or revocation made by these Regulations has the same extent within the United Kingdom as the provision to which it relates, except that—

(a) regulation 107(5) (amendment of the Proceeds of Crime Act 2002 ) extends to England and Wales and Scotland only;

(b) regulation 107(8) extends to England and Wales only, and

(3) Any saving or transitional provision in these Regulations has the same extent within the United Kingdom as the provision to which it relates, except that regulation 72 (saving provision – investigation teams operating in the UK after commencement day) extends to England and Wales, Scotland and Northern Ireland.

General interpretation

3

In these Regulations—

“the 1990 Schengen Convention” means the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders ;

“the CJDP Regulations” means the Criminal Justice and Data Protection (Protocol No 36) Regulations 2014 ;

“commencement day” means the date and time on which these Regulations come into force;

“the Withdrawal Act” means the European Union (Withdrawal) Act 2018.

PART 2 — Child Pornography

Amendment of Council Decision 2000/375/JHA

4

(1) Council Decision 2000/375/JHA of 29 May 2000 to combat child pornography on the internet is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) for “Within the framework of Decision No 276/1999/EC of the European Parliament and of the Council and in” substitute “ In ”;

(ii) for “Member States” substitute “ the Secretary of State ”;

(b) in paragraph 2 omit “, and taking account of the administrative structure of each Member State,”;

(3) Omit Article 2.

(4) In Article 3—

(a) in the paragraph before sub-paragraph (a)—

(i) for “Member States” in the first place where it occurs substitute “ The Secretary of State ”;

(ii) omit the second sentence;

(iii) for “they” in the last sentence substitute “ the Secretary of State ”;

(b) in sub-paragraph (c), omit “in accordance with the Council resolution of 17 January 1995 on the lawful interception of telecommunications”.

(5) In Article 4, for “Member States” substitute “ The Secretary of State ”.

(6) Omit Articles 5 to 8.

PART 3 — Counter-Terrorism

Amendment of the Terrorism Act 2000

5

(1) The Terrorism Act 2000 is amended as follows.

(2) In section 21E (disclosures within an undertaking or group etc), in subsections (2)(b) and (4)(b), for “an EEA State” substitute “ the United Kingdom or an EEA state ”.

(3) In section 21F(2)(c) (other permitted disclosures between institutions etc), for “an EEA State” substitute “ the United Kingdom or an EEA state ”.

(4) In section 123(2)(i) (orders and regulations), for “paragraphs 11A, 25A, 41A and” substitute “ paragraph ”.

(5) In Schedule 3A (regulated sector and supervisory authorities), in paragraph 1 (business in the regulated sector)—

(a) for sub-paragraph (1)(c), substitute—

(c) the carrying on of activities by an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, where those activities consist of carrying out or effecting contracts of long-term insurance;

(b) in sub-paragraph (1)(d), for “(other than a person falling within Article 2 of the Markets in Financial Instruments Directive)” substitute “ (other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)) ”;

(d) in sub-paragraph (2)(b), for “an EEA state” substitute “ the United Kingdom ”;

(e) after sub-paragraph (2) insert—

(2A) For the purposes of sub-paragraph (1)(c), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).

(f) for sub-paragraph (5) substitute—

(5) For the purposes of sub-paragraph (4)(d) “regulated market” has the meaning given by regulation 3(1) (general interpretation) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).

(g) omit sub-paragraph (6).

(6) In Schedule 4 (forfeiture orders)—

(a) omit paragraphs 11A to 11G, 25A to 25G and 41A to 41G (domestic and overseas freezing orders);

(b) in paragraph 14(2) (enforcement of orders made in designated countries), omit “(other than an overseas freezing order within the meaning of paragraph 11D)”;

(c) in paragraph 28(2) (enforcement of orders made in designated countries), omit “(other than an overseas freezing order within the meaning of paragraph 25D)”;

(d) in paragraph 44(2) (enforcement of orders made in designated countries), omit “(other than an overseas freezing order within the meaning of paragraph 41D)”;

(e) in paragraph 45 (general), in the definition of “restraint order”, in paragraph (c) omit “or an order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G”.

(7) In Schedule 6 (financial information), in paragraph 6 (financial institution)—

(a) in sub-paragraph (1), for sub-paragraphs (ha) and (i) substitute—

(ha) an electronic money institution within the meaning of the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2(1)), and (i) an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, when carrying out or effecting any contract of long-term insurance.

(b) after sub-paragraph (1A) insert—

(1AA) For the purposes of sub-paragraph (1)(i), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).

(8) In Schedule 8A (offence under section 58A: supplementary provisions)—

(a) in paragraph 1 (introduction), omit sub-paragraph (2);

(b) omit paragraph 2 (domestic service providers: extension of liability);

(d) in paragraph 7 (interpretation)—

(i) in sub-paragraph (1), insert in the relevant place—

“the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market ;

(ii) in sub-paragraph (2)—

(aa) in the words before paragraph (a), for “the United Kingdom, or in some other EEA state,” substitute “ an EEA state ”;

(bb) in paragraph (a), for “the United Kingdom, or in a particular EEA state,” substitute “ a particular EEA state ”;

(cc) in sub-paragraph (i) of paragraph (a), for “the United Kingdom, or that EEA state,” substitute “ that EEA state ”.

Transitional provision in relation to amendment of Schedule 4 to the Terrorism Act 2000

6

Regulation 5(4) and (6) does not apply in relation to a case where, before commencement day, any of the following has occurred (and see Articles 6 and 62(1)(c) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act and, in relation to the continued application of Framework Decision 2003/577/JHA in respect of certificates received by the United Kingdom before 19 December 2020, see Article 40(2) of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders)—

(a) the High Court has made a certificate under paragraph 11B(2) or 41B(2) of Schedule 4 to the Terrorism Act 2000 (domestic freezing orders: certification);

(b) the Secretary of State has received an overseas freezing order under paragraph 11D, 25D or 41D of that Schedule (overseas freezing orders), or

(c) the Court of Session has made a certificate under paragraph 25B(2) of that Schedule (domestic freezing orders: certification).

Amendment of the Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007

7

(1) The Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007 are amended as follows.

(2) Omit regulation 3 (internal market: UK service providers).

(3) In regulation 4 (internal market: non-UK service providers)—

(a) in paragraph (5), omit “and” at the end of paragraph (a) and omit paragraph (b);

(b) in paragraph (6), omit “and” at the end of paragraph (a) and omit paragraph (b);

(i) omit paragraph (a);

(ii) in paragraph (b) omit “other than the United Kingdom”.

PART 4 — Cross-border Surveillance

Revocation of Council Decisions relating to cross-border surveillance

8

(1) The following Council Decisions are revoked but only so far as they relate to Articles 40, 42 and 43 of the 1990 Schengen Convention—

(a) Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis;

(b) Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders;

(c) Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland.

(2) Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders is revoked.

(3) See Article 63(1)(a) and Title VII of Part 3 of the withdrawal agreement, Article 52(a) and Title IV of Part 3 the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

Consequential amendment of the Regulation of Investigatory Powers Act 2000

9

In section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations)—

(a) in each of subsections (3) and (10)—

(i) omit paragraph (a) and the “or” at the end of that paragraph;

(ii) in paragraph (b), omit “other”;

(b) in subsection (11), omit the definition of “the Schengen Convention”.

Transitional provision – surveillance which is not completed before commencement day

10

(1) Regulation 9 (consequential amendment of the Regulation of Investigatory Powers Act 2000) does not apply to relevant surveillance by a relevant foreign police or customs officer which began but which was not completed before commencement day (and see Article 63(1)(a) of the withdrawal agreement, Article 52(a) of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act).

(2) In this Regulation—

“relevant foreign police or customs officer” means a police or customs officer who, in relation to a country or territory other than the United Kingdom, is an officer for the purposes of Article 40 of the 1990 Schengen Convention (police co-operation);

“relevant surveillance” means surveillance which is carried out lawfully in the United Kingdom by virtue of section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations).

PART 5 — Drug Precursors and Psychoactive Substances

CHAPTER 1 — Drug precursors

Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008

11

(1) The Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 are amended as follows.

(2) In regulation 3 (competent authorities)—

(a) in paragraph (2) for “, 9(3) and 13” substitute “ and 9(3) ”;

(b) in paragraph (4) for “, 9(1) and 10” substitute “ and 9(1) ”.

Amendment of the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008

12

(1) The Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 are amended as follows.

(2) In regulation 2 (interpretation), omit the definition of “customs territory of the Community” and the word “and” immediately before it.

(3) In regulation 3(2) (competent authorities)—

(a) after “17” omit “(except references to competent authorities of a third country)”;

(b) for “26(5) and 32” substitute “ and 26(5) ”;

(4) In regulation 6(2) (requirements, offences and penalties: exports), omit “either” and “or other competent authorities at the point of exit from the customs territory of the European Union”.

(5) In paragraph (1) and paragraph (2) of regulation 7 (requirements, offences and penalties: imports) , for “customs territory of the European Union” substitute “ United Kingdom ”.

Amendment of Regulation (EC) 273/2004 of the European Parliament and Council

13

(1) Council Regulation (EC) 273/2004 on drug precursors is amended as follows.

(2) In Article 1 (scope and objectives) for “for the intra-Union” substitute “ in the United Kingdom for the ”.

(3) In Article 2 (definitions)—

(a) in point (a), in the definition of “scheduled substance”, for all the words after “economically viable means” to the end of the definition substitute “ medicinal products as defined in regulation 2 (medicinal products) of the Human Medicines Regulations 2012 and veterinary medicinal products as defined in regulation 2 of the Veterinary Medicines Regulations 2013 . ”;

(b) in point (c), for “Union” in both places substitute “ United Kingdom ”.

(4) In Article 3 (requirements for the placing on the market of scheduled substances)—

(a) in paragraph 2, omit “of the Member State in which they are established”;

(b) in paragraph 6, omit “of the Member State in which they are established” in both places;

(d) in paragraph 8—

(i) for “The Commission shall be empowered to adopt delegated acts in accordance with Article 15a concerning” substitute “ The Secretary of State may prescribe by regulations ”;

(ii) omit sub-paragraph (c).

(5) In Article 4 (customer declaration)—

(a) in paragraph 1, for “Union” substitute “ United Kingdom ”;

(b) in paragraph 3, for “Union” substitute “ United Kingdom ”;

(4) The Secretary of State may prescribe by regulations requirements and conditions for obtaining and using customer declarations.

(6) In Article 5 (documentation), for paragraph 7 substitute—

(7) The Secretary of State may prescribe by regulations requirements and conditions for the documentation of mixtures containing scheduled substances.

(7) For the second unnumbered paragraph of Article 7 (labelling), substitute—

The Secretary of State may prescribe by regulations requirements and conditions for the labelling of mixtures containing scheduled substances.

(8) In Article 8 (notification of the competent authorities), for paragraph 3 substitute—

(3) The Secretary of State may prescribe by regulations the requirements and conditions for operators to provide information as referred to in paragraph 2 of this Article including, where relevant, the categories of personal data to be processed for that purpose and the safeguards for processing such personal data.

(9) In Article 9 (guidelines), in paragraph 1 for “The Commission shall” substitute “ The Secretary of State must ”.

(10) Omit Articles 10 (powers and obligations of competent authorities), 11 (cooperation between the Member States and the Commission) and 12 (penalties).

(11) For Article 13 (communications from Member States) substitute—

(1) To permit the necessary adjustments to the arrangements for monitoring trade in scheduled substances and non-scheduled substances, the Secretary of State must draw up a report annually summarising all relevant information on the implementation of the monitoring measures laid down in this Regulation, in particular as regards the substances used for the illicit manufacture of narcotic drugs or psychotropic substances and methods of diversion and illicit manufacture, and their licit trade. (2) The report mentioned in paragraph 1 must be submitted by the Secretary of State to the International Narcotics Control Board in accordance with article 12(12) of the United Nationals Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988.

(12) Omit Article 13a (European database on drug precursors).

(13) In Article 13b (data protection)—

(a) omit paragraph 1;

(b) in paragraph 2, for “Without prejudice to Article 13 of Directive 95/46/EC” substitute “ Without prejudice to the Data Protection Act 2018 ”;

(14) Omit Articles 14 (implementing acts) and 14a (committee procedure).

(15) In Article 15 (adaptation of annexes), for “The Commission shall be empowered to adopt delegated acts in accordance with Article 15a in order to adapt” substitute “ The Secretary of State may make regulations to amend ”.

(16) For Article 15a (exercise of the delegation) substitute—

(1) A power of the Secretary of State to make regulations under this Regulation is to be exercised by 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. (2) Regulations may make different provision for different purposes and may include such incidental, supplemental, consequential, transitional, transitory or saving provision as the Secretary of State considers appropriate.

(17) Omit Article 16 (information about measures adopted by Member States).

(18) In Article 18 (entry into force), omit the second unnumbered paragraph.

Amendment of Council Regulation (EC) 111/2005

14

(1) Council Regulation (EC) 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Union and third countries in drug precursors is amended as follows.

(2) In Article 1 for “Union” in both places substitute “ United Kingdom ”.

(3) In Article 2—

(a) in point (a) in the definition of “scheduled substance”, for all the words after “economically viable means,” substitute “ medicinal products as defined in regulation 2 (medicinal products) of the Human Medicines Regulations and veterinary medicinal products as defined in regulation 2 of the Veterinary Medicines Regulations 2013 ; ”;

(b) for point (c) substitute—

(c) ‘import’ means any entry of scheduled substances having the status of non-domestic goods into the United Kingdom;

(d) ‘export’ means any departure of scheduled substances from the United Kingdom;

(d) in point (e)—

(i) for “Union” substitute “ United Kingdom ”;

(ii) for “customs territory of the Union” substitute “ United Kingdom ”;

(e) after point (k) insert—

(l) “special Customs procedures” means special Customs procedures within the meaning of section 3 of, and Schedule 2 to, the Taxation (Cross-border Trade) Act 2018 and “a special Customs procedure” is to be construed accordingly.

(4) In Article 6—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”;

(ii) omit “of the Member State in which the operator is established”;

(iii) in the second unnumbered sub-paragraph for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b” substitute “ The Secretary of State may make regulations ”;

(b) for paragraph 3 substitute—

(3) The Secretary of State must prescribe by regulations a model for licences.

(5) In Article 7—

(a) in paragraph 1—

(i) for “Union” substitute “ United Kingdom ”;

(ii) omit “in the Member State in which the operator is established”;

(b) in the second unnumbered paragraph, for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b” substitute “ The Secretary of State may make regulations ”.

(6) In Article 8—

(a) in paragraph 1—

(i) for “customs territory of the Union” substitute “ United Kingdom ”;

(ii) omit “of control type I or a free warehouse”;

(b) in paragraph 2—

(i) for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b” substitute “ The Secretary of State may make regulations ”;

(ii) for “customs territory of the Union” substitute “ United Kingdom ”.

(7) In Article 9—

(a) in paragraph 1, for “Union” substitute “ United Kingdom ”;

(b) in paragraph 2—

(i) in the first unnumbered sub-paragraph for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b to determine” substitute “ The Secretary of State may set out ”;

(ii) omit the second unnumbered paragraph.

(8) In Article 10—

(a) for paragraph 1 substitute—

(1) In order to facilitate cooperation between the competent authorities, operators established in the United Kingdom and the chemical industry, in particular as regards non-scheduled substances, the Secretary of State must draw up and update guidelines.

(b) in paragraph 4 for “the competent authorities of the Member State and the Commission may propose to” substitute “ the Secretary of State may ”;

(i) for “Commission may” substitute “ Secretary of State may by regulations ”;

(ii) omit “by means of delegated acts in accordance with Article 30b”.

(9) In Article 11—

(a) in paragraph 1—

(i) omit “in the Union”;

(ii) for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b of this Regulation to” substitute “ The Secretary of State may make regulations ”;

(b) in the unnumbered sub-paragraph below omit “of the Member State of export”;

(i) omit “of the Member State concerned”;

(ii) for “authority” in the first place where it occurs in the unnumbered sub-paragraph substitute “ Secretary of State ”;

(d) in paragraph 3, for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b” substitute “ The Secretary of State may make regulations ”.

(10) In Article 12—

(a) in paragraph 1—

(i) for “customs territory of the Union” substitute “ United Kingdom ”;

(ii) for “in a free zone of control type I or free warehouse” substitute “ under a special customs procedure ”;

(b) in the unnumbered sub-paragraph below, for “suspensive procedure or under a free zone of control type II,” substitute “ special customs procedure ”;

(11) In Article 13, in paragraph 1(d) for “customs territory of the Union” substitute “ United Kingdom ”.

(12) In Article 14, in paragraph 1—

(a) for “customs territory of the Union” substitute “ United Kingdom ”;

(b) after that paragraph omit the unnumbered paragraph;

(c) in paragraph 2 and in the unnumbered paragraph after it, for “customs territory of the Union” substitute “ United Kingdom ”.

(13) For Article 17 substitute—

Whenever, under an agreement between the United Kingdom and a third country, exports are not to be authorised unless an import authorisation has been issued by the competent authorities of that third country for the substances in question, the competent authorities in the United Kingdom shall satisfy themselves as to the authenticity of such import authorisation, if necessary by requesting confirmation from the competent authority of the third country.

(14) In Article 18, for “customs territory of the Union” substitute “ United Kingdom ”.

(15) In Article 19, for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b to” substitute “ The Secretary of State may ”.

(16) In Article 20—

(a) in the first unnumbered paragraph—

(i) for “Union” substitute “ United Kingdom ”;

(ii) omit “of the Member State where the importer is established”;

(b) in the second unnumbered paragraph—

(i) before “stored in a free zone” insert “ or ”;

(ii) omit “of control type I or a free warehouse, or placed under the external Union transit procedure”.

(17) In Article 22—

(a) in the first unnumbered paragraph for “customs territory of the Union” substitute “ United Kingdom ”;

(b) omit the last paragraph.

(18) In Article 25, for “customs territory of the Union” substitute “ United Kingdom ”.

(19) In Article 26—

(a) in paragraph 1—

(i) omit “of each Member State”;

(ii) for “customs territory of the Union” substitute “ United Kingdom ”;

(b) omit paragraph 3;

(i) omit “of each Member State”;

(ii) for “customs territory of the Union” substitute “ United Kingdom ”;

(iii) omit the first unnumbered sub-paragraph;

(d) omit paragraph 3b;

(e) omit paragraph 4.

(20) Omit Chapter IV.

(21) In Article 28—

(a) for “Commission shall be empowered to lay down, where necessary, by means of implementing acts, measures” substitute “ Secretary of State may by regulations make provision ”;

(b) for “Union” substitute “ United Kingdom ”;

(22) Omit Article 30.

(23) In Article 30a, for “The Commission shall be empowered to adopt delegated acts in accordance with Article 30b of this Regulation in order to adapt” substitute “ The Secretary of State may by regulations make provision to amend ”.

(24) For Article 30b substitute—

A power of the Secretary of State to make regulations under this Regulation is to be exercisable by 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 may make different provision for different purposes and may include such incidental, supplemental, consequential, transitional, transitory or saving provision as the Secretary of State considers appropriate.

(25) Omit Article 31.

(26) For Article 32 substitute—

The Secretary of State must draw up a report annually summarising all relevant information on the implementation of the monitoring measures laid down in this Regulation, in particular as regards the substances used for the illicit manufacture of narcotic drugs or psychotropic substances and methods of diversion and illicit manufacture, and their licit trade. The report must be submitted by the Secretary of State to the International Narcotics Control Board in accordance with Article 12(12) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988.

(27) Omit Article 32a.

(28) In Article 33—

(a) in paragraph 1, omit “in the Member States”;

(b) omit paragraph 2;

(29) In Article 35, omit the third unnumbered paragraph.

Amendment of Commission Delegated Regulation (EU) 2015/1011

15

(1) Commission Delegated Regulation (EU) 2015/1011 of 24 April 2015 supplementing Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and Council Regulation (EC) 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors, and repealing Commission Regulation (EC) 1277/2005 is amended as follows.

(2) In Article 2 (definitions), after the definition of “business premises”, add as an unnumbered paragraph—

“Special Customs procedures” means special Customs procedures within the meaning of section 3 of, and Schedule 2 to, the Taxation (Cross-border Trade) Act 2018 and “a special Customs procedure” is to be construed accordingly.

(3) In Article 3 (conditions for granting licences), in paragraph 7 for “Union” substitute “ United Kingdom ”.

(4) In Article 9 (information required to monitor trade), in paragraph 2, in sub-paragraph (b), for “a free zone of control type II, placed into a suspensive procedure,” substitute “ a special customs procedure ”.

(5) In Article 10 (conditions for determining the lists of the countries of destination for exports of scheduled substances of Categories 2 and 3)—

(a) in paragraph (a) for “Union” substitute “ United Kingdom ”;

(b) in the last sentence for “Commission” substitute “ Home Office ”.

(6) In Article 12 (criteria for determining simplified procedures for export authorisations), in paragraph 1, for “Union” substitute “ United Kingdom ”.

(7) Omit Article 13 (conditions and requirements concerning the information to be provided on the implementation of the monitoring measures).

(8) After Article 15 (entry into force and application) omit the unnumbered paragraph.

(9) In Annex II (form for declaration on the entry of scheduled substances)—

(a) in the form—

(i) omit the European Union flag;

(ii) in the heading, for “European Union” substitute “ United Kingdom ”;

(iii) in the text below the heading, for “customs territory of the Union” substitute “ United Kingdom ”;

(b) in the notes to the form, in the paragraphs under the heading “Personal data protection”—

(i) omit the first unnumbered paragraph;

(ii) omit the second unnumbered paragraph;

(iii) in the third unnumbered paragraph, for “Union” in both places substitute “ United Kingdom ”;

(iv) in the fourth unnumbered paragraph omit “national” and the second sentence and the hyperlink immediately after it;

(v) in the fifth unnumbered paragraph for “Union” in both places substitute “ United Kingdom ” and for “the Commission and the competent authorities of the Member States” substitute “ competent authorities ”;

(vi) in the sixth unnumbered paragraph for “or the national laws implementing Directive 95/46/E” substitute “ or the Data Protection Act 2018 ”;

(vii) omit from the tenth unnumbered paragraph to the end of the notes.

(10) In Annex III (form for multilateral chemical reporting notification)—

(a) in the form, omit the flag of the European Union;

(b) in the notes to the form, in the paragraphs under the heading “Personal data protection”—

(i) omit the first unnumbered paragraph;

(ii) omit the second unnumbered paragraph;

(iii) in the third unnumbered paragraph for “Union” in both places substitute “ United Kingdom ”;

(iv) in the fourth unnumbered paragraph omit “authority” and the second sentence and hyperlink immediately after it;

(v) in the fifth unnumbered paragraph for “Union” in both places substitute “ United Kingdom ” and for “the Commission and the competent authorities of the Member States” substitute “ competent authorities ”;

(vi) in the sixth unnumbered paragraph for “or the national laws implementing Directive 95/46/E” substitute “ or the Data Protection Act 2018 ”;

(vii) omit from the tenth unnumbered paragraph to the end of the notes.

Amendment of Commission Implementing Regulation (EU) 2015/1013

16

(1) Commission Implementing Regulation (EU) 2015/1013 of 25 June 2015 laying down rules in respect of Regulation (EC) No 273/2004 of the European Parliament and of the Council on drug precursors and of Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors is amended as follows.

(2) In Article 3 (licence granting procedure), in paragraph 2, for “Authorised Economic Operator” to the end of that paragraph substitute “ Authorised Economic Operator for customs simplification (AEOC), to the extent they are relevant for the examination of the conditions for granting a licence. ”.

(3) In the unnumbered paragraph after paragraph 2, for “AEO” substitute “ AEOC ”.

(4) In Article 10 (information required to monitor trade), in paragraph 1 and 2 for “as prescribed by the Member State concerned” substitute “ as specified by the Secretary of State ”.

(5) In Article 11 (export and import authorisations)—

(a) in paragraph 2, for “customs territory of the Union” substitute “ United Kingdom ”;

(b) in paragraph 3, for “customs territory of the Union” substitute “ United Kingdom ”;

(i) omit the first sentence;

(ii) in the next sentence, for “it” in the first place where it occurs substitute “ an authorisation ”;

(d) in paragraph 6—

(i) for “A Member State” substitute “ The Secretary of State ”;

(ii) omit “itself”;

(iii) for “it” substitute “ the Secretary of State ”;

(e) omit paragraph 7;

(f) in paragraph 9, omit the second sentence.

(6) Omit Article 12 (listing of operators and users in the European database on drug precursors).

(7) In the text following Article 13 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(8) In Annex I (form for licence)—

(a) in the form—

(i) omit the European Union flag;

(ii) in the heading to the form, for “European Union” substitute “ United Kingdom ”;

(b) in the notes to the form—

(i) omit paragraph 4;

(ii) in the paragraphs under the heading “Personal data protection”—

(aa) omit the first unnumbered paragraph;

(bb) omit the second unnumbered paragraph;

(cc) in the third unnumbered paragraph for “Union” in both places substitute “ United Kingdom ”;

(dd) in the fourth unnumbered paragraph omit “national” and the second sentence and the hyperlink immediately after it;

(ee) in the fifth unnumbered paragraph for “Union” in both places substitute “ United Kingdom ” and for “the Commission and the competent authorities of the Member States” substitute “ competent authorities ”;

(ff) in the sixth unnumbered paragraph for “or the national laws implementing Directive 95/46/E” substitute “ or the Data Protection Act 2018 ”;

(gg) in the tenth unnumbered paragraph omit the second sentence and the hyperlink immediately after it;

(hh) omit the eleventh unnumbered paragraph.

(9) In Annex II (registration form)—

(a) in the form—

(i) omit the European Union flag;

(ii) omit the heading “European Union”;

(b) in the notes to the form—

(i) omit paragraph 4;

(ii) in the paragraphs under the heading “Persona data protection”—

(aa) omit the first unnumbered paragraph;

(bb) omit the second unnumbered paragraph;

(cc) in the third unnumbered paragraph, for “Union” in both places substitute “ United Kingdom ”;

(dd) in the fourth unnumbered paragraph, omit “national” and the second sentence and the hyperlink immediately after it;

(ee) in the fifth unnumbered paragraph, for “Union” in both places substitute “ United Kingdom ” and for “the Commission and the competent authorities of the Member States” substitute “ competent authorities ”;

(ff) in the sixth unnumbered paragraph, for “or the national laws implementing Directive 95/46/E” substitute “ or the Data Protection Act 2018 ”;

(gg) in the tenth unnumbered paragraph, omit the second sentence;

(hh) omit the eleventh unnumbered paragraph.

(10) In Annex III (forms for grant of export authorisation)—

(a) in each of the forms—

(i) in the heading, for “EUROPEAN UNION” substitute “ UNITED KINGDOM ”;

(ii) in box 22—

(aa) for “EU” substitute “ UK ”;

(bb) for “customs territory of the Union” substitute “ United Kingdom ”;

(b) in the notes to the forms—

(i) omit paragraph 1;

(ii) in paragraph 2, for “customs territory of the Union” substitute “ United Kingdom ”;

(iii) in paragraph 7, omit “Member State,”;

(iv) in paragraph 14, in the second sub-paragraph, omit “, according to the modalities provided for by the Member State concerned,” and “in the Member States”;

(v) in the paragraphs under the heading “Personal data protection”—

(aa) omit the first unnumbered paragraph;

(bb) omit the second unnumbered paragraph;

(cc) in the third unnumbered paragraph, for “Union” in both places substitute “ United Kingdom ”;

(dd) in the fourth unnumbered paragraph, omit “national” and the second sentence and the hyperlink immediately after it;

(ee) in the fifth unnumbered paragraph, for “Union” in both places substitute “ United Kingdom ” and for “the Commission and the competent authorities of the Member States” substitute “ competent authorities ”;

(ff) in the sixth unnumbered paragraph, for “or the national laws implementing Directive 95/46/E” substitute “ or the Data Protection Act 2018 ”;

(gg) in the tenth unnumbered paragraph, omit the second sentence;

(hh) omit the eleventh unnumbered paragraph.

(11) In Annex IV (forms for grant of import authorisation)—

(a) in each of the forms—

(i) for the heading “EUROPEAN UNION” substitute “ UNITED KINGDOM ”;

(ii) in box 9, for “customs territory of the Union” substitute “ United Kingdom ”;

(b) in the notes to the forms—

(i) omit paragraph 1;

(ii) in paragraph 2, for “customs territory of the Union” substitute “ United Kingdom ”;

(iii) in paragraph 7, omit “the Member State and”;

(iv) in the second subparagraph under paragraph 12, omit “, according to the modalities provided for by the Member State concerned,” and “in the Member States”;

(v) in the paragraphs under the heading “Personal data protection”—

(aa) omit the first unnumbered paragraph;

(bb) omit the second unnumbered paragraph;

(cc) in the third unnumbered paragraph, for “Union” in both places substitute “ United Kingdom ”;

(dd) in the fourth unnumbered paragraph, omit “national” and the second sentence and the hyperlink immediately after it;

(ee) in the fifth unnumbered paragraph, for “Union” in both places substitute “ United Kingdom ” and for “the Commission and the competent authorities of the Member States” substitute “ competent authorities ”;

(ff) in the sixth unnumbered paragraph, for “or the national laws implementing Directive 95/46/E” substitute “ or the Data Protection Act 2018 ”;

(gg) in the tenth unnumbered paragraph, omit the second sentence;

(hh) omit the eleventh unnumbered paragraph.

CHAPTER 2 — Psychoactive substances

Amendment of the Psychoactive Substances Act 2016

17

(1) The Psychoactive Substances Act 2016 is amended as follows.

(2) In Schedule 1 (exempted substances), in paragraph 7 (food)—

(a) before the definition of “food” insert—

“enactment” includes— (a) an enactment contained in subordinate legislation; (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament; (c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales; (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;

(b) in paragraph (b) of the definition of “prohibited ingredient”, for “by an EU instrument” substitute “ by an enactment ”.

(3) In Schedule 4 (providers of information society services)—

(a) omit paragraph 1 (domestic service providers: extension of liability);

(b) in paragraph 2(3) (non-UK service providers: restriction on institution of proceedings), in the definition of “non-UK service provider” omit “other than the United Kingdom”;

(d) in paragraph 7 (non-UK service providers: restriction on including terms in prohibition notice or order)—

(i) in sub-paragraph (5), omit paragraph (b) and the “and” immediately preceding that paragraph;

(ii) omit sub-paragraph (6);

(iii) in sub-paragraph (7)—

(aa) omit “or notification”;

(bb) for “referred to in sub-paragraph (6)(b)” substitute “ for the order or variation ”;

(iv) in sub-paragraph (8), in the definition of “non-UK service provider” omit “other than the United Kingdom”;

(e) in paragraph 8(1) (protections for service providers of intermediary services), at the end insert “ , reading those Articles as if the requirements imposed on a Member State were imposed on the person giving the notice or the court making the order. ”;

(f) in paragraph 8(2), for “covered by” substitute “ falling within the descriptions contained in ”;

(g) in paragraph 11(1) (establishment of a service provider)—

(i) in the words before paragraph (a), for “in a particular part of the United Kingdom, or in a particular EEA state,” substitute “ in a particular EEA state ”;

(ii) in paragraph (a), for “that part of the United Kingdom, or that EEA state,” substitute “ that EEA state ”.

Revocation of Regulation (EC) No 1920/2006

18

Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast) is revoked.

Revocation of Regulation (EU) 2017/2101

19

Regulation (EU) 2017/2101 of the European Parliament and of the Council of 15 November 2017 amending Regulation (EC) No 1920/2006 as regards information exchange on, and an early warning system and risk assessment procedure for, new psychoactive substances is revoked.

PART 6 — Eurojust

Interpretation

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of Eurojust Council Decision

21

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 is revoked (but see Article 62(3) of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act.

Saving provisions – information received before commencement day

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 — European Agency for Law Enforcement Training (CEPOL)

Revocation of The European Police College (Immunities and Privileges) Order 2004

23

The European Police College (Immunities and Privileges) Order 2004 is revoked.

Revocation of Council Decision 2005/681/JHA

24

Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA is revoked.

PART 8 — European Criminal Record Information System (ECRIS)

CHAPTER 1 — Amendment of legislation extending to England and Wales, Scotland and Northern Ireland

Interpretation

25

In this Chapter—

“the Framework Decision” means Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States;

“UK Central Authority” means the authority designated as the “central authority” for the United Kingdom in regulation 63 of the CJPD Regulations as in force immediately before commencement day.

Revocation of Part 6 of the CJDP Regulations

26

Subject to regulations 27 (saving provisions - information transmitted to the UK Central Authority before commencement day) and 28 (transitional provisions - requests made before commencement day for information from the UK Central Authority), Part 6 of the CJDP Regulations (exchange of information relating to criminal convictions) is revoked.

Saving provisions – information transmitted to the UK Central Authority before commencement day or under Article 62(1)(h) of the withdrawal agreement

27

(1) This regulation applies in relation to information transmitted to the UK Central Authority before commencement day or under Article 62(1)(h) of the withdrawal agreement in accordance with Article 4(2), (3) or (4) of the Framework Decision (obligations of the convicting Member State) or Article 7(1), (2) or (4) of the Framework Decision (reply to a request for information on convictions).

(2) The following provisions of the CJDP Regulations continue to have effect in relation to information to which this regulation applies, subject to the modifications set out in paragraph (3)—

(a) regulation 62 (interpretation);

(b) regulation 63 (designation as a “central authority”);

(ba) regulation 65 (obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision).

(d) regulation 72 (conditions for the use of personal data).

(3) The modifications are that—

(a) the definition of “central authority” in regulation 62 is to be read as if, after “Framework Decision”, there were inserted “ or, for the United Kingdom, the authority designated under regulation 63 ”;

(b) the heading of regulation 68 is to be read as if the words “under Article 6 of the Framework Decision” were omitted.

(4) The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a Member State.

Transitional provisions – requests made before commencement day for information from the UK Central Authority

28

(1) This regulation applies where—

(a) a request referred to in regulation 67(1) or (2) (replies to a request for information under Article 6 of the Framework Decision in relation to criminal proceedings and proceedings other than criminal proceedings) or regulation 69 (replies to a request for information under Article 6 of the Framework Decision to a central authority of a member State other than the member State of the person's nationality) of the CJPD Regulations was made to the UK Central Authority before commencement day, and

(b) the requested information was not transmitted before commencement day.

(2) The following provisions of the CJPD Regulations continue to have effect in relation to that request, so far as relevant, subject to the modification set out in paragraph (3)—

(a) regulation 62 (interpretation);

(b) regulation 63 (designation as a “central authority”);

(ba) regulation 65 (obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision);

(d) regulation 69.

(e) regulation 70 (form of reply to a request for information under Article 6 of the Framework Decision);

(f) regulation 71(1), (2) and (4) (deadlines for replies to a request for information under Article 6 of the Framework Decision).

(3) The modification is that the definition of “central authority” in regulation 62 is to be read as if, after “Framework Decision”, there were inserted “ or, for the United Kingdom, the authority designated under regulation 63 ”.

(4) The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a member State.

(5) See Article 62(1)(h) and (j) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act.

Revocation of Council Decision 2009/316/JHA

29

Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA is revoked.

CHAPTER 2 — Amendment of legislation extending to England and Wales and Northern Ireland only

Interpretation

30

In this Chapter, “the 2013 Regulations” means the Working with Children (Exchange of Criminal Conviction Information) (England and Wales and Northern Ireland) Regulations 2013 .

Revocation of the Working with Children (Exchange of Criminal Conviction Information) (England and Wales and Northern Ireland) Regulations 2013

31

Subject to regulation 32 (transitional provision – requests made before commencement day), the 2013 Regulations 2013 are revoked.

Transitional provision – requests made before commencement day

32

(1) This regulation applies where —

(a) a request referred to in regulation 3(1) of the 2013 Regulations (exchange of conviction and disqualification information) was made before commencement day, and

(b) the requested information was not transmitted before commencement day.

(2) The 2013 Regulations continue to have effect in relation to the request, subject to the modification set out in paragraph (3).

(3) The modification is that regulation 3(1) of the 2013 Regulations is to be read as if the words “in accordance with the procedures set out in the Framework Decision” were omitted.

PART 9 — European Judicial Network

Revocation of Council Decision 2008/976/JHA

33

Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network is revoked.

PART 10 — EU-LISA

Revocation of Regulation (EU) 2018/1726

34

Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 is revoked.

Revocation of Council Decisions 2010/779/EU and (EU) 2018/1600

35

The following Council Decisions are revoked—

(a) Council Decision 2010/779/EU of 14 December 2010 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis relating to the establishment of a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice;

(b) Council Decision (EU) 2018/1600 of 28 September 2018 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis relating to the establishment of a European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA).

PART 11 — Europol

Interpretation

36

In this Part—

“Europol” means the European Union Agency for Law Enforcement Cooperation, as established by the Europol Regulation;

“Europol Regulation” means 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.

Revocation of the Europol Regulation

37

Subject to regulation 40 (saving provisions – information provided before commencement day), the Europol Regulation is revoked.

Revocation of Europol Council Decisions

38

The following Council Decisions are revoked in so far as they are retained EU law—

(a) Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol);

(b) Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information;

(c) Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements;

(d) Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files;

(e) Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information.

Revocation of Commission Decision (EU) 2017/388

39

Commission Decision (EU) 2017/388 of 6 March 2017 confirming the participation of the United Kingdom of Great Britain and Northern Ireland in Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol) is revoked.

Saving provisions – information provided before commencement day

40

(1) The following provisions of the Europol Regulation continue to have effect in relation to information provided by Europol to the United Kingdom before commencement day, with the modifications specified below (and see Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act)—

(a) paragraph 3 of Article 20 (access by Member States and Europol's staff to information stored by Europol), with the modification that the reference to “Member States” is to be treated as a reference to “any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto,”;

(b) for paragraph 7 of Article 23 (common provisions), substitute—

(7) Onward transfers of personal data held by Europol by any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto, shall be prohibited, unless Europol has given its prior explicit authorisation.

(c) Article 30 (processing of special categories of personal data and of different categories of data subjects), with the following modifications—

(i) omit paragraphs 3 and 6;

(ii) in paragraph 4, omit “or Union”;

(iii) in paragraph 5, the reference to “Chapter V” is to be treated as a reference to “national law”;

(d) Article 32 (security of processing), with the following modifications—

(i) omit paragraph 1;

(ii) in paragraphs 2 and 3, omit “Europol and”;

(iii) in paragraph 2, the reference to “each Member State” is to be treated as a reference to “any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto,”;

(iv) in paragraph 3, the reference to “Member States” is to be treated as a reference to “any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto,”.

(2) Article 42 of the Europol Regulation (supervision by the national supervisory authority) continues to have effect, with the modifications specified below—

(a) for paragraph 1, substitute—

(1) The Information Commissioner's Office shall have the task of monitoring independently, in accordance with national law, the permissibility of the transfer, the retrieval and any communication to Europol before the date on which regulation 37 of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (revocation of the Europol Regulation) commenced of personal data by the United Kingdom, and of examining whether such transfer, retrieval or communication violates the rights of the data subjects concerned. For that purpose, the Information Commissioner's Office shall have access to data submitted by the United Kingdom to Europol in accordance with the relevant national procedures.

(b) omit paragraphs 2 and 3;

(4) Any person shall have the right to request the Information Commissioner's Office to verify the legality of any transfer or communication to Europol before the date on which regulation 37 of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (revocation of the Europol Regulation) commenced of data concerning him or her in any form and of access to those data by the United Kingdom. That right shall be exercised in accordance with national law.

Revocation of additional legislation

41

The following Orders are revoked—

(a) The European Police Office (Legal Capacities) Order 1996 ;

(b) The European Communities (Immunities and Privileges of the European Police Office) Order 1997 ;

PART 12 — Exchange of Information and Intelligence between Law Enforcement Authorities and Disclosure in Foreign Proceedings

CHAPTER 1 — Exchange of information and intelligence between law enforcement authorities

Introductory

42

(1) In this Part, the expressions which are defined in regulation 53 of the CJDP Regulations (interpretation) have the meanings given in that regulation (disregarding for this purpose the revocation made by regulation 43 (revocation of Part 5 of the CJDP Regulations).

(2) Regulation 53 of the CJDP Regulations continues to apply for the purposes of any provision of Part 5 of the CJDP Regulations (exchange of information and intelligence between law enforcement authorities) which is continued by this Part.

Revocation of Part 5 of the CJDP Regulations

43

Subject to regulations 44 to 47 (transitional and saving provisions), Part 5 of the CJDP Regulations is revoked.

Transitional provision – requests for information or intelligence received before commencement day

44

(1) This regulation applies where—

(a) a request referred to in regulation 54(1) of the CJDP Regulations (duty to provide information or intelligence) was made to a UK competent authority before commencement day, and

(b) the information or intelligence was not provided before commencement day.

(2) The following provisions of the CJDP Regulations continue to have effect in relation to the request, subject to the modification in paragraph (3) (and see Article 63(1)(d) and Title VII of Part 3 of the withdrawal agreement, Article 52(b) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

(a) regulation 54;

(aa) regulation 55 (time limits);

(b) regulation 58(2) and (6) (requirements for the sharing of information or intelligence);

(3) The modifications are that—

(a) paragraph (2) of regulation 58 is to be read as if the words “in accordance with the Framework Decision” were omitted;

(b) paragraphs (3) and (4) of regulation 59 (reasons to withhold information or intelligence) are to be read as if the words “under the Framework Decision” in each paragraph were omitted.

(4) The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a member State.

Saving provision – information and intelligence supplied before commencement day or under Article 63(1)(d) of the withdrawal agreement or Article 52(b) of the EEA EFTA separation agreement

45

(1) This regulation applies in relation to information or intelligence supplied to a UK competent authority before commencement day in accordance with the Framework Decision , or supplied on or after commencement day in accordance with Article 63(1)(d) of the withdrawal agreement or Article 52(b) of the EEA EFTA separation agreement.

(2) The following provisions of the CJDP Regulations continue to have effect in relation to the information or intelligence, subject to the modification in paragraph (3) (and see Article 63(1)(d) and Title VII of Part 3 of the withdrawal agreement, Article 52(b) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

(a) regulation 58(1), (4) and (5) (requirements for the sharing of information or intelligence);

(b) regulation 59 (reasons to withhold information or intelligence), in so far as it applies for the purposes of regulation 58(5).

(3) The modification is that paragraphs (3) and (4) of regulation 59 are to be read as if the words “under the Framework Decision” in each paragraph were omitted.

(4) The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a member State.

Saving provision – representations concerning use of information or intelligence

46

(1) This regulation applies where the UK competent authority has imposed conditions on the use of information or intelligence under regulation 58(2) of the CJDP Regulations (requirements for the sharing of information or intelligence), whether before commencement day or (in a case to which regulation 44 (transitional provision) applies) on or after commencement day.

(2) Regulation 58(3) continues to have effect ... in relation to the use of the information or intelligence.

Saving provision – information obtained by a UK member of an international joint investigation team

47

(1) This regulation applies in relation to information referred to in regulation 61(2) of the CJDP Regulations (joint investigation teams) which was lawfully obtained by a UK member (within the meaning of that regulation) before commencement day or on or after commencement day in accordance with Article 62(2) of the withdrawal agreement or Article 50(2) of the EEA EFTA separation agreement.

(2) Regulation 61 of the CJDP Regulations continues to have effect in relation to the information (and see Article 62(2) and Title VII of Part 3 of the withdrawal agreement, Article 50(2) and Title IV of Part 3 of the EEA EFTA separation agreement, and sections 7A to 7C of the Withdrawal Act).

(3) The provision referred to in paragraph (2) is to be construed as if the United Kingdom continued to be a member State.

CHAPTER 2 — Disclosure in foreign proceedings.

Amendment of the Anti-terrorism, Crime and Security Act 2001

48

In section 18(4)(b) of the Anti-terrorism, Crime and Security Act 2001 (restriction on disclosure of information for overseas purposes), for “an EU obligation” substitute “ a retained EU obligation ”.

PART 13 — Explosive Precursors

Amendment of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014

49

(1) The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “EEA State”;

(b) omit the definition of “member State”;

(3) In regulation 12 (supply of tier 1 substances)—

(a) in paragraph (5) for “another” substitute “ a ”;

(b) in paragraph (6)(b) for “another” substitute “ a ”.

(4) In regulation 13(2)(c) (supply of tier 2 substances), for “another” substitute “ a ”.

(5) In regulation 14(1)(b) (supply of tier 1 substances for despatch or export: consent), for “another” substitute “ a ”.

(6) In regulation 18(1) (application of enforcement provisions in the 1978 Order), after “competent authority” insert “ , the United Kingdom ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Control of Poisons and Explosives Precursors Regulations 2015

50

(1) The Control of Poisons and Explosives Precursors Regulations 2015 are amended as follows.

(2) In regulation 2(3) (supplies of substances involving despatch to Northern Ireland or export from the UK: modification of section 3A of the Act), for “another member State” substitute “ a member State ”.

Amendment of Regulation (EU) No 98/2013

51

(1) Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors is amended as follows.

(2) In Article 1 (subject matter), omit the second paragraph.

(3) In Article 2 (scope), for paragraph 1 substitute—

(1) This Regulation applies— (a) ..., in relation to the substances listed in Part 1 (regulated explosives precursors) and Part 3 (reportable explosives precursors) of Schedule 1A to the Poisons Act 1972 , and to mixtures and substances containing them; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) ..., any reference in this Regulation to— (a) “the Annexes” is to be read as a reference to Parts 1 and 3 of Schedule 1A to the Poisons Act 1972; (b) “Annex I” is to be read as a reference to Part 1 of Schedule 1A to that Act; (c) “Annex II” is to be read as a reference to Part 3 of Schedule 1A to that Act.

(4) In Article 3(5) (definitions), for “a Member State whether from another Member State or from a third country” substitute “ the United Kingdom ”.

(5) In Article 4 (making available, introduction, possession and use)—

(a) in paragraph 2—

(i) for “a Member State” substitute “ the Secretary of State ”;

(ii) for “a competent authority of the Member State” substitute “ the Secretary of State ”;

(b) in paragraph 3, for “a Member State” substitute “ the Secretary of State ”;

(d) omit paragraph 5;

(e) for paragraph 6 substitute—

(6) Where a member of the general public intends to introduce a restricted explosives precursor into the territory of the United Kingdom, that person shall obtain and, if requested present to the Secretary of State, a licence issued in accordance with rules laid down in Article 7.

(f) in paragraph 7, for “the Member State” to the end, substitute “ the Secretary of State ”.

(6) In Article 6 (free movement)—

(a) for “Without prejudice to the second paragraph of Article 1 and to Article 13, and unless” substitute “ Unless ”;

(b) for “or in other legal acts of the Union, Member States” substitute “ the Secretary of State ”.

(7) In Article 7 (licences)—

(a) in paragraph 1—

(i) for “Each Member State” to “restricted explosives precursors” substitute “ The Secretary of State ”;

(ii) for “competent authority of the Member State” substitute “ Secretary of State ”;

(b) in paragraph 2, for “competent authority” in both places where it occurs substitute “ Secretary of State ”;

(d) in paragraph 4, for “competent authority” substitute “ Secretary of State ”;

(e) omit paragraph 5;

(f) for paragraph 6 substitute—

(6) Licences granted by the competent authorities of a Member State or of any other country may be recognised in the United Kingdom.

(8) In Article 8(3) (registration of transactions), for “competent authorities” substitute “ Secretary of State ”.

(9) In Article 9 (reporting of suspicious transactions, disappearances and thefts)—

(a) in paragraph 2, for “Each Member State” substitute “ The Secretary of State ” and omit “national”;

(b) in paragraph 3, for “the national contact point of the Member State where the transaction was concluded or attempted” substitute “ a contact point established under Article 9(2) ”;

(c) in paragraph 4, for “the national contact point of the Member State” substitute “ a contact point established under Article 9(2) ”;

(d) in paragraph 5—

(i) for the first sentence substitute “ The Secretary of State shall draw up guidelines to assist the chemical supply chain. ”;

(ii) for “The Commission shall update” substitute “ The Secretary of State shall update ”;

(e) in paragraph 6, for “competent authorities”, in both places where it occurs, substitute “ Secretary of State ”.

(10) In Article 10 (data protection)—

(a) for the first reference to “Member States” substitute “ The Secretary of State ”;

(b) for the second reference to “Member States” substitute “ the Secretary of State ”;

(11) Omit Article 11 (penalties).

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Omit Articles 12 to 18.

(14) In the text following Article 19 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

PART 14 — Extradition

Interpretation

52

In this Part “the 2003 Act” means the Extradition Act 2003 .

Amendment of the 2003 Act

53

(1) The 2003 Act is amended as follows.

(2) In section 204 (transmission of warrant by electronic means) —

(a) in subsection (1)—

(i) in paragraph (a), omit the words from “in a case” until the end;

(ii) in paragraph (b), for “and the alert are” substitute “ is ”;

(b) omit subsection (2);

(d) in subsection (6), omit paragraph (a) together with the word “and” immediately after it.

(3) Omit section 212 (article 95 alerts) .

(4) In section 215 (European framework list), omit subsections (2) and (3).

(5) In section 223 (orders and regulations) , in subsection (6)(a), omit “section 215(2)”.

54

In section 157 of the Anti-social Behaviour, Crime and Policing Act 2014 (proportionality) , omit subsection (4).

Amendment of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003

55

(1) The Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 is amended as follows.

(2) For article 2 (designated territories) substitute—

Gibraltar is designated for the purposes of Part 1 of the Extradition Act 2003.

Amendment of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003

56

(1) The Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended as follows.

(2) In article 2(2) insert, in the appropriate places, the territories listed in paragraph (4).

(3) In article 3(2) insert, in the appropriate places, the territories listed in in paragraph (4).

(4) The territories are—

Austria;

Belgium;

Bulgaria;

Croatia;

Cyprus;

Czech Republic;

Denmark;

Estonia;

Finland;

France;

Germany;

Greece;

Hungary;

Iceland;

Ireland;

Italy;

Latvia;

Lithuania;

Luxembourg;

Malta;

The Netherlands;

Norway;

Poland;

Portugal;

Romania;

Slovakia;

Slovenia;

Spain;

Sweden.

Transitional provision

57

(1) Regulations 53(2), 55, and 56 do not apply in a case where, before commencement day—

(a) a person has been arrested under a Part 1 warrant (within the meaning of the 2003 Act);

(b) a person has been arrested under section 5 of the 2003 Act (provisional arrest) , or

(2) See Article 62(1)(b) of the withdrawal agreement, Article 51 and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

PART 15 — Firearms

CHAPTER 1 — Amendment of legislation extending to England and Wales, Scotland and Northern Ireland

Amendment of Commission Implementing Regulation (EU) No 2015/2403

58

(1) Commission Implementing Regulation (EU) No 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable is amended as follows.

(2) In Article 1 (scope), in paragraph 2—

(a) for “the date of its application” substitute “ 8 April 2016 ”;

(b) for “to another Member State” substitute “ outside of the United Kingdom ”.

(3) In Article 3 (verification and certification of deactivation of firearms)—

(a) in paragraph 1 for “Member States” substitute “ The appropriate authority ”;

(b) in paragraph 2 for “Member States” substitute “ the appropriate authority ”;

(d) in paragraph 4—

(i) for “a deactivation certificate in accordance with the template set out in Annex III” substitute “ certification in writing in accordance with the relevant legislation ”;

(ii) omit the final sentence;

(e) in paragraph 6 for “Member States” substitute “ The appropriate authority ”;

(f) after paragraph 6 insert—

(7) In this Article— - “the appropriate authority” means, ... the Secretary of State ...; - “the relevant legislation” means,... section 8(b) of the Firearms (Amendment) Act 1988 ....

(4) Omit Article 4 (requests for assistance).

(5) In Article 5 (marking of deactivated firearms)—

(a) the existing provision becomes paragraph 1;

(b) for “the template set out in Annex II” substitute “ the relevant legislation ”;

(d) after sub-paragraph (c), insert—

(2) In this Article, “the relevant legislation” means, ... section 8(a) of the Firearms (Amendment) Act 1988 ....

(6) Omit Article 6 (additional deactivation measures).

(7) Omit Article 7 (transfer of deactivated firearms within the Union).

(8) Omit Article 8 (notification requirements).

(9) After Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(10) In Annex I (technical specifications for the deactivation of firearms)—

(a) omit “as defined in Directive 91/477/EC”;

(b) omit “In order to ensure a correct and uniform application of the deactivation operations of firearms, the Commission shall elaborate definitions in cooperation with the Member States.”.

(11) Omit Annex II (template for marking of deactivated firearms).

(12) Omit Annex III (model certificate for deactivated firearms).

CHAPTER 2 — Amendment of legislation extending to England and Wales and Scotland

Amendment of the Firearms Act 1968

59

(1) The Firearms Act 1968 is amended as follows.

(2) In section 5A (exemptions from requirement of authority under s.5), omit subsection (3).

(3) In section 22 (acquisition and possession of firearms by minors), omit subsection (1A) .

(4) In section 27 (special provisions about firearm certificates), omit subsection (1A) .

(5) In section 28 (special provisions about shot gun certificates), omit subsection (1C) .

(6) Omit section 32A (documents for European purposes) and the italic cross-heading before that section.

(7) Omit section 32B (renewal of European firearms pass) .

(8) Omit section 32C (variation, endorsement etc. of European documents) .

(9) In section 42A (information as to transactions under visitors' permits) —

(a) in subsection (1)(b)—

(i) omit “or (d)”;

(ii) omit “or purchases or acquisitions by collectors etc”;

(iii) for “the member States” substitute “ Great Britain ”;

(b) in subsection (2)(b), for “the member State” substitute “ Great Britain ”.

(10) In section 48 (production of certificates) —

(a) omit subsection (1A);

(b) in subsection (2) omit “or document”;

(11) In section 57 (interpretation)—

(a) in subsection (4) , omit the following definitions—

(i) “another member State” and “other member States”;

(ii) “Article 7 authority”;

(iii) “European firearms pass”;

(b) omit subsection (4A) .

(12) In Part 1 of Schedule 6 (prosecution and punishment of offences) , in the table, omit the entries relating to sections 32B(5), 32C(6) and 48(4) of that Act.

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