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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

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Saving provision – exemptions from requirement of authority under section 5 of the Firearms Act 1968

60

(1) This regulation applies if, immediately before commencement day—

(a) a person has in the person's possession a prohibited weapon or prohibited ammunition within the meaning of the Firearms Act 1968, and

(b) subsection (3) of section 5A of that Act (exemptions from requirement of authority under section 5) applies in relation to that person's possession of the weapon or ammunition.

(2) Despite the repeal of that subsection by regulation 59 (amendment of the Firearms Act 1968), that subsection continues to have effect on and after commencement day in relation to the possession by that person of the weapon or ammunition.

Amendment of the Firearms (Amendment) Act 1988

61

(1) The Firearms (Amendment) Act 1988 is amended as follows.

(2) In section 8A (controls on defectively deactivated weapons), in each of subsections (2) and (3), for “the EU” in each place those words occur substitute “ the United Kingdom ”.

(3) In section 17 (visitors' permits)—

(a) in subsection (1A) —

(i) in paragraph (b), omit “to a place outside the member States without first being taken to another member State”;

(ii) at the end of paragraph (b) insert “ or ”;

(iii) omit paragraph (d) and the “or” immediately preceding that paragraph;

(b) omit subsection (3A) .

(4) In section 18 (firearms acquired for export)—

(a) omit subsection (1A) ;

(b) in subsection (4) omit “and, in a case where the transaction is one for the purposes of which a document such as is mentioned in subsection (1A)(a) above is required to be produced, particulars of the agreement contained in that document”;

(5) Omit section 18A (purchase or acquisition of firearms in other member States).

(6) In section 18B (permitted electronic means), in subsection (1)—

(a) in the opening words omit “or 18A”;

(b) in paragraph (a), for “the section concerned” substitute “ that section ”.

Amendment to the Firearms Acts (Amendment) Regulations 1992

62

In the Firearms Acts (Amendment) Regulations 1992 , omit regulation 10 (exchange of information).

Amendment to the Firearms (Amendment) Act 1988 (Amendment) Regulations 2011

63

In the Firearms (Amendment) Act 1988 (Amendment) Regulations 2011 , omit regulation 3 (review).

CHAPTER 3 — ...

Amendment to the Firearms (Northern Ireland) Order 2004

64

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

Saving provision – exemptions from requirement of authority under Article 45 of the Firearms (Northern Ireland) Order 2004

65

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

PART 16 — Football Disorder

Revocation of retained law relating to football disorder

66

The following Decisions are revoked—

(a) Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension;

(b) Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension.

PART 17 — Joint Investigation Teams

Amendment of the Police Act 1996

67

(1) The Police Act 1996 is amended as follows.

(2) In section 88 (liability for wrongful acts of constables), in subsection (7), omit paragraphs (a) and (b) (together with the “or” at the end of paragraph (b)).

(3) In section 89 (assaults on constables), in subsection (5), omit paragraphs (a) and (b) (together with the “or” at the end of paragraph (b)).

Amendment of the Police (Northern Ireland) Act 1998

68

(1) The Police (Northern Ireland) Act 1998 is amended as follows.

(2) In section 29 (liability for wrongful acts of constables), in subsection (7), omit paragraphs (a) and (b) (together with the “or” at the end of paragraph (b)).

(3) In section 66 (assaults on, and obstruction of constables, etc.), in subsection (6), omit paragraphs (a) and (b) (together with the “or” at the end of paragraph (b)).

Amendment of the Police and Fire Reform (Scotland) Act 2012

69

In the Police and Fire Reform (Scotland) Act 2012 , in section 99 (interpretation of Part 1), in subsection (1), in the definition of “international joint investigation team” omit paragraphs (a) to (c).

Amendment of the Crime and Courts Act 2013

70

In Schedule 4 to the Crime and Courts Act 2013 , in paragraph 5 (interpretation)—

(a) in sub-paragraph (1), omit paragraphs (a) and (b) (together with the “or” at the end of paragraph (b));

(b) omit sub-paragraph (2).

Revocation of the International Joint Investigation Teams (International Agreement) Order 2004

71

The International Joint Investigation Teams (International Agreement) Order 2004 is revoked.

Saving provision – investigation teams operating in the UK on or after commencement day

72

Regulations 67 to 69 and 71 do not apply in a case to which any of the following provisions apply (and see Articles 62(2) and 63(1)(a) of the withdrawal agreement, Articles 50(2) and 52(a) of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

(a) regulation 10 (transitional provision – surveillance which is not completed before commencement day);

(b) article 62(2) or 63(1)(a) of the withdrawal agreement; or

PART 18 — Mutual Legal Assistance in Criminal Matters

CHAPTER 1 — Interpretation

Interpretation

73

In this Part—

“the 2003 Act” means the Crime (International Co-operation) Act 2003 ;

“the 2017 Regulations” means the Criminal Justice (European Investigation Order) Regulations 2017 ;

“central authority” has the same meaning as in the 2017 Regulations;

“country” has the same meaning as in Part 1 of the 2003 Act;

“EU prisoner” has the same meaning as in the 2017 Regulations;

“participating State” has the same meaning as in the 2017 Regulations;

“prisoner” has the same meanings as in the 2017 Regulations.

CHAPTER 2 — Revocation of the 2017 Regulations

Revocation of the 2017 Regulations

74

The 2017 Regulations are revoked.

CHAPTER 3 — Amendment of primary legislation consequential upon amendments made by this Part

Amendment of the Criminal Justice Act 1987

75

(1) The Criminal Justice Act 1987 is amended as follows.

(2) In section 2 (Director's investigation powers) —

(a) in subsection (1A), for paragraph (b) substitute—

(b) the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received from a person mentioned in section 13(2) of that Act (an “overseas authority”).

(b) in subsection (18), omit the definition of “overseas authority”.

(3) In section 3(6) (disclosure of information) , in paragraph (n), for “the Treaty on European Union or any other” substitute “ a ”.

Amendment of the Criminal Justice Act 1988

76

In Schedule 13 to the Criminal Justice Act 1988 (evidence before service courts) , in paragraph 6 (letters of request etc.), in sub-paragraph (1), omit “, and no order shall be made or validated under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017,”.

Amendment of the Criminal Procedure (Scotland) Act 1995

77

(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 210(1) (consideration of time spent in custody) , in paragraph (c), omit “or regulation 20 or 54 of the Criminal Justice (European Investigation Order) Regulations 2017”.

(3) In section 267A (citation of witnesses for precognition) , omit subsection (1A).

(4) In section 272 (evidence by letter of request or on commission) , omit subsection (14).

(5) In section 273 (television link evidence from abroad) , omit subsection (5).

Amendment of the Criminal Law (Consolidation) (Scotland) Act 1995

78

In section 27 of the Criminal Law (Consolidation) Scotland Act 1995 (Lord Advocate's direction) , for subsection (2) substitute—

(2) The Lord Advocate may also give a direction under this section by virtue of section 15(4) of the Crime (International Co-operation) Act 2003 or on a request made by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this Part of this Act.

Amendment of the Criminal Justice and Police Act 2001

79

(1) Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which the additional powers in section 50 of that Act apply) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Omit paragraph 73R .

Amendment of the Criminal Justice Act 2003

80

In section 117 of the Criminal Justice Act 2003 (hearsay evidence: business and other documents) , in subsection (4)(b)(iii) omit “an order under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017”.

Amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004

81

In article 21 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (hearsay evidence: business and other documents) , in paragraph (4)(b)(iii) omit “an order under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017”.

Amendment of the Investigatory Powers Act 2016

82

(1) The Investigatory Powers Act 2016 is amended as follows.

(2) In section 10 (restriction on requesting assistance under mutual assistance agreements etc.) —

(a) in subsection (1), omit paragraph (a) and the “and” at the end of that paragraph;

(b) in subsection (3), omit the definition of “EU mutual assistance instrument”.

(3) In section 15(4) (warrants that may be issued under Chapter 1 of Part 2)—

(a) in paragraph (a), omit “an EU mutual assistance instrument or”;

(b) in paragraph (b), omit “instrument or”.

(4) In section 18(1)(h) (persons who may apply for issue of a warrant), omit “an EU mutual assistance instrument or”.

(5) In section 20(3)(a) (grounds on which warrants may be issued by Secretary of State), omit “an EU mutual assistance instrument or”.

(6) In section 21(4)(b)(i) (power of Scottish Ministers to issue warrants), omit “an EU mutual assistance instrument or”.

(7) In section 40 (special rules for certain mutual assistance warrants)—

(a) in subsection (1)(a), omit “an EU mutual assistance instrument or”;

(b) in subsections (3)(a) and (5)(a), omit “an EU mutual assistance instrument or” and “(as the case may be)”.

(8) In section 60(1) (Part 2: interpretation), omit the definition of “EU mutual assistance instrument”.

CHAPTER 4 — Saving provisions relating to European investigation orders

Outgoing European investigation orders (other than relating to the temporary transfer of a prisoner or EU prisoner)

83

(1) This regulation applies in relation to a European investigation order transmitted under regulation 9 (transmission of a European investigation order) or 10 (variation or revocation of a European investigation order) of the 2017 Regulations before commencement day.

(2) Regulations 77(4) and (5) (amendment of the Criminal Procedure (Scotland) Act 1995), 80 (amendment of the Criminal Justice Act 2003), 81 (amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004) and 82 (amendment of the Investigatory Powers Act 2016) of these Regulations do not apply.

(3) The following provisions of the 2017 Regulations continue to have effect—

(a) regulation 10 (variation or revocation of a European investigation order), but modified to read as if—

(i) the words “vary or” where they appear in each of paragraphs (1) and (2) were omitted;

(ii) paragraphs (6) and (7) were omitted;

(b) regulation 12 (use of evidence);

(c) regulations 2 and 5 (interpretation), Part 1 of Schedule 1 (designated public prosecutors) and Schedule 2 (participating States), but only for the purposes of the provisions which continue to have effect by virtue of sub-paragraphs (a) and (b).

(4) In this regulation, “European investigation order” has the meaning given by regulation 5(1)(a) of the 2017 Regulations.

Incoming European investigation order (other than relating to a request for the temporary transfer of a prisoner)

84

(1) This regulation applies in relation to a European investigation order received before commencement day by a central authority in the United Kingdom, to the extent that the order does not relate to a request for the temporary transfer of a prisoner or an EU prisoner.

(2) Regulations 75 (amendment of the Criminal Justice Act 1987), 77(3) (amendment of the Criminal Procedure (Scotland) Act 1995), 78 (amendment of the Criminal Law (Consolidation) (Scotland) Act 1995) and 79(3) (amendment of the Criminal Justice and Police Act 2001) of these Regulations do not apply.

(3) The following provisions of the 2017 Regulations continue to have effect—

(a) Part 3 (recognition and execution of a European investigation order made in a participating State), except Chapter 7 of that Part;

(b) regulation 59 (designation for the purposes of the Investigatory Powers Act 2016);

(d) Schedule 4 (general grounds for refusal), Schedule 5 (receiving evidence before a nominated court), and Schedule 6 (hearing a person by video-link or telephone conference);

(e) regulation 2 (general interpretation) and Schedule 2 (participating States), but only for the purpose of the provisions which continue to have effect by virtue of sub-paragraphs (a) to (d).

(4) In this regulation “European investigation order” has the meaning given by regulation 25 of the 2017 Regulations (interpretation).

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

European investigation order made in the United Kingdom relating to the temporary transfer of a prisoner or EU prisoner

85

(1) In relation to a prisoner temporarily transferred to a participating State pursuant to a European investigation order made and transmitted under regulation 22 of the 2017 Regulations (European investigation order for the temporary transfer of a prisoner) before commencement day—

(a) regulation 77(2) (amendment of the Criminal Procedure (Scotland) Act 1995) of these Regulations does not apply;

(b) the following provisions of the 2017 Regulations continue to have effect—

(i) regulation 20 (temporary transfer of UK prisoner to participating State for the purpose of UK investigation);

(ii) regulation 24 (time spent by UK prisoner in custody overseas);

(iii) regulations 2 and 5 (interpretation) and Schedule 2 (participating States), but only for the purpose of the other provisions which continue to have effect by virtue of this this sub-paragraph.

(2) In relation to an EU prisoner temporarily transferred to the United Kingdom pursuant to a European investigation order made and transmitted under regulation 22 of the 2017 Regulations before commencement day, the following provisions of those Regulations continue to have effect—

(a) regulation 21 (temporary transfer of EU prisoner to the UK for the purposes of UK investigation or proceedings);

(b) regulation 23 (restrictions on prosecution and detention for other matters);

(c) regulations 2 and 5 and Schedule 2, but only for the purpose of the provisions which continue to have effect by virtue of sub-paragraphs (a) and (b).

(3) In this regulation, “European investigation order” has the meaning given by regulation 5(1)(a) of the 2017 Regulations.

European investigation order made in a participating State relating to the temporary transfer of a prisoner or EU prisoner

86

(1) In relation to a relevant temporary transfer or a relevant request—

(a) regulation 77(2) (amendment of the Criminal Procedure (Scotland) Act 1995) of these Regulations does not apply;

(b) the following provisions of the 2017 Regulations continue to have effect—

(i) regulation 54;

(ii) regulation 57 (time spent by UK prisoner in custody overseas);

(iii) regulations 2 and 25 (interpretation) and Schedule 2 (participating States), but only for the purpose of the other provisions which continue to have effect by virtue of this sub-paragraph.

(1A) in paragraph (1)—

“relevant temporary transfer” means a prisoner temporarily transferred to an issuing State pursuant to a warrant issued by the Secretary of State or the Scottish Ministers under regulation 54 of the 2017 Regulations (temporary transfer of UK prisoner to issuing State for the purpose of issuing State’s investigation or proceedings) before commencement day;

“relevant request” means a European investigation order which includes a request for the transfer of a prisoner received by a central authority before commencement, regardless of whether that European investigation order was forwarded to the relevant UK central authority before commencement day.

(2) In relation to an EU prisoner temporarily transferred to the United Kingdom pursuant to a warrant issued by the Secretary of State or Scottish Ministers under regulation 55 of the 2017 Regulations (temporary transfer of EU prisoner to the UK for the purpose of issuing State's investigation) before commencement day, the following provisions of those Regulations continue to have effect—

(a) regulation 55;

(b) regulation 56 (restrictions on prosecution and detention for other matters);

(c) regulations 2 and 25 (interpretation) and Schedule 2 (participating States), but only for the purpose of the provisions which continue to have effect by virtue of sub-paragraphs (a) and (b).

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

CHAPTER 5 — Amendment of the 2003 Act

Amendment of the 2003 Act

87

(1) The 2003 Act is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 7 (requests for assistance in obtaining evidence abroad), omit subsection (7).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In section 50(5) (subordinate legislation) , omit “designating a country other than a member State”.

(13) In section 51 (general interpretation) —

(a) in subsection (1), omit the following definitions—

(i) “the 2001 Protocol”;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) “the Mutual Legal Assistance Convention”;

(vi) “the Schengen Convention”;

(b) in subsection (2)—

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

(ii) in paragraph (b), omit “other”.

CHAPTER 6 — Amendment and revocation of subordinate legislation made under the 2003 Act

Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009

88

(1) The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009 is amended as follows.

(2) For article 3 substitute—

(3) Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden are designated as participating countries under section 51(2)(b) of the 2003 Act ....

(3) Omit article 4.

Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2009

89

(1) The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales, and Northern Ireland) (No. 2) Order 2009 is amended as follows.

(2) In article 3—

(a) for “Iceland and Norway are designated as participating countries” substitute “ Norway is designated as a participating country ”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Omit article 4.

Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009

90

(1) The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009 is amended as follows.

(2) For article 2 substitute—

(2) Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden are designated as participating countries under section 51(2)(b) of the 2003 Act ....

(3) Omit article 3.

Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 2) Order 2009

91

(1) The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 2) Order 2009 is amended as follows.

(2) In article 2—

(a) for “Iceland and Norway are designated as participating countries” substitute “ Norway is designated as a participating country ”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Omit article 3.

Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009

92

(1) The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009 is amended as follows.

(2) In article 3, omit “Croatia”.

(3) Omit article 4.

Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010

93

In the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010 , omit article 5.

Revocation of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2011

94

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2011 is revoked.

Revocation of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2011

95

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2011 is revoked.

Freezing orders

96

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

Requests for information about financial accounts and transactions

97

(1) Despite regulations 89, 91, 94 and 95, sections 32 to 34 (customer information (England and Wales and Northern Ireland) and offences) and 42 (offence of disclosure) of the 2003 Act continue to have effect in relation to a request for customer information received from a relevant country by the Secretary of State under section 32 of that Act before commencement day as if the relevant country continued to be a participating country within the meaning of the 2003 Act..

(2) Despite regulations 89, 91, 94 and 95, sections 37 to 39 (customer information (Scotland) and offences) and 42 (offence of disclosure) of the 2003 Act continue to have effect in relation to a request for customer information received from a relevant country by the Lord Advocate under section 37 of that Act before commencement day as if the relevant country continued to be a participating country within the meaning of the 2003 Act..

(3) Despite regulations 89, 91, 94 and 95, sections 35 (account information: England and Wales and Northern Ireland), 36 (account monitoring orders: England and Wales and Northern Ireland) and 42 (offence of disclosure) of the 2003 Act continue to have effect in relation to a request for account information received from a relevant country by the Secretary of State under section 35 of that Act before commencement day as if the relevant country continued to be a participating country within the meaning of the 2003 Act..

(4) Despite regulations 89, 91, 94 and 95, sections 40, 41 (account monitoring orders: Scotland) and 42 (offence of disclosure) of the 2003 Act continue to have effect in relation to a request for account information received from a relevant country by the Lord Advocate under section 40 of that Act before commencement day 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.

(6) See Article 62(1)(a) and Title VII of Part 3 of the withdrawal agreement, Article 50(1) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

Certain mutual legal assistance requests from Iceland

98

(1) Paragraph (2) applies where, before commencement day, by virtue of an agreement with the competent authority of Iceland—

(a) a person has been transferred to that country from the United Kingdom pursuant to a warrant issued under section 47 of the 2003 Act (transfer of UK prisoner to assist investigation abroad) , or

(b) a person has been transferred from that country to the United Kingdom pursuant to a warrant issued under section 48 of the 2003 Act (transfer of EU etc prisoner to assist UK investigation) .

(2) The provisions of the 2003 Act mentioned in paragraph (1) continue to have effect in relation to the person as if Iceland continued to be a participating country within the meaning of the 2003 Act.

(3) Paragraph (4) applies where, before commencement day, a request under section 31 of the 2003 Act (hearing witnesses in the UK by telephone) is received from an authority in Iceland.

(4) Section 31 of, and Part 2 of Schedule 2 to, the 2003 Act (evidence given by telephone link) continue to have effect in relation to the request as if Iceland continued to be a participating country within the meaning of the 2003 Act.

(5) See Article 50(1) of the EEA EFTA separation agreement and sections 7B and 7C of the Withdrawal Act.

CHAPTER 8 — Other retained EU law relating to mutual legal assistance in criminal matters and certain aspects of police cooperation

Provisions of the 1990 Schengen Convention relating to police cooperation and mutual legal assistance in criminal matters

99

The following decisions are revoked but only so far as they relate to Articles 39, 46 to 49 and 51 of the 1990 Schengen Convention (and see Article 63(1)(a) and Title VII of Part 3 of the withdrawal agreement, Articles 50(3), 52(a) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.)—

(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 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;

(c) Council Decision 2014/857/EU of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC.

Third Pillar Conventions

100

(1) The following conventions established by the Council of the European Union under former Article 34 of the Treaty on European Union are revoked, to the extent that they have been saved by the Withdrawal Act—

(a) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Council Act of 29 May 2000);

(b) the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Council Act of 16 October 2001).

(2) Reference in this regulation to former Article 34 of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon.

(3) See Articles 62(1)(a) and 62(2) and Title VII of Part 3 of the withdrawal agreement, Article 50(1) and (2) and Title IV of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

Consequential amendment of the Investigatory Powers (Consequential Amendments etc.) Regulations 2018

101

Regulation 5 of the Investigatory Powers (Consequential Amendments etc.) Regulations 2018 (designation of a relevant international agreement) is omitted.

Saving provision: requests for the interception of telecommunications under the 2000 MLA Convention

102

Regulation 101 (consequential amendment of the Investigatory Powers (Consequential Amendments etc.) Regulations 2018) does not apply in relation to a request made under Article 18 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Council Act of 29 May 2000) (requests for interception of telecommunications) received by the Secretary of State before commencement day.

PART 19 — Passenger Name Record Data

Amendment of the Immigration and Police (Passenger, Crew and Service Information) Order 2008

103

(1) The Immigration and Police (Passenger, Crew and Service Information) Order 2008 is amended as follows.

(2) In regulation 7 (form and manner in which passenger and service information to be provided: police)—

(a) in paragraph (2), for “which conforms to the data formats and transmission protocols provided for in Article 1 of the Implementing Decision”, substitute “ that is compatible with the technology used by the recipient of the information ”;

(b) omit paragraph (7).

Amendment of the Passenger Name Record Data and Miscellaneous Amendments Regulations 2018

104

(1) The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) at the appropriate places insert—

“serious crime” has the meaning given in the Passenger Name Record Directive;

“terrorist offences” has the meaning given in the Passenger Name Record Directive;

(b) omit the following definitions—

(i) “European Commission”;

(ii) “Europol”;

(iii) “non-UK PIU”;

“non-UK competent authority” means an authority based in a third country that is competent for the prevention, detection, investigation or prosecution of terrorist offences or serious crime;

(d) in the definition of “PNR data”, for “Annex I to the Passenger Name Record Directive” substitute “ Schedules 2 or 4 to the 2008 Order ”;

(e) in the definition of “third country”, for “a Member State” substitute “ the United Kingdom ”;

(f) in the definition of “UK competent authority”, omit all the words that appear after “serious crime”;

(g) omit paragraph (2).

(3) In regulation 3 (designation of passenger information unit)—

(a) in paragraph (1), omit “for the United Kingdom”;

(b) in paragraph (2), for sub-paragraph (d) substitute—

(d) where appropriate, exchanging PNR data and the result of processing that data with a non-UK competent authority

(4) In regulation 6 (processing of PNR data by the PIU), in paragraph (3)—

(a) for sub-paragraph (a) substitute—

(a) carrying out an assessment of passengers prior to their scheduled arrival in, or departure from, the UK to identify persons who require further examination by a UK competent authority in view of the fact that such persons may be involved in a terrorist offence or serious crime;

(b) in sub-paragraph (b) omit “or, where appropriate, Europol”.

(5) Omit regulations 8 to 10 (exchange of data).

(6) In regulation 11 (requests for PNR data made by a UK competent authority to another Member State)—

(a) in the heading, for “another Member State” substitute “ a non-UK competent authority ”;

(b) in paragraph (1), for “non-UK PIU” substitute “ non-UK competent authority ”;

(d) for paragraph (3) substitute—

(3) The conditions are that— (a) the request is made solely for the purposes of the prevention, detection, investigation or prosecution of terrorist offences or serious crime; (b) the request is made in respect of a specific case; (c) the request is duly reasoned, and (d) a copy of the request is sent to the PIU.

(7) In regulation 12 (transfers of PNR to third countries)—

(a) in the heading, for “third countries” substitute “ non-UK competent authorities ”;

(b) for paragraphs (1) and (2) substitute—

(1) The PIU may transfer PNR data or the result of processing that data to a non-UK competent authority if either of the conditions set out in paragraph (2) or (2A) is met. (2) The first condition is that— (a) the request from the non-UK competent authority is duly reasoned; (b) the PIU is satisfied that the transfer is necessary for the prevention, investigation, detection or prosecution of terrorist offences or serious crime, and (c) the non-UK competent authority agrees to transfer the data to another non-UK competent authority only where it is strictly necessary for the purposes described in sub-paragraph (b). (2A) The second condition is that— (a) following the assessment referred to in regulation 6(3)(a), a person is identified by the PIU as requiring further examination, and (b) the PIU considers it necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime for a non-UK competent authority to be notified of that fact.

(8) In regulation 13(8)(b) (period of data retention and depersonalisation), for “non-UK PIU” substitute “ non-UK competent authority ”.

(9) In regulation 14(3)(c) (protection of personal data) omit “and non-UK PIUs”.

(10) Omit regulation 15 (supervisory authority).

Revocation of Council Decisions 2012/381/EU and 2012/472/EU

105

The following Council Decisions are revoked—

(a) Council Decision 2012/381/EU of 13 December 2011 on the conclusion of the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service;

(b) Council Decision 2012/472/EU of 26 April 2012 on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security.

Revocation of Commission Implementing Decision 2017/759

106

Commission Implementing Decision (EU) 2017/759 of 28 April 2017 on the common protocols and data formats to be used by air carriers when transferring PNR data to Passenger Information Units is revoked.

PART 20 — Proceeds of Crime

Amendment of the Proceeds of Crime Act 2002

107

(1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 67 (seized money: England and Wales)—

(a) in subsection (9), omit paragraph (c);

(b) in subsection (10), omit “or firm” in both places where those words occur.

(3) In section 131ZA (seized money: Scotland)—

(a) in subsection (10), omit paragraph (c);

(b) in subsection (11), omit “or firm” in both places those words occur.

(4) In section 282D (evidence overseas: interim receiver or interim administrator), in subsection (10), omit paragraph (b) and the “or” immediately preceding that paragraph.

(5) In section 303Z7 (“bank”)—

(a) in subsection (2), omit paragraph (c);

(b) in subsection (3), omit “or firm” in both places those words occur.

(6) In section 333B (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 ”.

(7) In section 333C (other permitted disclosures between institutions etc), in subsection (2)(c), for “an EEA State” substitute “ the United Kingdom or an EEA state ”.

(8) In section 362B (requirements for making of unexplained wealth order), in subsection (7)(a), for “the United Kingdom or another EEA State,” substitute—

(i) the United Kingdom, or (ii) an EEA state,

(9) In section 375A (evidence overseas), in subsection (9), omit paragraph (b) and the “or” immediately preceding that paragraph.

(10) In section 396B (requirements for making of unexplained wealth order), in subsection (7)(a), for “the United Kingdom or another EEA State,” substitute—

(i) the United Kingdom, or (ii) an EEA state,

(11) In section 408A (evidence overseas), in subsection (9), omit paragraph (b) and the “or” immediately preceding that paragraph.

(12) In Schedule 3 (administrators: further provision), in paragraph 6—

(a) omit sub-paragraph (4)(c);

(b) in sub-paragraph (5), omit “or firm” in both places those words occur.

(13) In Schedule 9 (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).

Amendment of the Serious Organised Crime and Police Act 2005

108

(1) The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) Omit section 96 (mutual assistance in freezing property or evidence).

(3) In section 172 (orders and regulations), in subsection (5), omit paragraph (h).

Amendment of the Criminal Finances Act 2017

109

(1) The Criminal Finances Act 2017 is amended as follows.

(2) In section 1 (unexplained wealth orders: England and Wales and Northern Ireland), in the text to be inserted as section 362B(7)(a) of the Proceeds of Crime Act 2002, for “the United Kingdom or another EEA State,” substitute—

(i) the United Kingdom, or (ii) an EEA state,

(3) In section 16 (forfeiture of money held in bank and building society accounts), in the text to be inserted as section 303Z7 of the Proceeds of Crime Act 2002—

(a) in subsection (2), omit paragraph (c);

(b) in subsection (3), omit “or firm” in both places those words occur.

(4) In section 27 (seized money: Northern Ireland)—

(a) in the text to be inserted as subsection (9) of section 215 of the Proceeds of Crime Act 2002, omit paragraph (c);

(b) in the text to be inserted as subsection (10) of that section, omit “or firm” in both places those words occur.

Amendment of the CJDP Regulations

110

(1) Subject to regulation 111 (transitional provisions in relation to the amendment of the CJDP Regulations), the CJDP Regulations are amended as follows.

(2) Part 2 (proceeds of crime (foreign property and foreign orders)) is revoked.

(3) Schedule 1 (proceeds of crime (foreign property and foreign orders): Scotland) is revoked.

(4) Schedule 2 (proceeds of crime (foreign property and foreign orders): Northern Ireland) is revoked.

Transitional provisions in relation to amendment of the CJDP Regulations

111

Regulation 110 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 (e) 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 Decisions 2003/577/JHA and 2006/783/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 Crown Court makes a certificate under regulation 6(2) of the CJDP Regulations (domestic restraint orders: certification);

(b) a relevant prosecutor receives an overseas restraint order under regulation 8(1) of the CJDP Regulations (sending overseas restraint orders to the court);

(c) the Crown Court makes a certificate under regulation 11(2) of the CJDP Regulations (domestic confiscation orders: certification);

(d) a relevant prosecutor receives an overseas confiscation order under regulation 13(1) of the CJDP Regulations (sending overseas confiscation orders to the court);

(e) the court makes a certificate under paragraph 2(2) of Schedule 1 to the CJDP Regulations (domestic restraint orders: certification);

(f) the Lord Advocate receives an overseas restraint order under paragraph 4(1) of Schedule 1 to the CJDP Regulations (sending overseas restraint orders to the court);

(g) the court makes a certificate under paragraph 7(2) of Schedule 1 to the CJDP Regulations (domestic confiscation orders: certification);

(h) the Lord Advocate receives an overseas confiscation order under paragraph 9(1) of Schedule 1 to the CJDP Regulations (sending overseas confiscation orders to the court);

(i) the court makes a certificate under paragraph 2(2) of Schedule 2 to the CJDP Regulations (domestic restraint orders: certification);

(j) the relevant prosecutor receives an overseas restraint order under paragraph 4(1) of Schedule 2 to the CJDP Regulations (sending overseas restraint orders to the court);

(k) the court makes a certificate under paragraph 7(2) of Schedule 2 to the CJDP Regulations (domestic confiscation orders: certification), or

(l) the relevant prosecutor receives an overseas confiscation order under paragraph 9(1) of Schedule 2 to the CJDP Regulations (sending overseas confiscation orders to the court).

Revocation of Council Decision 2000/642/JHA and Council Decision 2007/845/JHA

112

The following are revoked (but see Article 63(1)(c) and (f) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act)—

(a) Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information;

(b) Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime.

Saving provision

113

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

PART 21 — Prüm – Exchange of Data Relating to DNA, Fingerprints and Vehicle Registration

Interpretation

114

In this Part, “the Prüm Decision” means Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.

115

The following are revoked (but see Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act)—

(a) the Prüm Decision;

(b) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime;

(c) Council Decision 2014/836/EU of 27 November 2014 determining certain consequential and transitional arrangements concerning the cessation of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon;

(d) Council Decision 2014/837/EU of 27 November 2014 determining certain direct financial consequences incurred as a result of the cessation of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon.

Revocation of Commission Decision (EU) 2016/809

116

Commission Decision (EU) 2016/809 of 20 May 2016 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in certain acts of the Union in the field of police cooperation adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis is revoked.

Revocation of Council Implementing Decisions

117

The following are revoked—

(a) Council Implementing Decision (EU) 2015/2009 of 10 November 2015 on the launch of automated data exchange with regard to dactyloscopic data in Poland;

(b) Council Implementing Decision (EU) 2015/2049 of 10 November 2015 on the launch of automated data exchange with regard to dactyloscopic data in Sweden;

(c) Council Implementing Decision (EU) 2015/2050 of 10 November 2015 on the launch of automated data exchange with regard to dactyloscopic data in Belgium;

(d) Council Implementing Decision (EU) 2016/254 of 12 February 2016 on the launch of automated data exchange with regard to vehicle registration data (VRD) in Latvia;

(e) Council Implementing Decision (EU) 2016/2047 of 18 November 2016 on the launch of automated data exchange with regard to DNA data in Denmark;

(f) Council Implementing Decision (EU) 2016/2048 of 18 November 2016 on the launch of automated data exchange with regard to dactyloscopic data in Denmark;

(g) Council Implementing Decision (EU) 2017/617 of 27 November 2017 on the launch of automated data exchange with regard to DNA data in Greece;

(h) Council Implementing Decision (EU) 2017/618 of 27 March 2017 on the launch of automated data exchange with regard to vehicle registration data in Denmark;

(i) Council Implementing Decision (EU) 2017/943 of 18 May 2017 on the automated data exchange with regard to vehicle registration data in Malta, Cyprus and Estonia, and replacing Decisions 2014/731/EU, 2014/743/EU and 2014/744/EU;

(j) Council Implementing Decision (EU) 2017/944 of 18 May 2017 on the automated data exchange with regard to dactyloscopic data in Latvia, and replacing Decision 2014/911/EU;

(k) Council Implementing Decision (EU) 2017/945 of 18 May 2017 on the automated data exchange with regard to DNA data in Slovakia, Portugal, Latvia, Lithuania, Czech Republic, Estonia, Hungary, Cyprus, Poland, Sweden, Malta and Belgium and replacing Decisions 2010/689/EU, 2011/472/EU, 2011/715/EU, 2011/887/EU, 2012/58/EU, 2012/299/EU, 2012/445/EU, 2012/673/EU, 2013/3/EU, 2013/148/EU, 2013/152/EU and 2014/410/EU;

(l) Council Implementing Decision (EU) 2017/946 of 18 May 2017 on the automated data exchange with regard to dactyloscopic data in Slovenia, Bulgaria, France, Czech Republic, Lithuania, the Netherlands, Hungary, Cyprus, Estonia, Malta, Romania and Finland and replacing Decisions 2010/682/EU, 2010/758/EU, 2011/355/EU, 2011/434/EU, 2011/888/EU, 2012/46/EU, 2012/446/EU, 2012/672/EU, 2012/710/EU, 2013/153/EU, 2013/229/EU and 2013/792/EU;

(m) Council Implementing Decision (EU) 2017/947 of 18 May 2017 on the automated data exchange with regard to vehicle registration data in Finland, Slovenia, Romania, Poland, Sweden, Lithuania, Bulgaria, Slovakia and Hungary and replacing Decisions 2010/559/EU, 2011/387/EU, 2011/547/EU, 2012/236/EU, 2012/664/EU, 2012/713/EU, 2013/230/EU, 2013/692/EU and 2014/264/EU;

(n) Council Implementing Decision (EU) 2017/1020 of 8 June 2017 on the launch of automated data exchange with regard to vehicle registration data in Croatia;

(o) Council Implementing Decision (EU) 2017/1866 of 12 October 2017 on the launch of automated data exchange with regard to vehicle registration data in the Czech Republic;

(p) Council Implementing Decision (EU) 2017/1867 of 12 October 2017 on the launch of automated data exchange with regard to dactyloscopic data in Portugal;

(q) Council Implementing Decision (EU) 2017/1868 of 12 October 2017 on the launch of automated data exchange with regard to dactyloscopic data in Greece;

(r) Council Implementing Decision (EU) 2018/1035 of 16 July 2018 on the launch of automated data exchange with regard to DNA data in Croatia.

PART 22 — Schengen Information System (SIS II)

Introductory

118

(1) In the provisions to which this regulation applies, the expressions which are referred to in Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) have the same meanings as they have in that decision (disregarding for this purpose the revocation of that decision by regulation 119 (revocation of retained EU law relating to SIS II)).

(2) This regulation applies to—

(a) regulations 120 (saving provision – SIS II data and national files) and 121 (saving provision – supplementary information and national files);

(b) any provision of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) which is continued by this Part.

Revocation of retained EU law relating to the Schengen information system (SIS II)

119

(1) The following Decisions are revoked but only so far as they relate to the Schengen information system—

(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 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;

(c) Council Decision 2014/857/EU of 1 December 2014 concerning the notification of the United Kingdom of Great Britain and Northern Ireland of its wish to take part in some of the provisions of the Schengen acquis which are contained in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters and amending Decisions 2000/365/EC and 2004/926/EC.

(2) The following are revoked (but see Article 63(1)(e) of the withdrawal agreement, Article 52(c) of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

(a) Commission Decision 2007/171/EC of 16 March 2007 laying down the network requirements for the Schengen Information System II (3rd pillar);

(b) Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II);

(c) Commission Implementing Decision 2013/115/EU of 26 February 2013 on the Sirene Manual and other implementing measures for the second generation Schengen Information System (SIS II);

(d) Council Decision 2013/157/EU of 7 March 2013 fixing the date of application of Decision 2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System (SIS II);

(e) Council Implementing Decision (EU) 2015/215 of 10 February 2015 on the putting into effect of the provisions of the Schengen acquis on data protection and on the provisional putting into effect of parts of the provisions of the Schengen acquis on the Schengen Information System for the United Kingdom of Great Britain and Northern Ireland;

(f) Commission Implementing Decision (EU) 2015/450 of 16 March 2015 laying down test requirements for Member States integrating into the second generation Schengen Information System (SIS II) or changing substantially their directly related national systems;

(g) Commission Implementing Decision (EU) 2016/1345 of 4 August 2016 on minimum data quality standards for fingerprint records within the second generation Schengen Information System (SIS II).

(h) Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU.

(3) In this regulation, “Schengen information system” means any information system established under Title IV of the 1990 Schengen Convention, or any system established in its place in pursuance of any EU obligation.

Saving provisions – SIS II data and national files

120

(1) This regulation applies in relation to—

(a) SIS II data in connection with which action was taken on the territory of the United Kingdom before commencement day;

(b) data contained in a particular alert issued in SIS II by the United Kingdom before commencement day.

(2) Subject to the modifications in paragraph (3), the following provisions of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) continue to have effect in relation to the data referred to in paragraph (1) (and see Title VII of Part 3 of the withdrawal agreement, Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

(a) Article 46(1), (5), (6) and (7) (processing of SIS II data);

(b) Article 47 (SIS II data and national files);

(3) The modifications are that—

(a) Article 46 is to be read as if—

(i) in paragraph 1—

(aa) for the words “The Member States” there were substituted “ The United Kingdom ”;

(bb) after the words “and 38” there were inserted “ of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) as it applied in the European Union immediately before commencement day ”;

(ii) in paragraph 5, for the words “this Decision” there were substituted “ Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) as it applied in the European Union immediately before commencement day ”;

(iii) in paragraph 7—

(aa) for the words “paragraphs 1 to 6” there were substituted “ paragraphs 1, 4 and 5 ”;

(bb) for the words “each Member State” there were substituted “ the United Kingdom ”;

(b) Article 47 is to read as if—

(i) for the words “Article 46(2) shall not prejudice the right of a Member State to” (in each place) there were substituted “ The United Kingdom may ”;

(ii) in paragraph 2, for the words “that Member State” there were substituted “ the United Kingdom ”;

(c) Article 54 is to be read as if for the words “this Decision” there were substituted “ Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) as it applied in the European Union before commencement day ”.

Saving provisions – supplementary information and national files

121

(1) This regulation applies in relation to data relating to—

(a) an alert which the United Kingdom issued before commencement day ...

(b) an alert in connection with which action was taken on the territory of the United Kingdom before commencement day , or

(c) supplementary information received by the United Kingdom in accordance with Article 63(1)(e) of the withdrawal agreement.

(2) Subject to the modifications in paragraph (3), the following provisions of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) continue to have effect in relation to the data referred to in paragraph (1) (and see Title VII of Part 3 of the withdrawal agreement, Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

(a) Article 8(2) (exchange of supplementary information);

(b) Article 53(3) (purpose and retention period of supplementary information);

(3) The modifications are that—

(a) Article 53(3) is to be read as if—

(i) for the words “Paragraph 2 shall not prejudice the right of a Member State” there were substituted “ The United Kingdom may ”;

(ii) for the words “that Member State” there were substituted “ the United Kingdom ”;

(b) Article 54 is to be read as if for the words “this Decision” there were substituted “ Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) as it applied in the European Union before commencement day ”.

PART 23 — Serious Crime and Fraud

Amendment of the Serious Crime Act 2007

122

(1) The Serious Crime Act 2007 is amended as follows.

(2) In section 34 (providers of information society services)—

(a) in subsection (1) omit “other than the United Kingdom”;

(b) in subsection (3) omit paragraph (b) and the “and” immediately preceding that paragraph;

(d) in subsection (5), at the end insert “ , reading those Articles as if the requirements imposed on a Member State were imposed on the court making the order ”;

(e) in subsection (6), for “covered by” substitute “ falling within the descriptions contained in ”.

(3) In section 54 (institution of proceedings etc for an offence under Part 2), in subsection (5) omit “other than the United Kingdom”.

(4) In section 69(2)(d) (offence for certain further disclosures of information), for “an EU obligation” substitute “ a retained EU obligation ”.

Revocation of Council Regulation (EU) No 331/2014

123

Council Regulation (EU) No 331/2014 of the European Parliament and of the Council of 11 March 2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) and repealing Council Decisions 2001/923/EC, 2001/924/EC, 2006/75/EC, 2006/76/EC, 2006/849/EC and 2006/850/EC is revoked.

PART 24 — Miscellaneous

CHAPTER 1 — Miscellaneous amendments to police legislation

SECTION 1 — Amendment of primary legislation

Amendment of the Local Government (Miscellaneous Provisions) Act 1982

124

In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 12(1)(c) and (d) , after “in” insert “ the United Kingdom or ”.

Amendment of the Licensing Act 2003

125

In section 120 of the Licensing Act 2003 (determination of application for grant), in subsection (8)(c) omit “(other than the United Kingdom)”.

126

(1) Schedule 6A to the Anti-social Behaviour, Crime and Policing Act 2014 (anonymity of victims of forced marriage) is amended as follows.

(2) Omit paragraph 4 (domestic service providers: extension of liability).

(3) In paragraph 9 (interpretation)—

(a) in sub-paragraph (1)—

(i) omit the definition of “domestic service provider”;

(ii) in the definition of “non-UK service provider” omit “other than the United Kingdom”;

(b) in sub-paragraph (3)—

(i) in the words before paragraph (a), for “definitions of “domestic service provider” and “non-UK service provider”” substitute “definition of “non-UK service provider””;

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

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

Amendment of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

127

(1) Schedule 3A to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (anonymity of victims of forced marriage) is amended as follows.

(2) Omit paragraph 4 (special rules for providers of information society services).

(3) In paragraph 9 (interpretation)—

(a) in sub-paragraph (1)—

(i) omit the definition of “domestic service provider”;

(ii) in the definition of “non-UK service provider” omit “other than the United Kingdom”;

(b) in sub-paragraph (3)—

(i) in the words before paragraph (a), for “definitions of “domestic service provider” and “non-UK service provider”” substitute “definition of “non-UK service provider””;

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

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

Amendment of the Policing and Crime Act 2017

128

In the Policing and Crime Act 2017 , omit section 144 (powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment).

SECTION 2 — Amendment of secondary legislation

Amendment of the Police Pensions (Additional Voluntary Contributions) Regulations 1991

129

(1) The Police Pensions (Additional Voluntary Contributions) Regulations 1991 are amended as follows.

(2) In regulation 2(3)(interpretation), in the definition of “insurance company”—

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

(b) omit paragraph (b).

Amendment of the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013

130

(1) The Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1) omit the definition of “UK national”;

(b) in paragraph (2)—

(i) in the words before paragraph (a), for “in England and Wales or in an EEA state other than the United Kingdom” substitute “ in an EEA state ”;

(ii) in paragraph (a), for “in England and Wales, or in a particular EEA state other than the United Kingdom,” substitute “ in a particular EEA state ”;

(iii) in sub-paragraph (i) of paragraph (a), for “in England Wales, or that EEA state,” substitute “ in that EEA state ”.

(3) Omit regulation 3 (internal market: England and Wales service providers).

(4) In regulation 4(1) (internal market: non-UK service providers), omit “other than the United Kingdom”.

(5) In regulation 8 (review), omit paragraph (2).

Amendment of the Police Pensions Regulations 2015

131

(1) The Police Pensions Regulations 2015 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “duly qualified medical practitioner”, omit “or the equivalent EEA qualification”.

CHAPTER 2 — Miscellaneous amendments to investigatory powers legislation

Amendment of the Investigatory Powers Act 2016

132

(1) The Investigatory Powers Act 2016 is amended as follows.

(2) In section 19 (power of Secretary of State to issue warrants), omit subsection (5).

(3) In section 102 (power to issue warrants to intelligence services: the Secretary of State), omit subsection (9).

Amendment of the Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018

133

(1) The Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018 are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “regulatory or self-regulatory practices or procedures”, in paragraph (a)—

(a) in sub-paragraph (i), for the words from “provision” to “Area” substitute “ enactment ”;

(b) in sub-paragraph (ii), for the words “a member” to “Area” substitute “ the United Kingdom ”.

(3) In regulation 4 (restrictions on the lawful interception of communications), omit paragraph (2).

CHAPTER 3 — International agreements

Revocation of rights etc.

134

(1) Subject to regulation 135 (saving provision), to the extent that any rights, powers, liabilities, obligations, restrictions, remedies and procedures—

(a) continue by virtue of section 4(1) of the Withdrawal Act, and

(b) are derived from one of the international agreements to which this regulation applies,

those rights, powers, liabilities, obligations, restrictions, remedies and procedures cease to be recognised and available in domestic law (but in relation to the agreements specified in paragraph (2)(a) to (e), (g) and (h) see Title VII of Part 3 of the withdrawal agreement, Titles III and IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act).

(2) This regulation applies to—

(a) the Agreement concluded by the Council of the European Union, the Republic of Iceland and the Kingdom of Norway on the association of these two states to the implementation, to application and to the development of the acquis de Schengen – final Act ;

(b) the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States ;

(c) the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto ;

(d) the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis ;

(e) the Agreement between the European Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto ;

(f) the Agreement between the European Union and Japan on mutual legal assistance in criminal matters ;

(g) the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis .

(h) the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway.

Saving provision

135

(1) This regulation applies to the extent that—

(a) a transitional or saving provision of these Regulations (or Title VII of Part 3 of the withdrawal agreement, Titles III and IV of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act) preserves a right, power, liability, obligation, restriction, remedy or procedure conferred or imposed by legislation which these Regulations revoke or amend, and

(b) a corresponding right, power, liability, obligation, restriction, remedy or procedure is derived from an instrument listed in regulation 134(2) and continues by virtue of section 4(1) of the Withdrawal Act.

(2) To the extent that this regulation applies, regulation 134(1) does not.

CHAPTER 4 — Atlas – cooperation between special intervention units

Introductory

136

In this Chapter—

(a) “the Atlas Council Decision” means Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations ;

(b) the expressions which are defined in Article 2 of the Atlas Council Decision (interpretation) have the meanings given in that provision (disregarding for this purpose the revocation of that decision by regulation 2).

Revocation of the Atlas Council Decision

137

Subject to regulations 138 (transitional provisions – assistance provided to member States on or after commencement day) and 139 (transitional provisions – assistance provided to the United Kingdom after commencement day), the Atlas Council Decision is revoked.

Transitional provisions – assistance provided to member States after commencement day

138

(1) This regulation applies to a relevant case.

(2) For the purposes of this regulation, a “relevant case” is one in which, before commencement day—

(a) a member State made a request for assistance under Article 3(1) of the Atlas Council Decision (assistance to another member State) to the competent authority of the United Kingdom, and—

(b) either—

(i) the competent authority of the United Kingdom did not respond in relation to that request, or

(ii) the competent authority of the United Kingdom accepted the request for assistance or proposed a different kind of assistance, but some or all of the assistance has not been provided before commencement day.

(3) The following provisions of the Atlas Council Decision continue to have effect in relation to a relevant case (in so far as relevant in the circumstances of the case), subject to the modifications set out in paragraph (4)—

(a) Article 2 (definitions), in so far as relevant to the provision referred to in sub-paragraph (b);

(b) Article 3.

(4) The modifications are—

(a) paragraph 1 of Article 3 is to be read as if—

(i) the first sentence were omitted;

(ii) for the words “such a request” there were substituted “ a request made by a Member State under Article 3(1) ”;

(iii) for the words “the requested Member State” there were substituted “ the United Kingdom ”;

(b) paragraph 3 of Article 3 is to be read as if the words “be authorised to operate in a supporting capacity on the territory of the requesting Member State and” were omitted.

(5) The provisions referred to in paragraph (3) are to be construed (so far as necessary) as if the United Kingdom continued to be a member State.

Transitional provisions – assistance provided to the United Kingdom after commencement day

139

(1) This regulation applies to a relevant case.

(2) For the purposes of this regulation, a “relevant case” is one in which—

(a) the competent authority of the United Kingdom made a request for assistance under Article 3(1) of the Atlas Council Decision (assistance to another member State) before commencement day, and

(b) the requested member State is willing to provide assistance of the kind referred to in Article 3(2) of the Atlas Council Decision in relation to that request on or after commencement day.

(3) The following provisions of the Atlas Council Decision continue to have effect in relation to a relevant case (in so far as relevant in the circumstances of the case), subject to the modifications set out in paragraph (4)—

(a) Article 2 (definitions), in so far as relevant to the provisions referred to in sub-paragraphs (b) to (d);

(b) Article 3(3);

(d) Article 6 (costs).

(4) The modifications are—

(a) paragraph 3 of Article 3 is to be read as if—

(i) in the words before sub-paragraph (a), for the words “the requesting Member State” (in each place) there were substituted “ the United Kingdom ”;

(ii) in sub-paragraph (a)—

(aa) for the words “the requesting Member State”, in the first place it occurs, there were substituted “ the competent authority of the United Kingdom ”;

(bb) for the words “the requesting Member State”, in the second place it occurs, there were substituted “ the United Kingdom ”;

(b) Article 4 is to be read as if—

(i) for the words “another Member State” there were substituted “ the United Kingdom ”;

(ii) the words “under this Decision” were omitted;

(c) Article 6 is to be read as if for the words “The requesting Member State” there were substituted “ The United Kingdom ”.

(5) The provisions referred to in paragraph (3) are to be construed (so far as necessary) as if the United Kingdom continued to be a member State.

Signed

Nick Hurd — Minister of State — 2019-03-28

Explanatory note

(This note is not part of these Regulations)

Footnotes

[^f00001]: 2003 c. 41.

[^f00002]: 2018 c. 16.

[^f00003]: 2002 c. 29.

[^f00004]: 2017 c. 22.

[^f00005]: OJ L No 239, 23.9.2000, pp. 19-62.

[^f00006]: S.I. 2014/3141; as amended by paragraph 380 of Part 2 of Schedule 19 to the Data Protection Act 2018 (c. 12) and by S.I. 2014/3191 and 2016/992.

[^f00007]: 2000 c. 11.

[^f00008]: Section 21E was inserted by S.I. 2007/3398.

[^f00009]: Section 21F was inserted by S.I. 2007/3398.

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