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

• (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);

• (c) Article 4 (civil and criminal liability);

• (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

Revocation of Eurojust Regulation

Transitional provision - requests received before commencement day

98A

• (1) Regulation 87(2) (amendment of the 2003 Act) does not apply in respect of any request received by the Secretary of State or by the Lord Advocate before commencement day for a process or other document to which section 1 of the 2003 Act (service of overseas process) applied to be served on a person in the United Kingdom.

• (2) Paragraphs (6), (7) and (13) of regulation 87 do not apply in respect of any request for assistance in obtaining evidence in a part of the United Kingdom that is received before commencement day by the territorial authority for that part of the United Kingdom.

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

Savings provision - requests received before commencement day

106A

• (1) This regulation applies to requests received by the PIU in accordance with Article 9 or 10 of the Directive 2016/681/EU of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime on or before commencement day (and see Article 63(1)(g) of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act).

• (2) The following provisions of the Passenger Name Record Data and Miscellaneous Amendments Regulations 2018 (“the 2018 Regulations”) continue to have effect in relation to those requests as if the amendments made to the provisions by regulation 104 did not apply–

• (a) regulation 6(3) (processing of PNR data by the PIU);

• (b) regulation 9 (requests for PNR data made to the PIU by a non-UK PIU);

• (c) regulations 2 (interpretation) and 3(2)(d) (responsibilities of the PIU), but only for the purposes of the other provisions which continue to have effect by virtue of this paragraph.

• (3) In this regulation, “the PIU” has the same meaning as in the 2018 Regulations.

Savings provision – information received by virtue of the PNR Directive

106B

• (1) This regulation applies to PNR data which was received by the PIU by virtue of Directive 2016/681/EU of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection investigation and prosecution of terrorist offences and serious crime (including that Directive as it applies by virtue of Article 63(1)(g) of the withdrawal agreement).

• (2) The PIU may only transfer PNR data to which this regulation applies, or the result of processing of such data, under regulation 12(2A) of the 2018 Regulations on the basis that the second condition is met if the transfer is being made to a non-UK PIU which is an authority of a member State.

• (3) In this regulation—

• “the 2018 Regulations” means the Passenger Name Record Data and Miscellaneous Amendments Regulations 2018;

• “non-UK PIU”, “the PIU” and “PNR data” have the same meaning as in the 2018 Regulations.

• (4) In respect of regulation 106A (savings provision – requests received before commencement day) and this regulation, see Article 63(1)(g) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act.

Revocation of Regulation (EU) 2018/1805

113A

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 is revoked (but see Article 62(1)(c) and (e) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act).

Transitional provision – DNA profiles supplied before commencement day

117A

Despite the revocations made in regulations 115 to 117 the following provisions of the Prüm Decision continue to have effect—

• (a) Article 5 (supply of further personal data and other information) in relation to the supply by the United Kingdom of further personal data and other information in relation to matches shown under Article 3 or 4 of the Prüm Decision before commencement day;

• (b) Article 7 (collection of cellular material and supply of DNA profiles) in relation to DNA profiles obtained by the United Kingdom before commencement day which were not supplied to the requesting Member State prior to commencement day;

• (c) paragraph 1 of Article 6 (national contact point and implementing measures) so far as it is relevant to paragraphs (a) or (b).

Saving provision – information received before commencement day

117B

• (1) This regulation applies in relation to DNA profiles and personal data received by the United Kingdom before commencement day (and see Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act).

• (2) Subject to the modifications in paragraph (3), with the exception of Article 25, Chapter 6 of the Prüm Decision continues to have effect in relation to the data referred to in paragraph (1).

• (3) The Prüm Decision applies with the following modifications—

• (a) Article 26 is to be read as if—

• (i) in paragraph 1—

• (aa) “by the receiving Member State” were omitted;

• (ab) the words from “and subject only to” to the end were omitted;

• (ii) in paragraph 2, “by the searching or comparing Member State” were omitted;

• (iii) in the text after paragraph 2(c), for “The Member State administering the file may process the data supplied to it”, substitute “The data supplied may be processed”;

• (b) Article 27 is to be read as if “and in compliance with the law of the receiving Member State” were omitted;

• (c) paragraph 1 of Article 28 is to be read as if—

• (i) the first sentence were omitted;

• (ii) after “have been supplied”, there were inserted “by the authorities in the United Kingdom”;

• (iii) for “The Member State or Member States concerned shall be obliged to correct or delete the data”, substitute “The authorities in the United Kingdom shall be obliged to correct or delete any data in respect of which the supplying Member State has made such a notification”;

• (d) paragraph 2 of Article 28 is to be read as if—

• (i) “, in accordance with the national law of the Member States,” were omitted;

• (ii) “subject to the national law of the Member States and” were omitted;

• (e) paragraph 1 of Article 30 is to be read as if the first sentence were “In order to verify the admissibility of the supply, the authorities in the United Kingdom shall log every non-automated supply of personal data by the body administering the file and every non-automated receipt of personal data by the searching body.”;

• (f) paragraph 2 of Article 30 is to be read as if—

• (i) “other” were omitted from paragraph (a);

• (ii) in paragraph (b), for “each Member State” substitute “the United Kingdom”;

• (g) Article 32 is to be read as if, for “The receiving Member State” substitute “The authorities in the United Kingdom”.

Editorial notes