UKPGA-2020-29 European Union (Future Relationship) Act 2020 UK

This section applies where—

This section also applies where—

The designated UK authority must notify the central authority of the member State of the conviction.

If the individual is a national of more than one member State, the designated UK authority must notify the central authority of each of those member States of the conviction.

Notification under this section must be given before the end of the period of 28 days beginning with the day on which the conviction is recorded in the criminal records database.

A notification under this section—

If the record of the conviction is amended so as to alter or delete any of the information mentioned in paragraph 13, 14, 16, 17, 19 or 20 of Schedule 1 (information about the conviction), subsections (3) to (6) apply in relation to the amendment as they apply in relation to the conviction.

Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).

For the purposes of this section it does not matter if the individual is a national of the United Kingdom as well as a national of a member State.

This section applies where—

The designated UK authority must retain a record of—

The record may be retained in whatever way the designated UK authority considers appropriate.

If the designated UK authority is notified by the central authority of any amendment or deletion relating to the information contained in the record, the designated UK authority must amend the record accordingly.

Nothing in this section requires the designated UK authority to retain any information if the retention would contravene the data protection legislation (but, in determining whether the retention would contravene that legislation, the duty imposed by subsection (2) is to be taken into account).

Personal data notified to the designated UK authority as mentioned in section 2 may not be transferred to a third country unless conditions A and B are met.

Condition A is that the transfer—

For the purposes of subsection (2)—

Condition B is that the intended recipient has functions relating to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.

See also section 73 of the Data Protection Act 2018 for additional conditions that must be met before personal data may be transferred to a third country (in particular, that the transfer must be necessary for any of the law enforcement purposes).

Where personal data within subsection (1) is transferred to a third country, the person making the transfer must make it a condition of the transfer that the data may be used only for the purpose for which it is being transferred.

In this section—“personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);“third country” means a country or territory other than—the United Kingdom, or a member State.

The designated UK authority may, for any of the law enforcement purposes, make a request to the central authority of a member State for information relating to any overseas convictions of an individual recorded in a criminal records database of the member State.

If an individual who is a national of a member State makes a request to the designated UK authority for information relating to the individual's overseas convictions, the designated UK authority must make a request to the central authority of that member State for information relating to any overseas convictions of the individual recorded in a criminal records database of the member State.

If the individual is a national of more than one member State, the designated UK authority must make a request to the central authority of each of those member States for the information.

Any information provided to the designated UK authority in response to a request made under this section may be used only—

But subsection (4) does not prohibit the use of such information for the purpose of preventing an immediate and serious threat to public security.

In this section “overseas conviction” means a conviction under the law of a country or territory outside the United Kingdom.

If—the designated UK authority must, as soon as practicable before the end of the relevant period, provide the information to the central authority (but see subsection (5)).

Condition A is that the request is made—

Condition B is that the information—

“The relevant period” means the period of 20 working days beginning with the day on which the designated UK authority receives the request.

Subsection (1) does not require the designated UK authority to provide any information relating to a conviction that is spent unless—

If the request has been made for the purposes of determining the suitability of an individual to work with children, the information to be provided under subsection (1) must include any information relating to any conviction of the individual for a child sexual offence (whether or not spent).

Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).

In this section—“ancillary offence” means—an offence of attempting or conspiring to commit a child sexual offence, an offence under Part 2 of the Serious Crime Act 2007 in relation to a child sexual offence, an offence of inciting a person to commit a child sexual offence, an offence of aiding, abetting, counselling or procuring the commission of a child sexual offence, or an offence of being involved art and part in the commission of a child sexual offence;“child” means an individual under the age of 18;“child sexual offence” means—an offence consisting of—the sexual abuse or sexual exploitation of a child, or conduct relating to such abuse or exploitation, an offence relating to indecent images of a child, an offence consisting of any other behaviour carried out in relation to a child that is of a sexual nature or carried out for sexual purposes, or an ancillary offence; and for these purposes “offence” includes an offence under a law that is no longer in force;“conviction” means—a conviction by or before a court in a part of the United Kingdom, a conviction in UK service disciplinary proceedings (whether or not in a part of the United Kingdom), or a conviction under the law of a country or territory outside the United Kingdom;“criminal proceedings” means—proceedings before a court for dealing with an individual accused of an offence, or proceedings before a court for dealing with an individual convicted of an offence, including proceedings in respect of a sentence or order;“working day” means any day other than—Saturday or Sunday, Christmas Day, Good Friday, and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

For the purposes of this section a conviction is “spent” if—

In the criminal records provisions—“central authority”, in relation to a member State, means an authority designated by the government of that member State as the appropriate authority for requesting, receiving or providing information relating to convictions;“conviction”, in relation to UK service disciplinary proceedings—in the case of proceedings in respect of a service offence, includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act; in the case of any other UK service disciplinary proceedings, includes a finding of guilt in those proceedings; and “convicted”, in relation to UK service disciplinary proceedings, is to be read accordingly;“criminal records database” means—in relation to England and Wales, the names database held by the Secretary of State for the use of constables; in relation to Scotland, the criminal history database of the Police Service of Scotland held for the use of police forces generally; in relation to Northern Ireland, the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions; in relation to a member State, any database maintained in respect of the member State that corresponds to the criminal records database for England and Wales;“the criminal records provisions” means sections 1 to 5, this section and Schedule 1;“designated UK authority” means a person designated for the purposes of the criminal records provisions by a direction given by the Secretary of State;“the law enforcement purposes” means the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;“service offence” means—a service offence within the meaning of the Armed Forces Act 2006, or an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);“UK national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, a person who under the British Nationality Act 1981 is a British subject, or a British protected person within the meaning of that Act;“UK service disciplinary proceedings” means—any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006); any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence); any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976.

The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of the criminal records provisions to a conviction of an individual for an offence in respect of which an order has been made discharging the individual absolutely or conditionally—

The appropriate national authority may by regulations amend this section so as to change the meaning of “criminal records database” in relation to a part of the United Kingdom.

For the purposes of subsection (3) the “appropriate national authority” is—

The Secretary of State may disclose vehicle registration data in accordance with—

A disclosure under this section does not breach—

Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation (save that the power conferred by this section is to be taken into account in determining whether any disclosure contravenes that legislation).

Nothing in this section limits the circumstances in which data may be disclosed under any other enactment or rule of law.

“Vehicle registration data” has the meaning given by Article 528 of the Trade and Cooperation Agreement (definitions).

The Accreditation of Forensic Service Providers Regulations 2018 (S.I. 2018/1276) are amended as follows.

In regulation 2 (interpretation)—

In regulation 4 (requirement to use an accredited forensic service provider) in paragraph (2)(b) for “Article 4 of the Framework Decision” substitute “ paragraph 1 of Article LAW.PRUM.16 of the Trade and Cooperation Agreement ”.

In the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 (S.I. 2003/3333) after Article 1 insert—

In Article 2(2) and Article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) omit the entry for each territory that is designated for the purposes of Part 1 of the Extradition Act 2003 by reason of subsection (1) of this section.

The Extradition Act 2003 is amended as follows.

In section 64 (extradition offence: persons not sentenced for offence)—

In section 65 (extradition offence: persons sentenced for offence)—

In section 142 (issue of Part 3 warrant)—

In section 215 (European framework list)—

In Schedule 2 (European framework list)—

Section 155A of the Extradition Act 2003 (category 1 territories not applying framework decision to old cases) is amended as follows.

In the heading, for “framework decision” substitute “ Trade and Cooperation Agreement ”.

In subsection (1)—

In subsection (4)—

This section applies to information which relates to the safety of non-food products and is supplied by the European Commission, or such person as the Commission may specify by written notice to the Secretary of State, to a relevant authority for the purpose of giving effect to a provision of—

A relevant authority may disclose that information for a permitted purpose.

The following are the “permitted purposes” for the purpose of subsection (2)—

A person who receives information as a result of subsection (2) may not—

This section applies to information held by a relevant authority which relates to the safety of non-food products.

A relevant authority may disclose information to the European Commission, or such person as the Commission may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of—

A person commits an offence if the person, in contravention of section 14(4)(b), discloses information which relates to a person whose identity—

It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

A prosecution for an offence under this section—

A person guilty of an offence under this section is liable—

In relation to an offence committed before 2 May 2022, the reference in subsection (4)(b)(i) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

Nothing in section 14 or 15 limits the circumstances in which information may be disclosed under any other enactment or rule of law.

A disclosure under section 14 or 15 does not breach—

Nothing in this section, or in section 14 or 15, authorises a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, the powers conferred by sections 14(2) and 15(2) are to be taken into account).

In sections 14 to 17 and this section—“market surveillance” means any activity conducted or measure taken for the purpose of ensuring that a product complies with relevant legal requirements;“market surveillance authority” means—a person in the United Kingdom with any function of carrying out market surveillance that is conferred by an enactment or rule of law, and a person in any other country or territory with any corresponding function;“non-food product safety annex” means one of the following annexes to the Trade and Cooperation Agreement—Annex 11: Motor vehicles and equipment and parts thereof, or Annex 13 : Chemicals;“permitted purpose” has the meaning given by section 14(3);“relevant authority” means—a Minister of the Crown, or the Health and Safety Executive;“relevant legal requirements” means such requirements of the law relating to a product as apply in the territory in which the product is made available on the market, put into service or put into use.

For the purposes of sections 14 and 15 and this section, information which relates to the safety of non-food products includes—

In the Customs and Excise Management Act 1979, after section 8 insert—

In section 10 of that Act (disclosure by Commissioners of certain information as to imported goods), omit subsection (A1).

In the Taxation (Cross-border Trade) Act 2018—

The Customs and Excise Management Act 1979 is amended as follows.

After section 166 insert—

In section 172 (regulations)—

The arrangements contained in the Protocol have effect (and do so in spite of anything in any enactment).

The Commissioners for Her Majesty's Revenue and Customs are the competent authority in the United Kingdom responsible for the application of the Protocol.

A reference in any enactment to arrangements having effect by virtue of, or by virtue of an Order in Council under, section 173 of the Finance Act 2006 (international tax enforcement arrangements) includes a reference to arrangements having effect by virtue of this section.

In this section “the Protocol” means—

In subsection (4)—

In subsection (5) “the relevant time” means the time at which the protocol mentioned in subsection (4)(a) comes into effect (or, if it comes into effect at different times for different purposes, the earliest such time).

The Commissioners for Her Majesty's Revenue and Customs may by regulations amend subsection (6) so as to substitute a later time for that for the time being specified there.

The 2009 Regulation is amended in accordance with this section.

In Article 2(2) (meaning of “international carriage”), as amended by regulation 13(3)(b) of the 2019 regulations—

In Article 8 (general principle of cabotage), as amended by regulation 13(9) of the 2019 regulations, in paragraph 2, for “three cabotage operations”, in each place it appears, substitute “ two cabotage operations ”.

In this section—“the 2009 Regulation” means Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market;“the 2019 regulations” means the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708).

The Secretary of State may disclose data from the GB electronic register in accordance with—

The Department for Infrastructure may disclose data from the NI electronic register in accordance with—

A disclosure under this section does not breach—

Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation (save that the power conferred by this section is to be taken into account in determining whether any disclosure contravenes that legislation).

Nothing in this section limits the circumstances in which data may be disclosed under any other enactment or rule of law.

In this section—“GB electronic register” means any electronic register maintained by the Secretary of State in accordance with Article 13(1) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement (maintenance of electronic registers of data relating to drivers' cards for tachographs);“NI electronic register” means any electronic register maintained by the Department for Infrastructure in accordance with Article 13(1) of Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement (maintenance of electronic registers of data relating to drivers' cards for tachographs).

The following provisions of the Trade and Cooperation Agreement, in its English language version, form part of domestic law on and after the relevant day—

Any enactment has effect on and after the relevant day with such modifications as—

Subsections (1) and (2)—

The references to the Trade and Cooperation Agreement in—are (except as provided in that definition) references to the agreement as it has effect on the relevant day.

In this section—“domestic law” means—in subsection (1), the law of England and Wales, Scotland and Northern Ireland, and in subsection (3)(a)(i), the law of England and Wales, Scotland or Northern Ireland;“relevant day”, in relation to any provision mentioned in subsection (1) or any aspect of it, means—so far as the provision or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and so far as the provision or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force;“the SSC Protocol” means the Protocol on Social Security Coordination contained in the Trade and Cooperation Agreement, as that protocol is modified or supplemented from time to time in accordance with Article SSC.11(6), Article SSC.11(8) or Article SSC.68 of that protocol; and references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.

Section 4B of the International Organisations Act 1968 (bodies established under the Treaty on European Union) is amended in accordance with this section.

For the title substitute “ The EU and Euratom and related organisations and bodies ”.

For subsection (1) substitute—

In subsection (2)—

In subsection (3)—

After subsection (3) insert—

In subsection (4), for “section, “specified”” substitute.

In regulation 3 of the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019 (S.I. 2019/195) (relevant international agreements)—

In regulation 49 of the Nuclear Safeguards (EU Exit) Regulations 2019 (S.I. 2019/196) (interpretation of Part 13), in the definition of “specified international agreement”, for “paragraphs (c) to (f)” substitute “ any of paragraphs (c) to (f) and (h) ”.

Existing domestic law has effect on and after the relevant day with such modifications as are required for the purposes of implementing in that law the Trade and Cooperation Agreement or the Security of Classified Information Agreement so far as the agreement concerned is not otherwise so implemented and so far as such implementation is necessary for the purposes of complying with the international obligations of the United Kingdom under the agreement.

Subsection (1)—

The references in subsection (1) to the Trade and Cooperation Agreement or the Security of Classified Information Agreement are references to the agreement concerned as it has effect on the relevant day.

In this section—“domestic law” means the law of England and Wales, Scotland or Northern Ireland;“existing domestic law” means—an existing enactment, or any other domestic law as it has effect on the relevant day;“existing enactment” means an enactment passed or made before the relevant day;“modifications” does not include any modifications of the kind which would result in a public bill in Parliament containing them being treated as a hybrid bill;“relevant day”, in relation to the Trade and Cooperation Agreement or the Security of Classified Information Agreement or any aspect of either agreement, means—so far as the agreement or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and so far as the agreement or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force; and references to the purposes of (or having the effect of) implementing an agreement include references to the purposes of (or having the effect of) making provision consequential on any such implementation.

A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate—

Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

Regulations under this section may (among other things and whether with the same or a different effect) re-implement any aspect of—which has already been implemented (whether by virtue of this Act or otherwise).

But regulations under this section may not—

Subsection (4)(b) does not apply in relation to any regulations under this section which are for the purposes of replacing or otherwise modifying, or of otherwise making provision in connection with, the provision made by section 37(4) and (5).

See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).

In this section “relevant agreement” means—

A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate in connection with—

Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

Regulations under this section may not—

See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).

A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate for the purposes of, or otherwise in connection with, the suspension, resumption or termination of—in accordance with the terms applicable to the agreement.

A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate—

A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate—

Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

But regulations under this section may not—

Subsection (5)(c) does not prevent—

See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).

References in this section to the suspension, resumption or termination of a future relationship agreement include references to—

In this section “relevant remedial measures” means—and includes any interim or temporary measures which fall within paragraph (a), (b) or (c) but does not include any suspension, resumption or termination which falls within subsection (1).

There may be paid out of money provided by Parliament any expenditure which the Secretary of State may incur in making payments to the EU or an EU entity to support the PEACE PLUS programme and any successor programmes.

In subsection (1)—“EU entity” means an EU institution or any office, body or agency of the EU;“the PEACE PLUS programme” means the programme of the EU which is the successor to the programme known as PEACE IV (Ireland-United Kingdom).

There may be paid out of money provided by Parliament any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of any future relationship agreement.

A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.

There is to be paid out of money provided by Parliament—

Subsection (3) is subject to any other provision made by or under this Act or any other enactment.

In this section “government department” means any department of the Government of the United Kingdom.

In this Act—“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);“devolved authority” means—the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department;“enactment” means an enactment whenever passed or made and includes—an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act of Parliament, an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative, an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, an enactment contained in, or in an instrument made under, Northern Ireland legislation, an enactment contained in any instrument made by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty, an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, and any assimilated direct legislation;“future relationship agreement” means—the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement, the Security of Classified Information Agreement, or any of the following so far as it is not a treaty to which section 20 of the Constitutional Reform and Governance Act 2010 applies (ignoring section 22 of that Act) (treaties to be laid before Parliament before ratification)—a supplementing agreement, or an agreement under, or otherwise envisaged (whether as part of particular arrangements or otherwise) by, an agreement falling within paragraph (a), (b) or (c) or sub-paragraph (i),(as the agreement concerned is modified or supplemented from time to time in accordance with any provision of it or of any other agreement falling within paragraph (a), (b) or (c) or this paragraph);“member State” does not include the United Kingdom;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;“modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);“Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;“the Nuclear Cooperation Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);“PNR regulations” has the meaning given by section 7(a);“power to legislate” does not include a power—to make rules of procedure for any court or tribunal, or to give directions as to matters of administration;“primary legislation” means—an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of Senedd Cymru, or Northern Ireland legislation;“relevant criminal offence” means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions);“relevant national authority” means—a Minister of the Crown, a devolved authority, or a Minister of the Crown acting jointly with one or more devolved authorities;“assimilated direct CAP legislation” has the same meaning as in the Direct Payments to Farmers (Legislative Continuity) Act 2020 (see section 2(10) of that Act);“retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made;“the Security of Classified Information Agreement” means the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);“subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any primary legislation; and (except in Part 2 of Schedule 5) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after IP completion day (or, in the case of any assimilated direct CAP legislation, on or after exit day) under any assimilated direct legislation;“supplementing agreement” means an agreement which constitutes a supplementing agreement by virtue of Article 2 of the Trade and Cooperation Agreement;“the Trade and Cooperation Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);“treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act);“tribunal” means any tribunal in which legal proceedings may be brought.

For the purposes of this Act, examples of where an agreement or part of an agreement is modified or supplemented in accordance with any provision of the agreement or of any other future relationship agreement include where it is modified or supplemented as a result of—

References in this Act to the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement also include references to the agreement concerned—

Subsection (5) applies if, in accordance with any provision of the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement, any version of the agreement concerned which results from a process of final legal revision replaces from the beginning the signed version of the agreement and is established as authentic and definitive.

References in this Act or any other enactment to the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or (as the case may be) the Security of Classified Information Agreement, or to any provision or collection of provisions of the agreement concerned, are to be read as modified accordingly.

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

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

Part 1 of Schedule 6 contains consequential provision.

A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act.

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

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

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

Section 25(2) extends to Northern Ireland only.

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

Subject to subsection (4), any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

The following provisions—come into force on the day on which this Act is passed.

The provisions of this Act, so far as they are not brought into force by subsection (6), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

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

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

The information mentioned in paragraphs 4, 8 to 12, 15 and 18 is required to be included only if it is recorded in the criminal records database referred to in subsection (1) or (as the case may be) subsection (2) of that section.

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

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

Regulation 2 (interpretation) is amended as follows.

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

Omit the following definitions—“data subject”;“non-UK competent authority”;“the Passenger Name Record Directive”.

In the definition of “processing”—

For the definition of “serious crime” substitute—.

In the definition of “third country”—

For the definition of “terrorist offences” substitute—.

In the definition of “UK competent authority”—

After paragraph (1) insert—

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

In paragraph (2)(c)—

After paragraph (2)(c) insert—.

In paragraph (2)(d)—

After paragraph (2) insert—

Regulation 5 (scope) is amended as follows.

The existing text becomes paragraph (1).

After that paragraph insert—

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

In paragraph (1)—

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

For paragraphs (3) and (4) substitute—

In paragraph (5)—

After paragraph (5) insert—

Omit paragraphs (6) to (8).

In paragraph (9)—

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

In paragraph (1)(a)—

In paragraph (2)—

After paragraph (2) insert—

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

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

In paragraph (1)—

In paragraph (2)—

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

In the heading—

For paragraph (1) substitute—

In paragraph (2)—

In paragraph (2A)—

After paragraph (2A) insert—

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

In paragraph (4)—

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

For paragraph (1) substitute—

After paragraph (1) insert—

In paragraph (2)—

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

After paragraph (3) insert—

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

In paragraph (6) for “upon expiry of the period referred to in paragraph (1)” substitute “ when that data is no longer required in the context of the specific case for which it was transferred to the UK competent authority ”.

Omit paragraphs (7) to (10).

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

After paragraph (1) insert—

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

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

In paragraph (2)—

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

The regulation is—

Regulation 4A has effect as if—For this purpose, “the Agreement”, “designated independent authority” and “the PIU” have the same meanings as in the PNR regulations.

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

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

This paragraph applies if an agreement (a “new agreement”) is made between the United Kingdom and the EU or one or more member States which (whether with or without variation)—

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

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

Paragraph 15 of Schedule 8 to the European Union (Withdrawal) Act 2018 (explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the European Communities Act 1972) does not apply in relation to any modification by virtue of sub-paragraph (3).

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

In regulation 87 (which amends the 2003 Act)—

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

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

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

In regulation 97—

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

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

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

The amendments made by this paragraph apply in relation to requests received by the Secretary of State or (as the case may be) the Lord Advocate after the coming into force of this paragraph.

In Part 2 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (S.I. 2013/2605), article 57 (meaning of customer information) is amended as follows.

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

In paragraph (2)—

In paragraph (3)—

After paragraph (4) insert—

The amendments made by this paragraph apply in relation to requests received by the Secretary of State after the coming into force of this paragraph.

In Part 4 of the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015 (S.I. 2015/206) (customer information orders), article 23 (meaning of customer information) is amended as follows.

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

In paragraph (2)—

In paragraph (3)—

After paragraph (4) insert—

The amendments made by this paragraph apply in relation to requests received by the Secretary of State after the coming into force of this paragraph.

A statutory instrument containing regulations under section 6(3) of the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations under section 6(3) of the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Regulations under section 6(3) of the Department of Justice in Northern Ireland are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

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

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

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

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

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

This paragraph applies to regulations under section 31 of a Minister of the Crown acting jointly with a devolved authority which are to be made before IP completion day.

The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

A statutory instrument containing regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

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

Provision falls within this sub-paragraph if it—

Any other statutory instrument which—is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

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

Regulations under section 31 of the Scottish Ministers acting alone which—are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Any other regulations under section 31 of the Scottish Ministers acting alone which are made on or after IP completion day are (if they have not been subject to the affirmative procedure) subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

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

Any other statutory instrument which—is (if a draft of the instrument has not been laid before, and approved by a resolution of, Senedd Cymru) subject to annulment in pursuance of a resolution of Senedd Cymru.

See paragraph 9 for certain restrictions on the choice of procedure under sub-paragraph (8).

Regulations under section 31 of a Northern Ireland department acting alone which—may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Any other regulations under section 31 of a Northern Ireland department acting alone which are made on or after IP completion day are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

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

This paragraph applies to regulations under section 31 of a Minister of the Crown acting jointly with a devolved authority which are made, or (as the case may be) are to be made, on or after IP completion day.

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 6(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Any other statutory instrument containing regulations to which this paragraph applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 6(2) are subject to the affirmative procedure.

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) or (6) applies and which are subject to the affirmative procedure as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 6(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, Senedd Cymru) subject to annulment in pursuance of a resolution of Senedd Cymru.

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 6(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

If in accordance with sub-paragraph (4),(6), (11) or (13)—nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

In sub-paragraph (14) “relevant devolved legislature” means—

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Sub-paragraph (2) applies if a Minister of the Crown, who is to make within the period of two years beginning with IP completion day a statutory instrument to which paragraph 6(3) applies, is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

The Minister may not make the instrument so that it is subject to that procedure unless—

Condition 1 is that a Minister of the Crown—

Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.

Condition 3 is that the relevant period has ended without condition 2 being met.

Sub-paragraph (7) applies if—

Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.

A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.

In this paragraph “the relevant period” means the period—

For the purposes of sub-paragraph (10)—and, for the purposes of sub-paragraph (10) and this sub-paragraph, a day is only a day on which the House of Commons or the House of Lords is sitting if the House concerned begins to sit on that day.

Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 6(3) applies is made that another procedure should apply in relation to the instrument (whether under paragraph 6(3) or 14).

Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.

Sub-paragraph (2) applies if the Welsh Ministers are to make within the period of two years beginning with IP completion day a statutory instrument to which paragraph 6(8) applies and are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru.

The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

Condition 1 is that the Welsh Ministers—

Condition 2 is that a committee of Senedd Cymru charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before Senedd Cymru as mentioned in sub-paragraph (3)(b)(i) has ended without any recommendation being made as mentioned in sub-paragraph (4).

In calculating the period of 14 days, no account is to be taken of any time during which Senedd Cymru is—

Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph 6(8) applies is made that another procedure should apply to the instrument (whether under paragraph 6(8) or 16).

Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this paragraph applies.

A statutory instrument containing regulations under section 32 of a Minister of the Crown acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Regulations under section 32 of the Scottish Ministers acting alone are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

A statutory instrument containing regulations under section 32 of the Welsh Ministers acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Regulations under section 32 of a Northern Ireland department acting alone may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

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

This paragraph applies to regulations under section 32 of a Minister of the Crown acting jointly with a devolved authority.

The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

A statutory instrument containing regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

A statutory instrument containing regulations under section 33 of a Minister of the Crown acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Provision falls within this sub-paragraph if it amends, repeals or revokes—

Any other statutory instrument containing regulations under section 33 of a Minister of the Crown acting alone is subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations under section 33 of the Scottish Ministers acting alone which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Any other regulations under section 33 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

A statutory instrument containing regulations under section 33 of the Welsh Ministers acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Any other statutory instrument containing regulations under section 33 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of Senedd Cymru.

Regulations under section 33 of a Northern Ireland department acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Any other regulations under section 33 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

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

This paragraph applies to regulations under section 33 of a Minister of the Crown acting jointly with a devolved authority.

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 12(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 12(2) are subject to the affirmative procedure.

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 12(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 12(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

If in accordance with sub-paragraph (4),(6), (11) or (13)—nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

In sub-paragraph (14) “relevant devolved legislature” means—

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Sub-paragraph (2) applies to—

The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.

Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

In calculating the period of 28 days, no account is to be taken of any time during which—

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

Sub-paragraph (8) applies to a statutory instrument to which paragraph 6(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

Paragraph 8 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

Sub-paragraph (2) applies to—

The regulations may be made without being subject to the affirmative procedure if the regulations contain a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to that procedure.

After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament.

Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is—

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

Sub-paragraph (2) applies to—

The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, Senedd Cymru if it contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

After an instrument is made in accordance with sub-paragraph (2), it must be laid before Senedd Cymru.

Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of Senedd Cymru.

In calculating the period of 28 days, no account is to be taken of any time during which Senedd Cymru is—

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

Sub-paragraph (8) applies to a statutory instrument to which paragraph 6(8) applies where the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru.

Paragraph 9 does not apply in relation to the instrument if the instrument contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

Sub-paragraph (2) applies to—

The regulations may be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly if they contain a declaration that the Northern Ireland department concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly.

Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly.

In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is—

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

No provision may be made by a devolved authority acting alone in regulations under section 31, 32 or 33 unless the provision is within the devolved competence of the devolved authority.

See paragraphs 23 to 25 for the meaning of “devolved competence” for the purposes of this Part.

The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.

The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.

Sub-paragraph (1) or (2) does not apply if—

The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under section 31, 32 or 33 so far as that provision, if contained in—would require the consent of a Minister of the Crown.

Sub-paragraph (4) does not apply if—

No regulations may be made under section 31, 32 or 33 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—unless the regulations are, to that extent, made jointly with the Minister of the Crown.

No regulations may be made under section 31, 32 or 33 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.

No regulations may be made under section 31, 32 or 33 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—unless the regulations are, to that extent, made jointly with the Minister of the Crown.

Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

No regulations may be made under section 31, 32 or 33 by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

No regulations may be made under section 31, 32 or 33 by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

No regulations may be made under section 31, 32 or 33 by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

No regulations may be made under section 31, 32 or 33 by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

Sub-paragraph (2), (3) or (4) does not apply if—

Sub-paragraph (2), (3) or (4) does not apply if—

Any power to make regulations under this Act—

For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made or its approval after it is made.

The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made.

Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph (1) and not the procedure mentioned in sub-paragraph (2).

Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Senedd Cymru as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Senedd Cymru.

Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if the references to Parliament were references to the Northern Ireland Assembly.

Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Scottish Parliament, Senedd Cymru or (as the case may be) the Northern Ireland Assembly.

This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).

The definition of “relevant criminal offence” in section 37(1) is to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “ the age of 21 ”.

In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.