Explanatory note

These Regulations make amendments to the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/697) (“the 2019 Regulations”) and further amendments to the Defence and Security Public Contracts Regulations 2011 (S.I. 2011/1848) (“the 2011 Regulations”).

Regulation 2 makes amendments to the 2011 Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.16). Regulation 2(2) updates the reference to the Common Military List of the European Union so that it refers to the current list (adopted on the 17th February 2020). Regulation 2(3) replaces an out of date reference to European technical approvals and regulation 2(4) corrects a mistaken omission.

Regulation 3(2)(a) makes amendments to the 2019 Regulations in exercise of the powers conferred by section 8A of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to implement Part 4 (transition) of the withdrawal agreement.

Regulation 3(2)(b) makes amendments to the 2019 Regulations in exercise of the powers conferred by section 8(1) of the 2018 Act in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraph (g) of section 8(2)) arising from the withdrawal of the UK from the European Union.

Regulation 3(3) makes amendments to the 2019 Regulations in exercise of the powers conferred by section 8B(1) and (2) of the 2018 Act in order to implement Title 8 (ongoing public procurement and similar procedures) of Part 3 of the withdrawal agreement and the corresponding Title 5 of Part 3 of the EEA EFTA separation agreement^f1. Regulation 3(3) of this instrument replaces the transitional and savings provisions found at regulation 4 of the 2019 Regulations in order to provide, as required by the withdrawal agreement and EEA EFTA separation agreement, for procedures that are ongoing on IP completion day to continue without being subject to any substantive changes in the procurement rules applicable to them.

A full impact assessment has not been produced for this Instrument as no, or no significant, impact on the private or voluntary sector is foreseen.