The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019
S.I. 2019/742 · Made 28 March 2019 · Extends to United Kingdom
Exiting The European Union
Arms And Ammunition
Criminal Law
Dangerous Drugs
Investigatory Powers
Police
Proceeds Of Crime
Made 28th March 2019
Coming into force in accordance with regulation 1
M1M2The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1), 69(1), 71(4), 73(5), 84(7), 86(7) and 223(3) and (8) of the Extradition Act 2003 , and by sections 8(1) and 23(1) and (2) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .
A draft of these Regulations has been laid before Parliament and approved by a resolution of each House, in accordance with section 223(5) and (6) of the Extradition Act 2003 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.C1
Annotations to the whole text
Marginal citations
- M1
- M2
Modifications
- C1
Regulations applied (31.12.2020) by The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/908), regs. 1(c), 3(a) (with reg. 3); 2020 c. 1, Sch. 5 para. 1(1)
Contents
- Part 1: Introductory
- 1Citation and commencement
- 2Extent
- 3General interpretation
- Part 2: Child Pornography
- 4Amendment of Council Decision 2000/375/JHA
- Part 3: Counter-Terrorism
- 5Amendment of the Terrorism Act 2000
- 6Transitional provision in relation to amendment of Schedule 4 to the Terrorism Act 2000
- 7Amendment of the Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007
- Part 4: Cross-border Surveillance
- 8Revocation of Council Decisions relating to cross-border surveillance
- 9Consequential amendment of the Regulation of Investigatory Powers Act 2000
- 10Transitional provision – surveillance which is not completed before commencement day
- Part 5: Drug Precursors and Psychoactive Substances
- Chapter 1: Drug precursors
- 11Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008
- 12Amendment of the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008
- 13Amendment of Regulation (EC) 273/2004 of the European Parliament and Council
- 14Amendment of Council Regulation (EC) 111/2005
- 15Amendment of Commission Delegated Regulation (EU) 2015/1011
- 16Amendment of Commission Implementing Regulation (EU) 2015/1013
- Chapter 2: Psychoactive substances
- 17Amendment of the Psychoactive Substances Act 2016
- 18Revocation of Regulation (EC) No 1920/2006
- 19Revocation of Regulation (EU) 2017/2101
- Part 6: Eurojust
- 20Interpretation Not yet in force
- 21Revocation of Eurojust Regulation
- 22Saving provisions – information received before commencement day Not yet in force
- Part 7: European Agency for Law Enforcement Training (CEPOL)
- 23Revocation of The European Police College (Immunities and Privileges) Order 2004
- 24Revocation of Council Decision 2005/681/JHA
- Part 8: European Criminal Record Information System (ECRIS)
- Chapter 1: Amendment of legislation extending to England and Wales, Scotland and Northern Ireland
- 25Interpretation
- 26Revocation of Part 6 of the CJDP Regulations
- 27Saving provisions – information transmitted to the UK Central Authority before commencement day or under Article 62(1)(h) of the withdrawal agreement
- 28Transitional provisions – requests made before commencement day for information from the UK Central Authority
- 29Revocation of Council Decision 2009/316/JHA
- Chapter 2: Amendment of legislation extending to England and Wales and Northern Ireland only
- 30Interpretation
- 31Revocation of the Working with Children (Exchange of Criminal Conviction Information) (England and Wales and Northern Ireland) Regulations 2013
- 32Transitional provision – requests made before commencement day
- Part 9: European Judicial Network
- 33Revocation of Council Decision 2008/976/JHA
- Part 10: EU-LISA
- 34Revocation of Regulation (EU) 2018/1726
- 35Revocation of Council Decisions 2010/779/EU and (EU) 2018/1600
- Part 11: Europol
- 36Interpretation
- 37Revocation of the Europol Regulation
- 38Revocation of Europol Council Decisions
- 39Revocation of Commission Decision (EU) 2017/388
- 40Saving provisions – information provided before commencement day
- 41Revocation of additional legislation
- Part 12: Exchange of Information and Intelligence between Law Enforcement Authorities and Disclosure in Foreign Proceedings
- Chapter 1: Exchange of information and intelligence between law enforcement authorities
- 42Introductory
- 43Revocation of Part 5 of the CJDP Regulations
- 44Transitional provision – requests for information or intelligence received before commencement day
- 45Saving provision – information and intelligence supplied before commencement day or under Article 63(1)(d) of the withdrawal agreement or Article 52(b) of the EEA EFTA separation agreement
- 46Saving provision – representations concerning use of information or intelligence
- 47Saving provision – information obtained by a UK member of an international joint investigation team
- Chapter 2: Disclosure in foreign proceedings.
- 48Amendment of the Anti-terrorism, Crime and Security Act 2001
- Part 13: Explosive Precursors
- 49Amendment of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014
- 50Amendment of the Control of Poisons and Explosives Precursors Regulations 2015
- 51Amendment of Regulation (EU) No 98/2013
- Part 14: Extradition
- 52Interpretation
- 53Amendment of the 2003 Act
- 54Amendment of the Anti-social Behaviour, Crime and Policing Act 2014
- 55Amendment of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003
- 56Amendment of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003
- 57Transitional provision
- Part 15: Firearms
- Chapter 1: Amendment of legislation extending to England and Wales, Scotland and Northern Ireland
- 58Amendment of Commission Implementing Regulation (EU) No 2015/2403
- Chapter 2: Amendment of legislation extending to England and Wales and Scotland
- 59Amendment of the Firearms Act 1968
- 60Saving provision – exemptions from requirement of authority under section 5 of the Firearms Act 1968
- 61Amendment of the Firearms (Amendment) Act 1988
- 62Amendment to the Firearms Acts (Amendment) Regulations 1992
- 63Amendment to the Firearms (Amendment) Act 1988 (Amendment) Regulations 2011
- Chapter 3: ...
- 64Amendment to the Firearms (Northern Ireland) Order 2004 Not yet in force
- 65Saving provision – exemptions from requirement of authority under Article 45 of the Firearms (Northern Ireland) Order 2004 Not yet in force
- Part 16: Football Disorder
- 66Revocation of retained law relating to football disorder
- Part 17: Joint Investigation Teams
- 67Amendment of the Police Act 1996
- 68Amendment of the Police (Northern Ireland) Act 1998
- 69Amendment of the Police and Fire Reform (Scotland) Act 2012
- 70Amendment of the Crime and Courts Act 2013
- 71Revocation of the International Joint Investigation Teams (International Agreement) Order 2004
- 72Saving provision – investigation teams operating in the UK on or after commencement day
- Part 18: Mutual Legal Assistance in Criminal Matters
- Chapter 1: Interpretation
- 73Interpretation
- Chapter 2: Revocation of the 2017 Regulations
- 74Revocation of the 2017 Regulations
- Chapter 3: Amendment of primary legislation consequential upon amendments made by this Part
- 75Amendment of the Criminal Justice Act 1987
- 76Amendment of the Criminal Justice Act 1988
- 77Amendment of the Criminal Procedure (Scotland) Act 1995
- 78Amendment of the Criminal Law (Consolidation) (Scotland) Act 1995
- 79Amendment of the Criminal Justice and Police Act 2001
- 80Amendment of the Criminal Justice Act 2003
- 81Amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004
- 82Amendment of the Investigatory Powers Act 2016
- Chapter 4: Saving provisions relating to European investigation orders
- 83Outgoing European investigation orders (other than relating to the temporary transfer of a prisoner or EU prisoner)
- 84Incoming European investigation order (other than relating to a request for the temporary transfer of a prisoner)
- 85European investigation order made in the United Kingdom relating to the temporary transfer of a prisoner or EU prisoner
- 86European investigation order made in a participating State relating to the temporary transfer of a prisoner or EU prisoner
- Chapter 5: Amendment of the 2003 Act
- 87Amendment of the 2003 Act
- Chapter 6: Amendment and revocation of subordinate legislation made under the 2003 Act
- 88Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009
- 89Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2009
- 90Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009
- 91Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 2) Order 2009
- 92Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009
- 93Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010
- 94Revocation of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2011
- 95Revocation of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2011
- Chapter 7: Saving provisions relating to the amendment of the Crime (International Co-operation) Act 2003 and related legislation
- 96Freezing orders Not yet in force
- 97Requests for information about financial accounts and transactions
- 98Certain mutual legal assistance requests from Iceland
- 98ATransitional provision - requests received before commencement day
- Chapter 8: Other retained EU law relating to mutual legal assistance in criminal matters and certain aspects of police cooperation
- 99Provisions of the 1990 Schengen Convention relating to police cooperation and mutual legal assistance in criminal matters
- 100Third Pillar Conventions
- 101Consequential amendment of the Investigatory Powers (Consequential Amendments etc.) Regulations 2018
- 102Saving provision: requests for the interception of telecommunications under the 2000 MLA Convention
- Part 19: Passenger Name Record Data
- 103Amendment of the Immigration and Police (Passenger, Crew and Service Information) Order 2008
- 104Amendment of the Passenger Name Record Data and Miscellaneous Amendments Regulations 2018
- 105Revocation of Council Decisions 2012/381/EU and 2012/472/EU
- 106Revocation of Commission Implementing Decision 2017/759
- 106ASavings provision - requests received before commencement day
- 106BSavings provision – information received by virtue of the PNR Directive
- Part 20: Proceeds of Crime
- 107Amendment of the Proceeds of Crime Act 2002
- 108Amendment of the Serious Organised Crime and Police Act 2005
- 109Amendment of the Criminal Finances Act 2017
- 110Amendment of the CJDP Regulations
- 111Transitional provisions in relation to amendment of the CJDP Regulations
- 112Revocation of Council Decision 2000/642/JHA and Council Decision 2007/845/JHA
- 113Saving provision Not yet in force
- 113ARevocation of Regulation (EU) 2018/1805
- Part 21: Prüm – Exchange of Data Relating to DNA, Fingerprints and Vehicle Registration
- 114Interpretation
- 115Revocation of the Prüm Decision and related Council Decisions
- 116Revocation of Commission Decision (EU) 2016/809
- 117Revocation of Council Implementing Decisions
- 117ATransitional provision – DNA profiles supplied before commencement day
- 117BSaving provision – information received before commencement day
- Part 22: Schengen Information System (SIS II)
- 118Introductory
- 119Revocation of retained EU law relating to the Schengen information system (SIS II)
- 120Saving provisions – SIS II data and national files
- 121Saving provisions – supplementary information and national files
- Part 23: Serious Crime and Fraud
- 122Amendment of the Serious Crime Act 2007
- 123Revocation of Council Regulation (EU) No 331/2014
- Part 24: Miscellaneous
- Chapter 1: Miscellaneous amendments to police legislation
- Amendment of primary legislation
- 124Amendment of the Local Government (Miscellaneous Provisions) Act 1982
- 125Amendment of the Licensing Act 2003
- 126Amendment of the Anti-social Behaviour, Crime and Policing Act 2014
- 127Amendment of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
- 128Amendment of the Policing and Crime Act 2017
- Amendment of secondary legislation
- 129Amendment of the Police Pensions (Additional Voluntary Contributions) Regulations 1991
- 130Amendment of the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013
- 131Amendment of the Police Pensions Regulations 2015
- Chapter 2: Miscellaneous amendments to investigatory powers legislation
- 132Amendment of the Investigatory Powers Act 2016
- 133Amendment of the Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018
- Chapter 3: International agreements
- 134Revocation of rights etc.
- 135Saving provision
- Chapter 4: Atlas – cooperation between special intervention units
- 136Introductory
- 137Revocation of the Atlas Council Decision
- 138Transitional provisions – assistance provided to member States after commencement day
- 139Transitional provisions – assistance provided to the United Kingdom after commencement day
- Signature
- Explanatory note