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

CHAPTER 1 Amendment of legislation extending to England and Wales, Scotland and Northern Ireland

Amendment of Commission Implementing Regulation (EU) No 2015/2403

58.—(1) Commission Implementing Regulation (EU) No 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable is amended as follows.

(2) In Article 1 (scope), in paragraph 2—

(a) for “the date of its application” substitute “8 April 2016”;

(b) for “to another Member State” substitute “outside of the United Kingdom”.

(3) In Article 3 (verification and certification of deactivation of firearms)—

(a) in paragraph 1 for “Member States” substitute “The appropriate authority”;

(b) in paragraph 2 for “Member States” substitute “the appropriate authority”;

(c) omit paragraph 3;

(d) in paragraph 4—

(i) for “a deactivation certificate in accordance with the template set out in Annex III” substitute “certification in writing in accordance with the relevant legislation”;

(ii) omit the final sentence;

(e) in paragraph 6 for “Member States” substitute “The appropriate authority”;

(f) after paragraph 6 insert—

“7.   In this Article—

“the appropriate authority” means, in relation to England and Wales and Scotland, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland;

“the relevant legislation” means, in relation to England and Wales and Scotland, section 8(b) of the Firearms (Amendment) Act 1988(1) and, in relation to Northern Ireland, Article 2(7) of the Firearms (Northern Ireland) Order 2004.”.

(4) Omit Article 4 (requests for assistance).

(5) In Article 5 (marking of deactivated firearms)—

(a) the existing provision becomes paragraph 1;

(b) for “the template set out in Annex II” substitute “the relevant legislation”;

(c) omit sub-paragraph (b);

(d) after sub-paragraph (c), insert—

“2.   In this Article, “the relevant legislation” means, in relation to England and Wales and Scotland, section 8(a) of the Firearms (Amendment) Act 1988 and, in relation to Northern Ireland, Article 2(7) of the Firearms (Northern Ireland) Order 2004.”.

(6) Omit Article 6 (additional deactivation measures).

(7) Omit Article 7 (transfer of deactivated firearms within the Union).

(8) Omit Article 8 (notification requirements).

(9) After Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(10) In Annex I (technical specifications for the deactivation of firearms)—

(a) omit “as defined in Directive 91/477/EC”;

(b) omit “In order to ensure a correct and uniform application of the deactivation operations of firearms, the Commission shall elaborate definitions in cooperation with the Member States.”.

(11) Omit Annex II (template for marking of deactivated firearms).

(12) Omit Annex III (model certificate for deactivated firearms).

(1)

1988 c. 45.