The European Union (Future Relationship) Act 2020 (Commencement No. 1) Regulations 2020

Statutory Instruments

2020 No. 1662 (C. 54)

European Union

The European Union (Future Relationship) Act 2020 (Commencement No. 1) Regulations 2020

Made

at 2.36 p.m. on 31st December 2020

The Minister for the Cabinet Office, in exercise of the power conferred by section 40(7) of the European Union (Future Relationship) Act 2020(1), makes the following Regulations:

Citation and interpretation

1.—(1) These Regulations may be cited as the European Union (Future Relationship) Act 2020 (Commencement No. 1) Regulations 2020.

(2) In these Regulations, “the Act” means the European Union (Future Relationship) Act 2020.

Provisions of the Act coming into force on IP completion day

2.  The following provisions of the Act come into force on IP completion day—

(a) section 1 (duty to notify member States of convictions);

(b) section 2 (retention of information received from member States);

(c) section 3 (transfers to third countries of personal data notified under section 2);

(d) section 4 (requests for information from member States);

(e) section 5 (requests for information made by member States);

(f) section 6 (interpretation of the criminal records provisions) to the extent that it is not already in force;

(g) section 7 (passenger name record data) to the extent that it is not already in force and save for the extent to which it relates to paragraph 14 of Schedule 2 (passenger name record data);

(h) section 9 (mutual assistance in criminal matters) to the extent that it is not already in force;

(i) section 10 (accreditation of forensic service providers);

(j) section 11 (member States to remain category 1 territories);

(k) section 12 (dual criminality);

(l) section 13 (category 1 territories not applying Trade and Cooperation Agreement to old cases);

(m) section 14 (disclosure of non-food product safety information within UK);

(n) section 15 (disclosure of non-food product safety information to Commission);

(o) section 16 (offence relating to disclosure under section 14(4)(b));

(p) section 17 (general provisions about disclosure of non-food product safety information);

(q) section 18 (interpretation of sections 14 to 17);

(r) section 19 (use of relevant international standards);

(s) section 20 (disclosure of information and co-operation with other customs services);

(t) section 22 (administrative co-operation on VAT and mutual assistance on tax debts);

(u) section 23 (licences for access to the international road haulage market);

(v) section 24 (international road haulage);

(w) section 25 (disclosure of data relating to drivers’ cards for tachographs);

(x) section 26 (social security co-ordination);

(y) section 28 (Nuclear Cooperation Agreement);

(z) section 29 (general implementation of agreements);

(aa) section 39 (consequential and transitional provision etc.) to the extent that it is not already in force;

(bb) Schedule 1 (information to be included in notification of conviction);

(cc) Schedule 2 (passenger name record data) with the exception of paragraph 14, to the extent that it is not already in force;

(dd) Schedule 3 (mutual assistance in criminal matters) to the extent that it is not already in force;

(ee) Schedule 4 (technical barriers to trade: use of relevant international standards); and

(ff) Schedule 6 (consequential and transitional provision etc.) to the extent that it is not already in force.

Provisions of the Act coming into force on 1st March 2021

3.  The following provisions of the Act come into force on 1st March 2021—

(a) section 21 (powers to make regulations about movement of goods);

(b) section 27 (the EU and Euratom and related organisations and bodies); and

(c) section 34 (funding of PEACE PLUS programme).

Michael Gove

Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office

Cabinet Office

At 2.36 p.m. on 31st December 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force provisions of the European Union (Future Relationship) Act 2020 (c. 29) (“the Act”), the Bill for which received Royal Assent earlier in the day on which these Regulations were made. These are the first commencement regulations under the Act. Regulation 2 brings the majority of the provisions set out in these Regulations into force on IP completion day and regulation 3 brings other provisions into force on 1st March 2021. “IP completion day” is defined in Schedule 1 to the Interpretation Act 1978 (c. 30) by reference to section 39(1) to (5) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and means 31st December 2020 at 11 p.m..

(1)

2020 c. 29.