European Union (Future Relationship) Act 2020

Commentary on provisions of Act

Section 1: Duty to notify member States of convictions

103. This section places a duty on the UK designated authority to notify the EU Member State(s) (all Member States of which the individual is a national) of the conviction information of an EU national convicted in the UK. The duty is created by subsection (3). The relevant authority is designated by the Secretary of State (see section 6).
104. Subsection (1) sets out that the duty applies where the person has been convicted by or before a court in a part of the UK and the conviction is recorded in the relevant criminal records database.
105. Subsection (2) sets out that the duty also applies to convictions which have arisen in service disciplinary proceedings (including where those have taken place outside of the UK) and the conviction is included in the relevant criminal records database.
106. Subsection (4) provides that where a person is a national of more than one EU Member State, the UK designated authority must notify every EU Member State of which the individual is a national.
107. Subsection (5) requires the notification to be sent within 28 days from the date the conviction information is entered on the relevant criminal records database.
108. Subsection (6) provides that the conviction notification, when sent, must include the information set out in Schedule 1 of this Act and may include any other information the designated UK authority considers appropriate.
109. Subsection (7) sets out that if the conviction information is deleted or amended following the original notification, so as to alter certain key information relating to the conviction, the UK designated authority must send an updated record to the relevant EU Member State(s).
110. Subsection (8) clarifies that the section does not require the UK designated authority to disclose any information if to do so would contravene UK data protection legislation, although in determining whether a contravention exists, this duty must be taken into account.
111. Subsection (9) ensures that convictions relating to a person with more than one nationality are to be disclosed even where one of the nationalities concerned is of the UK.

Section 2: Retention of information received from member States

112. This section places a duty on the UK designated authority to store the information received in relation to a UK national from an EU Member State via a conviction notification, and any further updates or deletions of that conviction information. The duty is created by subsections (2) and (4).
113. Subsection (1) applies the duty in respect of UK nationals convicted under the law of an EU Member State where the central authority of that State notifies the UK of the conviction.
114. Subsection (3) sets out that the UK can store the information by whatever means it considers appropriate to provide flexibility so that the conviction data can be stored on all relevant national systems. In practice, the information will be entered into the criminal records database.
115. Subsection (4) requires the UK designated authority to amend the domestic record if any updates or deletions are received from an EU Member State.
116. Subsection (5) provides that the duty to retain conviction information does not apply where its retention would contravene UK data protection legislation, although in determining whether a contravention exists this duty must be taken into account.

Section 3: Transfers to third countries of personal data notified under section 2

117. This section introduces rules about the circumstances in which personal data notified by an EU Member State may be sent to a country outside of the EU (a third country).
118. Subsection (1) provides that personal data notified by an EU Member State may not be disclosed to a third country unless certain conditions are met.
119. Subsection (2) sets out condition A: that the transfer must be based on data adequacy regulations or the existence of appropriate safeguards.
120. Subsection (3) provides that subsection (2) is to be interpreted in accordance with the definitions of "adequacy regulations" and "appropriate safeguards" provided for in the Data Protection Act 2018.
121. Subsection (4) sets out condition B: that the intended recipient in the third country 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.
122. Subsection (5) clarifies that this section should be read in conjunction with section 73 of the Data Protection Act 2018 which sets out additional conditions that must be met before personal data can be transferred to a third country. For example, the Data Protection Act 2018 provides that the transfer be required for law enforcement purposes and that permission may be needed from the State who provided the data before it can be sent.
123. Subsection (6) places a duty on the person making the transfer to impose a condition that the data may be used only for the purpose for which it is being transferred.
124. Subsection (7) defines "personal data" in accordance with its meaning in the Data Protection Act 2018 and "third country" as meaning a country or territory other than the United Kingdom or an EU Member State.

Section 4: Requests for information from Member States

125. This section enables the UK designated authority to send requests, for law enforcement purposes, to any EU Member State for conviction information on any individual held in their criminal records database and imposes a duty on the UK designated authority to request such conviction information when requested by an EU national. The power is created by subsection (1) and the duty arises under subsection (2).
126. Subsection (1) creates a power for the UK designated authority to send requests for conviction information to any EU Member State for information relating to any overseas convictions of any individual held on their criminal records database for law enforcement purposes.
127. Subsection (2) imposes a duty on the UK designated authority to make a request for conviction information to the relevant authority in the State of nationality, when an EU national requests their criminal record information from the UK designated authority.
128. Subsection (3) provides that where a person who makes a request to the UK designated authority under subsection (2) has more than one nationality, the UK designated authority must make a request to every EU Member State of which the person is a national.
129. Subsection (4) sets out how the conviction information may be used once it is received. The information received may only be used for the purposes for which it was requested and subject to any limitations on use imposed by the EU Member State which transmitted the information.
130. As an exception to subsection (4), subsection (5) provides that the information can be used to prevent a serious and immediate threat to public security.
131. Subsection (6) defines "overseas conviction" as a conviction under the law of a country or territory which is not the UK.

Section 5: Requests for information made by Member States

132. This section places a duty on the UK designated authority to respond to a request made for law enforcement purposes by EU Member States for conviction information held within the criminal records database as soon as practicable but no later than 20 working days from receipt of the request (subsection 4), where certain conditions are met. Subsection (1) creates the duty and the conditions are set out in subsections (2) and (3).
133. Subsection (1) places a duty on the UK designated authority to respond to requests for information relating to an individual’s convictions from EU Member States as soon as practicable and in any event within 20 working days of receipt, where certain conditions are met.
134. Subsection (2) sets out condition A: the request must have been made for a law enforcement purpose or to enable the central authority of the EU Member State to comply with a request made by a UK national for information relating to their convictions.
135. Subsection (3) sets out condition B: the information requested must be recorded on the criminal records database (for any part of the United Kingdom) or otherwise stored following the notification of a conviction from another EU Member State.
136. Subsection (4) provides that "The relevant period" for responding to a request is 20 working days beginning with the day the UK designated authority receives the request.
137. Subsection (5) sets out that, in responding to requests, the UK designated authority does not have to provide information relating to spent convictions unless the request has been made for the purposes of criminal investigation or criminal proceedings, or for the purposes of determining the suitability of an individual to work with children.
138. Subsection (6) creates a duty on the designated UK authority to provide information relating to any conviction of an individual for a child sexual offence (whether spent or not) if the request is made for the purposes of determining the suitability of an individual to work with children.
139. Subsection (7) clarifies that the duties under the section do not require the UK designated authority to disclose any information if it would contravene UK data protection legislation, although the duties imposed by this section should be taken into account when determining this.
140. Subsection (8) provides the relevant definitions for the section.
141. Subsection (9) provides that a conviction is "spent" if it is "spent" within the meaning of the relevant legislation for England, Wales and Scotland or Northern Ireland.

Section 6: Interpretation of the criminal records provisions

142. This section provides definitions for the terms used in the criminal records sections.
143. Subsection (1) provides that the "central authority" means the authority which has been designated by the EU Member States as the appropriate authority to perform the criminal record exchanges with the UK designated authority.
144. Subsection (1) also provides definitions for "conviction" in relation to UK service disciplinary proceedings, as well as "service offence" and "service disciplinary proceedings". "Criminal records database" is defined for England and Wales, Scotland and Northern Ireland. The "designated UK authority" is defined as the person, or body, who has been designated to carry out the powers and duties described throughout these sections by direction made by the Secretary of State. "The law enforcement purposes" are defined as meaning 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. "UK national" is defined to capture all British nationals including those in overseas territories.
145. Subsection (2) provides that certain provisions of law in England and Wales, Scotland and Northern Ireland, which would otherwise deem a conviction of a person discharged absolutely or conditionally not to be a conviction, are disapplied for the purposes of the criminal records provisions. The effect is that such "convictions" are exchanged.
146. Subsections (3) and (4) provide a power for the appropriate national authority, being the Secretary of State for England and Wales, Scottish Ministers for Scotland and Department of Justice for Northern Ireland to change the meaning of "criminal records database" by regulations.

Section 7: Passenger name record data

147. This section introduces Schedule 2 to the Act which contains provision on passenger name record (PNR) data. The Schedule makes amendments to existing legislation to implement the provisions of the Agreement which relate to PNR data and allows the Secretary of State to extend the legislation on the processing of PNR data to operators of international maritime and Channel Tunnel rail services.

Section 8: Disclosure of vehicle registration data

148. This section provides the Secretary of State with the power to disclose certain vehicle registration data in accordance with the Agreement and its Annex, as referenced in subsections (1)(a) and (1)(b) respectively.
149. Subsection (2) sets out that a disclosure of vehicle registration data in reliance on the power is in conformity with the Secretary of State’s other obligations in respect of confidence and restrictions on the disclosure of data.
150. Subsection (3) clarifies that disclosures of vehicle registration data which contravene data protection law are not authorised by this section, but clarifies that the power conferred by this section is to be taken into account when considering whether any disclosure contravenes that law.
151. Subsection (4) specifies that the section does not seek to restrict the circumstances in which data can be exchanged under any other powers of disclosure.
152. Subsection (5) provides that "vehicle registration data" has the same meaning as in Article LAW.PRUM.6: Definitions.

Section 9: Mutual assistance in criminal matters

153. This section introduces Schedule 3 to the Act. The Schedule ensures that the correct legislation is in place to implement the agreements on mutual legal assistance.

Section 10: Accreditation of forensic service providers

154. This section amends the Accreditation of Forensic Service Providers 2018 Regulations (S.I. 2018/1276) ("the 2018 Regulations") so that certain definitions and cross-references which currently refer to the Forensic Services Framework Decision, will instead refer to specific provisions within the Agreement. It does not amend the Regulations in any other way.
155. Subsection (2) modifies definitions in the 2018 Regulations so that they reference the relevant terms in the Agreement, rather than the Forensic Services Framework Decision. Specifically:
     1. Subsection (2)(a) replaces the definitions of "dactyloscopic data", "DNA-profile" and "laboratory activity", with a reference to the definitions in Article LAW.PRUM.6: Definitions of the Agreement. The definitions referred to are identical in substance to those in the Forensic Services Framework Decision.
     2. Subsection (2)(b) removes the definition of "Framework Decision", while subsection (2)(c) inserts a definition of the Agreement.
156. Subsection (3) modifies the 2018 Regulations so that references to forensic service providers accredited in accordance with Forensic Services Framework Decision, now reference those accredited in accordance with the relevant part of the Agreement. The Agreement does not set the standard or mechanism for accreditation, instead referring to a mutually-agreed non-EU International Standards Organisation standard.

Section 11: Member States to remain category 1 territories

157. This section moves the 27 EU Member States back into Part 1 of the Extradition Act 2003 (’the 2003 Act’) in order to implement the Agreements. The EU Member States are otherwise automatically moved from Part 1 into Part 2 by existing regulations the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 at the end of the Transition Period.
158. This section moves the EU Member States immediately back into Part 1, with the effect that, in practice, they never leave Part 1. Specifically:
159. Subsection (1) lists the countries that are to be included in the relevant Part 1 Schedule.
160. Subsection (2) removes these countries from the relevant Part 2 Schedule.

Section 12: Dual criminality

161. This section makes technical amendments to the Extradition Act 2003 ("the 2003 Act")) (subsection (1)).
162. Subsections (2) and (3) make amendments to sections 64 and 65 of the 2003 Act (which define the conduct that constitutes an extradition offence for requests sent to the UK by EU Member States under Part 1 of the 2003 Act) to remove the ability for UK courts to waive the requirement of dual criminality under the Agreements. As a result, the list of exempted offences under the European Arrest Warrant framework, which is made optional under the European Arrest Warrant framework, which is made operational under the Agreement, will no longer be considered by UK courts in relation to any extradition request received by the UK.
163. Subsection (4) makes amendments to section 142 of the 2003 Act to maintain an ability for UK courts to certify when a request sent by the UK relates to conduct which falls in the "framework list". Such certification facilitates the waiver of dual criminality by EU Member States under the Agreement should they choose to do so.
164. Subsections (5) and (6) make amendments to section 215 of and Schedule 2 to the 2003 Act to provide that the list of offences now optionally exempted from dual criminality consideration refers to the Agreement rather than to the arrant European Arrest Warrant Framework Decision. The list is retained in order to provide for the mechanism in subsection (4).

Section 13: Category 1 territories not applying Trade and Cooperation Agreement to old cases

165. This section amends section 155A of the Extradition Act 2003 so that the references to the European Arrest Warrant (EAW) Framework Decision are changed to references to the Agreement. This will allow section 155A to be applied to any Part 1 EU Member State in relation to an extradition request which concerns criminal acts committed before the introduction of the Extradition Act 2003. This will mean that extradition requests that relate to ‘old cases’, which may have been exempted from consideration under the EAW Framework Decision, can continue to be made under different arrangements than the new Agreement (should that be necessary), rather than fall out of any current Part 1 extradition arrangements because of the arrangements in place in specific EU Member States. Specifically:
     1. Subsection (1) introduces the amendments to section 155A.
     2. Subsections (2) and (3) insert new definitions to align with those in the Agreements.
     3. Subsection (4) removes references to the previous regime and inserts references to align with those in the Agreements.

Section 14: Disclosure of non-food product safety information within UK

166. The section establishes a gateway for the UK to share non-food product safety information received from the European Commission, or a person nominated by the European Commission, in the UK provided it is for a permitted purpose. This section will ensure that information received by the contact point in the UK Government can be disseminated to the appropriate person so that the information can be used for the protection of consumers and others.
167. Subsection (1) outlines that the section applies where a "relevant authority" i.e. a Minister or the Health and Safety Executive receives non-food product safety information from the European Commission, or a person nominated by the European Commission, for the purpose of giving effect to a provision under Article TBT.9 (or an annex to Article TBT.9) or the chemicals and automotive annexes to the TBT Chapter.
168. Subsection (2) provides that a Minister or the Health and Safety Executive, can disclose non-food product safety information received from the EU for a permitted purpose. There is no restriction on who the information can be shared with, provided it is for the permitted purpose. In practice, it is expected that this information will be shared with public authorities, such as market surveillance authorities and the Crown Dependencies, as part of their inclusion in the TCA.
169. Subsection (3) defines a "permitted purpose". A permitted purpose is one of the following: to ensure health and safety, ensure the protection of consumers, and ensure the protection of the environment. These reflect the purposes outlined in Article TBT.9(6)of the TCA. These are broad purposes and will include health and safety in the workplace.
170. Subsection (4) provides that a person who receives EU non-food product safety information, under section 14(2), may only use the information for a permitted purpose, and may not further disclose the information except with the consent of the relevant authority. These restrictions take account of provisions in Article TBT.9 that the information can only be used for certain purposes and that information must be treated confidentially.

Section 15: Disclosure of non-food product safety information to Commission

171. The section establishes a gateway enabling a Minister or the Health and Safety Executive to share with the European Commission, or a person specified by the European Commission, information which relates to non-food product safety as defined in section 18.
172. Subsection (1) provides that this applies to information which relates to the safety of non-food products, as defined in section 18, which is held by a Minister or the Health and Safety Executive.
173. Subsection (2) establishes a gateway for a Minister or the Health and Safety Executive to share for the purpose of giving effect to Article TBT.9 (or an annex to Article TBT.9) or the chemicals or motor vehicles annexes. This provision is therefore limited to sharing for the purpose of the TCA. The TCA establishes contact points through which this information will be exchanged between the UK Government and the European Commission.

Section 16: Offence relating to disclosure under section 14(4)(b)

174. The section restricts how a person who receives EU information on non-food product safety can use that information.
175. Subsection (1) provides that if a person discloses non-food product safety information without the consent of a Minister or the Health and Safety Executive, and a person’s identity is revealed by that disclosure, the person will have committed an offence. This includes the identity of a legal, as well as a natural, person. As is common with criminal offences, this will not apply to unintentional disclosure.
176. Subsection (2) provides a defence for someone charged with an offence under this section, which is if the person reasonably believed that the disclosure was lawful or that the information had already been lawfully made public. For example, a defence would apply if the information had already been made publicly available on an EU database.
177. Subsection (3) provides that for an offence under this section to be brought in England and Wales or in Northern Ireland, the consent of the Director of Public Prosecutions and of the Director of Public Prosecutions Northern Ireland is required, respectively. In Scotland, the Procurator Fiscal handles all prosecutions in the public interest, so there is no need for an equivalent provision to be made for Scotland.
178. Subsection (4) provides the penalties for a person guilty of improperly disclosing non-food product safety information.
179. Subsection (5) reflects the fact that the provision increasing the statutory maximum term of imprisonment on summary conviction in England and Wales has not yet been commenced. This means that where a person is found guilty of committing an offence in England and Wales in relation to acts of disclosure that took place before this provision is commenced, the maximum term of imprisonment is 6 months.

Section 17: General provisions about disclosure of non-food product safety information

180. The section provides for how the previous sections interact with existing obligations and requirements in relation to the disclosure of information.
181. Subsection (1) provides that nothing in section 14 or section 15 prevents disclosure under another enactment or rule of law.
182. Subsection (2) provides a general disapplication of constraints on disclosure of certain information held by the Minister or the Health and Safety Executive to enable this information to be shared. As a result, disclosure under this section does not breach any obligations of confidence owed by the Minister or the Health and Safety Executive or any other restriction on the disclosure of this information. This enables information held by the Minister or the Health and Safety Executive to be disclosed provided section 14 or section 15 are satisfied. This will not affect obligations of confidence owed under the TCA.
183. Subsection (3) confirms that nothing in these sections (14, 15, 17) permits disclosure of information which is not also permitted under data protection legislation.

Section 18: Interpretation of sections 14 to 17

184. This section defines the scope of information which relates to non-food product safety that can be shared under section 14 and section 15. The scope of this section catches the broad range of information that could be shared pursuant to Article TBT.9 (or any annex to that Article) of the TCA, and the annexes on chemicals and motor vehicles and equipment and parts thereof.
185. Subsection (1) provides a list of definitions for terms that are used in the section, and in sections 14 to 17. It includes a broad definition of "market surveillance" and "market surveillance authority" that will include the activities of enforcement authorities. This includes bodies like Local Authority Trading Standards, who carry out market surveillance for a range of products in their own area, as well as specialised agencies like the Maritime and Coastguard Agency who carry out market surveillance for specific products like marine equipment.
186. Subsection (2) sets out a non-exhaustive definition of non-food product safety information. This will include the compliance of products, as well as whether they are safe, and will include the information listed in Article TBT.9(3) of the TCA and information under the annexes on chemicals and motor vehicles.

Section 19: Use of relevant international standards

187. This section introduces Schedule 4 which amends provisions regarding designation of standards in certain product legislation.

Section 20: Disclosure of information and co-operation with other customs services

188. This section inserts two new sections into the Customs and Excise Management Act 1979 ("CEMA"). These provisions provide a legal basis for information disclosure for domestic purposes but also for the purposes of meeting international obligations. An example of this would be where HMRC is under an international obligation to disclose information relating to prohibitions and restrictions on imported or exported goods to the National Crime Agency or other Government departments. Such information disclosure provides the Government with better access to compliance data and improves its efficacy in protecting revenue and preventing fraud.
189. Subsection (1) of the section inserts new sections 8A and 8B into CEMA.
190. New section 8A (1) sets out the general power for HMRC to disclose information related to its customs functions, specifically for purposes connected to those functions.
191. Section 8A (2) defines HMRC’s customs functions as covering both the regulation of duty and the more general movement of goods, including movements of cash.
192. Section 8A (3) sets out general principles of confidentiality including use and disclosure of information. Any person who receives information under this section may use it only for the purpose for which it was disclosed, and cannot forward it on (or otherwise further disseminate it) without HMRC’s consent.
193. Section 8A (4) confirms that this data sharing section does not limit or constrain data sharing powers in the Commissioners for Revenue and Customs Act 2005 or in any other enactment or rule of law. In effect this means that any restrictions on the sharing of data under this provision are limited to the scope of this Act.
194. Section 8A (5) ensures that this section does not affect the circumstances in which information may be disclosed and ensures that nothing in this section breaches existing legislation relating to information sharing.
195. Section 8A (6) defines the legislation referenced in subsection (5).
196. Section 8A (7) clarifies the interaction with the proposed section 8B. In the context of TCA commitments, section 8A will provide a legal basis for disclosure, such as to relevant bodies to support HMRC’s customs functions, and meet commitments in the TCA around coordination of all border agencies, while section 8B will provide a basis for cooperation, including by way of information disclosure with other customs services.
197. Section 8A (8) defines "HMRC" and "cash" for the purposes of this section.
198. New section 8B of CEMA allows HMRC to cooperate with other customs services on matters of mutual concern and for the purposes of implementing any international obligations of the United Kingdom. This would include the TCA Protocol on Mutual Administrative Assistance in Customs Matters, which commits HMRC to exchanging information with EU Member State authorities to facilitate effective targeting and identification of non-compliant or fraudulent activity and combat any breach of customs legislation.
199. Section 8B (1) is in identical terms to the Taxation (Cross-border Trade) Act 2018 ("TCTA") section 26(1). The inclusion of provision for anyone acting on behalf of HMRC is intended to reflect the role that other Government departments and agencies, particularly Border Force, play in the management of customs issues.
200. Section 8B (2) provides for cooperation, including exchange of information, with other customs services for the purpose of implementing international obligations. As an example, HMRC may exchange personnel or expertise with Member States in order to share best practice or undertake initiatives such as pilot projects to support respective customs regimes. HMRC may also engage with customs services from other countries as TCA commitments on cooperation to secure global supply chains can involve trade across a number of territories.
201. Sections 8B (3) to (7) contain similar provisions to section 8A providing for safeguards on the use of any information disclosed in the course of cooperation.
202. Section 8B (8) defines the scope of co-operation as any international obligation defined in any international agreement to which the UK is party for the purposes of this section .
203. Subsections (2) and (3) of this section make consequential changes to the CEMA and the TCTA to tidy up the statute book and avoid duplication.

Section 21: Powers to make regulations about movement of goods

204. This section further amends the Customs and Excise Management Act 1979 ("CEMA") by inserting three new sections into the Act relating to maintaining security and safety standards of goods.
205. Subsections (1) and (2) of this section amend CEMA by inserting new sections 166A, 166B and 166C.
206. New section 166A(1) gives HMRC the power to make regulations for the purpose of monitoring and controlling the movement of goods for the purposes of combating risks to public health or safety, national security, or the environment, including plant or animal health.
207. In practice this power would enable changes to be made to the legislative framework in the United Kingdom which govern entry and exit summary declarations and related processes, including as a result of any changes to international standards.
208. Section 166A (2) provides a power to allow HMRC to make regulations to implement further international obligations relating to the movement of goods. This could include, for example, other international agreements regulating trade in endangered species or other goods subject to a prohibition or restriction. It could also support any legislative changes required to support any further customs cooperation initiatives which the Parties may agree within the framework of co-operation provisions set out in the TCA.
209. Section 166A (3) offers indicative examples of the activities which may be regulated for. This includes information and declaratory requirements but also practical activity which would be carried out by Border Force on the ground, including searches, sampling of goods and subsequent handling of goods, including seizure and disposal.
210. Section 166A (4) defines the movement of goods as a movement into, out of or within the United Kingdom and including a reference to their loading or unloading.
211. Section 166A (5) defines "international obligation of the United Kingdom" to include obligations under international agreements or arrangements to which the UK is a party, whenever these were entered into.
212. Section 166A (6) confirms that the power is capable of being exercised before a relevant international agreement or arrangement comes into effect, in case it is required to support the introduction of the agreement or arrangement.
213. New section 166B (1) allows HMRC to disapply or simplify relevant requirements for operators with Authorised Economic Operator status for security and safety purposes (AEO-S) or take the status of AEOs into account in the exercise of a power or function under the regulations.
214. Section 166B (2) provides a definition for "authorised economic operator" for this purpose and defines the relevant legislation as being the CEMA and customs legislation within the meaning of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code.
215. Section 166B (3) sets out that regulations may specify criteria that can be applied in determining whether or not AEO status should be granted, making the granting of AEO status conditional on compliance with conditions specified, and establish different classes of AEO.
216. New section 166C sets out further provisions and limitations concerning the regulation-making provisions in section 166A and makes consequential changes to CEMA.
217. Section 166C (1) sets out a list of ways that the powers given by section 166A can be exercised. For example, HMRC would need the power to impose fees for the exercise of functions in connection with these provisions, or to sanction a person if they do not comply with a requirement that is imposed.
218. Sections 166C (2) and (3) provide that HMRC may set out in a public notice the administrative requirements relating to any requirement or condition imposed by the regulations or any declaration or application for which provision is made by the regulations.
219. Section 166C (4) set limitations on regulations made under section 166A, ensuring that regulations cannot be used to impose or vary the amount of any duty or other form of taxation, or establish a public authority.
220. Section 166C (5) sets out that regulations cannot include provisions which would fall within the legislative competence of the devolved administrations.
221. Section 166C (6) provides the power that regulations made under section 166A can amend an enactment as defined in this Act, which ensure that it can apply to the relevant retained EU law.
222. Section 166C (7) clarifies certain definitions for the purposes of the subsection.
223. Subsection (3) of this section makes an amendment to section 172 of CEMA provisions to ensure that any statutory instrument to be made under new section 166A must be subject to the affirmative procedure if it were to amend primary or devolved legislation.

Section 22: Administrative co-operation on VAT and mutual assistance on tax debts

224. This section implements the Protocol on administrative cooperation and combating fraud in the field of Value Added Tax and on mutual assistance for the recovery of claims relating to taxes and duties ("the Protocol") to the TCA into UK law.
225. Subsection (1) gives effect to the Protocol in domestic law and clarifies that this is in spite of any previous enactment.
226. Subsection (2) names HMRC as the relevant authority, as the Protocol requires the UK to designate a single competent authority for its operation.
227. Subsection (3) allows arrangements made under section 173 of the Finance Act 2006, which provides for the implementation of international tax arrangements, to be used for the operation of the Protocol.
228. Subsection (4) defines the Protocol as that contained in the TCA and associated Specialised Committee decisions. The Protocol’s Annex and the Specialised Committee decisions provide for the operational detail of the arrangements, to meet the obligations set out in the Protocol.
229. Subsections (5) and(6) stipulate that the Protocol and Specialised Committee decisions have effect in domestic law as they stand at the coming into force of the TCA.
230. Subsection (7) allows for future amendments to domestic law by regulation, for example to give effect to future decisions of the Specialised Committee or to any future amendments to the Protocol.

Section 23: Licences for access to the international road haulage market

231. This section updates the model UK Licence for the Community which UK operators have to obtain and carry when operating in the EU. The section replaces an older version of the model UK Licence for the Community contained in the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019, with a new model reflecting the journeys allowed under the TCA. This will mean that UK road haulage operators can be issued with the correct documentation to lawfully access the EU market after the end of the Transition Period.
232. Annex II of Regulation (EC) 1072/2009 in retained EU law is replaced with a new Annex containing the new model UK Licence for the Community, as agreed under the TCA. The model licence substituted by this section is intended to be the model set out in the English language version of the TCA.

Section 24: International road haulage

233. This section makes amendments to retained EU law to reflect the types of international road haulage journeys which are permitted under the TCA. The section amends the definition of "international carriage" for these purposes. It also sets out the permitted number of journeys an EU haulier can carry out within the UK to collect and drop off goods after an international journey, and the timeframe that these journeys can take place within.
234. Subsection (1) sets out that the provision relates to retained EU legislation, as set out in subsection (4). The retained EU legislation that is amended by this provision is 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 2009 regulations"), as amended by the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708).
235. Subsection (2) makes specific amendments to the 2009 regulations (as amended) to change the definition of "international carriage" to reflect the types of international journeys for which a licence is required. The amendment permits a UK haulier to carry goods between two Member States following an international journey from the UK to the first Member State (a "cross-trade" journey). This is in addition to those permitted journeys already set out in the 2009 regulations.
236. Subsection (3) amends the 2009 regulations (as amended) to specify the journeys that an EU haulier is permitted to carry out within the UK after dropping the final part of their international load within the UK (a "cabotage" journey), and vice versa. The provision changes the number of permitted journeys within a specified period.
237. Subsection (4) sets out the retained EU legislation that is amended by the provision.

Section 25: Disclosure of data relating to drivers’ cards for tachographs

238. This section allows the continuation of data sharing related to drivers’ cards for tachographs. This data sharing is currently in place and this provision allows this data sharing to continue in the same manner after the end of the Transition Period.
239. Subsection (1) allows the Secretary of State to continue to disclose data held on Great Britain (GB) electronic registers.
240. Subsection (2) allows the Department for Infrastructure for Northern Ireland to disclose data held on Northern Ireland electronic registers. This data is disclosed to allow for the interconnection and accessibility of electronic registers so that the TACHOnet messaging system may be used throughout the EU and the UK to exchange data related to drivers’ cards for tachographs. This will allow licencing authorities in the UK and the EU to make the necessary checks when they receive a driver card application and for roadside enforcement.
241. Subsections (1) and (2) also enable control officers to access the electronic registers to these electronic registers to check the status of a driver card.
242. Subsection (3) confirms that disclosures under this provision do not breach obligations of confidence owed by the Secretary of State and the Department for Infrastructure and that the disclosures under this provision do not breach any other restrictions on the disclosure of this data.
243. Subsection (4) states that the sharing of data related to drivers’ hours for tachographs does not contravene data protection legislation, whilst subsection (5) clarifies that the data may also be disclosed where permitted by other enactment or rule of law.
244. Subsection (6) defines terms used in this section.

Section 26: Social security co-ordination

245. This section gives effect to the Protocol on Social Security Coordination and specified relevant provisions of the TCA ("the Protocol") by providing that they form part of domestic law and provides that domestic legislation has effect with modifications required to give effect to the Protocol and specified relevant provisions, where those modifications can be ascertained from the Protocol or specified relevant provisions or otherwise from the TCA.
246. Subsection (1)(a) gives effect to the Protocol in domestic law (defined as being the law of England and Wales, Scotland and Northern Ireland, in subsection (5)(a) and (b)).
247. Subsections (1)(b) and (c) give effect in domestic law to:
     1. Title I of Heading 4 of Part II (Trade) of the TCA (which is a provision setting out a number of overarching principles relating to the application of the Protocol); and
     2. Articles COMPROV.17 and FINPROV.2 of the TCA so far as applying the SSC Protocol.
248. Subsection (2)(a) and (b) modify domestic law so far as required for the purposes of implementing the Protocol under subsection (1).
249. Subsection (3)(a) provides that implementation of the Protocol in subsection (1) is subject to provisions made under or by this Act and other domestic law for the purposes of implementing the Protocol, the TCA, or any other future relationship agreement. Subsection (3)(a) makes clear that departments may use secondary legislation to implement and operationalise aspects of the agreement (such as the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019 (S.I. 2019/1293)).
250. Subsection (3)(b) provides that subsection (1) does not limit the scope of any other power which could be used to implement the Protocol or the TCA.
251. Subsection (4) provides that references to the TCA, in subsections (1) and (2), and the definition of the Protocol in subsection (5), are to be read as being the Agreement as it has effect on the relevant day (for any provision that is provisionally applied, defined in subsection (5) as the time and day from which provisional application applies; for any provision that is not provisionally applied, defined as the time and day when it comes into force).
252. Subsection (5) defines terms used in this section including defining "the SSC Protocol" as the Protocol and Annexes including as modified in accordance with Articles SSC.11(6), SSC.11(8) or SSC.68 of the Protocol.

Section 27: the EU and Euratom and related organisations and bodies

253. This section amends an existing power, exercisable by Her Majesty by Order in Council, under the International Organisations Act 1968 to provide for the conferral of privileges and immunities on organisations and bodies in relation to which the UK will have obligations by virtue of its future relationship with the EU and Euratom, as well as on the EU and Euratom themselves.
254. Subsection (1) provides that section 4B of the International Organisations Act 1968 is amended in accordance with the rest of the section.
255. Subsection (2) is a textual amendment to the title of section 4B of the International Organisations Act 1968 so that it refers to "the EU and Euratom and related organisations and bodies".
256. Subsection (3) amends section 4B(1) of the International Organisations Act 1968 so that the power applies to the EU, Euratom, or any EU or Euratom organisation or body that the UK or Her Majesty’s Government owes obligations to under the terms of any international agreement entered into by the UK or Her Majesty’s Government.
257. Subsections (4) and (5) make textual amendments to sections 4B(2) and 4B(3) of the International Organisations Act 1968 to ensure that the powers to provide privileges and immunities under section 4B(2) of the International Organisations Act 1968 may be conferred upon the EU, Euratom, and any relevant EU or Euratom organisations and bodies.
258. Subsection (6) inserts a new section 4B(3A) into the International Organisations Act 1968 to ensure that the power conferred by section 4B(2) includes the power to make any appropriate consequential amendments. These are amendments that may be needed as a result of the EU, Euratom or any relevant EU or Euratom organisation being granted privileges and immunities under section 4B(2) of the International Organisations Act 1968. This includes the power to amend retained EU law.
259. Subsection (7) inserts definitions of "body" and "EU or Euratom organisation or body" into section 4B of the International Organisations Act 1968.

Section 28: Nuclear Cooperation Agreement

260. This section provides for two changes to existing legislation.
261. Subsection (1) amends regulation 3 of the Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019 to ensure that the UK-Euratom NCA is added to the definition of "relevant international agreement" for the purpose of the Energy Act 2013.
262. Subsection (2) amends regulation 49 of the Nuclear Safeguards (EU Exit) Regulations 2019 ("NS Regulations") to ensure that the UK-Euratom NCA is added to the definition of "specified international agreement" for the purpose of Part 13 those regulations.

Section 29: General implementation of agreements

263. This section provides that domestic law is to have effect with the modifications that are required for implementation of the TCA and the Security of Classified Information Agreement. It only applies to provisions of the Agreements which are not implemented by another mechanism and is designed to ensure that all aspects of the Agreements are implemented to the extent necessary to comply with international obligations.
264. Subsection (1) provides that existing domestic law is to be read with such modifications necessary to comply with the Agreements.
265. Subsection (2) limits the use of the glossing mechanism in subsection (1), so that any equivalent or other provision in or under this Act or in or under any other Act used for the purposes of implementing the Agreements has precedence. Subsection (1) cannot limit any power to give effect to such an obligation.
266. Subsection (3) provides that references to the Agreements in subsection (1) are to be read as those that have effect when the Agreements come into force or are provisionally applied.
267. Subsection (4) defines the terms used in this section.

Section 30: Interpretation of agreements

268. This section recognises in domestic law the principles, themselves a reflection of customary international law practice, contained in COMPROV.13 in the TCA.
269. COMPROV.13 provides that the provisions of the TCA and any supplementing agreements shall be interpreted in good faith in accordance with their ordinary meaning in their context, in light of the object and purpose of the agreement in accordance with customary rules of interpretation of public international law, including those codified in the 1969 Vienna Convention on the Law of the Treaties.
270. There is no obligation to interpret the provisions of the TCA, or any supplementing agreement, in line with the domestic law of either party. An interpretation of the Agreements by the courts of either party will not bind the courts of the other Party. Therefore, UK courts are not bound by any interpretation of these Agreements by the Court of Justice of the European Union.

Section 31: Implementation power

271. This section ensures that the Agreements can be fully and effectively implemented in line with the UK’s obligations under those Agreements. It does so by way of granting a power to make appropriate regulations to implement those agreements or to deal with matters arising from or related to those Agreements.
272. Subsection (1) provides a Minister of the Crown, a devolved authority, or a Minister of the Crown acting jointly with one or more devolved authority, with a power to make secondary legislation for the purposes of implementing the relevant Agreements (which are defined in subsection (7) below). The power applies to those Agreements as they are updated which allows for the power to be used to implement changes to the Agreements. This power also allows Ministers to make provision to deal with matters arising from or related to these Agreements; for example, decisions made by the UK-EU Partnership Council.
273. Subsection (2) provides that secondary legislation made under the power in this section is capable of doing anything an Act of Parliament can do.
274. Subsection (3) provides that the power can be used to reimplement any aspect of the Agreements, where it has already been implemented. This allows the power to be used to make more specific and detailed implementation where the Agreements have already been implemented under the general implementation section.
275. Subsection (4) places a series of restrictions on the power. The power cannot be used to: impose or increase taxation; make retrospective provision; create a relevant criminal offence; amend or repeal key devolution legislation (with limited exceptions) or amend, repeal or revoke the Human Rights Act 1998 and any legislation made under that Act.
276. Subsection (5) provides for an exception to the restriction on making retrospective provision, by stating that this restriction does not apply if a regulation is made under this power in connection with the replacement and/or modification of any references to the Agreements, where this happens after a final legal revision.
277. The scrutiny procedures, and restrictions for devolved authorities, for this power are set out in Schedule 5.
278. Subsection (7) defines "relevant agreements" for this section. This includes any agreements covered by Article 2.4.4. of Chapter 2 of Title XI of Part 2 of the TCA, which envisages a competition cooperation agreement.

Section 32: Powers relating to the start of the agreements

279. This section provides a power for Ministers, the devolved authorities and Ministers and the devolved authorities acting jointly to deal with certain matters that might arise as a result of the provisional application of the Agreements by the UK and EU where relevant. This includes dealing with matters that might arise as a result of a ‘gap’ between the end of the transition period and the start of the Agreements coming into force or being provisionally applied.
280. This is a contingency, and is a power which is unlikely to be used as the UK and EU have agreed that provisional application will occur from the end of the transition period as long as both parties have been able to take the necessary steps to facilitate provisional application ahead of that time. This power would also allow parts of the Act which have been brought into force to facilitate the provisional application of the Agreements to be effectively ‘turned off’ again if ratification was not to go ahead and provisional application of the Agreements needed to be stopped.
281. Subsection (3) places the following limits on regulations that can be made under this provision: regulation may not create a relevant criminal offence; amend, repeal or revoke the Human Rights Act 1998 or legislation made under it, or amend or repeal the devolution Acts subject to limited specific exclusions.
282. The procedure for regulations made under this power are set out in Schedule 5, and described below.
283. This power is part of a set of provisions made in the Act to enable provisional application of the Agreements where necessary. The main other provisions necessary for making provisional application work are the following:
     1. A gloss in the interpretation provisions at section 37(3) which allows references in the Act to the Agreements or to parts of the Agreements to be read as references to the relevant agreement as provisionally applied;
     2. The definition of "relevant day" in section 29(4) general implementation of agreements which makes the provision in section 29(1) (discussed above - which requires pre-existing domestic legislation to be read as if it was compliant with the Agreements) work in a provisional application scenario from the time the Agreements are provisionally applied; and
     3. the commencement power at section 40(7) (discussed below) which gives flexibility to turn provisions in the Act on as and when they are needed.

Section 33: Powers relating to the functioning of the agreements

284. Subsection (1) provides Ministers, the devolved authorities or Ministers acting jointly with the devolved authorities with the power to make regulations which they consider appropriate for the purposes of implementing a decision to suspend, terminate, or resume, in whole or in part, the Agreements covered by the section. This power is to be used in accordance with the relevant provisions in the TCA; there are specific cases in which the Agreements, or parts thereof, can be suspended or terminated, such as a breach of the ‘essential elements’ Articles.
285. Subsection (2) provides the same relevant authorities with an equivalent power to make regulations which they consider appropriate to implement any remedial measures taken under the Agreements. By way of example, this includes Article INST.36 of the TCA, allowing either party to take exceptional, short-term measures to protect certain interests in the event of serious economic, societal or environmental difficulties.
286. Subsection (3) provides Ministers with the power to make regulations that they consider appropriate to implement any resolution to a dispute that has been agreed by both the UK and EU, under the relevant Agreements. This power can also be used in relation to any other decision of the United Kingdom associated with any such dispute resolution except for a decision to suspend, resume, terminate or take safeguard or rebalancing measures. For the avoidance of doubt, safeguard and rebalancing measures can be separate from dispute resolution procedures (although the correct application of such measures is subject to the dispute resolution procedure in the TCA).
287. Subsection (4) provides that the power can do anything that an Act of Parliament can do, including modifying this Act.
288. Subsection (5), provides constraints on this power. It cannot make retrospective provision, create a relevant criminal offence, confer a power to legislate, implement a ruling of an arbitration tribunal under the Agreements, amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or amend or repeal key devolution legislation (with limited exceptions).
289. Subsection (6) provides that the limit on conferring a power to legislate does not prevent the modification or extension of such a power. In the case of extension, this would be limited to instances where it is being extended for a reason that is similar to the power’s original intent.
290. Subsection (7) refers to Part 2 of Schedule 5, which sets out restrictions relating to any devolved exercise of this power.
291. Subsection (8) clarifies that suspension, resumption or termination includes any measures taken by the parties under the Agreements that result in the equivalent effect but that may be referred to differently in the text. For example, if a provision in the agreement was to "cease to apply" or there is a "cessation of cooperation" leading to the same practical effect as suspension or termination.
292. Subsection (9) defines "rebalancing measures" with reference to such measures as the Parties are permitted to take under Article INST.36 of the TCA, as well as any other safeguard, remedial, rebalancing, temporary or interim measures taken under the Agreements. This excludes any actions taken in connection with suspension, termination, or resumption of parts of all of the Agreements, which is covered by subsection (1).

Section 34: Funding of PEACE PLUS programme

293. PEACE PLUS is an EU programme focused on supporting social, economic and regional stability, in particular by promoting cohesion between communities. It is the successor programme to the current Peace Programme.
294. Subsection (1) authorises any expenditure incurred by the Secretary of State when making payments to the EU or an EU entity for the purposes of supporting the PEACE PLUS programme and any successor programmes. It is drafted to satisfy the general principle of constitutional propriety (often known as the ‘PAC Concordat’ or ‘Baldwin Convention’) that, subject to certain recognised exceptions, new functions involving expenditure which is neither modest nor temporary for the purposes of Box 2.6 of Managing Public Money should be authorised by specific legislation and not by Supply and Appropriation Acts alone.
295. This subsection provides financial authority for any such expenditure to be paid out of money provided by Parliament through its annual Supply and Appropriation process. This provision is required as support for the PEACE PLUS programme does not form part of the "future relationship agreement" as defined in section 37(1)), and as such is not covered by the general financial provision in section 35.
296. Subsection (2) defines "EU entity" and "the PEACE PLUS programme" for the purposes of this section.

Section 35: General financial provision

297. Subsection (1) authorises any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of the "future relationship agreement" as defined in section 37(1). This will cover, for example, expenditure resulting from the UK’s future participation in EU programmes under any "future relationship agreement", or domestic spending required to implement any "future relationship agreement". This subsection is drafted to satisfy the general principle of constitutional propriety (often known as the ‘PAC Concordat’ or ‘Baldwin Convention’) that, subject to certain recognised exceptions, new functions involving expenditure which is neither modest nor temporary for the purposes of Box 2.6 of Managing Public Money should be authorised by specific legislation and not by Supply and Appropriation Acts alone.
298. Subsection (2) provides that Ministers of the Crown, government departments or devolved authorities may incur expenditure in preparation for making subordinate legislation under the Act (or under existing powers to make subordinate legislation as modified by or under the Act) from Royal Assent.
299. Subsections (3) and (4) deal with the further financial provision as necessary as a result of the Act.
300. Subsection (5) defines "government department" for the purposes of this section.

Section 36: Requirements in Part 2 of CRAGA

301. Section 20 of the Constitutional Reform and Governance Act (CRAGA) 2010 sets out certain conditions that must be met before treaties can be ratified. It requires that: a treaty text is published, a Minister of the Crown lays the treaty text before both Houses of Parliament, and that the required 21 sitting days passes without either House resolving against ratification.
302. Section 36 of the Act disapplies section 20 of CRAGA in relation to the Agreements. Section 36 enables ratification of the Agreements to take place without the conditions of section 20 of CRAGA having been met.
303. Section 36 does not extend to any future modifications of the Agreements to which section 20 may apply.

Section 37: Interpretation

304. This section defines terms used throughout the Act.
305. Subsection (4) and (5) provide that any version of the Agreements that results from a process of final legal revision replaces from the beginning the signed version of the agreement. It is necessary to include such a provision so that the UK can comply with Article FINPROV.9 of the TCA which provides that the final legal revision version of the Agreement replaces the signed version from the beginning.

Section 38: Regulations

306. This section introduces Schedule 5 of the Act which contains provisions about regulations made under the Act. Schedule 5 includes provision about the parliamentary procedures applicable to the exercise of the powers in the Act.

Section 39: Consequential and transitional provision etc.

307. Subsection (1) allows a Minister of the Crown to make regulations which are appropriate as a consequence of the Act.
308. The scope of this power is elaborated on, in subsection (2), which clarifies that consequential provision may include modifying (such as amending, repealing or revoking) both primary and secondary legislation. Consequential provision is also made on the face of the Act in Part 1 of Schedule 6.
309. Subsection (4) allows a Minister of the Crown to make transitional, transitory or saving provision by regulations. Specific provision on the face of the Act can be found in Part 2 of Schedule 6.

Section 40: Extent, commencement and short title

310. Subsections (1) to (4) set out which of the jurisdictions of the UK the different provisions of the Act extend to. Subsection (5) specifies that where the act amends or repeals a provision the extent will be the same as the enactment that is amended or repealed.
311. Subsection (6) specifies which provisions come into force on Royal Assent.
312. Subsection (7) provides a power to bring the remaining provisions into force on the day or days appointed by regulations.
313. Subsection (8) provides that the short title of the Act is the European Union (Future Relationship) Act 2020.