European Union (Future Relationship) Act 2020

Section 39(3) and (5)

SCHEDULE 6 Consequential and transitional provision etc.

PART 1 Consequential provision

Scotland Act 1998

1 In section 57(5)(b) of the Scotland Act 1998 (exception to section 57(4)) omit the “or” at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert “, or

(iv) section 31, 32 or 33 of the European Union (Future Relationship) Act 2020 (powers in connection with future relationship agreements etc.)”.

Northern Ireland Act 1998

2 In section 24(4)(b) of the Northern Ireland Act 1998 (exception to section 24(3)) omit the “or” at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert “, or

(iv) section 31, 32 or 33 of the European Union (Future Relationship) Act 2020 (powers in connection with future relationship agreements etc.)”.

Government of Wales Act 2006

3 In section 80(8A)(b) of the Government of Wales Act 2006 (exception to section 80(8)) omit the “or” at the end of sub-paragraph (ii) and, at the end of sub-paragraph (iii), insert “, or

(iv) section 31, 32 or 33 of the European Union (Future Relationship) Act 2020 (powers in connection with future relationship agreements etc.)”.

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

4 In section 30(7) of the Interpretation and Legislative Reform (Scotland) Act 2010 (exception to the requirement for certain instruments to be laid before the Scottish Parliament) after “2018” insert “or paragraph 15 of Schedule 5 to the European Union (Future Relationship) Act 2020”.

European Union (Withdrawal) Act 2018

5 The European Union (Withdrawal) Act 2018 is amended as follows.

6 In section 20 (interpretation), in subsection (1), after the definition of “exit day” insert—

• ““future relationship agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act);”.

7 In section 21 (index of defined expressions), in the table in subsection (1), after the entry for “Former Article 34(2)(c) of Treaty on European Union” insert—

“Future relationship agreement

Section 20(1)”.

8 In Part 1 of Schedule 8 (general consequential provision), in each of paragraphs 13(8A), 14(11A), 15(11) and 16(9)—

(a) omit the “or” at the end of paragraph (b), and

(b) after paragraph (c) insert “, or

(d) a future relationship agreement”.

PART 2 Transitional, transitory and saving provision

Passenger name record data

9 The amendments made by Schedule 2 do not have effect in relation to—

(a) any request to which regulation 106A of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742) applies, or

(b) any PNR data, or the result of processing such data, in relation to which regulation 106B(2) of those regulations has effect.

Extradition

10 The amendments made by section 12 do not apply for the purpose of deciding whether the offence specified in a Part 1 warrant is an extradition offence if the person in respect of whom the warrant is issued is arrested under the warrant, or under section 5 of the Extradition Act 2003 on the basis of a belief related to the warrant, before IP completion day.

“relevant criminal offence”

11 (1) The definition of “relevant criminal offence” in section 37(1) is to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “the age of 21”.

(2) In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.

Powers of devolved authorities in relation to EU law

12 Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, do not apply to the making of regulations under section 31, 32 or 33.

Modifications of subordinate legislation

13 The fact that a modification of subordinate legislation has been made by this Act does not of itself prevent the subordinate legislation as modified from being further modified under the power under which it was made or by other subordinate legislation.