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

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Amendment of the Terrorism Act 2000U.K.

This section has no associated Explanatory Memorandum

5.—(1) The Terrorism Act 2000 F1 is amended as follows.

(2) In section 21E F2 (disclosures within an undertaking or group etc), in subsections (2)(b) and (4)(b), for “an EEA State” substitute “ the United Kingdom or an EEA state ”.

(3) In section 21F(2)(c) F3 (other permitted disclosures between institutions etc), for “an EEA State” substitute “ the United Kingdom or an EEA state ”.

(4) In section 123(2)(i) (orders and regulations), for “paragraphs 11A, 25A, 41A and” substitute “ paragraph ”.

(5) In Schedule 3A F4 (regulated sector and supervisory authorities), in paragraph 1 (business in the regulated sector)—

(a)for sub-paragraph (1)(c), substitute—

(c)the carrying on of activities by an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, where those activities consist of carrying out or effecting contracts of long-term insurance;;

(b)in sub-paragraph (1)(d), for “(other than a person falling within Article 2 of the Markets in Financial Instruments Directive)” substitute “ (other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)) ”;

(c)in sub-paragraph (1)(g), for “an EEA State” substitute “ the United Kingdom ”;

(d)in sub-paragraph (2)(b), for “an EEA state” substitute “ the United Kingdom ”;

(e)after sub-paragraph (2) insert—

(2A) For the purposes of sub-paragraph (1)(c), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).;

(f)for sub-paragraph (5) substitute—

(5) For the purposes of sub-paragraph (4)(d) “regulated market” has the meaning given by regulation 3(1) (general interpretation) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).;

(g)omit sub-paragraph (6).

(6) In Schedule 4 (forfeiture orders)—

(a)omit paragraphs 11A to 11G, 25A to 25G and 41A to 41G F5 (domestic and overseas freezing orders);

(b)in paragraph 14(2) (enforcement of orders made in designated countries), omit “(other than an overseas freezing order within the meaning of paragraph 11D)”;

(c)in paragraph 28(2) (enforcement of orders made in designated countries), omit “(other than an overseas freezing order within the meaning of paragraph 25D)”;

(d)in paragraph 44(2) (enforcement of orders made in designated countries), omit “(other than an overseas freezing order within the meaning of paragraph 41D)”;

(e)in paragraph 45 (general), in the definition of “restraint order”, in paragraph (c) omit “or an order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G”.

(7) In Schedule 6 (financial information), in paragraph 6 (financial institution)—

(a)in sub-paragraph (1), for sub-paragraphs (ha) and (i) substitute—

(ha)an electronic money institution within the meaning of the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2(1)), and

(i)an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, when carrying out or effecting any contract of long-term insurance.;

(b)after sub-paragraph (1A) F6 insert—

(1AA) For the purposes of sub-paragraph (1)(i), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)..

(8) In Schedule 8A F7 (offence under section 58A: supplementary provisions)—

(a)in paragraph 1 (introduction), omit sub-paragraph (2);

(b)omit paragraph 2 (domestic service providers: extension of liability);

(c)in paragraph 3(1) (non-UK service providers: restriction on proceedings) omit “other than the United Kingdom”;

(d)in paragraph 7 (interpretation)—

(i)in sub-paragraph (1), insert in the relevant place—

the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market F8;;

(ii)in sub-paragraph (2)—

(aa)in the words before paragraph (a), for “the United Kingdom, or in some other EEA state,” substitute “ an EEA state ”;

(bb)in paragraph (a), for “the United Kingdom, or in a particular EEA state,” substitute “ a particular EEA state ”;

(cc)in sub-paragraph (i) of paragraph (a), for “the United Kingdom, or that EEA state,” substitute “ that EEA state ”.

F2Section 21E was inserted by S.I. 2007/3398.

F3Section 21F was inserted by S.I. 2007/3398.

F4Schedule 3A was inserted by paragraph 6 of Schedule 2 to the Anti-terrorism, Crime and Security Act 2001 (c. 24).

F5Paragraphs 11A to 11G, 25A to 25G and 41A to 41G were inserted by paragraphs 3, 5 and 7 of Schedule 4 to the Crime (International Co-operation) Act 2003 (c. 32).

F6Sub-paragraph (1A) was inserted by paragraph 6(3) of Schedule 2 to the Anti-terrorism, Crime and Security Act 2001 (c. 24).

F7Schedule 8A was inserted by Schedule 8 to the Counter-Terrorism Act 2008 (c. 28).

F8O.J. L 178/1, 17.7.2000.

Commencement Information

I1Reg. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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