Revocation of Regulation (EU) 2018/1805113A

Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders is revoked (but see Article 62(1)(c) and (e) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act).

3

See Article 63(1)(a) and Title VII of Part 3 of the withdrawal agreement, Article 52(a) and Title IV of Part 3 the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

1

Regulation 9 (consequential amendment of the Regulation of Investigatory Powers Act 2000) does not apply to relevant surveillance by a relevant foreign police or customs officer which began but which was not completed before commencement day (and see Article 63(1)(a) of the withdrawal agreement, Article 52(a) of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act).

72

Regulations 67 to 69 and 71 do not apply in a case to which any of the following provisions apply (and see Articles 62(2) and 63(1)(a) of the withdrawal agreement, Articles 50(2) and 52(a) of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

a

regulation 10 (transitional provision – surveillance which is not completed before commencement day);

b

article 62(2) or 63(1)(a) of the withdrawal agreement; or

c

article 50(2) or 52(a) of the EEA EFTA separation agreement.

6

See Article 62(1)(a) and Title VII of Part 3 of the withdrawal agreement, Article 50(1) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

5

See Article 50(1) of the EEA EFTA separation agreement and sections 7B and 7C of the Withdrawal Act.

Transitional provision - requests received before commencement day98A

1

Regulation 87(2) (amendment of the 2003 Act) does not apply in respect of any request received by the Secretary of State or by the Lord Advocate before commencement day for a process or other document to which section 1 of the 2003 Act (service of overseas process) applied to be served on a person in the United Kingdom.

2

Paragraphs (6), (7) and (13) of regulation 87 do not apply in respect of any request for assistance in obtaining evidence in a part of the United Kingdom that is received before commencement day by the territorial authority for that part of the United Kingdom.

3

See Article 62(1)(a) and Title VII of Part 3 of the withdrawal agreement, Article 50(1) and (3) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

5

See Article 62(1)(l) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act.

3

See Articles 62(1)(a) and 62(2) and Title VII of Part 3 of the withdrawal agreement, Article 50(1) and (2) and Title IV of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.

Savings provision - requests received before commencement day106A

1

This regulation applies to requests received by the PIU in accordance with Article 9 or 10 of the Directive 2016/681/EU of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime on or before commencement day (and see Article 63(1)(g) of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act).

2

The following provisions of the Passenger Name Record Data and Miscellaneous Amendments Regulations 20189 (“the 2018 Regulations”) continue to have effect in relation to those requests as if the amendments made to the provisions by regulation 104 did not apply–

a

regulation 6(3) (processing of PNR data by the PIU);

b

regulation 9 (requests for PNR data made to the PIU by a non-UK PIU);

c

regulations 2 (interpretation) and 3(2)(d) (responsibilities of the PIU), but only for the purposes of the other provisions which continue to have effect by virtue of this paragraph.

3

In this regulation, “the PIU” has the same meaning as in the 2018 Regulations.

Savings provision – information received by virtue of the PNR Directive106B

1

This regulation applies to PNR data which was received by the PIU by virtue of Directive 2016/681/EU of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection investigation and prosecution of terrorist offences and serious crime (including that Directive as it applies by virtue of Article 63(1)(g) of the withdrawal agreement).

2

The PIU may only transfer PNR data to which this regulation applies, or the result of processing of such data, under regulation 12(2A) of the 2018 Regulations on the basis that the second condition is met if the transfer is being made to a non-UK PIU which is an authority of a member State.

3

In this regulation—

• “the 2018 Regulations” means the Passenger Name Record Data and Miscellaneous Amendments Regulations 2018;

• “non-UK PIU”, “the PIU” and “PNR data” have the same meaning as in the 2018 Regulations.

4

In respect of regulation 106A (savings provision – requests received before commencement day) and this regulation, see Article 63(1)(g) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act.

Transitional provision – DNA profiles supplied before commencement day117A

Despite the revocations made in regulations 115 to 117 the following provisions of the Prüm Decision continue to have effect—

a

Article 5 (supply of further personal data and other information) in relation to the supply by the United Kingdom of further personal data and other information in relation to matches shown under Article 3 or 4 of the Prüm Decision before commencement day;

b

Article 7 (collection of cellular material and supply of DNA profiles) in relation to DNA profiles obtained by the United Kingdom before commencement day which were not supplied to the requesting Member State prior to commencement day;

c

paragraph 1 of Article 6 (national contact point and implementing measures) so far as it is relevant to paragraphs (a) or (b).

Saving provision – information received before commencement day117B

1

This regulation applies in relation to DNA profiles and personal data received by the United Kingdom before commencement day (and see Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act).

2

Subject to the modifications in paragraph (3), with the exception of Article 25, Chapter 6 of the Prüm Decision continues to have effect in relation to the data referred to in paragraph (1).

3

The Prüm Decision applies with the following modifications—

a

Article 26 is to be read as if—

i

in paragraph 1—

aa

“by the receiving Member State” were omitted;

ab

the words from “and subject only to” to the end were omitted;

ii

in paragraph 2, “by the searching or comparing Member State” were omitted;

iii

in the text after paragraph 2(c), for “The Member State administering the file may process the data supplied to it”, substitute “The data supplied may be processed”;

b

Article 27 is to be read as if “and in compliance with the law of the receiving Member State” were omitted;

c

paragraph 1 of Article 28 is to be read as if—

i

the first sentence were omitted;

ii

after “have been supplied”, there were inserted “by the authorities in the United Kingdom”;

iii

for “The Member State or Member States concerned shall be obliged to correct or delete the data”, substitute “The authorities in the United Kingdom shall be obliged to correct or delete any data in respect of which the supplying Member State has made such a notification”;

d

paragraph 2 of Article 28 is to be read as if—

i

“, in accordance with the national law of the Member States,” were omitted;

ii

“subject to the national law of the Member States and” were omitted;

e

paragraph 1 of Article 30 is to be read as if the first sentence were “In order to verify the admissibility of the supply, the authorities in the United Kingdom shall log every non-automated supply of personal data by the body administering the file and every non-automated receipt of personal data by the searching body.”;

f

paragraph 2 of Article 30 is to be read as if—

i

“other” were omitted from paragraph (a);

ii

in paragraph (b), for “each Member State” substitute “the United Kingdom”;

g

Article 32 is to be read as if, for “The receiving Member State” substitute “The authorities in the United Kingdom”.