The designated UK authority must notify the central authority of the member State of the conviction.

If the individual is a national of more than one member State, the designated UK authority must notify the central authority of each of those member States of the conviction.

Notification under this section must be given before the end of the period of 28 days beginning with the day on which the conviction is recorded in the criminal records database.

If the record of the conviction is amended so as to alter or delete any of the information mentioned in paragraph 13, 14, 16, 17, 19 or 20 of Schedule 1 (information about the conviction), subsections (3) to (6) apply in relation to the amendment as they apply in relation to the conviction.

Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).

For the purposes of this section it does not matter if the individual is a national of the United Kingdom as well as a national of a member State.

The record may be retained in whatever way the designated UK authority considers appropriate.

If the designated UK authority is notified by the central authority of any amendment or deletion relating to the information contained in the record, the designated UK authority must amend the record accordingly.

Nothing in this section requires the designated UK authority to retain any information if the retention would contravene the data protection legislation (but, in determining whether the retention would contravene that legislation, the duty imposed by subsection (2) is to be taken into account).

Personal data notified to the designated UK authority as mentioned in section 2 may not be transferred to a third country unless conditions A and B are met.

Condition B is that the intended recipient 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.

See also section 73 of the Data Protection Act 2018 for additional conditions that must be met before personal data may be transferred to a third country (in particular, that the transfer must be necessary for any of the law enforcement purposes).

Where personal data within subsection (1) is transferred to a third country, the person making the transfer must make it a condition of the transfer that the data may be used only for the purpose for which it is being transferred.

In this section—

• “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);

• “third country” means a country or territory other than—

  1. a

     the United Kingdom, or

  2. b

     a member State.

The designated UK authority may, for any of the law enforcement purposes, make a request to the central authority of a member State for information relating to any overseas convictions of an individual recorded in a criminal records database of the member State.

If an individual who is a national of a member State makes a request to the designated UK authority for information relating to the individual's overseas convictions, the designated UK authority must make a request to the central authority of that member State for information relating to any overseas convictions of the individual recorded in a criminal records database of the member State.

If the individual is a national of more than one member State, the designated UK authority must make a request to the central authority of each of those member States for the information.

But subsection (4) does not prohibit the use of such information for the purpose of preventing an immediate and serious threat to public security.

In this section “overseas conviction” means a conviction under the law of a country or territory outside the United Kingdom.

“The relevant period” means the period of 20 working days beginning with the day on which the designated UK authority receives the request.

If the request has been made for the purposes of determining the suitability of an individual to work with children, the information to be provided under subsection (1) must include any information relating to any conviction of the individual for a child sexual offence (whether or not spent).

Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).

In this section—

• “ancillary offence” means—

  1. a

     an offence of attempting or conspiring to commit a child sexual offence,

  2. b

     an offence under Part 2 of the Serious Crime Act 2007 in relation to a child sexual offence,

  3. c

     an offence of inciting a person to commit a child sexual offence,

  4. d

     an offence of aiding, abetting, counselling or procuring the commission of a child sexual offence, or

  5. e

     an offence of being involved art and part in the commission of a child sexual offence;

• “child” means an individual under the age of 18;

• “child sexual offence” means—

  1. a

     an offence consisting of—

     1. i

        the sexual abuse or sexual exploitation of a child, or

     2. ii

        conduct relating to such abuse or exploitation,

  2. b

     an offence relating to indecent images of a child,

  3. c

     an offence consisting of any other behaviour carried out in relation to a child that is of a sexual nature or carried out for sexual purposes, or

  4. d

     an ancillary offence;

  and for these purposes “offence” includes an offence under a law that is no longer in force;

• “conviction” means—

  1. a

     a conviction by or before a court in a part of the United Kingdom,

  2. b

     a conviction in UK service disciplinary proceedings (whether or not in a part of the United Kingdom), or

  3. c

     a conviction under the law of a country or territory outside the United Kingdom;

• “criminal proceedings” means—

  1. a

     proceedings before a court for dealing with an individual accused of an offence, or

  2. b

     proceedings before a court for dealing with an individual convicted of an offence, including proceedings in respect of a sentence or order;

• “working day” means any day other than—

  1. a

     Saturday or Sunday,

  2. b

     Christmas Day,

  3. c

     Good Friday, and

  4. d

     any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

In the criminal records provisions—

• “central authority”, in relation to a member State, means an authority designated by the government of that member State as the appropriate authority for requesting, receiving or providing information relating to convictions;

• “conviction”, in relation to UK service disciplinary proceedings—

  1. a

     in the case of proceedings in respect of a service offence, includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act;

  2. b

     in the case of any other UK service disciplinary proceedings, includes a finding of guilt in those proceedings;

  and “convicted”, in relation to UK service disciplinary proceedings, is to be read accordingly;

• “criminal records database” means—

  1. a

     in relation to England and Wales, the names database held by the Secretary of State for the use of constables;

  2. b

     in relation to Scotland, the criminal history database of the Police Service of Scotland held for the use of police forces generally;

  3. c

     in relation to Northern Ireland, the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions;

  4. d

     in relation to a member State, any database maintained in respect of the member State that corresponds to the criminal records database for England and Wales;

• “the criminal records provisions” means sections 1 to 5, this section and Schedule 1;

• “designated UK authority” means a person designated for the purposes of the criminal records provisions by a direction given by the Secretary of State;

• “the law enforcement purposes” means 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;

• “service offence” means—

  1. a

     a service offence within the meaning of the Armed Forces Act 2006, or

  2. b

     an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);

• “UK national” means an individual who is—

  1. a

     a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

  2. b

     a person who under the British Nationality Act 1981 is a British subject, or

  3. c

     a British protected person within the meaning of that Act;

• “UK service disciplinary proceedings” means—

  1. a

     any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006);

  2. b

     any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence);

  3. c

     any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976.

The appropriate national authority may by regulations amend this section so as to change the meaning of “criminal records database” in relation to a part of the United Kingdom.

Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation (save that the power conferred by this section is to be taken into account in determining whether any disclosure contravenes that legislation).

Nothing in this section limits the circumstances in which data may be disclosed under any other enactment or rule of law.

“Vehicle registration data” has the meaning given by F2Article 528 of the Trade and Cooperation Agreement (definitions).

The Accreditation of Forensic Service Providers Regulations 2018 (S.I. 2018/1276) are amended as follows.

In regulation 4 (requirement to use an accredited forensic service provider) in paragraph (2)(b) for “Article 4 of the Framework Decision” substitute “ paragraph 1 of Article LAW.PRUM.16 of the Trade and Cooperation Agreement ”.

In the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 (S.I. 2003/3333) after Article 1 insert—

In Article 2(2) and Article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) omit the entry for each territory that is designated for the purposes of Part 1 of the Extradition Act 2003 by reason of subsection (1) of this section.

The Extradition Act 2003 is amended as follows.

Section 155A of the Extradition Act 2003 (category 1 territories not applying framework decision to old cases) is amended as follows.

In the heading, for “framework decision” substitute “ Trade and Cooperation Agreement ”.

A relevant authority may disclose that information for a permitted purpose.

This section applies to information held by a relevant authority which relates to the safety of non-food products.

In relation to an offence committed before the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, the reference in subsection (4)(b)(i) to 12 months is to be read as a reference to 6 months.

Nothing in section 14 or 15 limits the circumstances in which information may be disclosed under any other enactment or rule of law.

Nothing in this section, or in section 14 or 15, authorises a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, the powers conferred by sections 14(2) and 15(2) are to be taken into account).

In sections 14 to 17 and this section—

• “market surveillance” means any activity conducted or measure taken for the purpose of ensuring that a product complies with relevant legal requirements;

• “market surveillance authority” means—

  1. a

     a person in the United Kingdom with any function of carrying out market surveillance that is conferred by an enactment or rule of law, and

  2. b

     a person in any other country or territory with any corresponding function;

• “non-food product safety annex” means one of the following annexes to the Trade and Cooperation Agreement—

  1. a

     TBT-1: Motor vehicles and equipment and parts thereof, or

  2. b

     TBT-3: Chemicals;

• “permitted purpose” has the meaning given by section 14(3);

• “relevant authority” means—

  1. a

     a Minister of the Crown, or

  2. b

     the Health and Safety Executive;

• “relevant legal requirements” means such requirements of the law relating to a product as apply in the territory in which the product is made available on the market, put into service or put into use.

In the Customs and Excise Management Act 1979, after section 8 insert—

In section 10 of that Act (disclosure by Commissioners of certain information as to imported goods), omit subsection (A1).

The Customs and Excise Management Act 1979 is amended as follows.

After section 166 insert—

The arrangements contained in the Protocol have effect (and do so in spite of anything in any enactment).

The Commissioners for Her Majesty's Revenue and Customs are the competent authority in the United Kingdom responsible for the application of the Protocol.

A reference in any enactment to arrangements having effect by virtue of, or by virtue of an Order in Council under, section 173 of the Finance Act 2006 (international tax enforcement arrangements) includes a reference to arrangements having effect by virtue of this section.

In subsection (5) “the relevant time” means the time at which the protocol mentioned in subsection (4)(a) comes into effect (or, if it comes into effect at different times for different purposes, the earliest such time).

The Commissioners for Her Majesty's Revenue and Customs may by regulations amend subsection (6) so as to substitute a later time for that for the time being specified there.

The 2009 Regulation is amended in accordance with this section.

In Article 8 (general principle of cabotage), as amended by regulation 13(9) of the 2019 regulations, in paragraph 2, for “three cabotage operations”, in each place it appears, substitute “ two cabotage operations ”.

In this section—

• “the 2009 Regulation” means 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 2019 regulations” means the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708).

Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation (save that the power conferred by this section is to be taken into account in determining whether any disclosure contravenes that legislation).

Nothing in this section limits the circumstances in which data may be disclosed under any other enactment or rule of law.

In this section—

• “GB electronic register” means any electronic register maintained by the Secretary of State in accordance with Article 13(1) of Section 2 of Appendix Road.C.1.1 to the Trade and Cooperation Agreement (maintenance of electronic registers of data relating to drivers' cards for tachographs);

• “NI electronic register” means any electronic register maintained by the Department for Infrastructure in accordance with Article 13(1) of Section 2 of Appendix Road.C.1.1 to the Trade and Cooperation Agreement (maintenance of electronic registers of data relating to drivers' cards for tachographs).

In this section—

• “domestic law” means—

  1. a

     in subsection (1), the law of England and Wales, Scotland and Northern Ireland, and

  2. b

     in subsection (3)(a)(i), the law of England and Wales, Scotland or Northern Ireland;

• “relevant day”, in relation to any provision mentioned in subsection (1) or any aspect of it, means—

  1. a

     so far as the provision or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and

  2. b

     so far as the provision or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force;

• “the SSC Protocol” means the Protocol on Social Security Coordination contained in the Trade and Cooperation Agreement, as that protocol is modified or supplemented from time to time in accordance with Article SSC.11(6), Article SSC.11(8) or Article SSC.68 of that protocol;

and references to the purposes of (or having the effect of) implementing an agreement (or any provision of an agreement) include references to the purposes of (or having the effect of) making provision consequential on any such implementation.

Section 4B of the International Organisations Act 1968 (bodies established under the Treaty on European Union) is amended in accordance with this section.

For the title substitute “ The EU and Euratom and related organisations and bodies ”.

For subsection (1) substitute—

After subsection (3) insert—

In subsection (4), for “section, “specified”” substitute

In regulation 49 of the Nuclear Safeguards (EU Exit) Regulations 2019 (S.I. 2019/196) (interpretation of Part 13), in the definition of “specified international agreement”, for “paragraphs (c) to (f)” substitute “ any of paragraphs (c) to (f) and (h) ”.

Existing domestic law has effect on and after the relevant day with such modifications as are required for the purposes of implementing in that law the Trade and Cooperation Agreement or the Security of Classified Information Agreement so far as the agreement concerned is not otherwise so implemented and so far as such implementation is necessary for the purposes of complying with the international obligations of the United Kingdom under the agreement.

The references in subsection (1) to the Trade and Cooperation Agreement or the Security of Classified Information Agreement are references to the agreement concerned as it has effect on the relevant day.

In this section—

• “domestic law” means the law of England and Wales, Scotland or Northern Ireland;

• “existing domestic law” means—

  1. a

     an existing enactment, or

  2. b

     any other domestic law as it has effect on the relevant day;

• “existing enactment” means an enactment passed or made before the relevant day;

• “modifications” does not include any modifications of the kind which would result in a public bill in Parliament containing them being treated as a hybrid bill;

• “relevant day”, in relation to the Trade and Cooperation Agreement or the Security of Classified Information Agreement or any aspect of either agreement, means—

  1. a

     so far as the agreement or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and

  2. b

     so far as the agreement or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force;

and references to the purposes of (or having the effect of) implementing an agreement include references to the purposes of (or having the effect of) making provision consequential on any such implementation.

Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

Subsection (4)(b) does not apply in relation to any regulations under this section which are for the purposes of replacing or otherwise modifying, or of otherwise making provision in connection with, the provision made by section 37(4) and (5).

See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).

Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).

Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

See also Part 2 of Schedule 5 (general restrictions on certain powers of devolved authorities: devolved competence etc.).

There may be paid out of money provided by Parliament any expenditure which the Secretary of State may incur in making payments to the EU or an EU entity to support the PEACE PLUS programme and any successor programmes.

In subsection (1)—

• “EU entity” means an EU institution or any office, body or agency of the EU;

• “the PEACE PLUS programme” means the programme of the EU which is the successor to the programme known as PEACE IV (Ireland-United Kingdom).

There may be paid out of money provided by Parliament any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of any future relationship agreement.

A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.

Subsection (3) is subject to any other provision made by or under this Act or any other enactment.

In this section “government department” means any department of the Government of the United Kingdom.

In this Act—

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “devolved authority” means—

  1. a

     the Scottish Ministers,

  2. b

     the Welsh Ministers, or

  3. c

     a Northern Ireland department;

• “enactment” means an enactment whenever passed or made and includes—

  1. a

     an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act of Parliament,

  2. b

     an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative,

  3. c

     an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

  4. d

     an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru,

  5. e

     an enactment contained in, or in an instrument made under, Northern Ireland legislation,

  6. f

     an enactment contained in any instrument made by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty,

  7. g

     an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, and

  8. h

     any retained direct EU legislation;

• “future relationship agreement” means—

  1. a

     the Trade and Cooperation Agreement,

  2. b

     the Nuclear Cooperation Agreement,

  3. c

     the Security of Classified Information Agreement, or

  4. d

     any of the following so far as it is not a treaty to which section 20 of the Constitutional Reform and Governance Act 2010 applies (ignoring section 22 of that Act) (treaties to be laid before Parliament before ratification)—

     1. i

        a supplementing agreement, or

     2. ii

        an agreement under, or otherwise envisaged (whether as part of particular arrangements or otherwise) by, an agreement falling within paragraph (a), (b) or (c) or sub-paragraph (i),

     (as the agreement concerned is modified or supplemented from time to time in accordance with any provision of it or of any other agreement falling within paragraph (a), (b) or (c) or this paragraph);

• “member State” does not include the United Kingdom;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;

• “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

• “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;

• “the Nuclear Cooperation Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);

• “PNR regulations” has the meaning given by section 7(a);

• “power to legislate” does not include a power—

  1. a

     to make rules of procedure for any court or tribunal, or

  2. b

     to give directions as to matters of administration;

• “primary legislation” means—

  1. a

     an Act of Parliament,

  2. b

     an Act of the Scottish Parliament,

  3. c

     a Measure or Act of Senedd Cymru, or

  4. d

     Northern Ireland legislation;

• “relevant criminal offence” means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions);

• “relevant national authority” means—

  1. a

     a Minister of the Crown,

  2. b

     a devolved authority, or

  3. c

     a Minister of the Crown acting jointly with one or more devolved authorities;

• “retained direct EU CAP legislation” has the same meaning as in the Direct Payments to Farmers (Legislative Continuity) Act 2020 (see section 2(10) of that Act);

• “retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made;

• “the Security of Classified Information Agreement” means the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);

• “subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any primary legislation; and (except in Part 2 of Schedule 5) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after IP completion day (or, in the case of any retained direct EU CAP legislation, on or after exit day) under any retained direct EU legislation;

• “supplementing agreement” means an agreement which constitutes a supplementing agreement by virtue of Article COMPROV.2 of the Trade and Cooperation Agreement;

• “the Trade and Cooperation Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (as that agreement is modified or supplemented from time to time in accordance with any provision of it or of any other future relationship agreement);

• “treaty” has the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act);

• “tribunal” means any tribunal in which legal proceedings may be brought.

Subsection (5) applies if, in accordance with any provision of the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or the Security of Classified Information Agreement, any version of the agreement concerned which results from a process of final legal revision replaces from the beginning the signed version of the agreement and is established as authentic and definitive.

References in this Act or any other enactment to the Trade and Cooperation Agreement, the Nuclear Cooperation Agreement or (as the case may be) the Security of Classified Information Agreement, or to any provision or collection of provisions of the agreement concerned, are to be read as modified accordingly.

A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

Part 1 of Schedule 6 contains consequential provision.

A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act.

Part 2 of Schedule 6 contains transitional, transitory and saving provision.

Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.

Section 25(1) extends to England and Wales and Scotland only.

Section 25(2) extends to Northern Ireland only.

Paragraph 2 of Schedule 4 extends to England and Wales and Scotland only.

Subject to subsection (4), any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

The provisions of this Act, so far as they are not brought into force by subsection (6), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

This Act may be cited as the European Union (Future Relationship) Act 2020.