(This note is not part of the Regulations)
These Regulations amend the Defence and Security Public Contracts Regulations 2011 (S.I. 2011/1848) (“the 2011 Regulations”).
Regulation 2 makes amendments that take effect before the withdrawal of the UK from the European Union. Regulation 2(2)(c) amends the definition of ‘member State’ to include Iceland and Norway. Regulation 2(2)(d) amends the definition of ‘military equipment’ to update a reference to the Common Military List of the European Union so that it refers to the current List (adopted on 26th February 2018) as amended from time to time. The other amendments made by regulation 2 remove references to Commission Regulation (EC) No 1564/2005 (which prescribed the form in which various notices were to be sent for publication in the Official Journal of the European Union) and make minor corrections or adjustments to the description of such notices and the information to be contained in them. That Commission Regulation was repealed in 2011 and its current equivalent is Commission Implementing Regulation (EU) No 2015/1986 (OJ No L 296, 12.11.2015, p 1), which is directly applicable.
Regulation 3 is made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of the 2011 Regulations (as retained EU law) to operate effectively and other deficiencies (in particular under paragraphs (a), (d), (e), (f) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union. Some of the amendments made by regulation 3 supersede amendments made by regulation 2.
Regulation 4 makes transitional and saving provision in relation to the amendments made by regulation 3.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.