The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742) are to make amendments addressing deficiencies arising from the United Kingdom’s withdrawal from the EU. This instrument makes further amendments, in the fields of explosive precursors and firearms, in order to implement the Northern Ireland/Ireland Protocol to the Withdrawal Agreement (“the Protocol”).

The Protocol provides that the provisions of EU law listed in Annex 2 to the Protocol shall apply to and in the UK in respect of Northern Ireland. This is given effect by section 7A of the European Union (Withdrawal) Act 2018 (c 16). Annex 2 to the Protocol includes Regulation EU No 98/2013 on the marketing and use of explosives precursors (“the Precursors Regulation”) and Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (“the Firearms Directive”).

Regulation 2 amends the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 such that the Northern Ireland licensing regime for “Tier 2 substances” will not recognise licenses issued under legislation in Great Britain.

Regulation 3 omits amendments made by S.I 2019/742 to the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014 No. 224) to reflect that the Precursors Regulation will continue to apply in relation to Northern Ireland. Regulation 3 also omits amendments made to the Precursors Regulation in relation to Northern Ireland which would not have any effect, as a consequence of the fact that in relation to Northern Ireland the Precursors Regulation will continue to apply and will not be retained EU law.

Regulation 4(2) revokes (before they have taken effect) some of the amendments to Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, to reflect the fact that the Implementing Regulation will still apply in Northern Ireland.

Regulation 4(3) revokes the amendments that would have been made by S.I 2019/742 to the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), to reflect the provisions of the Northern Ireland Protocol. In particular, the provisions in relation to the European firearms pass are retained for Northern Ireland. Regulation 5 makes amendments to the 2004 Order in consequence of the continued application of the Firearms Directive.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.