SCHEDULE
Regulation 2
Amendments to, and revocation of, subordinate legislation
PART 1
Amendments
1. Amendment of the Defence and Security Public Contracts Regulations 2011
(1) The Defence and Security Public Contracts Regulations 20113are amended as follows.
(2) In regulation 6 (application)—
(a)
(a) in paragraph (1), omit “and specified retained EU law”;
(b)
(b) in paragraph (3), omit “and specified retained EU law”;
(c)
(c) omit paragraph (7).
(3) In regulation 12(4) (technical specifications in the contract documents), in the words following sub-paragraph (b), for “retained EU obligations” substitute “assimilated obligations”.
(4) In regulation 25 (information as to technical or professional ability), in paragraph (4)(a)(ii)(aa) for “retained EU law” substitute “assimilated law”.
(5) In regulation 36(1) (conditions for performance of contracts) for “retained EU law” substitute “assimilated law”.
(6) In regulation 51(1) (duty owed to economic operators)—
(a)
(a) omit “and” at the end of sub-paragraph (a);
(b)
(b) omit sub-paragraph (b).
2. Amendment of the Public Contracts Regulations 2015
(1) The Public Contracts Regulations 20154are amended as follows.
(2) In regulation 2(1) (definitions) omit the definition of “the Retained Treaties”.
(3) In regulation 9 (public contracts awarded, and design contests organised, pursuant to international rules), in paragraph (1)(a) omit “, concluded in conformity with the Retained Treaties,”.
(4) In regulation 11 (service contracts awarded on the basis of an exclusive right), omit from “which is compatible with” to the end.
(5) In regulation 12 (public contracts between entities in the public sector)—
(a)
(a) in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;
(b)
(b) in the words following paragraph (2)(b), omit “, in conformity with the Retained Treaties,”;
(c)
(c) in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.
(6) In regulation 17 (public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules), in paragraph (1)(a), omit “, concluded in conformity with the Retained Treaties,”.
(7) In regulation 42 (technical specifications)—
(a)
(a) in paragraph (9), for “retained EU law” substitute “assimilated law”;
(b)
(b) in paragraph (11), for “retained EU law” substitute “assimilated law”.
(8) In regulation 89(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—
(a)
(a) omit “and” at the end of sub-paragraph (a);
(b)
(b) omit sub-paragraph (b).
3. Amendment of the Concession Contracts Regulations 2016
(1) The Concession Contracts Regulations 20165are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) in the definition of “exclusive right”, omit “which is compatible with the Retained Treaties”;
(b)
(b) omit the definition of “the Retained Treaties”.
(3) In regulation 5 (meaning of “utilities”), in paragraph (4)(b) omit “which is compatible with the Retained Treaties”.
(4) In regulation 10(5) (general exclusions: concession contracts awarded pursuant to international rules), in sub-paragraph (a) omit “, concluded in conformity with the Retained Treaties,”.
(5) In regulation 17 (concession contracts between entities within the public sector)—
(a)
(a) in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;
(b)
(b) in paragraph (2), omit “, in conformity with the Retained Treaties,”;
(c)
(c) in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.
(6) In regulation 50(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—
(a)
(a) omit “and” at the end of sub-paragraph (a);
(b)
(b) omit sub-paragraph (b).
4. Amendment of the Utilities Contracts Regulations 2016
(1) The Utilities Contracts Regulations 20166are amended as follows.
(2) In regulation 2(1) (definitions) omit the definition of “the Retained Treaties”.
(3) In regulation 20 (contracts awarded and design contests organised pursuant to international rules), in paragraph (1)(a), omit “, concluded in accordance with the Retained Treaties,”.
(4) In regulation 22 (service contracts awarded on the basis of an exclusive right), omit from “which is compatible with” to the end.
(5) In regulation 27 (contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules), in paragraph (1)(a) omit “, concluded in accordance with the Retained Treaties,”.
(6) In regulation 28 (contracts between contracting authorities)—
(a)
(a) in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;
(b)
(b) in paragraph (2), omit “in conformity with the Retained Treaties”;
(c)
(c) in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.
(7) In regulation 60 (technical specifications)—
(a)
(a) in paragraph (8), for “retained EU law” substitute “assimilated law”;
(b)
(b) in paragraph (10), for “retained EU law” substitute “assimilated law”.
(8) In regulation 104(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—
(a)
(a) omit “and” at the end of sub-paragraph (a);
(b)
(b) omit sub-paragraph (b).
5. Amendment of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019
(1) Regulation 8 of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 20197(retained direct EU legislation: laying of documents before Northern Ireland Assembly) is amended as follows.
(2) In the heading, for “retained direct EU legislation” substitute “assimilated direct legislation”.
(3) In paragraph (1)—
(a)
(a) for “retained direct EU legislation” substitute “assimilated direct legislation”;
(b)
(b) for “paragraph 7(b)” substitute “paragraph 7(2)(b)”.
6. Amendment of the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018
In Part 2 of the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 20188(service of documents in civil and commercial matters), omit Chapter 3 (the Agreement: cessation, and saving, of rights etc.).
7. Amendment of the Competition (Amendment etc.) (EU Exit) Regulations 2019
(1) The Competition (Amendment etc.) (EU Exit) Regulations 20199are amended as follows.
(2) In Part 6—
(a)
(a) in the heading, for “retained EU law” substitute “assimilated law”;
(b)
(b) omit regulation 62 (cessation of Treaty Rights and Obligations);
(c)
(c) in regulation 63—
(i) in the heading, for “retained direct EU legislation” substitute “assimilated direct legislation”;
(ii) in paragraph (a), for “retained direct EU legislation” substitute “assimilated direct legislation”;
(iii) in paragraph (b), for “retained EU Regulations” substitute “assimilated Regulations”.
(3) In Schedule 3—
(a)
(a) in the heading, for “retained direct EU legislation” substitute “assimilated direct legislation”;
(b)
(b) in Part 1, in the heading for “retained direct EU legislation” substitute “assimilated direct legislation”;
(c)
(c) in Part 2, in the heading for “retained EU Regulations” substitute “assimilated Regulations”.
8. Amendment of the European Union Budget, and Economic and Monetary Policy (EU Exit) Regulations 2019
In the European Union Budget, and Economic and Monetary Policy (EU Exit) Regulations 201910, omit—
(a) regulation 4 (cessation of rights, etc.);
(b) regulation 5 (cessation of rights, etc. on restatement).
9. Amendment of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019
In the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 201911, omit Part 4 (Treaty Rights and Obligations).
10. Amendment of the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019
In regulation 3 of the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 201912(exit-related amendments of the Defence and Security Public Contracts Regulations 2011), omit—
(a) paragraph (3)(a) and (c);
(b) paragraph (6)(b);
(c)...
