Search Legislation

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2008 No. 264

CRIMINAL LAW

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2008

Made

24th June 2008

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 51(2)(b) of the Crime (International Co operation) Act 2003(1) and all other powers enabling them to do so.

In accordance with section 50(5)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Crime (International Co operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2008 and comes into force on the day after the day on which it is made.

Designation of participating country

2.  The United States of America is hereby designated as a participating country for the purposes of sections 37 (customer information), 40 (account information), 43 (information about a person’s bank account), 44 (monitoring banking transactions) and 45 (sending requests for assistance) of the Crime (International Co operation) Act 2003.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

24th June 2008

Explanatory Note

(This note is not part of the Order)

This Order designates the United States of America as a participating country for the purposes of sections 37, 40, 43, 44 and 45 of the Crime (International Co-operation) Act 2003 (“the 2003 Act”).

Section 37 applies where the Lord Advocate receives a request for customer information in relation to a person who appears to be the subject of an investigation in a participating country into serious criminal conduct. “Serious criminal conduct” is defined in section 46(3) of the 2003 Act. Section 37(3) confers on the Lord Advocate the power to direct a procurator fiscal to apply for a customer information order. A customer information order is an order made by a sheriff which requires a financial institution to provide the applicant with the customer information specified in the order about the person specified in the order. Section 37(6) defines what is meant by “customer information” by reference to section 398 of the Proceeds of Crime Act 2002 (c. 29) with certain exceptions.

Section 40 makes similar provision in relation to account monitoring orders which are orders compelling, for a specified period, the provision of account information to the applicant from a financial institution. “Account information” is defined in section 40(5) of the 2003 Act.

Sections 43, 44 and 45 enable judicial and prosecuting authorities to make requests for customer and account information to participating countries.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources