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Crime (International Co-operation) Act 2003

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This is the original version (as it was originally enacted).

Chapter 6Supplementary

49Rules of court

(1)Provision may be made by rules of court as to the practice and procedure to be followed in connection with proceedings under this Part.

(2)Rules of court made under this section by the High Court in Scotland are to be made by Act of Adjournal.

(3)The power to make rules of court under this section does not prejudice any existing power to make rules.

50Subordinate legislation

(1)Any power to make an order conferred by this Part on the Secretary of State, the Treasury or the Scottish Ministers is exercisable by statutory instrument.

(2)Such an order may make different provision for different purposes.

(3)A statutory instrument (other than an instrument to which subsection (5) applies) containing an order made by the Secretary of State or the Treasury is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)A statutory instrument (other than an instrument to which subsection (5) applies) containing an order made by the Scottish Ministers is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5)A statutory instrument containing an order under section 51(2)(b) designating a country other than a member State is not to be made unless—

(a)in the case of an order to be made by the Secretary of State, a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament,

(b)in the case of an order to be made by the Scottish Ministers, a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

51General interpretation

(1)In this Part—

  • “the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990 (c. 5),

  • “the 2001 Protocol” means the Protocol to the Mutual Legal Assistance Convention, established by Council Act of 16th October 2001 (2001/C326/01),

  • “administrative proceedings” means proceedings outside the United Kingdom to which Article 3(1) of the Mutual Legal Assistance Convention applies (proceedings brought by administrative authorities in respect of administrative offences where a decision in the proceedings may be the subject of an appeal before a court),

  • “chief officer of police”—

    (a)

    in relation to any area in Scotland, means the chief constable for the police force maintained for that area,

    (b)

    in relation to any area in Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland,

  • “clemency proceedings” means proceedings in a country outside the United Kingdom, not being proceedings before a court exercising criminal jurisdiction, for the removal or reduction of a penalty imposed on conviction of an offence,

  • “country” includes territory,

  • “court” includes a tribunal,

  • “criminal proceedings” include criminal proceedings outside the United Kingdom in which a civil order may be made,

  • “customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2),

  • “evidence” includes information in any form and articles, and giving evidence includes answering a question or producing any information or article,

  • “the Mutual Legal Assistance Convention” means the Convention on Mutual Assistance in Criminal Matters established by Council Act of 29th May 2000 (2000/C197/01),

  • “the Schengen Convention” means the Convention implementing the Schengen Agreement of 14th June 1985.

(2)A participating country, in relation to any provision of this Part, means—

(a)a country other than the United Kingdom which is a member State on a day appointed for the commencement of that provision, and

(b)any other country designated by an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers.

(3)In this Part, “process”, in relation to England and Wales and Northern Ireland, means any summons or order issued or made by a court and includes—

(a)any other document issued or made by a court for service on parties or witnesses,

(b)any document issued by a prosecuting authority outside the United Kingdom for the purposes of criminal proceedings.

(4)In this Part, “process”, in relation to service in Scotland, means a citation by a court or by a prosecuting authority, or an order made by a court, and includes any other document issued or made as mentioned in subsection (3)(a) or (b).

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