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Crime (International Co-operation) Act 2003

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Crime (International Co-operation) Act 2003 is up to date with all changes known to be in force on or before 21 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Section 15

SCHEDULE 1U.K.Proceedings of a nominated court under section 15

Securing attendance of witnessesU.K.

1The court has the like powers for securing the attendance of a witness as it has for the purposes of other proceedings before the court.

Modifications etc. (not altering text)

Commencement Information

I1Sch. 1 para. 1 in force at 26.4.2004 by S.I. 2004/786, art. 3

2In Scotland the court has power to issue a warrant to officers of law to cite witnesses, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to a witness so cited.

Modifications etc. (not altering text)

Commencement Information

I2Sch. 1 para. 2 in force at 26.4.2004 by S.I. 2004/786, art. 3

Power to administer oathsU.K.

3The court may take evidence on oath.

Modifications etc. (not altering text)

Commencement Information

I3Sch. 1 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3

ProceedingsU.K.

4Rules of court under section 49 may, in particular, make provision in respect of the persons entitled to appear or take part in the proceedings and for excluding the public from the proceedings.

Commencement Information

I4Sch. 1 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3

Privilege of witnessesU.K.

5(1)A person cannot be compelled to give any evidence which he could not be compelled to give—U.K.

(a)in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction, or

(b)subject to sub-paragraph (2), in criminal proceedings in the country from which the request for the evidence has come.

(2)Sub-paragraph (1)(b) does not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the court or authority which made the request.

(3)Where the person’s claim is not conceded, he may be required to give the evidence to which the claim relates (subject to the other provisions of this paragraph); but the evidence may not be forwarded to the court or authority which requested it if a court in the country in question, on the matter being referred to it, upholds the claim.

(4)A person cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.

(5)A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact.

(6)A person cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.

(7)Sub-paragraphs (4) and (6) are without prejudice to the generality of sub-paragraph (1).

Modifications etc. (not altering text)

Commencement Information

I5Sch. 1 para. 5 in force at 26.4.2004 by S.I. 2004/786, art. 3

Forwarding evidenceU.K.

6(1)The evidence received by the court is to be given to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request.U.K.

(2)So far as may be necessary in order to comply with the request—

(a)where the evidence consists of a document, the original or a copy is to be provided,

(b)where it consists of any other article, the article itself, or a description, photograph or other representation of it, is to be provided.

Modifications etc. (not altering text)

C3Sch. 1 para. 6 functions of Secretary of State made exercisable by the Commissioners (E.W.N.I.) (23.3.2005) by Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 (S.I. 2005/425), arts. 1(1), 3, 8

Commencement Information

I6Sch. 1 para. 6 in force at 26.4.2004 by S.I. 2004/786, art. 3

SupplementaryU.K.

7The Bankers' Books Evidence Act 1879 (c. 11) applies to the proceedings as it applies to other proceedings before the court.

Modifications etc. (not altering text)

Commencement Information

I7Sch. 1 para. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3

8No order for costs may be made.

Modifications etc. (not altering text)

Commencement Information

I8Sch. 1 para. 8 in force at 26.4.2004 by S.I. 2004/786, art. 3

Sections 30 and 31

SCHEDULE 2U.K.Evidence given by television link or telephone

Part 1U.K.Evidence given by television link

Securing attendance of witnessesU.K.

1The nominated court has the like powers for securing the attendance of the witness to give evidence through the link as it has for the purpose of proceedings before the court.

Commencement Information

I9Sch. 2 para. 1 in force at 26.4.2004 by S.I. 2004/786, art. 3

2In Scotland the nominated court has power to issue a warrant to officers of law to cite the witness for the purpose of securing his attendance to give evidence through the link, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to the witness if so cited.

Commencement Information

I10Sch. 2 para. 2 in force at 26.4.2004 by S.I. 2004/786, art. 3

Conduct of hearingU.K.

3The witness is to give evidence in the presence of the nominated court.

Commencement Information

I11Sch. 2 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3

4The nominated court is to establish the identity of the witness.

Commencement Information

I12Sch. 2 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3

5The nominated court is to intervene where it considers it necessary to do so to safeguard the rights of the witness.

Commencement Information

I13Sch. 2 para. 5 in force at 26.4.2004 by S.I. 2004/786, art. 3

6The evidence is to be given under the supervision of the court of the country concerned.

Commencement Information

I14Sch. 2 para. 6 in force at 26.4.2004 by S.I. 2004/786, art. 3

7The evidence is to be given in accordance with the laws of that country and with any measures for the protection of the witness agreed between the Secretary of State and the authority in that country which appears to him to have the function of entering into agreements of that kind.

Commencement Information

I15Sch. 2 para. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3

8Rules of court under section 49 must make provision for the use of interpreters.

Commencement Information

I16Sch. 2 para. 8 in force at 26.4.2004 by S.I. 2004/786, art. 3

Privilege of witnessU.K.

9(1)The witness cannot be compelled to give any evidence which he could not be compelled to give in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction.U.K.

(2)The witness cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.

(3)A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is to be conclusive evidence of that fact.

(4)The witness cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.

(5)Sub-paragraphs (2) and (4) are without prejudice to the generality of sub-paragraph (1).

Commencement Information

I17Sch. 2 para. 9 in force at 26.4.2004 by S.I. 2004/786, art. 3

Record of hearingU.K.

10Rules of court under section 49 must make provision—

(a)for the drawing up of a record of the hearing,

(b)for sending the record to the external authority.

Commencement Information

I18Sch. 2 para. 10 in force at 26.4.2004 by S.I. 2004/786, art. 3

Part 2U.K.Evidence given by telephone

Notification of witnessU.K.

11The nominated court must notify the witness of the time when and the place at which he is to give evidence by telephone.

Commencement Information

I19Sch. 2 para. 11 in force at 26.4.2004 by S.I. 2004/786, art. 3

Conduct of hearingU.K.

12The nominated court must be satisfied that the witness is willingly giving evidence by telephone.

Commencement Information

I20Sch. 2 para. 12 in force at 26.4.2004 by S.I. 2004/786, art. 3

13The witness is to give evidence in the presence of the nominated court.

Commencement Information

I21Sch. 2 para. 13 in force at 26.4.2004 by S.I. 2004/786, art. 3

14The nominated court is to establish the identity of the witness.

Commencement Information

I22Sch. 2 para. 14 in force at 26.4.2004 by S.I. 2004/786, art. 3

15The evidence is to be given under the supervision of the court of the participating country.

Commencement Information

I23Sch. 2 para. 15 in force at 26.4.2004 by S.I. 2004/786, art. 3

16The evidence is to be given in accordance with the laws of that country.

Commencement Information

I24Sch. 2 para. 16 in force at 26.4.2004 by S.I. 2004/786, art. 3

17Rules of court under section 49 must make provision for the use of interpreters.

Commencement Information

I25Sch. 2 para. 17 in force at 26.4.2004 by S.I. 2004/786, art. 3

Section 54

SCHEDULE 3U.K.Offences for the purposes of section 54[F1: Great Britain]

Textual Amendments

F1Words in Sch. 3 heading inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Part 1U.K.Offences where order of disqualification for a minimum period unnecessary

1(1)Manslaughter or culpable homicide by the driver of a motor vehicle.U.K.

[F2(2)“Driver” has the same meaning as in the Road Traffic Act 1988.]

Textual Amendments

F2Sch. 3 para. 1(2) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I26Sch. 3 para. 1 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(b)(3)

2An offence under section 89(1) of the Road Traffic Regulation Act 1984 (c. 27) F3... (exceeding speed limit).

Textual Amendments

F3Words in Sch. 3 para. 2 omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I27Sch. 3 para. 2 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(b)(3)

3F4An offence under any of the following sections of the Road Traffic Act 1988 ...—

(a)section 1 F5... (causing death by dangerous driving),

[F6(aa)section 1A (causing serious injury by dangerous driving),]

(b)section 2 F7... (dangerous driving),

[F8(ba)section 2B (causing death by careless, or inconsiderate, driving),]

(c)section 3 F9... (careless, and inconsiderate, driving),

[F10(ca)section 3ZB (causing death by driving: unlicensedF11... or uninsured drivers),]

[F12(cb)section 3ZC (causing death by driving: disqualified drivers),

(cc)section 3ZD (causing serious injury by driving: disqualified drivers),]

(d)section 3A F13... (causing death by careless driving when under influence of drink or drugs),

(e)section 4 F14... (driving, or being in charge, when under influence of drink or drugs),

(f)section 5 F15... (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),

[F16(fa)section 5A (driving, or being in charge, of a motor vehicle with concentration of specified controlled drug above specified limit),]

(g)section 6 F17... (failing to provide a specimen of breath for a breath test),

(h)section 7 F18... (failing to provide specimen for analysis or laboratory test).

Textual Amendments

F4Words in Sch. 3 para. 3 omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F5Words in Sch. 3 para. 3(a) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F7Words in Sch. 3 para. 3(b) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F8Sch. 3 para. 3(ba) inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(6), 61(1)(10); S.I. 2008/1918, art. 2(a)

F9Words in Sch. 3 para. 3(c) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(d) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F10Sch. 3 para. 3(ca) inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 21(5), 61(1)(10); S.I. 2008/1918, art. 2(b)

F11Word in Sch. 3 para. 3(ca) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 10(2) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75

F13Words in Sch. 3 para. 3(d) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(e) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F14Words in Sch. 3 para. 3(e) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(f) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F15Words in Sch. 3 para. 3(f) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(g) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F16Sch. 3 para. 3(fa) inserted (2.3.2015 for E.W., 1.3.2018 for S.N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 16; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2

F17Words in Sch. 3 para. 3(g) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(h) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F18Words in Sch. 3 para. 3(h) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(i) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I28Sch. 3 para. 3 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(b)(3)

4An offence under section 12 of the Road Traffic Act 1988 (motor racing and speed trials on public ways).

Commencement Information

I29Sch. 3 para. 4 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(b)(3)

5An offence under section 103(1)(b) of the Road Traffic Act 1988 F19... (driving while disqualified).

Textual Amendments

F19Words in Sch. 3 para. 5 omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(6) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I30Sch. 3 para. 5 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(b)(3)

6An offence under section 170(4) of the Road Traffic Act 1988 F20... (failing to stop after accident and give particulars or report of accident).

Textual Amendments

F20Words in Sch. 3 para. 6 omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(7) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I31Sch. 3 para. 6 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(b)(3)

Part 2U.K.Offences where order of disqualification for minimum period necessary

7An offence which—

(a)is mentioned in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) F21... , but

(b)is not an offence mentioned in Part 1 of this Schedule.

Textual Amendments

F21Words in Sch. 3 para. 7(a) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(8) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I32Sch. 3 para. 7 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(b)(3)

Section 54

[F22SCHEDULE 3AU.K.Offences for the purposes of section 54: Northern Ireland

Textual Amendments

F22Sch. 3A inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 20 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

PART 1U.K.Offences where order of disqualification for a minimum period unnecessary

1(1)Manslaughter by the driver of a motor vehicle.U.K.

(2)Driver” has the same meaning as in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)).

2An offence under Article 168A(1)(c) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving while disqualified).

3An offence under Article 175(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after accident and give particulars or report of accident).

4An offence under any of the following Articles of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))—

(a)Article 9 (causing death or grievous bodily injury by dangerous driving),

(b)Article 10 (dangerous driving),

(c)Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving),

(d)Article 12 (careless, and inconsiderate, driving),

(e)Article 12B (causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers),

(f)Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs),

(g)Article 15 (driving, or being in charge, when under the influence of drink or drugs),

(h)Article 16 (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),

(i)Article 17 (failing to provide a specimen of breath for a breath test), or

(j)Article 18 (failing to provide a specimen for analysis or laboratory test).

5An offence under Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)) (exceeding speed limit).

PART 2U.K.Offences where order of disqualification for a minimum period necessary

6An offence which—

(a)is mentioned in Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)), but

(b)is not an offence mentioned in Part 1 of this Schedule.]

Section 56

[F23SCHEDULE 3BU.K.Offences for the purposes of section 56: Republic of Ireland

Textual Amendments

F23Sch. 3B inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 21 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

PART 1U.K.Offences where order of disqualification for a minimum period unnecessary

1An offence arising from—

(a)reckless or dangerous driving, whether or not resulting in death, injury or serious risk,

(b)wilful failure to carry out the obligations placed on drivers after being involved in road accidents,

(c)driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver,

(d)refusal to submit to alcohol and drug tests,

(e)driving a vehicle faster than the permitted speed, or

(f)driving a vehicle while disqualified.

PART 2U.K.Offences where order of disqualification for a minimum period necessary

2An offence arising from conduct which is a road traffic offence that is not mentioned in Part 1 of this Schedule.]

Section 90

SCHEDULE 4U.K.Terrorist property: freezing orders

1The Terrorism Act 2000 (c. 11) is amended as follows.

Commencement Information

I33Sch. 4 para. 1 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

2In section 123 (orders and regulations), in subsection (2)(i), for “paragraph” there is substituted “ paragraphs 11A, 25A, 41A and ”.

Commencement Information

I34Sch. 4 para. 2 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

3In Part 1 of Schedule 4 (forfeiture orders: England and Wales), after paragraph 11 there is inserted—

Domestic and overseas freezing ordersU.K.

11A(1)This paragraph has effect for the purposes of paragraphs 11B to 11G.

(2)The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003.

(3)A listed offence means—

(a)an offence described in Article 3(2) of the relevant Framework Decision, or

(b)a prescribed offence or an offence of a prescribed description.

(4)An order under sub-paragraph (3)(b) which, for the purposes of paragraph 11D, prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part.

(5)Specified information, in relation to a certificate under paragraph 11B or 11D, means—

(a)any information required to be given by the form of certificate annexed to the relevant Framework Decision, or

(b)any prescribed information.

(6)In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State.

(7)A participating country means—

(a)a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and

(b)any other member State designated by an order made by the Secretary of State.

(8)Country” includes territory.

(9)Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.

Domestic freezing orders: certificationU.K.

11B(1)If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the High Court to make a certificate under this paragraph.

(2)The High Court may make a certificate under this paragraph if—

(a)it makes a restraint order in relation to property in the participating country, and

(b)it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.

(3)A certificate under this paragraph is a certificate which—

(a)is made for the purposes of the relevant Framework Decision, and

(b)gives the specified information.

(4)If the High Court makes a certificate under this paragraph—

(a)the restraint order must provide for notice of the certificate to be given to the person affected by it, and

(b)paragraph 6(2) to (4) applies to the certificate as it applies to the restraint order.

Sending domestic freezing ordersU.K.

11C(1)If a certificate is made under paragraph 11B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to—

(a)a court exercising jurisdiction in the place where the property is situated, or

(b)any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.

(2)The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.

(3)The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).

(4)The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.

The signature may be an electronic signature.

(5)If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1).

Overseas freezing ordersU.K.

11D(1)Paragraph 11E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.

(2)An overseas freezing order is an order prohibiting dealing with property—

(a)which is in the United Kingdom,

(b)which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and

(c)in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,

and in respect of which the following requirements of this paragraph are met.

(3)The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.

(4)The order must relate to—

(a)criminal proceedings instituted in the participating country, or

(b)a criminal investigation being carried on there.

(5)The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.

(6)The certificate must—

(a)be signed by or on behalf of the court or authority which made or confirmed the order,

(b)include a statement as to the accuracy of the information given in it,

(c)if it is not in English, include a translation of it into English (or, if appropriate, Welsh).

The signature may be an electronic signature.

(7)The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.

(8)An appropriate court or authority in a participating country in relation to an overseas freezing order is—

(a)a court exercising criminal jurisdiction in the country,

(b)a prosecuting authority in the country,

(c)any other authority in the country which appears to the Secretary of State to have the function of making such orders.

(9)References in paragraphs 11E to 11G to an overseas freezing order include its accompanying certificate.

Enforcement of overseas freezing ordersU.K.

11E(1)Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions.

(2)The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.

(3)Before giving effect to the overseas freezing order, the court must give the Director an opportunity to be heard.

(4)The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).

11FThe High Court may postpone giving effect to an overseas freezing order in respect of any property—

(a)in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or

(b)if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.

11G(1)Where the High Court decides to give effect to an overseas freezing order, it must—

(a)register the order in that court,

(b)provide for notice of the registration to be given to any person affected by it.

(2)For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.

(3)Paragraph 7 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 5.

(4)The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions or any other person affected by it, if or to the extent that—

(a)the court is of the opinion mentioned in paragraph 11E(4), or

(b)the court is of the opinion that the order has ceased to have effect in the participating country.

(5)Her Majesty may by Order in Council make further provision for the enforcement in England and Wales of registered overseas freezing orders.

(6)An Order in Council under this paragraph—

(a)may make different provision for different cases,

(b)is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Commencement Information

I35Sch. 4 para. 3 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

4In paragraph 14 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 11D) ”.

Commencement Information

I36Sch. 4 para. 4 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

5In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 25 there is inserted—

Domestic and overseas freezing ordersU.K.

25A(1)This paragraph has effect for the purposes of paragraphs 25B to 25G.

(2)The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003.

(3)A listed offence means—

(a)an offence described in Article 3(2) of the relevant Framework Decision, or

(b)a prescribed offence or an offence of a prescribed description.

(4)An order under sub-paragraph (3)(b) which, for the purposes of paragraph 25D, prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part.

(5)Specified information, in relation to a certificate under paragraph 25B or 25D, means—

(a)any information required to be given by the form of certificate annexed to the relevant Framework Decision, or

(b)any prescribed information.

(6)In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State.

(7)A participating country means—

(a)a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and

(b)any other member State designated by an order made by the Secretary of State.

(8)Country” includes territory.

(9)Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.

Domestic freezing orders: certificationU.K.

25B(1)If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the Court of Session to make a certificate under this paragraph.

(2)The Court of Session may make a certificate under this paragraph if—

(a)it makes a restraint order in relation to property in the participating country, and

(b)it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.

(3)A certificate under this paragraph is a certificate which—

(a)is made for the purposes of the relevant Framework Decision, and

(b)gives the specified information.

(4)If the Court of Session makes a certificate under this paragraph—

(a)the restraint order must provide for notice of the certificate to be given to the person affected by it, and

(b)paragraph 19(2) to (4) applies to the certificate as it applies to the restraint order.

Sending domestic freezing ordersU.K.

25C(1)If a certificate is made under paragraph 25B, the restraint order and the certificate are to be sent to the Lord Advocate for forwarding to—

(a)a court exercising jurisdiction in the place where the property is situated, or

(b)any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.

(2)The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.

(3)The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).

(4)The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.

The signature may be an electronic signature.

(5)If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Lord Advocate for forwarding as mentioned in sub-paragraph (1).

Overseas freezing ordersU.K.

25D(1)Paragraph 25E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.

(2)An overseas freezing order is an order prohibiting dealing with property—

(a)which is in the United Kingdom,

(b)which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and

(c)in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,

and in respect of which the following requirements of this paragraph are met.

(3)The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.

(4)The order must relate to—

(a)criminal proceedings instituted in the participating country, or

(b)a criminal investigation being carried on there.

(5)The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.

(6)The certificate must—

(a)be signed by or on behalf of the court or authority which made or confirmed the order,

(b)include a statement as to the accuracy of the information given in it,

(c)if it is not in English, include a translation of it into English.

The signature may be an electronic signature.

(7)The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.

(8)An appropriate court or authority in a participating country in relation to an overseas freezing order is—

(a)a court exercising criminal jurisdiction in the country,

(b)a prosecuting authority in the country,

(c)any other authority in the country which appears to the Secretary of State to have the function of making such orders.

(9)References in paragraphs 25E to 25G to an overseas freezing order include its accompanying certificate.

Enforcement of overseas freezing ordersU.K.

25E(1)Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the Court of Session and to the Lord Advocate.

(2)The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.

(3)Before giving effect to the overseas freezing order, the court must give the Lord Advocate an opportunity to be heard.

(4)The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).

25FThe Court of Session may postpone giving effect to an overseas freezing order in respect of any property—

(a)in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or

(b)if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.

25G(1)Where the Court of Session decides to give effect to an overseas freezing order, the Deputy Principal Clerk of Session must—

(a)register the order in the Books of Council and Session,

(b)provide for notice of the registration to be given to any person affected by it.

(2)For the purpose of enforcing an overseas freezing order registered in the Books of Council and Session, the order is to have effect as if it were an order made by the Court of Session.

(3)Paragraphs 20 and 21 apply to an overseas freezing order registered in the Books of Council and Session as they apply to a restraint order under paragraph 18.

(4)The Court of Session may cancel the registration of the order, or vary the property to which the order applies, on an application by the Lord Advocate or any other person affected by it, if or to the extent that—

(a)the court is of the opinion mentioned in paragraph 25E(4), or

(b)the court is of the opinion that the order has ceased to have effect in the participating country.

(5)Her Majesty may by Order in Council make further provision for the enforcement in Scotland of registered overseas freezing orders.

(6)An Order in Council under this paragraph—

(a)may make different provision for different cases,

(b)is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Commencement Information

I37Sch. 4 para. 5 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

6In paragraph 28 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 25D) ”.

Commencement Information

I38Sch. 4 para. 6 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

7In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph 41 there is inserted—

Domestic and overseas freezing ordersU.K.

41A(1)This paragraph has effect for the purposes of paragraphs 41B to 41G.

(2)The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003.

(3)A listed offence means—

(a)an offence described in Article 3(2) of the relevant Framework Decision, or

(b)a prescribed offence or an offence of a prescribed description.

(4)An order under sub-paragraph (3)(b) which, for the purposes of paragraph 41D, prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part.

(5)Specified information, in relation to a certificate under paragraph 41B or 41D, means—

(a)any information required to be given by the form of certificate annexed to the relevant Framework Decision, or

(b)any prescribed information.

(6)In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State.

(7)A participating country means—

(a)a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and

(b)any other member State designated by an order made by the Secretary of State.

(8)Country” includes territory.

(9)Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.

Domestic freezing orders: certificationU.K.

41B(1)If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the High Court to make a certificate under this paragraph.

(2)The High Court may make a certificate under this paragraph if—

(a)it makes a restraint order in relation to property in the participating country, and

(b)it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.

(3)A certificate under this paragraph is a certificate which—

(a)is made for the purposes of the relevant Framework Decision, and

(b)gives the specified information.

(4)If the High Court makes a certificate under this paragraph—

(a)the restraint order must provide for notice of the certificate to be given to the person affected by it, and

(b)paragraph 34(2) to (4) applies to the certificate as it applies to the restraint order.

Sending domestic freezing ordersU.K.

41C(1)If a certificate is made under paragraph 41B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to—

(a)a court exercising jurisdiction in the place where the property is situated, or

(b)any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.

(2)The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.

(3)The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).

(4)The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.

The signature may be an electronic signature.

(5)If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1).

Overseas freezing ordersU.K.

41D(1)Paragraph 41E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.

(2)An overseas freezing order is an order prohibiting dealing with property—

(a)which is in the United Kingdom,

(b)which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and

(c)in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,

and in respect of which the following requirements of this paragraph are met.

(3)The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.

(4)The order must relate to—

(a)criminal proceedings instituted in the participating country, or

(b)a criminal investigation being carried on there.

(5)The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.

(6)The certificate must—

(a)be signed by or on behalf of the court or authority which made or confirmed the order,

(b)include a statement as to the accuracy of the information given in it,

(c)if it is not in English, include a translation of it into English.

The signature may be an electronic signature.

(7)The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.

(8)An appropriate court or authority in a participating country in relation to an overseas freezing order is—

(a)a court exercising criminal jurisdiction in the country,

(b)a prosecuting authority in the country,

(c)any other authority in the country which appears to the Secretary of State to have the function of making such orders.

(9)References in paragraphs 41E to 41G to an overseas freezing order include its accompanying certificate.

Enforcement of overseas freezing ordersU.K.

41E(1)Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions for Northern Ireland.

(2)The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.

(3)Before giving effect to the overseas freezing order, the court must give the Director an opportunity to be heard.

(4)The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).

41FThe High Court may postpone giving effect to an overseas freezing order in respect of any property—

(a)in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or

(b)if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.

41G(1)Where the High Court decides to give effect to an overseas freezing order, it must—

(a)register the order in that court,

(b)provide for notice of the registration to be given to any person affected by it.

(2)For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.

(3)Paragraph 35 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 33.

(4)The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions for Northern Ireland or any other person affected by it, if or to the extent that—

(a)the court is of the opinion mentioned in paragraph 41E(4), or

(b)the court is of the opinion that the order has ceased to have effect in the participating country.

(5)Her Majesty may by Order in Council make further provision for the enforcement in Northern Ireland of registered overseas freezing orders.

(6)An Order in Council under this paragraph—

(a)may make different provision for different cases,

(b)is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Commencement Information

I39Sch. 4 para. 7 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

8In paragraph 44 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 41D) ”.

Commencement Information

I40Sch. 4 para. 8 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

9In Part 4 of that Schedule (insolvency), in paragraph 45, at the end of paragraph (c) of the definition of “restraint order” there is inserted “ or an order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G ”.

Commencement Information

I41Sch. 4 para. 9 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

Section 91

SCHEDULE 5U.K.Minor and consequential amendments

The Internationally Protected Persons Act 1978 (c. 17)U.K.

1The Internationally Protected Persons Act 1978 is amended as follows.

Commencement Information

I42Sch. 5 para. 1 in force at 26.4.2004 by S.I. 2004/786, art. 3

2In section 2 (supplementary provisions), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

Commencement Information

I43Sch. 5 para. 2 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Suppression of Terrorism Act 1978 (c. 26)U.K.

3The Suppression of Terrorism Act 1978 is amended as follows.

Commencement Information

I44Sch. 5 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3

4In section 4 (jurisdiction in respect of offences committed outside United Kingdom), in subsections (4) and (5), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

Commencement Information

I45Sch. 5 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))U.K.

5The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

Commencement Information

I46Sch. 5 para. 5 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

6In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after “Road Traffic Orders” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

Commencement Information

I47Sch. 5 para. 6 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

The Nuclear Material (Offences) Act 1983 (c. 18)U.K.

7The Nuclear Material (Offences) Act 1983 is amended as follows.

Commencement Information

I48Sch. 5 para. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3

8In section 3 (supplemental), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

Commencement Information

I49Sch. 5 para. 8 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Child Abduction Act 1984 (c. 37)U.K.

9The Child Abduction Act 1984 is amended as follows.

Commencement Information

I50Sch. 5 para. 9 in force at 26.4.2004 by S.I. 2004/786, art. 3

10In section 11 (consequential amendments and repeals), in subsection (3), after “the Internationally Protected Persons Act 1978” there is inserted “ and sections 63B(2) and 63C(2) of the Terrorism Act 2000 ”.

Commencement Information

I51Sch. 5 para. 10 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice Act 1987 (c. 38)U.K.

11The Criminal Justice Act 1987 is amended as follows.

Commencement Information

I52Sch. 5 para. 11 in force at 26.4.2004 by S.I. 2004/786, art. 3

12In section 2 (investigation powers of Director of Serious Fraud Office)—

(a)in subsection (1A), for paragraph (b) there is substituted—

(b)the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received by him from a person mentioned in section 13(2) of that Act (an “overseas authority”).,

(b)in subsection (8A), for the words from “furnished” to the end there is substituted “ given to the overseas authority which requested it or given to the Secretary of State for forwarding to that overseas authority) ”,

(c)subsection (8B) is omitted,

(d)in subsection (8C), for “transmitted” (in both places) there is substituted “ forwarded ”,

(e)in subsection (18), “(8B)” is omitted.

Commencement Information

I53Sch. 5 para. 12 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice Act 1988 (c. 33)U.K.

13The Criminal Justice Act 1988 is amended as follows.

Commencement Information

I54Sch. 5 para. 13 in force at 26.4.2004 by S.I. 2004/786, art. 3

14In section 24 (business etc. documents), in subsection (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Commencement Information

I55Sch. 5 para. 14 in force at 26.4.2004 by S.I. 2004/786, art. 3

15In section 26 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Commencement Information

I56Sch. 5 para. 15 in force at 26.4.2004 by S.I. 2004/786, art. 3

16In paragraph 6 of Schedule 13 (evidence before courts-martial etc.)—

(a)in sub-paragraph (1)—

(i)for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”, and

(ii)for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining outside the United Kingdom evidence ”, and

(b)in sub-paragraph (4), for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining evidence ”.

Commencement Information

I57Sch. 5 para. 16 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic Act 1988 (c. 52)U.K.

17The Road Traffic Act 1988 is amended as follows.

Commencement Information

I58Sch. 5 para. 17 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

18In section 88 (exceptions to offence under section 87)—

(a)in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”,

(b)in subsection (1B)(a), after “Road Traffic Acts” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

Commencement Information

I59Sch. 5 para. 18(a) in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

I60Sch. 5 para. 18(b) in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

19In section 92 (requirements as to physical fitness of drivers), in subsection (7D), after “99D” there is inserted “ or 109C ”.

Commencement Information

I61Sch. 5 para. 19 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

20In section 94A (driving after refusal or revocation of licence), in subsection (1)—

(a)in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted “ section 93 ”,

(b)in paragraph (a)(iii)—

(i)after “section 99C(1) or (2)” there is inserted “ or 109B ”,

(ii)after “Community licence” there is inserted “ or Northern Ireland licence ”,

(c)in paragraph (b)(ii), at the end there is inserted “ or Northern Ireland licence ”.

Commencement Information

I62Sch. 5 para. 20 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

21In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”.

Commencement Information

I63Sch. 5 para. 21 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

22In section 100 (appeals relating to licences), in subsection (1)—

(a)in paragraph (c), after “99(3)” there is inserted “ or (3A) ”,

(b)for “or 99C” there is substituted “ , 99C or 109B ”.

Commencement Information

I64Sch. 5 para. 22 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

23In section 105 (regulations)—

(a)in subsection (2)—

(i)in paragraph (a), after “this Act,” there is inserted “ Northern Ireland licences, ”,

F24(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)in paragraph (f), before “Community licences” there is inserted “ Northern Ireland licences or ”,

F24(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24Sch. 5 para. 23(a)(ii)(iii)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I65Sch. 5 para. 23 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

24In section 107 (service of notices), for “99B or 99E” there is substituted “ 99B, 99E or 109A ”.

Commencement Information

I66Sch. 5 para. 24 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

25In section 108 (interpretation), in subsection (1)—

F25(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the definition of “Northern Ireland driving licence” and “Northern Ireland licence”, at the end there is inserted “ and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland ”.

Textual Amendments

F25Sch. 5 para. 25(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I67Sch. 5 para. 25 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

26In section 109 (provisions as to Northern Ireland drivers' licences)—

(a)in subsection (1), after “Great Britain,” there is inserted “ in accordance with that licence, ”,

F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)subsections (3) to (5) are omitted.

Textual Amendments

F26Sch. 5 para. 26(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I68Sch. 5 para. 26 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

27In section 164 (power of constables to require production of driving licence etc.)—

(a)in subsection (3)—

(i)in paragraph (a), before “the Secretary of State” there is inserted “ a person is required to deliver his licence and its counterpart to the Secretary of State under section 63 of the Crime (International Co-operation) Act 2003 or ”,

(ii)in paragraph (a)(iii), after “99C” there is inserted “ , 109B ”,

(iii)in paragraph (b), after “99C” there is inserted “ , 109B ” and after “or 118” there is inserted “ or section 63 of the Crime (International Co-operation) Act 2003 ”,

(b)in subsection (11)—

(i)in the definition of “licence”, after “this Act” there is inserted “ , a Northern Ireland licence ”,

(ii)after “ “counterpart”,” there is inserted “ “Northern Ireland licence”, ”.

Commencement Information

I69Sch. 5 para. 27(a)(i) in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

I70Sch. 5 para. 27(a)(ii) in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

I71Sch. 5 para. 27(a)(iii) in force at 11.10.2004 for specified purposes by S.I. 2004/2624, art. 2(1)(2)(b)

I72Sch. 5 para. 27(a)(iii) in force at 28.1.2010 in so far as not already in force by S.I. 2008/3009, art. 2(1)(2)(c)

I73Sch. 5 para. 27(b) in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

F2728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2930. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

31In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for “91A,” there is substituted “ 91ZA to ”.

Commencement Information

I74Sch. 5 para. 31 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Road Traffic Offenders Act 1988 (c. 53)U.K.

32The Road Traffic Offenders Act 1988 is amended as follows.

Commencement Information

I75Sch. 5 para. 32 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

33In section 3 (restriction on institution of proceedings for certain offences), in subsection (2A), after “99D” there is inserted “ or 109C ”.

Commencement Information

I76Sch. 5 para. 33 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

34In section 26 (interim disqualification), in subsection (10), for the words from “and 91A(5)” to “licences)” there is substituted “ , 91ZA(7) and 91A(5) of this Act ”.

Commencement Information

I77Sch. 5 para. 34 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

35In section 98 (general interpretation), in subsection (1)—

F30(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for “and “EEA State”” there is substituted “ , “EEA State” and “Northern Ireland licence” ”.

Textual Amendments

F30Sch. 5 para. 35(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I78Sch. 5 para. 35 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

36In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act apply)—

(a)in the entry for section 94(3) of the Road Traffic Act 1988, in column 1, at the end there is inserted “ or 109C ”,

(b)in the entry for section 94(3A) of that Act, in column 1, at the end there is inserted “ or 109C(c) ”,

(c)in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

F31(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I79Sch. 5 para. 36 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

37In Schedule 2 (prosecution and punishment of offences)—

(a)in the entry for section 94(3) of the Road Traffic Act 1988, in column 2, at the end there is inserted “ or 109C ”,

(b)in the entry for section 94(3A) of that Act, in column 2, at the end there is inserted “ or 109C(c) ”,

(c)in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

F32(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the entry for section 109 of that Act is omitted,

(f)before the entry for section 114 of that Act there is inserted—

RTA section 109B(4)Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B.Summarily.Level 3 on the standard scale.

Textual Amendments

Commencement Information

I80Sch. 5 para. 37 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))U.K.

38The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is amended as follows.

Commencement Information

I81Sch. 5 para. 38 in force at 26.4.2004 by S.I. 2004/786, art. 3

39In Article 4 (business etc. documents), in paragraph (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Commencement Information

I82Sch. 5 para. 39 in force at 26.4.2004 by S.I. 2004/786, art. 3

40In Article 6 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Commencement Information

I83Sch. 5 para. 40 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice (International Co-operation) Act 1990 (c. 5)U.K.

41The Criminal Justice (International Co-operation) Act 1990 is amended as follows.

Commencement Information

I84Sch. 5 para. 41 in force at 26.4.2004 by S.I. 2004/786, art. 3

42Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of evidence) are omitted.

Commencement Information

I85Sch. 5 para. 42 in force at 26.4.2004 by S.I. 2004/786, art. 3

43In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—

(3A)A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences).

Commencement Information

I86Sch. 5 para. 43 in force at 26.4.2004 by S.I. 2004/786, art. 3

44Schedule 1 (proceedings of nominated court) is omitted.

Commencement Information

I87Sch. 5 para. 44 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic (New Drivers) Act 1995 (c. 13)U.K.

45The Road Traffic (New Drivers) Act 1995 is amended as follows.

Commencement Information

I88Sch. 5 para. 45 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

46In section 2 (surrender of licences), at the end there is inserted—

(6)In this section and section 3 “licence” includes a Northern Ireland licence.

Commencement Information

I89Sch. 5 para. 46 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

47In section 3 (revocation of licences)—

(a)after subsection (1) there is inserted—

(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1), the Secretary of State must send to the licensing authority in Northern Ireland—

(a)particulars of the notice; and

(b)the Northern Ireland licence.

(1B)Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to subsection (1), he must by notice served on the holder revoke the licence.,

F33(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at the end, there is inserted—

(3)In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

Textual Amendments

F33Sch. 5 para. 47(b) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

Commencement Information

I90Sch. 5 para. 47 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

48In section 4 (re-testing)—

(a)in subsection (1)—

(i)for “section 3(1)” there is substituted “ section 3 ”,

(ii)after “full licence” (in the second place it occurs) there is inserted “ or (as the case may be) full Northern Ireland licence ”,

(b)after subsection (1) there is inserted—

(1A)Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).,

(c)in subsections (2) and (3), at the end there is inserted “ or (as the case may be) full Northern Ireland licence ”,

(d)in subsection (5)—

(i)for “Subsection (1) does” there is substituted “ Subsections (1) and (1A) do ”, and

(ii)for “section 3(1)” there is substituted “ section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) ”.

Commencement Information

I91Sch. 5 para. 48 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

49In section 5 (restoration of licence without re-testing in certain cases)—

(a)in subsections (1), (4) and (6), for “section 3(1)” there is substituted “ section 3 ”,

(b)in subsections (3)(a) and (4)(c), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”,

(c)at the end there is inserted—

(11)Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).

Commencement Information

I92Sch. 5 para. 49 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

50In section 7 (early termination of probationary period)—

(a)in paragraph (b), for “section 3(1)” there is substituted “ section 3 ”,

(b)in paragraph (c)—

(i)for “paragraph 5(1)” there is substituted “ paragraph 5 ”,

(ii)for “paragraph 8(1)” there is substituted “ paragraph 8 ”.

Commencement Information

I93Sch. 5 para. 50 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

51In section 9 (interpretation), after subsection (2) there is inserted—

(2A)In this Act—

full Northern Ireland licence” means a Northern Ireland licence other than a Northern Ireland provisional licence,

Northern Ireland provisional licence” means a Northern Ireland licence which corresponds to a provisional licence.

Commencement Information

I94Sch. 5 para. 51 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

52Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.

Commencement Information

I95Sch. 5 para. 52 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

53In paragraph 1, at the end there is inserted—

(3)In this Schedule “licence” includes a Northern Ireland licence, “full licence” includes a full Northern Ireland licence and “provisional licence” includes a Northern Ireland provisional licence.

(4)In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule.

(5)References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Northern Ireland test certificate”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

(6)References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.

Commencement Information

I96Sch. 5 para. 53 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

54In paragraph 2, after sub-paragraph (4) there is inserted—

(4A)In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.

Commencement Information

I97Sch. 5 para. 54 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

55In paragraph 5—

(a)after sub-paragraph (1) there is inserted—

(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate.

(1B)Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his test certificate.,

F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at the end there is inserted—

(4)In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.

(5)The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.

Textual Amendments

F34Sch. 5 para. 55(b) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

Commencement Information

I98Sch. 5 para. 55 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

56In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is substituted “ paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1), ”.

Commencement Information

I99Sch. 5 para. 56 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

57In paragraph 8—

(a)after sub-paragraph (1) there is inserted—

(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland licence and the Northern Ireland test certificate.

(1B)Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his licence and test certificate.,

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at the end there is inserted—

(3)In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

Textual Amendments

F35Sch. 5 para. 57(b) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

Commencement Information

I100Sch. 5 para. 57 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

58In paragraph 9—

(a)in sub-paragraph (1), for “paragraph 8(1)” there is substituted “ paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1), ”,

(b)in sub-paragraph (4)(b)(i), after “1988” there is inserted “ , or under a provision of Northern Ireland law corresponding to that section, ”.

Commencement Information

I101Sch. 5 para. 58 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

59In paragraph 10(a)—

(a)for “paragraph 5(1)” there is substituted “ paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1)) ”,

(b)for “paragraph 8(1)” there is substituted “ paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1)) ”.

Commencement Information

I102Sch. 5 para. 59 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

60In paragraph 11—

(a)in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and “paragraph 8(1)” there is substituted “ paragraph 5 ” and “ paragraph 8 ” respectively,

(b)in sub-paragraph (1)(d), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”.

Commencement Information

I103Sch. 5 para. 60 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)U.K.

61The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

Commencement Information

I104Sch. 5 para. 61 in force at 26.4.2004 by S.I. 2004/786, art. 3

62In section 27 (Lord Advocate’s direction), in subsection (2), for “section 4(2B) of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 15(4) of the Crime (International Co-operation) Act 2003 ”.

Commencement Information

I105Sch. 5 para. 62 in force at 26.4.2004 by S.I. 2004/786, art. 3

63In section 28 (powers of investigation)—

(a)in subsection (8), for the words from “by the” to the end there is substituted “ by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority ”,

(b)subsection (9) is omitted,

(c)in subsection (10), for “transmitted” (in both places) there is substituted “ forwarded ”.

Commencement Information

I106Sch. 5 para. 63 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Procedure (Scotland) Act 1995 (c. 46)U.K.

64The Criminal Procedure (Scotland) Act 1995 is amended as follows.

Commencement Information

I107Sch. 5 para. 64 in force at 26.4.2004 by S.I. 2004/786, art. 3

65In section 210(1)(c) (consideration, in passing sentence of imprisonment or detention, of time spent in custody), at the end there is inserted “ so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003, abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above ”.

Commencement Information

I108Sch. 5 para. 65 in force at 26.4.2004 by S.I. 2004/786, art. 3

The United Nations Personnel Act 1997 (c. 13)U.K.

66The United Nations Personnel Act 1997 is amended as follows.

Commencement Information

I109Sch. 5 para. 66 in force at 26.4.2004 by S.I. 2004/786, art. 3

67In section 5 (supplementary provisions), in subsections (1) and (2), for “and the Nuclear Material (Offences) Act 1983” there is substituted “ , the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000 ”.

Commencement Information

I110Sch. 5 para. 67 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Data Protection Act 1998 (c. 29)U.K.

68The Data Protection Act 1998 is amended as follows.

Commencement Information

I111Sch. 5 para. 68 in force at 26.4.2004 by S.I. 2004/786, art. 3

69In section 28(1) (national security), for “section” there is substituted “sections 54A and” .

Commencement Information

I112Sch. 5 para. 69 in force at 26.4.2004 by S.I. 2004/786, art. 3

70In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12” there is inserted “section 54A and” .

Commencement Information

I113Sch. 5 para. 70 in force at 26.4.2004 by S.I. 2004/786, art. 3

71In section 63(5) (application to the Crown), for “section” there is substituted “ sections 54A and ” .

Commencement Information

I114Sch. 5 para. 71 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)U.K.

72The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

Commencement Information

I115Sch. 5 para. 72 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

73In section 146 (driving disqualification for any offence)—

(a)in subsection (4), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

(aa)in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence and its counterpart (if any); or,

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 5 para. 73(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I116Sch. 5 para. 73 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

74In section 147 (driving disqualification where vehicle used for purposes of crime), in subsection (5), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

(aa)in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence and its counterpart (if any); or.

Commencement Information

I117Sch. 5 para. 74 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Terrorism Act 2000 (c. 11)U.K.

75The Terrorism Act 2000 is amended as follows.

Commencement Information

I118Sch. 5 para. 75 in force at 26.4.2004 by S.I. 2004/786, art. 3

76In section 121 (interpretation), in the definition of “premises”, before “includes” (in the first place) there is inserted “ , except in section 63D, ”.

Commencement Information

I119Sch. 5 para. 76 in force at 26.4.2004 by S.I. 2004/786, art. 3

77In section 123 (orders and regulations), in subsection (2), after paragraph (b) there is inserted—

(ba)section 63C(3)(d);.

Commencement Information

I120Sch. 5 para. 77 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Regulation of Investigatory Powers Act 2000 (c. 23)U.K.

78The Regulation of Investigatory Powers Act 2000 is amended as follows.

Commencement Information

I121Sch. 5 para. 78 in force at 26.4.2004 by S.I. 2004/786, art. 3

79In section 65 (investigatory powers tribunal)—

(a)in subsection (5)—

(i)after paragraph (c) there is inserted—

(ca)the carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);,

(ii)in paragraph (d), at the beginning there is inserted “ other ”,

(b)after subsection (7), there is inserted—

(7A)For the purposes of this section conduct also takes place in challengeable circumstances if it takes place, or purports to take place, under section 76A.

Commencement Information

I122Sch. 5 para. 79 in force at 26.4.2004 by S.I. 2004/786, art. 3

80In section 78 (orders, regulations and rules), in subsection (3)(a), for “or 71(9)” there is substituted “ , 71(9) or 76A(9) ”.

Commencement Information

I123Sch. 5 para. 80 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Armed Forces Act 2001 (c. 19)U.K.

81In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—

(a)after “section” there is inserted “ section 5 of the Criminal Justice (International Co-operation) Act 1990 and ”,

(b)for “is” there is substituted “ are ”.

Commencement Information

I124Sch. 5 para. 81 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Proceeds of Crime Act 2002 (c. 29)U.K.

F3782. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3883. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 91

SCHEDULE 6U.K.Repeals

Commencement Information

I125Sch. 6 in force at 26.4.2004 for specified purposes by S.I. 2004/786, art. 3

I126Sch. 6 in force at 11.10.2004 for specified purposes by S.I. 2004/2624, art. 2(1)(2)(c)

I127Sch. 6 in force at 17.12.2008 for specified purposes by S.I. 2008/3009, art. 3

Short title and chapterExtent of repeal
Criminal Justice Act 1987 (c. 38)

In section 2—

  • subsection (8B),

  • in subsection (18), the word “(8B)”.

In section 3(6), the “and” preceding paragraph (m).

Road Traffic Act 1988 (c. 52)

In section 108(1), in the definition of “counterpart”, the “and” at the end of paragraph (a).

In section 109—

  • in subsection (2), paragraph (b) and the “and” preceding it,

  • subsections (3) to (5).

Road Traffic Offenders Act 1988 (c. 53)In Schedule 2, the entry for section 109 of the Road Traffic Act 1988.
Criminal Justice (International Co-operation) Act 1990 (c. 5)

Sections 1 to 4, 7, 8 and 11.

Schedule 1.

In Schedule 4, paragraphs 6(2) and 8.

Criminal Justice and Public Order Act 1994 (c. 33)Section 164(1).
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)Section 28(9).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

In section 146—

  • in subsection (4), the “or” at the end of paragraph (a),

  • in subsection (5), in the definition of “counterpart”, the “and” at the end of paragraph (a).

In section 147(5), the “or” at the end of paragraph (a).

Criminal Justice and Police Act 2001 (c. 16)In Schedule 1, paragraph 49.
Proceeds of Crime Act 2002 (c. 29)Section 376(5).

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