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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

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Article 2

SCHEDULE 1FUNCTIONS TO BE TREATED AS BEING EXERCISABLE IN OR AS REGARDS SCOTLAND

Functions under the 2000 Act

1.  (1)  Without prejudice to paragraph 2 of Schedule 1 to the 2000 Order or paragraph 1 of Schedule 1 to the 2003 Order, the functions of the Secretary of State under section 5 of the 2000 Act (interception with a warrant) are, for the purposes of section 63 of the 1998 Act, to be treated as being exercisable in or as regards Scotland if they are exercisable in the class of case mentioned in sub paragraph (2) below.

(2) The class of case referred to in sub paragraph (1) constitutes any case where the warrant under section 5 of the 2000 Act–

(a)authorises or requires the person to whom it is addressed to secure the making of a request in accordance with paragraph (b) of section 5(1), or a request in accordance with that paragraph and disclosure in accordance with section 5(1)(d); and

(b)the warrant is issued on an application made by or on behalf of–

(i)the Director General of the Scottish Crime and Drug Enforcement Agency; or

(ii)the Director General of the Serious Organised Crime Agency for the purpose of preventing or detecting serious crime in Scotland.

2.  (1)  Without prejudice to paragraph 3 of Schedule 1 to the 2000 Order or paragraph 2 of Schedule 1 to the 2003 Order, the functions of the Secretary of State under sections 9(1)(b) and (3), 10(1)(a) and (2) and 15(1) of the 2000 Act (duration, cancellation, modification and renewal of warrants etc. and general safeguards) are, for the purposes of section 63 of the 1998 Act, to be treated as being exercisable in or as regards Scotland if they are exercisable in the class of case mentioned in sub paragraph (2) below.

(2) The class of case referred to in sub paragraph (1) constitutes any case where–

(a)the function is exercisable in relation to a warrant issued under section 5 of the 2000 Act; and

(b)the function of issuing such a warrant is, under paragraph 1 above, to be treated for the purposes of section 63 of the 1998 Act as a case where the function is, for those purposes, treated as being exercisable in or as regards Scotland.

Article 3

SCHEDULE 2ENACTMENT CONFERRING FUNCTIONS TRANSFERRED TO SCOTTISH MINISTERS

Column 1Column 2
EnactmentRestrictions
The 2000 Act–

(a)section 5

Only so far as the functions are exercisable for the purpose–

(a)

of preventing or detecting serious crime; or

(b)

in circumstances appearing to the Scottish Ministers to be equivalent to those in which they would issue a warrant by virtue of section 5(3)(b) of the 2000 Act, of giving effect to the provisions of any international mutual assistance agreement.

(b)sections 9(1)(b) and (3), 10(1)(a) and (2) and 15(1)

Only so far as the functions are exercisable in relation to a warrant issued under section 5 by the Scottish Ministers by virtue of this Order.

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