The Crime (International Co-operation) Act 2003 (Commencement No. 5) Order 2009

Statutory Instruments

2009 No. 2605 (C. 112)

Criminal Law

The Crime (International Co-operation) Act 2003 (Commencement No. 5) Order 2009

Made

24th September 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 94 of the Crime (International Co-operation) Act 2003(1).

Citation

1.  This Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No. 5) Order 2009.

Provisions coming into force on 19^th October 2009

2.  The following provisions of the Crime (International Co-operation) Act 2003 shall come into force on 19^th October 2009—

(a) sections 10 to 12 (domestic freezing orders); and

(b) sections 20 to 25 (overseas freezing orders).

Phil Woolas

Minister of State

Home Office

24th September 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 19^th October 2009 the provisions of the Crime (International Co-operation) Act 2003 (“the Act”) specified in Article 2 which are concerned with domestic and overseas evidence freezing orders. Sections 10 to 12 of the Act set out the powers and procedures to make a domestic freezing order to protect evidence which is situated in a participating country. Sections 20 to 25 set out the powers and procedures in relation to the execution of an overseas freezing order requiring the freezing of evidence situated in the UK for its subsequent use in any proceedings or investigation in a participating country. These provisions give effect to the evidence freezing provisions of the 2003 Framework Decision on the execution in the European Union of orders freezing property or evidence (2003/577/JHA) adopted by the Council of the European Union on 22^nd July 2003.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Crime (International Co-operation) Act 2003 have been brought into force in England, Wales and Northern Ireland by commencement order before the date of this Order—

Provision	Date of Commencement	S.I. No.
Sections 1 to 9	26th April 2004	2004/786
Sections 13 to 19	26th April 2004	2004/786
Sections 26 to 31	26th April 2004	2004/786
Sections 32 to 36	1st November 2006	2006/2811
Section 42 to 46	1st November 2006	2006/2811
Sections 47 and 48	26th April 2004	2004/786
Sections 49 to 51	26th March 2004	2004/786
Sections 52 and 53	26th April 2004	2004/786
Chapter 1 of Part 3 (partially)	Not yet in force	2008/3009
Sections 80 to 85	26th April 2004	2004/786
Section 88	26th April 2004	2004/786
Section 91	26th April 2004	2004/786
Schedules 1 and 2	26th April 2004	2004/786
Schedule 3	Not yet in force	2008/3009
Schedule 5 (partially)	26th April 2004	2004/786
Schedule 5 (partially)	11th October 2004	2004/786
Schedule 5 (partially)	Not yet in force	2008/3009
Schedule 6 (partially)	26th April 2004	2004/786
Schedule 6 (partially)	11th October 2004	2004/2624
Schedule 6 (partially)	17th December 2004	2008/3009

(1)

2003 c.32.