The Criminal Justice (European Investigation Order) Regulations 2017

Interpretation

5.—(1) In this Part—

“European investigation order” means—

(a)

in relation to this Chapter and Chapter 2, an order made or validated under regulation 6 or 7;

(b)

in relation to Chapter 3, an order made under regulation 22;

“executing authority” means an authority of the executing State having competence to recognise a European investigation order and ensure its execution in accordance with the Directive and the procedure applicable in a similar domestic case;

“judicial authority”—

(a)

in relation to England and Wales, means any judge or justice of the peace;

(b)

in relation to Northern Ireland, means any judge;

(c)

in relation to Scotland, means any judge of the High Court or sheriff;

“specified information” means the information required by Article 5 of the Directive to be included on the form set out in Annex A to the Directive.

(2) References in this Part to “the executing State”—

(a) in relation to a European investigation order made under regulation 6, are to be construed in accordance with regulation 6(2);

(b) in relation to a European investigation order made or validated under regulation 7, are to be construed in accordance with regulation 7(3);

(c) in relation to a warrant issued under regulation 20, or to a European investigation order made under regulation 22 pursuant to such a warrant, are to be construed in accordance with regulation 20(1);

(d) in relation to a warrant issued under regulation 21, or a European investigation order made under regulation 22 pursuant to such a warrant, are to be construed in accordance with regulation 21(1).

(3) For the purposes of this Part, a person transmits a European investigation order to a central authority or executing authority if that person sends the order to such an authority by any means capable of producing a written record under conditions allowing the authority to establish the order’s authenticity.