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The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

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Amendment of the 2003 Act

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87.—(1) The 2003 Act is amended as follows.

(2) In section 1 (service of overseas process)—

(a)in subsection (1)—

(i)omit “or other document”;

(ii)omit “or document”;

(b)in subsection (2), omit paragraphs (b), (c) and (d);

(c)in subsections (3) and (4), omit “or document”.

(3) In section 7 (requests for assistance in obtaining evidence abroad), omit subsection (7).

(4) In section 8(3) (sending requests for assistance), omit paragraph (b) and the “or” immediately before it.

(5) Omit the following—

(a)section 10 (domestic freezing orders);

(b)section 11 (sending freezing orders);

(c)section 12 (variation or revocation of freezing orders);

(6) In section 13(3) (requests for assistance from overseas authorities), omit paragraph (b).

(7) In section 14 (powers to arrange for evidence to be obtained)—

(a)in subsection (1), omit paragraphs (b) and (c);

(b)in subsection (2)—

(i)omit “or (b)”;

(ii)omit “An offence includes an act punishable in administrative proceedings.”.

(8) Omit the following—

(a)section 20 (overseas freezing orders);

(b)section 21 (considering overseas freezing orders);

(c)section 22 (giving effect to overseas freezing orders);

(d)section 23 (postponement);

(e)section 24 (evidence seized by or produced to a constable);

(f)section 25 (release of evidence held);

(9) In section 26 (powers under warrants)—

(a)in subsection (1) omit “or 22”;

(b)omit subsection (2).

(10) In section 28 (interpretation of Chapter 2)—

(a)in subsection (1), omit the following definitions—

(i)“domestic freezing order”;

(ii)“overseas freezing order”;

(iii)“the relevant Framework Decision”;

(b)omit subsections (5) to (8).

(11) Omit Chapter 4 of Part 1 (information about banking transactions).

(12) In section 50(5) (subordinate legislation)(1), omit “designating a country other than a member State”.

(13) In section 51 (general interpretation)(2)—

(a)in subsection (1), omit the following definitions—

(i)“the 2001 Protocol”;

(ii)“administrative proceedings”;

(iii)“clemency proceedings”;

(iv)“criminal proceedings”;

(v)“the Mutual Legal Assistance Convention”;

(vi)“the Schengen Convention”;

(b)in subsection (2)—

(i)omit paragraph (a) and the “and” at the end of that paragraph;

(ii)in paragraph (b), omit “other”.

(1)

There are amendments to section 50 not relevant for the purposes of this instrument.

(2)

Section 51 was amended by S.I. 2013/602 and 2017/730.

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