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Part 1 U.K.Mutual assistance in criminal matters

Chapter 2U.K.Mutual provision of evidence

GeneralU.K.

28Interpretation of Chapter 2U.K.

(1)In this Chapter—

(2)The following provisions have effect for the purposes of this Chapter.

(3)In relation to England and Wales and Northern Ireland, “items subject to legal privilege”, “excluded material” and “special procedure material” have the same meaning as in the Police and Criminal Evidence Act 1984 or (as the case may be) the Police and Criminal Evidence (Northern Ireland) Order 1989.

(4)In relation to Scotland, “items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002.

(5)A listed offence means—

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

(b)an offence prescribed or of a description prescribed by an order made by the Secretary of State.

(6)An order prescribing an offence or a description of offences under subsection (5)(b) may require, in the case of an overseas freezing order, 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.

(7)Specified information, in relation to a certificate required by section 11(4) or 20(5), means—

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

(b)any information prescribed by an order made by the Secretary of State.

(8)In relation to Scotland, references above in this section to the Secretary of State are to be read as references to the Scottish Ministers.

(9)The territorial authority—

(a)in relation to evidence in England and Wales or Northern Ireland, is the Secretary of State,

(b)in relation to evidence in Scotland, is the Lord Advocate.

Commencement Information

I1S. 28 in force at 26.4.2004 by S.I. 2004/786, art. 3