2020 No. 386
Criminal Law

The Criminal Justice and Data Protection (Protocol No. 36) Amendment (Scotland) Regulations 2020

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 19721 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Criminal Justice and Data Protection (Protocol No. 36) Amendment (Scotland) Regulations 2020 and come into force on 19 December 2020.

Amendment of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 20142.

(1)

Schedule 1 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 20142 is amended as follows.

(2)

In paragraph 1 (Interpretation):

(a)

after the definition of “domestic restraint order” insert:

““listed 2018 Regulation offence” means an offence described in Article 3(1) of the 2018 Regulation;”,

(b)

for the definition of “specified information” substitute:

““specified information” means—

(a)

in relation to a certificate under paragraph 2, any information required to be given by the form of certificate attached as Annex I to the 2018 Regulation;

(b)

in relation to a certificate under paragraph 7, any information required to be given by the form of certificate attached as Annex II to the 2018 Regulation;”,

(c)

after the substituted definition of “specified information” insert:

““the 2018 Regulation” means Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders;”.

(3)

In paragraph 2(3) (Domestic restraint orders: certification) for “the 2003 Framework decision” substitute “Chapter II of the 2018 Regulation”.

(4)

In paragraph 4(9) (Sending overseas restraint orders to the court), for “a listed 2003 Framework Decision offence” substitute “a listed 2018 Regulation offence”.

(5)

In paragraph 7(3) (Domestic confiscation orders: certification) for “the 2006 Framework Decision” substitute “Chapter III of the 2018 Regulation”.

(6)

In paragraph 9(9) (Sending overseas confiscation orders to the court), for “a listed 2006 Framework Decision offence” substitute “a listed 2018 Regulation offence”.

HUMZA YOUSAF
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (“the 2014 Regulations”) and provide for the implementation of Regulation (EU) 2018/1805 of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders (“Regulation (EU) 2018/1805”).

From 19 December 2020 the legal framework for the mutual recognition of freezing orders and confiscation orders between member states will be governed by Regulation (EU) 2018/1805. The 2014 Regulations set out the current legislative framework in Scotland for the mutual recognition of overseas freezing orders and confiscation orders and these Regulations make amendments for the necessary changes to the framework for the implementation of Regulation (EU) 2018/1805.