Part 5Miscellaneous and general

Other miscellaneous provisions

212Article 95 alerts: transitional provision

(1)

This section applies in a case where an article 95 alert is issued before 1 January 2004 by an authority of a category 1 territory.

(2)

In such a case, this Act applies as if—

(a)

the alert were a Part 1 warrant issued by the authority;

(b)

any information sent with the alert relating to the case were included in the warrant.

(3)

As applied by subsection (2), this Act has effect with these modifications—

(a)

in sections 2(7) and (8), 28(1), 30(1) and (4)(d), 32(2)(b), 33(6)(b), 35(4)(b), 36(3)(b), 47(3)(b), 49(3)(b), 190(3) and 191(2)(a) for “authority which issued the Part 1 warrant” substitute “authority at the request of which the alert was issued”;

(b)

omit section 5;

(c)

in sections 33(4)(b), 42(2)(a), 43(2)(a) and (4) and 61(1)(d) and (e), for “authority which issued the warrant” substitute “authority at the request of which the alert was issued”;

(d)

in section 66(2), for the words from “believes” to the end substitute “believes is the authority at the request of which the alert was issued”.

(4)

An article 95 alert is an alert issued pursuant to article 95 of the Convention implementing the Schengen agreement of 14th June 1985.