Part 5

Miscellaneous and general

Other miscellaneous provisions

Article 95 alerts: transitional provision
212
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.