The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2008

Statutory Instruments

2008 No. 2156

Criminal Law

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2008

Made

7th August 2008

Coming into force in accordance with article 1

A draft of this Order has been approved by each House of Parliament in accordance with section 50(5)(a) of the Crime (International Co-operation) Act 2003(1).

The Secretary of State, in exercise of the powers conferred upon her by section 51(2)(b) of the Crime (International Co-operation) Act 2003 (‘the 2003 Act’), makes the following Order:

1.  This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2008 and shall come into force on the expiry of one week beginning with the day on which it is made.

2.  This Order extends to England and Wales and Northern Ireland.

3.  The United States of America is designated as a participating country under section 51(2)(b) of the 2003 Act for the purposes of sections 32, 35, 43, 44 and 45 of the 2003 Act.

West of Spithead

Parliamentary Under Secretary of State

Home Office

7th August 2008

EXPLANATORY NOTE

(This note is not part of the Order)

Section 32 of the 2003 Act confers on the Secretary of State discretion to direct a senior police or senior customs officer to apply for, or to arrange respectively for a constable or a customs officer to apply for a customer information order when a request for such information is received from a participating country. A customer information order is an order made by a judge which requires a financial institution to provide such customer information as is specified in the order in relation to the person in respect of whom the order is made.

Section 35 of the 2003 Act confers on the Secretary of State discretion to direct a senior police or senior customs officer to apply for, or to arrange respectively for a constable or a customs officer to apply for, an account monitoring order when a request for such information is received from a participating country. An account monitoring order is an order made by a judge that the financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to the applicant in the manner, and at or by the time or times, stated in the order.

Sections 43 and 44 of the 2003 Act enable judicial and prosecuting authorities in the UK to make outgoing requests for customer and account information to participating countries. Section 45 of the 2003 Act provides that these requests will be forwarded to the participating country by the Secretary of State.

This Order designates the United States of America as a participating country under section 51(2)(b) of the 2003 Act for the purpose of sections 32, 35, 43, 33 and 45 of that Act and extends to England and Wales and Northern Ireland.

(1)

2003 c.32.