PART 3Recognition and execution in the United Kingdom of a European investigation order made in a participating State
CHAPTER 4Execution of a European investigation order by means of a search warrant etc.
Power to revoke or vary a search warrant or production order or to authorise the release of evidence seized or produced41
1
On an application by a person mentioned in paragraph (3) or (4), the nominated court may—
a
vary or revoke a warrant issued or production order made by it under regulation 39, or
b
authorise the release of any evidence retained by a constable under regulation 40(1).
2
But the nominated court may only exercise its power under paragraph (1) to the extent that—
a
it is of the opinion mentioned in regulation 39(5), or
b
it appears to the nominated court that the European investigation order has been withdrawn or no longer has effect in the issuing State.
3
In relation to England and Wales and Northern Ireland, the persons are—
a
the chief officer of police to whom a copy of the European investigation order was sent;
b
the constable retaining the evidence under regulation 40(1);
c
any other person affected by the order.
4
In relation to Scotland, the persons are—
a
a procurator fiscal;
b
any other person affected by the order.
5
When considering an application under this regulation, the nominated court must not entertain any challenge to the substantive reasons in relation to which the European investigation order was issued.