PART 3 Recognition and execution in the United Kingdom of a European investigation order made in a participating State

CHAPTER 4 Execution 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 produced

41.—(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(b) it appears to the nominated court that the European investigation order has been withdrawn or no longer has effect in the issuing State.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.