PART 12 Exchange of Information and Intelligence between Law Enforcement Authorities and Disclosure in Foreign Proceedings

CHAPTER 1 Exchange of information and intelligence between law enforcement authorities

45 Saving provision – information and intelligence supplied before commencement day or under Article 63(1)(d) of the withdrawal agreement or Article 52(b) of the EEA EFTA separation agreement
1 This regulation applies in relation to information or intelligence supplied to a UK competent authority before commencement day in accordance with the Framework Decision , or supplied on or after commencement day in accordance with Article 63(1)(d) of the withdrawal agreement or Article 52(b) of the EEA EFTA separation agreement.
Words in reg. 45(1) inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 16(b)
2 The following provisions of the CJDP Regulations continue to have effect in relation to the information or intelligence, subject to the modification in paragraph (3) (and see Article 63(1)(d) and Title VII of Part 3 of the withdrawal agreement, Article 52(b) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—
(a) regulation 58(1), (4) and (5) (requirements for the sharing of information or intelligence);
(b) regulation 59 (reasons to withhold information or intelligence), in so far as it applies for the purposes of regulation 58(5).
Words in reg. 45(2) inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 16(c)
3 The modification is that paragraphs (3) and (4) of regulation 59 are to be read as if the words “under the Framework Decision” in each paragraph were omitted.
4 The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a member State.
Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Words in reg. 45 heading inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 16(a)