PART 18Mutual Legal Assistance in Criminal Matters

CHAPTER 4Saving provisions relating to European investigation orders

Outgoing European investigation orders (other than relating to the temporary transfer of a prisoner or EU prisoner)I183

1

This regulation applies in relation to a European investigation order transmitted under regulation 9 (transmission of a European investigation order) or 10 (variation or revocation of a European investigation order) of the 2017 Regulations before commencement day.

2

Regulations 77(4) and (5) (amendment of the Criminal Procedure (Scotland) Act 1995), 80 (amendment of the Criminal Justice Act 2003), 81 (amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004) and 82 (amendment of the Investigatory Powers Act 2016) of these Regulations do not apply.

3

The following provisions of the 2017 Regulations continue to have effect—

a

regulation 10 (variation or revocation of a European investigation order), but modified to read as if—

i

the words “vary or” where they appear in each of paragraphs (1) and (2) were omitted;

ii

paragraphs (6) and (7) were omitted;

b

regulation 12 (use of evidence);

c

regulations 2 and 5 (interpretation), Part 1 of Schedule 1 (designated public prosecutors) and Schedule 2 (participating States), but only for the purposes of the provisions which continue to have effect by virtue of sub-paragraphs (a) and (b).

4

In this regulation, “European investigation order” has the meaning given by regulation 5(1)(a) of the 2017 Regulations.