Crime (International Co-operation) Act 2003

(25A) (1) This paragraph has effect for the purposes of paragraphs 25B to 25G. (2) The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003. (3) A listed offence means— (a) an offence described in Article 3(2) of the relevant Framework Decision, or (b) a prescribed offence or an offence of a prescribed description. (4) An order under sub-paragraph (3)(b) which, for the purposes of paragraph 25D, prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part. (5) Specified information, in relation to a certificate under paragraph 25B or 25D, means— (a) any information required to be given by the form of certificate annexed to the relevant Framework Decision, or (b) any prescribed information. (6) In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State. (7) A participating country means— (a) a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and (b) any other member State designated by an order made by the Secretary of State. (8) “Country” includes territory. (9) Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence. (25B) (1) If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the Court of Session to make a certificate under this paragraph. (2) The Court of Session may make a certificate under this paragraph if— (a) it makes a restraint order in relation to property in the participating country, and (b) it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence. (3) A certificate under this paragraph is a certificate which— (a) is made for the purposes of the relevant Framework Decision, and (b) gives the specified information. (4) If the Court of Session makes a certificate under this paragraph— (a) the restraint order must provide for notice of the certificate to be given to the person affected by it, and (b) paragraph 19(2) to (4) applies to the certificate as it applies to the restraint order. (25C) (1) If a certificate is made under paragraph 25B, the restraint order and the certificate are to be sent to the Lord Advocate for forwarding to— (a) a court exercising jurisdiction in the place where the property is situated, or (b) any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind. (2) The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent. (3) The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English). (4) The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it. The signature may be an electronic signature. (5) If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Lord Advocate for forwarding as mentioned in sub-paragraph (1). (25D) (1) Paragraph 25E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order. (2) An overseas freezing order is an order prohibiting dealing with property— (a) which is in the United Kingdom, (b) which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and (c) in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property, and in respect of which the following requirements of this paragraph are met. (3) The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism. (4) The order must relate to— (a) criminal proceedings instituted in the participating country, or (b) a criminal investigation being carried on there. (5) The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question. (6) The certificate must— (a) be signed by or on behalf of the court or authority which made or confirmed the order, (b) include a statement as to the accuracy of the information given in it, (c) if it is not in English, include a translation of it into English. The signature may be an electronic signature. (7) The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent. (8) An appropriate court or authority in a participating country in relation to an overseas freezing order is— (a) a court exercising criminal jurisdiction in the country, (b) a prosecuting authority in the country, (c) any other authority in the country which appears to the Secretary of State to have the function of making such orders. (9) References in paragraphs 25E to 25G to an overseas freezing order include its accompanying certificate. (25E) (1) Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the Court of Session and to the Lord Advocate. (2) The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court. (3) Before giving effect to the overseas freezing order, the court must give the Lord Advocate an opportunity to be heard. (4) The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998). (25F) The Court of Session may postpone giving effect to an overseas freezing order in respect of any property— (a) in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or (b) if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with. (25G) (1) Where the Court of Session decides to give effect to an overseas freezing order, the Deputy Principal Clerk of Session must— (a) register the order in the Books of Council and Session, (b) provide for notice of the registration to be given to any person affected by it. (2) For the purpose of enforcing an overseas freezing order registered in the Books of Council and Session, the order is to have effect as if it were an order made by the Court of Session. (3) Paragraphs 20 and 21 apply to an overseas freezing order registered in the Books of Council and Session as they apply to a restraint order under paragraph 18. (4) The Court of Session may cancel the registration of the order, or vary the property to which the order applies, on an application by the Lord Advocate or any other person affected by it, if or to the extent that— (a) the court is of the opinion mentioned in paragraph 25E(4), or (b) the court is of the opinion that the order has ceased to have effect in the participating country. (5) Her Majesty may by Order in Council make further provision for the enforcement in Scotland of registered overseas freezing orders. (6) An Order in Council under this paragraph— (a) may make different provision for different cases, (b) is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

6

In paragraph 28 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 25D) ”.

7

In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph 41 there is inserted—

(41A) (1) This paragraph has effect for the purposes of paragraphs 41B to 41G. (2) The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003. (3) A listed offence means— (a) an offence described in Article 3(2) of the relevant Framework Decision, or (b) a prescribed offence or an offence of a prescribed description. (4) An order under sub-paragraph (3)(b) which, for the purposes of paragraph 41D, prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part. (5) Specified information, in relation to a certificate under paragraph 41B or 41D, means— (a) any information required to be given by the form of certificate annexed to the relevant Framework Decision, or (b) any prescribed information. (6) In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State. (7) A participating country means— (a) a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and (b) any other member State designated by an order made by the Secretary of State. (8) “Country” includes territory. (9) Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence. (41B) (1) If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the High Court to make a certificate under this paragraph. (2) The High Court may make a certificate under this paragraph if— (a) it makes a restraint order in relation to property in the participating country, and (b) it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence. (3) A certificate under this paragraph is a certificate which— (a) is made for the purposes of the relevant Framework Decision, and (b) gives the specified information. (4) If the High Court makes a certificate under this paragraph— (a) the restraint order must provide for notice of the certificate to be given to the person affected by it, and (b) paragraph 34(2) to (4) applies to the certificate as it applies to the restraint order. (41C) (1) If a certificate is made under paragraph 41B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to— (a) a court exercising jurisdiction in the place where the property is situated, or (b) any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind. (2) The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent. (3) The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English). (4) The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it. The signature may be an electronic signature. (5) If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1). (41D) (1) Paragraph 41E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order. (2) An overseas freezing order is an order prohibiting dealing with property— (a) which is in the United Kingdom, (b) which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and (c) in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property, and in respect of which the following requirements of this paragraph are met. (3) The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism. (4) The order must relate to— (a) criminal proceedings instituted in the participating country, or (b) a criminal investigation being carried on there. (5) The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question. (6) The certificate must— (a) be signed by or on behalf of the court or authority which made or confirmed the order, (b) include a statement as to the accuracy of the information given in it, (c) if it is not in English, include a translation of it into English. The signature may be an electronic signature. (7) The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent. (8) An appropriate court or authority in a participating country in relation to an overseas freezing order is— (a) a court exercising criminal jurisdiction in the country, (b) a prosecuting authority in the country, (c) any other authority in the country which appears to the Secretary of State to have the function of making such orders. (9) References in paragraphs 41E to 41G to an overseas freezing order include its accompanying certificate. (41E) (1) Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions for Northern Ireland. (2) The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court. (3) Before giving effect to the overseas freezing order, the court must give the Director an opportunity to be heard. (4) The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998). (41F) The High Court may postpone giving effect to an overseas freezing order in respect of any property— (a) in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or (b) if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with. (41G) (1) Where the High Court decides to give effect to an overseas freezing order, it must— (a) register the order in that court, (b) provide for notice of the registration to be given to any person affected by it. (2) For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court. (3) Paragraph 35 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 33. (4) The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions for Northern Ireland or any other person affected by it, if or to the extent that— (a) the court is of the opinion mentioned in paragraph 41E(4), or (b) the court is of the opinion that the order has ceased to have effect in the participating country. (5) Her Majesty may by Order in Council make further provision for the enforcement in Northern Ireland of registered overseas freezing orders. (6) An Order in Council under this paragraph— (a) may make different provision for different cases, (b) is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

8

In paragraph 44 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 41D) ”.

9

In Part 4 of that Schedule (insolvency), in paragraph 45, at the end of paragraph (c) of the definition of “restraint order” there is inserted “ or an order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G ”.

SCHEDULE 5

The Internationally Protected Persons Act 1978 (c. 17)

1

The Internationally Protected Persons Act 1978 is amended as follows.

2

In section 2 (supplementary provisions), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

The Suppression of Terrorism Act 1978 (c. 26)

3

The Suppression of Terrorism Act 1978 is amended as follows.

4

In section 4 (jurisdiction in respect of offences committed outside United Kingdom), in subsections (4) and (5), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))

5

The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

6

In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after “Road Traffic Orders” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

The Nuclear Material (Offences) Act 1983 (c. 18)

7

The Nuclear Material (Offences) Act 1983 is amended as follows.

8

In section 3 (supplemental), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

The Child Abduction Act 1984 (c. 37)

9

The Child Abduction Act 1984 is amended as follows.

10

In section 11 (consequential amendments and repeals), in subsection (3), after “the Internationally Protected Persons Act 1978” there is inserted “ and sections 63B(2) and 63C(2) of the Terrorism Act 2000 ”.

The Criminal Justice Act 1987 (c. 38)

11

The Criminal Justice Act 1987 is amended as follows.

12

In section 2 (investigation powers of Director of Serious Fraud Office)—

• (a) in subsection (1A), for paragraph (b) there is substituted—

(b) the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received by him from a person mentioned in section 13(2) of that Act (an “overseas authority”).

,

• (b) in subsection (8A), for the words from “furnished” to the end there is substituted “ given to the overseas authority which requested it or given to the Secretary of State for forwarding to that overseas authority) ”,

• (c) subsection (8B) is omitted,

• (d) in subsection (8C), for “transmitted” (in both places) there is substituted “ forwarded ”,

• (e) in subsection (18), “(8B)” is omitted.

The Criminal Justice Act 1988 (c. 33)

13

The Criminal Justice Act 1988 is amended as follows.

14

In section 24 (business etc. documents), in subsection (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

15

In section 26 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

16

In paragraph 6 of Schedule 13 (evidence before courts-martial etc.)—

• (a) in sub-paragraph (1)—

• (i) for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”, and

• (ii) for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining outside the United Kingdom evidence ”, and

• (b) in sub-paragraph (4), for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining evidence ”.

The Road Traffic Act 1988 (c. 52)

17

The Road Traffic Act 1988 is amended as follows.

18

In section 88 (exceptions to offence under section 87)—

• (a) in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”,

• (b) in subsection (1B)(a), after “Road Traffic Acts” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

19

In section 92 (requirements as to physical fitness of drivers), in subsection (7D), after “99D” there is inserted “ or 109C ”.

20

In section 94A (driving after refusal or revocation of licence), in subsection (1)—

• (a) in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted “ section 93 ”,

• (b) in paragraph (a)(iii)—

• (i) after “section 99C(1) or (2)” there is inserted “ or 109B ”,

• (ii) after “Community licence” there is inserted “ or Northern Ireland licence ”,

• (c) in paragraph (b)(ii), at the end there is inserted “ or Northern Ireland licence ”.

21

In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”.

22

In section 100 (appeals relating to licences), in subsection (1)—

• (a) in paragraph (c), after “99(3)” there is inserted “ or (3A) ”,

• (b) for “or 99C” there is substituted “ , 99C or 109B ”.

23

In section 105 (regulations)—

• (a) in subsection (2)—

• (i) in paragraph (a), after “this Act,” there is inserted “ Northern Ireland licences, ”,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) in paragraph (f), before “Community licences” there is inserted “ Northern Ireland licences or ”,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

In section 107 (service of notices), for “99B or 99E” there is substituted “ 99B, 99E or 109A ”.

25

In section 108 (interpretation), in subsection (1)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in the definition of “Northern Ireland driving licence” and “Northern Ireland licence”, at the end there is inserted “ and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland ”.

26

In section 109 (provisions as to Northern Ireland drivers' licences)—

• (a) in subsection (1), after “Great Britain,” there is inserted “ in accordance with that licence, ”,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) subsections (3) to (5) are omitted.

27

In section 164 (power of constables to require production of driving licence etc.)—

• (a) in subsection (3)—

• (i) in paragraph (a), before “the Secretary of State” there is inserted “ a person is required to deliver his licence and its counterpart to the Secretary of State under section 63 of the Crime (International Co-operation) Act 2003 or ”,

• (ii) in paragraph (a)(iii), after “99C” there is inserted “ , 109B ”,

• (iii) in paragraph (b), after “99C” there is inserted “ , 109B ” and after “or 118” there is inserted “ or section 63 of the Crime (International Co-operation) Act 2003 ”,

• (b) in subsection (11)—

• (i) in the definition of “licence”, after “this Act” there is inserted “ , a Northern Ireland licence ”,

• (ii) after “ “counterpart”,” there is inserted “ “Northern Ireland licence”, ”.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for “91A,” there is substituted “ 91ZA to ”.

The Road Traffic Offenders Act 1988 (c. 53)

32

The Road Traffic Offenders Act 1988 is amended as follows.

33

In section 3 (restriction on institution of proceedings for certain offences), in subsection (2A), after “99D” there is inserted “ or 109C ”.

34

In section 26 (interim disqualification), in subsection (10), for the words from “and 91A(5)” to “licences)” there is substituted “ , 91ZA(7) and 91A(5) of this Act ”.

35

In section 98 (general interpretation), in subsection (1)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for “and “EEA State”” there is substituted “ , “EEA State” and “Northern Ireland licence” ”.

36

In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act apply)—

• (a) in the entry for section 94(3) of the Road Traffic Act 1988, in column 1, at the end there is inserted “ or 109C ”,

• (b) in the entry for section 94(3A) of that Act, in column 1, at the end there is inserted “ or 109C(c) ”,

• (c) in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

In Schedule 2 (prosecution and punishment of offences)—

• (a) in the entry for section 94(3) of the Road Traffic Act 1988, in column 2, at the end there is inserted “ or 109C ”,

• (b) in the entry for section 94(3A) of that Act, in column 2, at the end there is inserted “ or 109C(c) ”,

• (c) in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) the entry for section 109 of that Act is omitted,

• (f) before the entry for section 114 of that Act there is inserted—

RTA section 109B(4)	Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B.	Summarily.	Level 3 on the standard scale.

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))

38

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is amended as follows.

39

In Article 4 (business etc. documents), in paragraph (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

40

In Article 6 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

41

The Criminal Justice (International Co-operation) Act 1990 is amended as follows.

42

Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of evidence) are omitted.

43

In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—

(3A) A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences).

44

Schedule 1 (proceedings of nominated court) is omitted.

The Road Traffic (New Drivers) Act 1995 (c. 13)

45

The Road Traffic (New Drivers) Act 1995 is amended as follows.

46

In section 2 (surrender of licences), at the end there is inserted—

(6) In this section and section 3 “licence” includes a Northern Ireland licence.

47

In section 3 (revocation of licences)—

• (a) after subsection (1) there is inserted—

(1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1), the Secretary of State must send to the licensing authority in Northern Ireland— (a) particulars of the notice; and (b) the Northern Ireland licence. (1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to subsection (1), he must by notice served on the holder revoke the licence.

,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) at the end, there is inserted—

(3) In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

48

In section 4 (re-testing)—

• (a) in subsection (1)—

• (i) for “section 3(1)” there is substituted “ section 3 ”,

• (ii) after “full licence” (in the second place it occurs) there is inserted “ or (as the case may be) full Northern Ireland licence ”,

• (b) after subsection (1) there is inserted—

(1A) Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).

,

• (c) in subsections (2) and (3), at the end there is inserted “ or (as the case may be) full Northern Ireland licence ”,

• (d) in subsection (5)—

• (i) for “Subsection (1) does” there is substituted “ Subsections (1) and (1A) do ”, and

• (ii) for “section 3(1)” there is substituted “ section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) ”.

49

In section 5 (restoration of licence without re-testing in certain cases)—

• (a) in subsections (1), (4) and (6), for “section 3(1)” there is substituted “ section 3 ”,

• (b) in subsections (3)(a) and (4)(c), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”,

• (c) at the end there is inserted—

(11) Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).

50

In section 7 (early termination of probationary period)—

• (a) in paragraph (b), for “section 3(1)” there is substituted “ section 3 ”,

• (b) in paragraph (c)—

• (i) for “paragraph 5(1)” there is substituted “ paragraph 5 ”,

• (ii) for “paragraph 8(1)” there is substituted “ paragraph 8 ”.

51

In section 9 (interpretation), after subsection (2) there is inserted—

(2A) In this Act— “full Northern Ireland licence” means a Northern Ireland licence other than a Northern Ireland provisional licence, “Northern Ireland provisional licence” means a Northern Ireland licence which corresponds to a provisional licence.

52

Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.

53

In paragraph 1, at the end there is inserted—

(3) In this Schedule “licence” includes a Northern Ireland licence, “full licence” includes a full Northern Ireland licence and “provisional licence” includes a Northern Ireland provisional licence. (4) In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule. (5) References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Northern Ireland test certificate”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1). (6) References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.

54

In paragraph 2, after sub-paragraph (4) there is inserted—

(4A) In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.

55

In paragraph 5—

• (a) after sub-paragraph (1) there is inserted—

(1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate. (1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his test certificate.

,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) at the end there is inserted—

(4) In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain. (5) The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.

56

In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is substituted “ paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1), ”.

57

In paragraph 8—

• (a) after sub-paragraph (1) there is inserted—

(1A) Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland licence and the Northern Ireland test certificate. (1B) Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his licence and test certificate.

,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) at the end there is inserted—

(3) In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

58

In paragraph 9—

• (a) in sub-paragraph (1), for “paragraph 8(1)” there is substituted “ paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1), ”,

• (b) in sub-paragraph (4)(b)(i), after “1988” there is inserted “ , or under a provision of Northern Ireland law corresponding to that section, ”.

59

In paragraph 10(a)—

• (a) for “paragraph 5(1)” there is substituted “ paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1)) ”,

• (b) for “paragraph 8(1)” there is substituted “ paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1)) ”.

60

In paragraph 11—

• (a) in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and “paragraph 8(1)” there is substituted “ paragraph 5 ” and “ paragraph 8 ” respectively,

• (b) in sub-paragraph (1)(d), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”.

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

61

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

62

In section 27 (Lord Advocate’s direction), in subsection (2), for “section 4(2B) of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 15(4) of the Crime (International Co-operation) Act 2003 ”.

63

In section 28 (powers of investigation)—

• (a) in subsection (8), for the words from “by the” to the end there is substituted “ by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority ”,

• (b) subsection (9) is omitted,

• (c) in subsection (10), for “transmitted” (in both places) there is substituted “ forwarded ”.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

64

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

65

In section 210(1)(c) (consideration, in passing sentence of imprisonment or detention, of time spent in custody), at the end there is inserted “ so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003, abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above ”.

The United Nations Personnel Act 1997 (c. 13)

66

The United Nations Personnel Act 1997 is amended as follows.

67

In section 5 (supplementary provisions), in subsections (1) and (2), for “and the Nuclear Material (Offences) Act 1983” there is substituted “ , the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000 ”.

The Data Protection Act 1998 (c. 29)

68

The Data Protection Act 1998 is amended as follows.

69

In section 28(1) (national security), for “section” there is substituted “sections 54A and” .

70

In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12” there is inserted “section 54A and” .

71

In section 63(5) (application to the Crown), for “section” there is substituted “ sections 54A and ” .

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Terrorism Act 2000 (c. 11)

75

The Terrorism Act 2000 is amended as follows.

76

In section 121 (interpretation), in the definition of “premises”, before “includes” (in the first place) there is inserted “ , except in section 63D, ”.

77

In section 123 (orders and regulations), in subsection (2), after paragraph (b) there is inserted—

(ba) section 63C(3)(d);

.

The Regulation of Investigatory Powers Act 2000 (c. 23)

78

The Regulation of Investigatory Powers Act 2000 is amended as follows.

79

In section 65 (investigatory powers tribunal)—

• (a) in subsection (5)—

• (i) after paragraph (c) there is inserted—

(ca) the carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);

,

• (ii) in paragraph (d), at the beginning there is inserted “ other ”,

• (b) after subsection (7), there is inserted—

(7A) For the purposes of this section conduct also takes place in challengeable circumstances if it takes place, or purports to take place, under section 76A.

80

In section 78 (orders, regulations and rules), in subsection (3)(a), for “or 71(9)” there is substituted “ , 71(9) or 76A(9) ”.

The Armed Forces Act 2001 (c. 19)

81

In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—

• (a) after “section” there is inserted “ section 5 of the Criminal Justice (International Co-operation) Act 1990 and ”,

• (b) for “is” there is substituted “ are ”.

The Proceeds of Crime Act 2002 (c. 29)

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

Service of overseas process

Warrants in England and Wales or Northern Ireland

Postponed effect

Exercise of powers by others

Jurisdiction for terrorist offences

Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and Security Act 2001

Application of section 55

Prohibition on holding or obtaining Great Britain and Northern Ireland licences

Offences

False monetary instruments: Scotland

Duty to give notice to Republic of Ireland of UK driving disqualification

Amendments and repeals

Securing attendance of witnesses

Power to administer oaths

Proceedings

Privilege of witnesses

Forwarding evidence

Supplementary

Securing attendance of witnesses

Conduct of hearing

Privilege of witness

Record of hearing

Notification of witness

Conduct of hearing

The Internationally Protected Persons Act 1978 (c. 17)

The Suppression of Terrorism Act 1978 (c. 26)

The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))

The Nuclear Material (Offences) Act 1983 (c. 18)

The Child Abduction Act 1984 (c. 37)

The Criminal Justice Act 1987 (c. 38)

The Criminal Justice Act 1988 (c. 33)

The Road Traffic Act 1988 (c. 52)

The Road Traffic Offenders Act 1988 (c. 53)

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

The Road Traffic (New Drivers) Act 1995 (c. 13)

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

The Criminal Procedure (Scotland) Act 1995 (c. 46)

The United Nations Personnel Act 1997 (c. 13)

The Data Protection Act 1998 (c. 29)

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

The Terrorism Act 2000 (c. 11)

The Regulation of Investigatory Powers Act 2000 (c. 23)

The Armed Forces Act 2001 (c. 19)

The Proceeds of Crime Act 2002 (c. 29)

Editorial notes

[^key-000ff4578c7057fa9b8bcbc4b1287899]: Sch. 2 para. 5 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-0078b65fac0f0e74fa413112ad843b8a]: S. 39 in force at 11.6.2006 by S.S.I. 2006/281, art. 2

[^key-00c752d0055b08a25d287474df8fb00b]: Sch. 1 paras. 1-3 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(a) (with art. 3)

[^key-02d1722c2452e47f79b32a20c8e2a122]: Sch. 4 para. 9 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

[^key-03b0f54edbebe144eb6e7f520949b7ee]: Sch. 5 para. 29 repealed (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 1 Table 1

[^key-048cde1e2272b1a1c9b01ea54fbaf759]: Sch. 5 para. 18(a) in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-04b8854b1aa30e5d65f24366f926a798]: Sch. 4 para. 7 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

[^key-04cd1581a98510d96a92f52e23fcfdc3]: S. 54(3A)(3B) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-04e9492496206cbb3e0e1811f58a23a7]: Sch. 5 para. 43 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-057d90308b02923b46d880da90ab69e9]: Words in s. 55(6)(a) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(a)

[^key-05d55fe909f2f1e706b9d5a9edeb9296]: Sch. 5 para. 34 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-0630ce6bd85ec6b4ae08cfe9515abe6b]: Words in s. 73(2) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 15(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-065d0560ef1bc75ba12b54db10c15c2c]: Words in s. 56 cross-heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 4 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-0794429be658029d13221dcd540297d3]: Sch. 5 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-081be178a61ac8602abf7eb030e2d256]: Sch. 2 para. 15 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-08a37b9cd79b146ae7201fac1b883a29]: Sch. 5 para. 47(b) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

[^key-096b930faebc07720805c99128b0767a]: Sch. 5 para. 28 repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

[^key-0aa5ebac42080ba5566dce117bbd2b8a]: S. 61 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

[^key-0b6a18384fbd9a5450353be48aa2fc32]: Sch. 5 para. 38 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-0b7b605f66a905fe88b63c5078878ed5]: S. 13 functions of Secretary of State made exercisable by the Commissioners (E.W.N.I.) (23.3.2005) by Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 (S.I. 2005/425), arts. 1(1), arts. 3-5

[^key-0c4a9b4f56a12489bc649bbde443e1f2]: Sch. 5 para. 14 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-0ce7f1219fe6c0bf9a40ca45f161aba1]: Words in s. 57(4)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(c) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

[^key-0d480fda456faf2649a50b1b1ec6a231]: Words in Sch. 3 para. 3(e) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(f) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-0dd3d474bbd4a45238100ea130208f20]: Sch. 5 para. 58 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-0e0fb515ef90c4293f59328620a73859]: Sch. 5 para. 64 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-0e125d86cc8770ce4528eca7f0c820b9]: Words in s. 29(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 53(4), 106(2) (with Sch. 8 para. 6(1)); S.R. 2016/387, art. 2(g) (with art. 3)

[^key-0ebb794d6238fbe8748bc5df34559965]: Sch. 6 in force at 11.10.2004 for specified purposes by S.I. 2004/2624, art. 2(1)(2)(c)

[^key-0f78efc62600eb8fe1ac8b2ee9d8c037]: S. 22 in force at 19.10.2009 by S.I. 2009/2605, art. 2(b)

[^key-0fdb877f279d6f512877863efaf45d15]: S. 25 in force at 19.10.2009 by S.I. 2009/2605, art. 2(b)

[^key-10851791620a64f2a3759b39712bc68a]: S. 17 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-116f5c0d4c769401e34946f634688457]: S. 18 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-11d681c681fd6fe56e11664ffeddda5d]: Sch. 5 para. 23 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-11ec0db0fb21e8907a4030d27294ea59]: Words in s. 74(1) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 16(7) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-12da782a791d6be580689375ccdd15d7]: Sch. 1 para. 7 applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 23(6)(a) (with art. 3)

[^key-1521fb6c8c6eb8d918f732601bd2d2ca]: Sch. 5 para. 77 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-1528142d3ab60284c15b51dddaf13008]: S. 28 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-15cf0d32c258daf29d66c8407e6c1bde]: Words in s. 56(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-18145fed866e61db5a471c4960387716]: Sch. 5 para. 23(a)(ii)(iii)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

[^key-1926d00f48ba7ce20564b7fdad8367c4]: Words in s. 28(5)(a) substituted (E.W.N.I.) (1.10.2021) by The Crime (International Co-operation) Act 2003 (Freezing Order) (England and Wales and Northern Ireland) Regulations 2021 (S.I. 2021/987), regs. 1, 3(2)(b)

[^key-1977e235bd5f16eb19814e143b6621d2]: Sch. 5 para. 71 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-1a5f1ccf9b3297f228b8659d581e6d3b]: S. 68(7)(8) substituted for s. 68(7) (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(b)(ii)

[^key-1b47d31330c58e0f1bca18aaa4f2dfbc]: S. 71A inserted (23.2.2017 for specified purposes and otherwise with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(5), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, arts. 2, 3

[^key-1b90dd59f186ea6647a5249d8e1b3363]: Words in s. 65(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 10 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-1bfa0b16369dd34a8c3de4ddb8b218be]: Sch. 5 para. 44 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-1c09478af23add0f461335bb737fad0a]: S. 54 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(3)

[^key-1d36430b21937311686a60c57ea5a671]: Sch. 4 para. 1 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

[^key-1d5ab851d658fccab316ea31cf077a4b]: Sch. 5 para. 27(a)(iii) in force at 28.1.2010 in so far as not already in force by S.I. 2008/3009, art. 2(1)(2)(c)

[^key-1f6d1f56d74db555438d6082fda2e540]: S. 19 functions of Secretary of State made exercisable by the Commissioners (E.W.N.I.) (23.3.2005) by Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 (S.I. 2005/425), arts. 1(1), 3, 7,11, 12

[^key-1ff9884fb05cd1db993e6e738fb2457f]: S. 72(2A) inserted (23.2.2017) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 14(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 2

[^key-20f5a3a23352c45b3743d0fa2735d724]: Sch. 5 para. 35 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-210a4d636aaf748f1993e3a968af6dca]: S. 45 in force at 1.11.2006 by S.I. 2006/2811, art. 3

[^key-219a41a34fdadcd9568242e39ab8a67a]: S. 51(2)(a) and word omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(b)(i) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2290073c1145295ebf418ce13674035d]: Sch. 5 para. 10 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-23fd490af8b3c0b862cdebe920a25018]: Sch. 5 para. 61 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-251a7681727bbeac268aeca1cc7fbc67]: Word in s. 57(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(6)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

[^key-2596d64e9ec5f66392749a3a4bbad85b]: S. 74(3) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 18 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-25e97cf1146520759a414c95f0617c1f]: Sch. 5 para. 83 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 14; S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)

[^key-2829aa2ec028f979d1c74cde7f77ed41]: Words in s. 28(7)(a) substituted (E.W.N.I.) (1.10.2021) by The Crime (International Co-operation) Act 2003 (Freezing Order) (England and Wales and Northern Ireland) Regulations 2021 (S.I. 2021/987), regs. 1, 3(2)(c)

[^key-299269b4e08585b464b0039b7a3a1aff]: Words in s. 74 omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(c)

[^key-29d780724b55e90df7524e2349279e11]: Sch. 5 para. 22 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-2a089256ef491e2afc32eace672a1a59]: S. 56(7) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(8) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-2aac501ca7436248ff1edc6cfcc0ada9]: Word in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-2acc6da81e902a99e30196246e0f8a0b]: Words in Sch. 3 para. 3(f) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(5)(g) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-2adc34981bf5438f491c3ff1933eab8a]: Sch. 4 para. 3 in force at 3.12.2014 by S.I. 2014/3192, art. 2(b)

[^key-2aeb9ae609e15e7510d42daf75580015]: Words in s. 72(2) inserted (23.2.2017) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 14(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 2

[^key-2b82dd0f8d6074722532c58150fe63d4]: Words in Sch. 3 heading inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-2c5cdab4b89e62730e0b95acfb3bdd15]: S. 77 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(a)

[^key-2c66096d8e954d76c9404946836043ca]: Word in s. 47(9) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 237; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^key-2ddd10fc338da05896b434263ae8a6a1]: S. 20 in force at 19.10.2009 by S.I. 2009/2605, art. 2(b)

[^key-2e199735bde7cecee3f10d60ace6ee66]: Words in s. 55(9) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(5)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

[^key-2e1d01b7b8c61190bba5fbf708b22983]: S. 8 applied by 1995 c. 46, s. 194IA(4) (as inserted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 105, 206(1); S.S.I. 2010/413, art. 2, Sch.)

[^key-2e6bc6bdd5d60bcb9548e79355487232]: Sch. 5 para. 31 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-2eec220bc12e1e35119fc5ab04abd48b]: Words in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-2eedab018bc2f73215768100caeb7f70]: S. 56(10) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(10) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

[^key-2f3a2706f1b1c2f9a17cb16919f9eee6]: S. 10 in force at 19.10.2009 by S.I. 2009/2605, art. 2(a)

[^key-2f88c44a46b77962023a507ea00a0f5e]: S. 33 in force at 1.11.2006 by S.I. 2006/2811, art. 2

[^key-30d05c9bd7ce6db4c8b27394d4f9a968]: S. 16 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-3129b6caef720ed76847aac36060c830]: Words in s. 50(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 76(3)(b) (with arts. 28-31)

[^key-31c39a2f3c3c8fd4408f532a6844e80c]: S. 32 in force at 1.11.2006 by S.I. 2006/2811, art. 2

[^key-32cf485997d71a39d6b1d06d7b41ed0f]: Sch. 1A inserted (S.) (with minor differences in punctuation and in the numbering of the last six paragraphs) (16.5.2022) by The Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022 (S.S.I. 2022/95), regs. 1, 4

[^key-33a01e6a480ffe6c7b100b132e7d24b8]: Sch. 5 para. 55 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

[^key-3567ced345d1d2adcf76509e15404f50]: Words in s. 17 omitted (N.I.) (1.3.2007) by virtue of The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 37(2)(b)

[^key-368c2b9d29f73f232c61c90fbb273735]: Sch. 5 para. 78 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-36d507de82bd6b4b44349bf62c301552]: S. 79 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(a)

[^key-373c05d8277d7ee51b2db110cf0fd244]: S. 60 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

[^key-3a32ea103c931135541bc42dac4f4652]: Sch. 1 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3

[^key-3c1fc8b4228456eb027c7dca42a96942]: S. 52 in force at 26.4.2004 by S.I. 2004/786, art. 3