Crime (International Co-operation) Act 2003

(76A) (1) This section applies where— (a) a foreign police or customs officer is carrying out relevant surveillance outside the United Kingdom which is lawful under the law of the country or territory in which it is being carried out; (b) circumstances arise by virtue of which the surveillance can for the time being be carried out only in the United Kingdom; and (c) it is not reasonably practicable in those circumstances for a United Kingdom officer to carry out the surveillance in the United Kingdom in accordance with an authorisation under Part 2 or the Regulation of Investigatory Powers (Scotland) Act 2000. (2) “Relevant surveillance” means surveillance which— (a) is carried out in relation to a person who is suspected of having committed a relevant crime; and (b) is, for the purposes of Part 2, directed surveillance or intrusive surveillance. (3) “Relevant crime” means crime which— (a) falls within Article 40(7) of the Schengen Convention; or (b) is crime for the purposes of any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers. (4) Relevant surveillance carried out by the foreign police or customs officer in the United Kingdom during the permitted period is to be lawful for all purposes if— (a) the condition mentioned in subsection (6) is satisfied; (b) the officer carries out the surveillance only in places to which members of the public have or are permitted to have access, whether on payment or otherwise; and (c) conditions specified in any order made by the Secretary of State with the consent of the Scottish Ministers are satisfied in relation to its carrying out; but no surveillance is lawful by virtue of this subsection if the officer subsequently seeks to stop and question the person in the United Kingdom in relation to the relevant crime. (5) The officer is not to be subject to any civil liability in respect of any conduct of his which is incidental to any surveillance that is lawful by virtue of subsection (4). (6) The condition in this subsection is satisfied if, immediately after the officer enters the United Kingdom— (a) he notifies a person designated by the Director General of the National Criminal Intelligence Service of that fact; and (b) (if the officer has not done so before) he requests an application to be made for an authorisation under Part 2, or the Regulation of Investigatory Powers (Scotland) Act 2000, for the carrying out of the surveillance. (7) “The permitted period” means the period of five hours beginning with the time when the officer enters the United Kingdom. (8) But a person designated by an order made by the Secretary of State may notify the officer that the surveillance is to cease being lawful by virtue of subsection (4) when he gives the notification. (9) The Secretary of State is not to make an order under subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House. (10) In this section references to a foreign police or customs officer are to a police or customs officer who, in relation to a country or territory other than the United Kingdom, is an officer for the purposes of— (a) Article 40 of the Schengen Convention; or (b) any other international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers. (11) In this section— - “the Schengen Convention” means the Convention implementing the Schengen Agreement of 14th June 1985; - “United Kingdom officer” means— 1. a member of a police force; 2. a member of the National Criminal Intelligence Service; 3. a member of the National Crime Squad or of the Scottish Crime Squad (within the meaning of the Regulation of Investigatory Powers (Scotland) Act 2000); 4. a customs officer.

Assaults on foreign officers

84

• (1) For the purposes of section 89 of the Police Act 1996 (c. 16) (assaults on constables) any person who is carrying out surveillance in England and Wales under section 76A of the Regulation of Investigatory Powers Act 2000 (c. 23) is to be treated as if he were acting as a constable in the execution of his duty.

• (2) For the purposes of section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaults on constables) any person who is carrying out surveillance in Scotland under section 76A of that Act of 2000 is to be treated as if he were acting in the capacity of a constable.

• (3) For the purposes of section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on constables) any person who is carrying out surveillance in Northern Ireland under section 76A of that Act of 2000 is to be so treated.

Liability in respect of foreign officers

85

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Extradition

Schengen-building provisions of the 1996 Extradition Convention

86

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States in relation to which 1995 and 1996 Extradition Conventions not in force

87

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

False monetary instruments

False monetary instruments: England and Wales and Northern Ireland

88

• (1) Section 5 of the Forgery and Counterfeiting Act 1981 (c. 45) (offences relating to money orders, share certificates, passports, etc.) is amended as follows.

• (2) In subsection (5)—

• (a) in paragraph (g), at the end there is inserted “ and other bills of exchange ”,

• (b) after paragraph (h) there is inserted—

(ha) bankers' drafts; (hb) promissory notes;

,

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

(ja) debit cards;

.

• (3) After subsection (6) there is inserted—

(7) An instrument is also an instrument to which this section applies if it is a monetary instrument specified for the purposes of this section by an order made by the Secretary of State. (8) The power under subsection (7) above is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

False monetary instruments: Scotland

89

After section 46 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) there is inserted—

(46A) (1) A person who counterfeits or falsifies a specified monetary instrument with the intention that it be uttered as genuine is guilty of an offence. (2) A person who has in his custody or under his control, without lawful authority or excuse— (a) anything which is, and which he knows or believes to be, a counterfeited or falsified specified monetary instrument; or (b) any machine, implement or computer programme, or any paper or other material, which to his knowledge is specially designed or adapted for the making of a specified monetary instrument, is guilty of an offence. (3) For the purposes of subsections (1) and (2)(a) above, it is immaterial that the specified monetary instrument (or purported specified monetary instrument) is not in a fit state to be uttered or that the counterfeiting or falsifying of it has not been finished or perfected. (4) A person guilty of an offence under this section is liable on summary conviction— (a) to a fine not exceeding the statutory maximum; (b) to imprisonment for a term not exceeding six months; or (c) both to a fine and to such imprisonment. (5) A person guilty of an offence— (a) under subsection (1) above is liable on conviction on indictment— (i) to a fine; (ii) to imprisonment for a term not exceeding ten years; or (iii) both to a fine and to such imprisonment; (b) under subsection (2) above is liable on conviction on indictment— (i) to a fine; (ii) if it is proved that the offence was committed with the intention that the specified monetary instrument in question be uttered (or as the case may be that a specified monetary instrument be uttered), to imprisonment for a term not exceeding ten years and if it is not so proved, to imprisonment for a term not exceeding two years; or (iii) both to a fine and to imprisonment for a term not exceeding ten years, if it is proved as mentioned in sub-paragraph (ii) above, or both to a fine and to imprisonment for a term not exceeding two years if it is not so proved. (6) Where an offence under this section which has been committed— (a) by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body; or (b) by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a member of that partnership, or by any person who was purporting to act in any such capacity, he as well as the body corporate, or as the case may be the partnership, is guilty of that offence and is liable to be proceeded against and punished accordingly. (7) Where the affairs of a body corporate are managed by its members, subsection (6) above applies in relation to the actings and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (8) In subsections (1) to (5) above, “specified” means for the time being specified for the purposes of this section, by order made by the Scottish Ministers. (9) The power to make an order under subsection (8) above— (a) includes power to make such incidental, supplemental, transitional or transitory provision as the Scottish Ministers think necessary or expedient; and (b) is exercisable by statutory instrument. (10) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Freezing of terrorist property

Freezing of terrorist property

90

Schedule 4 is to have effect.

Part 5 — Final provisions

Chapter 1 — Amendments and repeals

Amendments and repeals

91

• (1) Schedule 5 (minor and consequential amendments) is to have effect.

• (2) The enactments set out in Schedule 6 are repealed to the extent specified.

Chapter 2 — Miscellaneous

Northern Ireland

92

An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of Chapter 2 of Part 3 of this Act—

• (a) is not to be subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but

• (b) is to be subject to annulment in pursuance of a resolution of either House of Parliament.

Supplementary and consequential provision

93

• (1) The appropriate Minister may by order made by statutory instrument make—

• (a) any supplementary, incidental or consequential provision,

• (b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

• (2) The appropriate Minister means—

• (a) in relation to any provision that would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, the Scottish Ministers,

• (b) in relation to any other provision, the Secretary of State.

• (3) The provision which may be made under subsection (1) includes provision amending or repealing any enactment or instrument.

• (4) An order under this section may make different provision for different purposes.

• (5) A statutory instrument (other than an instrument to which subsection (6) applies) containing an order under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) A statutory instrument containing such an order which adds to, replaces or omits any part of the text of an Act is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) A statutory instrument (other than an instrument to which subsection (8) applies) containing an order under this section made by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (8) A statutory instrument containing such an order which adds to, replaces or omits any part of the text of an Act or of an Act of the Scottish Parliament is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

Commencement

94

• (1) This Act (except this Chapter and the provisions mentioned in subsection (3)) is to come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

• (2) Any day appointed for the purposes of Part 1 (other than sections 32 to 41), and the related amendments and repeals, is to be one decided by the Secretary of State and the Scottish Ministers.

• (3) The following are to come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint—

• (a) sections 37 to 41,

• (b) section 89.

• (4) An order under this section may make different provision for different purposes.

Extent

95

• (1) Sections 32 to 36 extend only to England and Wales and Northern Ireland.

• (2) Sections 37 to 41 extend only to Scotland.

Short title

96

This Act may be cited as the Crime (International Co-operation) Act 2003.

SCHEDULE 1

Securing attendance of witnesses

1

The court has the like powers for securing the attendance of a witness as it has for the purposes of other proceedings before the court.

2

In Scotland the court has power to issue a warrant to officers of law to cite witnesses, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to a witness so cited.

Power to administer oaths

3

The court may take evidence on oath.

Proceedings

4

Rules of court under section 49 may, in particular, make provision in respect of the persons entitled to appear or take part in the proceedings and for excluding the public from the proceedings.

Privilege of witnesses

5

• (1) A person cannot be compelled to give any evidence which he could not be compelled to give—

• (a) in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction, or

• (b) subject to sub-paragraph (2), in criminal proceedings in the country from which the request for the evidence has come.

• (2) Sub-paragraph (1)(b) does not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the court or authority which made the request.

• (3) Where the person’s claim is not conceded, he may be required to give the evidence to which the claim relates (subject to the other provisions of this paragraph); but the evidence may not be forwarded to the court or authority which requested it if a court in the country in question, on the matter being referred to it, upholds the claim.

• (4) A person cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.

• (5) A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact.

• (6) A person cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.

• (7) Sub-paragraphs (4) and (6) are without prejudice to the generality of sub-paragraph (1).

Forwarding evidence

6

• (1) The evidence received by the court is to be given to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request.

• (2) So far as may be necessary in order to comply with the request—

• (a) where the evidence consists of a document, the original or a copy is to be provided,

• (b) where it consists of any other article, the article itself, or a description, photograph or other representation of it, is to be provided.

Supplementary

7

The Bankers' Books Evidence Act 1879 (c. 11) applies to the proceedings as it applies to other proceedings before the court.

8

No order for costs may be made.

SCHEDULE 2

Part 1 — Evidence given by television link

Securing attendance of witnesses

1

The nominated court has the like powers for securing the attendance of the witness to give evidence through the link as it has for the purpose of proceedings before the court.

2

In Scotland the nominated court has power to issue a warrant to officers of law to cite the witness for the purpose of securing his attendance to give evidence through the link, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to the witness if so cited.

Conduct of hearing

3

The witness is to give evidence in the presence of the nominated court.

4

The nominated court is to establish the identity of the witness.

5

The nominated court is to intervene where it considers it necessary to do so to safeguard the rights of the witness.

6

The evidence is to be given under the supervision of the court of the country concerned.

7

The evidence is to be given in accordance with the laws of that country and with any measures for the protection of the witness agreed between the Secretary of State and the authority in that country which appears to him to have the function of entering into agreements of that kind.

8

Rules of court under section 49 must make provision for the use of interpreters.

Privilege of witness

9

• (1) The witness cannot be compelled to give any evidence which he could not be compelled to give in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction.

• (2) The witness cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.

• (3) A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is to be conclusive evidence of that fact.

• (4) The witness cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.

• (5) Sub-paragraphs (2) and (4) are without prejudice to the generality of sub-paragraph (1).

Record of hearing

10

Rules of court under section 49 must make provision—

• (a) for the drawing up of a record of the hearing,

• (b) for sending the record to the external authority.

Part 2 — Evidence given by telephone

Notification of witness

11

The nominated court must notify the witness of the time when and the place at which he is to give evidence by telephone.

Conduct of hearing

12

The nominated court must be satisfied that the witness is willingly giving evidence by telephone.

13

The witness is to give evidence in the presence of the nominated court.

14

The nominated court is to establish the identity of the witness.

15

The evidence is to be given under the supervision of the court of the participating country.

16

The evidence is to be given in accordance with the laws of that country.

17

Rules of court under section 49 must make provision for the use of interpreters.

SCHEDULE 3

Part 1 — Offences where order of disqualification for a minimum period unnecessary

1

• (1) Manslaughter or culpable homicide by the driver of a motor vehicle.

• (2) “Driver” has the same meaning as in the Road Traffic Act 1988.

2

An offence under section 89(1) of the Road Traffic Regulation Act 1984 (c. 27) ... (exceeding speed limit).

3

An offence under any of the following sections of the Road Traffic Act 1988 ...—

• (a) section 1 ... (causing death by dangerous driving),

• (aa) section 1A (causing serious injury by dangerous driving),

• (b) section 2 ... (dangerous driving),

• (ba) section 2B (causing death by careless, or inconsiderate, driving),

• (bb) section 2C (causing serious injury by careless, or inconsiderate, driving),

• (c) section 3 ... (careless, and inconsiderate, driving),

• (ca) section 3ZB (causing death by driving: unlicensed... or uninsured drivers),

• (cb) section 3ZC (causing death by driving: disqualified drivers),

• (cc) section 3ZD (causing serious injury by driving: disqualified drivers),

• (d) section 3A ... (causing death by careless driving when under influence of drink or drugs),

• (e) section 4 ... (driving, or being in charge, when under influence of drink or drugs),

• (f) section 5 ... (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),

• (fa) section 5A (driving, or being in charge, of a motor vehicle with concentration of specified controlled drug above specified limit),

• (g) section 6 ... (failing to provide a specimen of breath for a breath test),

• (h) section 7 ... (failing to provide specimen for analysis or laboratory test).

4

An offence under section 12 of the Road Traffic Act 1988 (motor racing and speed trials on public ways).

5

An offence under section 103(1)(b) of the Road Traffic Act 1988 ... (driving while disqualified).

6

An offence under section 170(4) of the Road Traffic Act 1988 ... (failing to stop after accident and give particulars or report of accident).

Part 2 — Offences where order of disqualification for minimum period necessary

7

An offence which—

• (a) is mentioned in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) ... , but

• (b) is not an offence mentioned in Part 1 of this Schedule.

SCHEDULE 4

1

The Terrorism Act 2000 (c. 11) is amended as follows.

2

In section 123 (orders and regulations), in subsection (2)(i), for “paragraph” there is substituted “ paragraphs 11A, 25A, 41A and ”.

3

In Part 1 of Schedule 4 (forfeiture orders: England and Wales), after paragraph 11 there is inserted—

(11A) (1) This paragraph has effect for the purposes of paragraphs 11B to 11G. (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 11D, 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 11B or 11D, 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. (11B) (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 6(2) to (4) applies to the certificate as it applies to the restraint order. (11C) (1) If a certificate is made under paragraph 11B, 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). (11D) (1) Paragraph 11E 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 (or, if appropriate, Welsh). 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 11E to 11G to an overseas freezing order include its accompanying certificate. (11E) (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. (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). (11F) 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. (11G) (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 7 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 5. (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 or any other person affected by it, if or to the extent that— (a) the court is of the opinion mentioned in paragraph 11E(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 England and Wales 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.

4

In paragraph 14 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 11D) ”.

5

In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 25 there is inserted—

(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)—