LegalizeThe Criminal Justice (International Co-operation) Act 1990 (Commencement No. 1) Order 1991
Made: 23rd April 1991
In exercise of the powers conferred on me by section 32(2) of theCriminal Justice (International Co-operation) Act 1990[^f00001], I hereby make the following Order:
1
- (1) This Order may be cited as the Criminal Justice (InternationalCo-operation) Act 1990 (Commencement No. 1) Order 1991.
- (2) In this Order“the 1990 Act” means the Criminal Justice (InternationalCo-operation) Act 1990.
2
Subject to article 3 below—
- (a) the provisions of the 1990 Act specified in Part I of the Scheduleto this Order shall come into force on 10th June 1991; and
- (b) the provisions of the 1990 Act specified in Part II thereof shallcome into force on 1st July 1991.
3
To the extent necessary for the purposes of making any Order inCouncil, order, rules or regulations under any of the followingprovisions thereof, the 1990 Act shall come into force forthwith—
| section 3(3) | designation of prosecuting authority for purposes of issuing letters of request |
|---|---|
| sections 7(7) and 8(5) | conferral of powers of search etc. by persons other than constables |
| section 9 | enforcement of overseas forfeiture orders |
| section 10 | rules of court for the purposes of Part I |
| section 12(5) | substances useful for manufacturing controlled drugs |
| section 13 | regulations about scheduled substances |
| section 28(2) | rules of court for the purposes of Part III |
| section 29(2) | prescribed sum for the purposes of seizure of cash under Part III |
| section 32(4) | extension of Act’s provisions to Channel Islands, Isle of Man or any colony |
| Schedule 2 | substances useful for manufacturing controlled drugs |
| paragraph 1(1)(c) of Schedule 3 | specification of enforcement officers in relation to offences on ships. |
SCHEDULE
PART I — PROVISIONS OF THE CRIMINAL JUSTICE(INTERNATIONAL CO-OPERATION) ACT 1990 COMING INTO FORCE ON 10th JUNE 1991
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Part I and Schedule 1 | Criminal proceedings and investigations |
| Section 30(1) | Expenses and receipts |
| Section 31, to the extent necessary to bring into force the provisions of Schedules 4 and 5 specified respectively in Appendices A and B hereto | Consequential and other amendments and repeals |
| So much of Schedule 4 as is specified in Appendix A hereto | Consequential and other amendments |
| So much of Schedule 5 as is specified in Appendix B hereto | Repeals |
| Section 32 | Short title, commencement and extent |
APPENDIX A — PROVISIONS OF SCHEDULE 4 COMING INTO FORCE ON 10th JUNE 1991
So much of Schedule 4 as amends the following enactments:
- The Magistrates' Courts Act 1980 (c. 43).
- The Criminal Justice Act 1988 (c. 33).
- The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
- The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I.17)).
APPENDIX B — REPEALS TAKING EFFECT ON 10th JUNE 1991
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 36 & 37 Vict. c.60 | The Extradition Act 1873 | Section 5. |
| 1975 c. 34 | The Evidence (Proceedings in Other Jurisdictions) Act 1975 | Section 5. |
| 1978 c. 26 | The Suppression of Terrorism Act 1978 | In section 1, subsection (3)(d) together with the word“and” immediately preceding it, in subsection (4) the words from“and that subsection (3)(d)(ii)” onwards and subsection (5)(b) together with the word“and” immediately preceding it. |
| 1988 c. 33 | The Criminal Justice Act 1988 | Section 29. |
PART II — PROVISIONS OF THE CRIMINAL JUSTICE (INTERNATIONALCO-OPERATION) ACT 1990 COMING INTO FORCE ON 1st JULY 1991
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Part II and Schedules 2 and 3 (so far as not already in force) | Substances useful for manufacture of controlled drugs, proceeds of crime and offences at sea |
| Section 31 (so far as not already in force) | Consequential and other amendments and repeals |
| Schedule 4 (so far as not already in force) | Consequential and other amendments |
| Schedule 5 (so far as not already in force) | Repeals |
Signed
Kenneth Baker — One of Her Majesty’s Principal Secretaries of State — 23rd April 1991
Explanatory note
(This note is not part of the Order)
This Order brings into force on 10th June 1991 Parts I and IV (savefor sections 30(2) and 31(2)) of the Criminal Justice (InternationalCo-operation) Act 1990, which provide for mutual legal assistancebetween countries in criminal matters. Part II of the Act comes intoforce on 1st July 1991 (offences and regulations concerning schedulessubstances, proceeds of crime and offences at sea) which in partimplements the United Nations Convention against Illicit Traffic inNarcotic Drugs and Psychotropic Substances which was signed in Vienna on20th December 1988. By virtue of article 3, the 1990 Act, to the extentnecessary for the making of any Order in Council, order, regulations orrules thereunder, comes into force forthwith.
Footnotes
[^f00001]: 1990 c. 5.
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