The Crime (International Co-operation) Act 2003 (Commencement No. 4) Order 2008

Made: 19th November 2008

The Secretary of State makes the following Order, in exercise of the powers conferred by section 94(1) and (4) of the Crime (International Co-operation) Act 2003¹.

Citation

1

• (1) This Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No 4) Order 2008.

• (2) In this Order—

• “the Act” means the Crime (International Co-operation) Act 2003.

Provisions coming into force once the convention on driving disqualifications applies between the United Kingdom and Ireland

2

• (1) Subject to paragraphs (3) and (4), the provisions of the Crime (International Co-operation) Act 2003 specified in paragraph (2) come into force on the day which is —

• (a) 90 days after the date on which the United Kingdom and Ireland make declarations under Article 15(4) of the convention on driving disqualifications, or

• (b) (if they are not made on the same date) 90 days after the later of the dates on which those declarations are made.

• (2) The provisions are—

• (a) in Part 3—

Chapter 1;

• (b) Schedule 3;

• (c) in Schedule 5—

paragraphs 5 and 6,

paragraph 18(b)², and

paragraph 27(a) in so far as not already in force³.

• (3) Sections 54 and 55 and Schedule 3 come into force only in relation to an offender who is normally resident in Ireland.

• (4) Sections 56 to 70 come into force only in relation to an offence of which an offender has been convicted in Ireland.

Provisions coming into force on 17th December 2008

3

The entries in Schedule 6 to the Act (repeals) relating to the Powers of Criminal Courts (Sentencing) Act 2000⁴ come into force on 17th December 2008.

Signed

Signed by authority of the Secretary of State for Transport

Jim Fitzpatrick — Parliamentary Under Secretary of State — Department for Transport — 19th November 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the provisions of the Crime (International Co-operation) Act 2003 (“the Act”) specified in articles 2 and 3, which relate to the mutual recognition of driving disqualifications as between the United Kingdom and Ireland. The Act gives effect to the Convention drawn up on the basis of Article K.3 of the Treaty of European Union on Driving Disqualifications signed on 17th June 1998 (EC 98/C 216/01) (“the convention on driving disqualifications”).

These provisions will come into force on the date on which the convention on driving disqualifications applies to both the United Kingdom and Ireland. This will be 90 days after the later of the notifications from these two Member States has been deposited with the Secretary General of the Council of the European Union, under Article 15(4) of the convention. This date will be notified in the London, Edinburgh and Belfast Gazettes. The date will also be notified on the Department for Transport website.

Article 3 commences the repeal of provisions in the Powers of Criminal Courts (Sentencing) Act 2000 by section 91(2) and Schedule 6 of the Act.

Footnotes