The Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022

Amendment of the Crime (International Co-operation) Act 2003

3.  In section 28 (interpretation of chapter 2)—

(a) in subsection (1)—

(i) after the definition of “domestic freezing order” insert—

““executing State” means the participating country or the part of the United Kingdom in which the property or evidence is located (as the case may be),

“freezing order” means—

(a)

a domestic freezing order, or

(b)

an overseas freezing order,

“issuing State” means in relation to—

(a)

a domestic freezing order, the part of the United Kingdom in which a judicial authority, as defined by the law of the part of the United Kingdom in question, has made that order,”, or

(b)

an overseas freezing order, the participating country in which a judicial authority, as defined by the law of that country has made, validated or in any way confirmed the order in the framework of criminal proceedings”,

(ii) omit the definition of “the relevant Framework Decision”,

(b) in subsection (5)(a), for “Article 3(2) of the relevant Framework Decision” substitute “schedule 1A”,

(c) in subsection (7)(a), for “required to be given by the form of certificate annexed to the relevant Framework Decision” substitute “specified in schedule 1B”.