Crime (International Co-operation) Act 2003

28 Interpretation of Chapter 2 U.K.

(1) In this Chapter—

• “domestic freezing order” has the meaning given by section 10(2),

• [F1 “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]

• “notice” means a notice in writing,

• “overseas freezing order” has the meaning given by section 20,

• “premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60), Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (c. 29) or the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I.12)) (as the case may be),

• F2 F3 ...

(2) The following provisions have effect for the purposes of this Chapter.

(3) In relation to England and Wales and Northern Ireland, “items subject to legal privilege”, “excluded material” and “special procedure material” have the same meaning as in the Police and Criminal Evidence Act 1984 or (as the case may be) the Police and Criminal Evidence (Northern Ireland) Order 1989.

(4) In relation to Scotland, “items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002.

(5) A listed offence means—

(a) an offence described in F4 [F5 Schedule 1A (listed offences within section 28(5)(a))], or

(b) an offence prescribed or of a description prescribed by an order made by the Secretary of State.

(6) An order prescribing an offence or a description of offences under subsection (5)(b) may require, in the case of an overseas freezing order, 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.

(7) Specified information, in relation to a certificate required by section 11(4) or 20(5), means—

(a) any information F6 [F7 specified in Schedule 1B (certificate under section 11(4) or 20(5): specified information)], or

(b) any information prescribed by an order made by the Secretary of State.

(8) In relation to Scotland, references above in this section to the Secretary of State are to be read as references to the Scottish Ministers.

(9) The territorial authority—

(a) in relation to evidence in England and Wales or Northern Ireland, is the Secretary of State,

(b) in relation to evidence in Scotland, is the Lord Advocate.

Textual Amendments

F1 Words in s. 28(1) inserted (S.) (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, 3(a)(i)

F2 Words in s. 28(1) omitted (S.) (16.5.2022) by virtue of The Crime (International Co-operation) Act 2003 (Freezing Order) (EU Exit) (Scotland) Regulations 2022 (S.S.I. 2022/95), regs. 1, 3(a)(ii)

F3 Words in s. 28(1) omitted (E.W.N.I.) (1.10.2021) by virtue of 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)(a)

F4 Words in s. 28(5)(a) substituted (S.) (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, 3(b)

F5 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)

F6 Words in s. 28(7)(a) substituted (S.) (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, 3(c)

F7 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)

Commencement Information

I1 S. 28 in force at 26.4.2004 by S.I. 2004/786, art. 3