Crime (International Co-operation) Act 2003 (c. 32)

Part 1 U.K. Mutual assistance in criminal matters

Chapter 6 U.K. Supplementary

49 Rules of court U.K.

(1) Provision may be made by rules of court as to the practice and procedure to be followed in connection with proceedings under this Part.

(2) Rules of court made under this section by the High Court in Scotland are to be made by Act of Adjournal.

(3) The power to make rules of court under this section does not prejudice any existing power to make rules.

Commencement Information

I1 S. 49 in force at 26.3.2004 by S.I. 2004/786, art. 2

50 Subordinate legislation U.K.

(1) Any power to make an order conferred by this Part on the Secretary of State, the Treasury or the Scottish Ministers is exercisable by statutory instrument.

[F1 ( 1A) Any power to make an order conferred by this Part on the Department of Justice in Northern Ireland is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.]

(2) [F2 An order made under this Part by the Secretary of State, the Treasury, the Scottish Ministers or the Department of Justice ] may make different provision for different purposes.

(3) A statutory instrument (other than an instrument to which subsection (5) applies) containing an order made by the Secretary of State or the Treasury is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument (other than an instrument to which subsection (5) applies) containing an order made by the Scottish Ministers is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5) A statutory instrument containing an order under section 51(2)(b) F3 ... is not to be made unless—

(a) in the case of an order to be made by the Secretary of State, a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament,

(b) in the case of an order to be made by the Scottish Ministers, a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

[F4 (6) An order made by the Department of Justice is to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

Textual Amendments

F1 S. 50(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 76(3)(a) (with arts. 28-31)

F2 Words in s. 50(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 76(3)(b) (with arts. 28-31)

F3 Words in s. 50(5) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(12) (with reg. 98); 2020 c. 1, Sch. 5 para. 1(1)

F4 S. 50(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 76(3)(c) (with arts. 28-31)

Commencement Information

I2 S. 50 in force at 26.3.2004 by S.I. 2004/786, art. 2

51 General interpretation U.K.

(1) In this Part—

• “the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990 (c. 5),

• F5 ...

• “administrative proceedings” means proceedings outside the United Kingdom to which Article 3(1) of [F6 the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959] applies (proceedings brought by administrative authorities in respect of administrative offences where a decision in the proceedings may be the subject of an appeal before a court),

• “chief officer of police”—

  (a)

  in relation to any area in Scotland, means the chief constable [F7 of the Police Service of Scotland ],

  (b)

  in relation to any area in Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland,

• “clemency proceedings” means proceedings in a country outside the United Kingdom, not being proceedings before a court exercising criminal jurisdiction, for the removal or reduction of a penalty imposed on conviction of an offence,

• “country” includes territory,

• “court” includes a tribunal,

• “criminal proceedings” include criminal proceedings outside the United Kingdom in which a civil order may be made,

• “customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2),

• “evidence” includes information in any form and articles, and giving evidence includes answering a question or producing any information or article,

• F8 ...

• F9 ...

(2) A participating country, in relation to any provision of this Part, means—

F10 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any F11 ... country designated by an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers.

(3) In this Part, “process”, in relation to England and Wales and Northern Ireland, means any summons or order issued or made by a court and includes—

(a) any other document issued or made by a court for service on parties or witnesses,

(b) any document issued by a prosecuting authority outside the United Kingdom for the purposes of criminal proceedings.

(4) In this Part, “process”, in relation to service in Scotland, means a citation by a court or by a prosecuting authority, or an order made by a court, and includes any other document issued or made as mentioned in subsection (3)(a) or (b).

Textual Amendments

F5 Words in s. 51(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(a)(i) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in s. 51(1) substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 3 para. 7; S.I. 2020/1662, reg. 2(dd)

F7 Words in s. 51(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 42(3)

F8 Words in s. 51(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(a)(v) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in s. 51(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(a)(vi) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F10 S. 51(2)(a) and word omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(b)(i) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in s. 51(2)(b) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 87(13)(b)(ii) (with regs. 98, 98A) (as amended by S.I. 2020/1408, regs. 1, 22, 23); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 S. 51 in force at 26.3.2004 by S.I. 2004/786, art. 2