SCHEDULES
SCHEDULE 1Proceedings of a nominated court under section 15
Securing attendance of witnesses
I95C11
The court has the like powers for securing the attendance of a witness as it has for the purposes of other proceedings before the court.
I42C12
In Scotland the court has power to issue a warrant to officers of law to cite witnesses, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to a witness so cited.
Power to administer oaths
I53C13
The court may take evidence on oath.
Proceedings
4I28
Rules of court under section 49 may, in particular, make provision in respect of the persons entitled to appear or take part in the proceedings and for excluding the public from the proceedings.
Privilege of witnesses
I114C55
1
A person cannot be compelled to give any evidence which he could not be compelled to give—
a
in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction, or
b
subject to sub-paragraph (2), in criminal proceedings in the country from which the request for the evidence has come.
2
Sub-paragraph (1)(b) does not apply unless the claim of the person questioned to be exempt from giving the evidence is conceded by the court or authority which made the request.
3
Where the person’s claim is not conceded, he may be required to give the evidence to which the claim relates (subject to the other provisions of this paragraph); but the evidence may not be forwarded to the court or authority which requested it if a court in the country in question, on the matter being referred to it, upholds the claim.
4
A person cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.
5
A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is conclusive evidence of that fact.
6
A person cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.
7
Sub-paragraphs (4) and (6) are without prejudice to the generality of sub-paragraph (1).
Forwarding evidence
I62C46
1
The evidence received by the court is to be given to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request.
2
So far as may be necessary in order to comply with the request—
a
where the evidence consists of a document, the original or a copy is to be provided,
b
where it consists of any other article, the article itself, or a description, photograph or other representation of it, is to be provided.
Supplementary
I87C27
The Bankers' Books Evidence Act 1879 (c. 11) applies to the proceedings as it applies to other proceedings before the court.
I33C38
No order for costs may be made.
F25SCHEDULE 1AListed offences within section 28(5)(a)
The following offences, as they are defined by the law of the issuing State, and if they are punishable in the issuing State by a custodial sentence of a maximum period of at least three years–
a
participation in a criminal organisation;
b
terrorism;
c
trafficking in human beings;
d
sexual exploitation of children and child pornography;
e
illicit trafficking in narcotic drugs and psychotropic substances;
f
illicit trafficking in weapons, munitions and explosives;
g
corruption;
h
fraud;
i
laundering of the proceeds of crime;
j
counterfeiting currency;
k
computer-related crime;
l
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;
m
facilitation of unauthorised entry and residence;
n
murder or grievous bodily injury;
o
illicit trade in human organs and tissue;
p
kidnapping, illegal restraint and hostage-taking;
q
racism and xenophobia;
r
organised or armed robbery;
s
illicit trafficking in cultural goods, including antiques and works of art;
t
swindling;
u
racketeering and extortion;
v
counterfeiting and piracy of products;
w
forgery of, or trafficking in, administrative documents;
x
forgery of means of payment;
y
illicit trafficking in hormonal substances and other growth promoters;
z
illicit trafficking in nuclear or radioactive materials;
za
trafficking in stolen vehicles;
zb
rape;
zc
arson;
zd
crimes within the jurisdiction of the International Criminal Court;
ze
unlawful seizure of aircraft or ships;
zf
sabotage.
F40SCHEDULE 1B Certificate under section 11(4) or 20(5): specified information
Sch. 1B inserted (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(3)
1
1
Details of either or both of the following, including name, contact details (address, e-mail address and telephone number) and any relevant reference number—
a
the judicial authority which issued the freezing order;
b
the authority competent for the enforcement of the freezing order in the issuing State.
2
In the case of any authority specified under sub-paragraph (1)—
a
languages in which it is possible to communicate with that authority;
b
contact details (including languages in which it is possible to communicate with the person) of the person to contact if additional information on the execution of the order is necessary or to make necessary practical arrangements for the transfer of evidence (if applicable).
3
If different authorities are specified under paragraphs (a) and (b) of sub-paragraph (1)—
a
that both of them must be contacted, or
b
(if that is not the case) which one must be contacted.
2
Where a central authority has been made responsible for the transmission and administrative reception of freezing orders, details of that authority, including name, contact details (address, e-mail address and telephone number) and any relevant reference number.
3
The date, purpose and reference number of the freezing order.
4
The formalities and procedures to be observed when executing a freezing order concerning evidence (if applicable).
5
The following information regarding the evidence in the executing State covered by the freezing order—
a
precise description of the evidence;
b
exact location of the evidence (or, if not known, the last known location);
c
party having custody of the evidence or known beneficial owner of the evidence, if different from the person suspected of the offence or convicted (if applicable under the national law of the issuing State).
6
The following information regarding the identity of the natural or legal person suspected of the offence or convicted (if applicable under the national law of the issuing State) and/or the person to whom the freezing order relates (if available)—
a
in the case of natural persons—
i
name;
ii
forename;
iii
other relevant name, if applicable;
iv
aliases, where applicable;
v
sex;
vi
nationality:
vii
date of birth;
viii
place of birth;
xi
residence and/or known address; if address not known, the last known address;
x
language which the person understands (if known);
b
in the case of legal persons—
i
name;
ii
form of legal person;
iii
registration number;
iv
registered seat.
7
1
A description of the relevant grounds for the freezing order and a summary of facts as known to the judicial authority issuing the freezing order and certificate.
2
Information as to the nature and legal classification of the offence and the applicable statutory provision or code on the basis of which the freezing order was made.
3
If the offence is a listed offence by virtue of section 28(5)(a) an indication as to which one or more of the following offences that offence relates to—
a
participation in a criminal organisation;
b
terrorism;
c
trafficking in human beings;
d
sexual exploitation of children and child pornography;
e
illicit trafficking in narcotic drugs and psychotropic substances;
f
illicit trafficking in weapons, munitions and explosives;
g
corruption;
h
fraud;
i
laundering of the proceeds of crime;
j
counterfeiting currency;
k
computer-related crime;
l
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;
m
facilitation of unauthorised entry and residence;
n
murder or grievous bodily injury;
o
illicit trade in human organs and tissue;
p
kidnapping, illegal restraint and hostage-taking;
q
racism and xenophobia;
r
organised or armed robbery;
s
illicit trafficking in cultural goods, including antiques and works of art;
t
swindling;
u
racketeering and extortion;
v
counterfeiting and piracy of products;
w
forgery of, or trafficking in, administrative documents;
x
forgery of means of payment;
y
illicit trafficking in hormonal substances and other growth promoters;
z
illicit trafficking in nuclear or radioactive materials;
za
trafficking in stolen vehicles;
zb
rape;
zc
arson;
zd
crimes within the jurisdiction of the International Criminal Court;
ze
unlawful seizure of aircraft or ships;
zf
sabotage.
4
A full description of any offence (not covered by sub-paragraph (3)) that is a listed offence by virtue of section 28(5)(b).
8
Details of legal remedies against the freezing order for interested parties, including bona fide third parties, available in the issuing State, including—
a
description of the legal remedies available including necessary steps to take;
b
court before which the action may be taken;
c
information as to those for whom the action is available;
d
time limit for submission of the action;
e
details of authority in the issuing State who can supply further information on procedures for submitting appeals in the issuing State and on whether the legal assistance and translation is available, including name, address, e-mail address and telephone number.
SCHEDULE 2Evidence given by television link or telephone
Part 1Evidence given by television link
Securing attendance of witnesses
1I35
The nominated court has the like powers for securing the attendance of the witness to give evidence through the link as it has for the purpose of proceedings before the court.
2I83
In Scotland the nominated court has power to issue a warrant to officers of law to cite the witness for the purpose of securing his attendance to give evidence through the link, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to the witness if so cited.
Conduct of hearing
3I69
The witness is to give evidence in the presence of the nominated court.
4I31
The nominated court is to establish the identity of the witness.
5I1
The nominated court is to intervene where it considers it necessary to do so to safeguard the rights of the witness.
6I76
The evidence is to be given under the supervision of the court of the country concerned.
7I102
The evidence is to be given in accordance with the laws of that country and with any measures for the protection of the witness agreed between the Secretary of State and the authority in that country which appears to him to have the function of entering into agreements of that kind.
8I32
Rules of court under section 49 must make provision for the use of interpreters.
Privilege of witness
9I51
1
The witness cannot be compelled to give any evidence which he could not be compelled to give in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction.
2
The witness cannot be compelled to give any evidence if his doing so would be prejudicial to the security of the United Kingdom.
3
A certificate signed by or on behalf of the Secretary of State or, where the court is in Scotland, the Lord Advocate to the effect that it would be so prejudicial for that person to do so is to be conclusive evidence of that fact.
4
The witness cannot be compelled to give any evidence in his capacity as an officer or servant of the Crown.
5
Sub-paragraphs (2) and (4) are without prejudice to the generality of sub-paragraph (1).
Record of hearing
10I97
Rules of court under section 49 must make provision—
a
for the drawing up of a record of the hearing,
b
for sending the record to the external authority.
Part 2Evidence given by telephone
Notification of witness
11I60
The nominated court must notify the witness of the time when and the place at which he is to give evidence by telephone.
Conduct of hearing
12I86
The nominated court must be satisfied that the witness is willingly giving evidence by telephone.
13I45
The witness is to give evidence in the presence of the nominated court.
14I82
The nominated court is to establish the identity of the witness.
15I8
The evidence is to be given under the supervision of the court of the participating country.
16I34
The evidence is to be given in accordance with the laws of that country.
17I100
Rules of court under section 49 must make provision for the use of interpreters.
SCHEDULE 3Offences for the purposes of section 54F8: Great Britain
Words in Sch. 3 heading inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 19(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Part 1Offences where order of disqualification for a minimum period unnecessary
I521
1
Manslaughter or culpable homicide by the driver of a motor vehicle.
F352
“Driver” has the same meaning as in the Road Traffic Act 1988.
I1122
An offence under section 89(1) of the Road Traffic Regulation Act 1984 (c. 27) F27... (exceeding speed limit).
I1203
F15An offence under any of the following sections of the Road Traffic Act 1988 ...—
a
section 1 F17... (causing death by dangerous driving),
F19aa
section 1A (causing serious injury by dangerous driving),
b
section 2 F39... (dangerous driving),
F10ba
section 2B (causing death by careless, or inconsiderate, driving),
c
section 3 F23... (careless, and inconsiderate, driving),
F12cb
section 3ZC (causing death by driving: disqualified drivers),
cc
section 3ZD (causing serious injury by driving: disqualified drivers),
d
section 3A F34... (causing death by careless driving when under influence of drink or drugs),
e
section 4 F4... (driving, or being in charge, when under influence of drink or drugs),
f
section 5 F7... (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),
F29fa
section 5A (driving, or being in charge, of a motor vehicle with concentration of specified controlled drug above specified limit),
g
section 6 F20... (failing to provide a specimen of breath for a breath test),
h
section 7 F18... (failing to provide specimen for analysis or laboratory test).
I1054
An offence under section 12 of the Road Traffic Act 1988 (motor racing and speed trials on public ways).
I725
An offence under section 103(1)(b) of the Road Traffic Act 1988 F38... (driving while disqualified).
I1016
An offence under section 170(4) of the Road Traffic Act 1988 F22... (failing to stop after accident and give particulars or report of accident).
Part 2Offences where order of disqualification for minimum period necessary
I377
An offence which—
a
is mentioned in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) F21... , but
b
is not an offence mentioned in Part 1 of this Schedule.
F26SCHEDULE 3AOffences for the purposes of section 54: Northern Ireland
Sch. 3A inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 20 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
PART 1Offences where order of disqualification for a minimum period unnecessary
1
1
Manslaughter by the driver of a motor vehicle.
2
“Driver” has the same meaning as in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)).
2
An offence under Article 168A(1)(c) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving while disqualified).
3
An offence under Article 175(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after accident and give particulars or report of accident).
4
An offence under any of the following Articles of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))—
a
Article 9 (causing death or grievous bodily injury by dangerous driving),
b
Article 10 (dangerous driving),
c
Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving),
d
Article 12 (careless, and inconsiderate, driving),
e
Article 12B (causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers),
f
Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs),
g
Article 15 (driving, or being in charge, when under the influence of drink or drugs),
h
Article 16 (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),
i
Article 17 (failing to provide a specimen of breath for a breath test), or
j
Article 18 (failing to provide a specimen for analysis or laboratory test).
5
An offence under Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)) (exceeding speed limit).
PART 2Offences where order of disqualification for a minimum period necessary
6
An offence which—
a
is mentioned in Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)), but
b
is not an offence mentioned in Part 1 of this Schedule.
F24SCHEDULE 3BOffences for the purposes of section 56: Republic of Ireland
Sch. 3B inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 21 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
PART 1Offences where order of disqualification for a minimum period unnecessary
1
An offence arising from—
a
reckless or dangerous driving, whether or not resulting in death, injury or serious risk,
b
wilful failure to carry out the obligations placed on drivers after being involved in road accidents,
c
driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver,
d
refusal to submit to alcohol and drug tests,
e
driving a vehicle faster than the permitted speed, or
f
driving a vehicle while disqualified.
PART 2Offences where order of disqualification for a minimum period necessary
2
An offence arising from conduct which is a road traffic offence that is not mentioned in Part 1 of this Schedule.
SCHEDULE 4Terrorist property: freezing orders
I181
The Terrorism Act 2000 (c. 11) is amended as follows.
I1062
In section 123 (orders and regulations), in subsection (2)(i), for “paragraph” there is substituted “
paragraphs 11A, 25A, 41A and
”
.
I243
In Part 1 of Schedule 4 (forfeiture orders: England and Wales), after paragraph 11 there is inserted—
Domestic and overseas freezing orders
11A
1
This paragraph has effect for the purposes of paragraphs 11B to 11G.
2
The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003.
3
A listed offence means—
a
an offence described in Article 3(2) of the relevant Framework Decision, or
b
a prescribed offence or an offence of a prescribed description.
4
An order under sub-paragraph (3)(b) which, for the purposes of paragraph 11D, prescribes an offence or a description of offences may require 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.
5
Specified information, in relation to a certificate under paragraph 11B or 11D, means—
a
any information required to be given by the form of certificate annexed to the relevant Framework Decision, or
b
any prescribed information.
6
In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State.
7
A participating country means—
a
a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and
b
any other member State designated by an order made by the Secretary of State.
8
“Country” includes territory.
9
Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.
Domestic freezing orders: certification
11B
1
If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the High Court to make a certificate under this paragraph.
2
The High Court may make a certificate under this paragraph if—
a
it makes a restraint order in relation to property in the participating country, and
b
it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.
3
A certificate under this paragraph is a certificate which—
a
is made for the purposes of the relevant Framework Decision, and
b
gives the specified information.
4
If the High Court makes a certificate under this paragraph—
a
the restraint order must provide for notice of the certificate to be given to the person affected by it, and
b
paragraph 6(2) to (4) applies to the certificate as it applies to the restraint order.
Sending domestic freezing orders
11C
1
If a certificate is made under paragraph 11B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to—
a
a court exercising jurisdiction in the place where the property is situated, or
b
any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.
2
The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.
3
The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).
4
The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.
The signature may be an electronic signature.
5
If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1).
Overseas freezing orders
11D
1
Paragraph 11E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.
2
An overseas freezing order is an order prohibiting dealing with property—
a
which is in the United Kingdom,
b
which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and
c
in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,
and in respect of which the following requirements of this paragraph are met.
3
The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.
4
The order must relate to—
a
criminal proceedings instituted in the participating country, or
b
a criminal investigation being carried on there.
5
The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.
6
The certificate must—
a
be signed by or on behalf of the court or authority which made or confirmed the order,
b
include a statement as to the accuracy of the information given in it,
c
if it is not in English, include a translation of it into English (or, if appropriate, Welsh).
The signature may be an electronic signature.
7
The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.
8
An appropriate court or authority in a participating country in relation to an overseas freezing order is—
a
a court exercising criminal jurisdiction in the country,
b
a prosecuting authority in the country,
c
any other authority in the country which appears to the Secretary of State to have the function of making such orders.
9
References in paragraphs 11E to 11G to an overseas freezing order include its accompanying certificate.
Enforcement of overseas freezing orders
11E
1
Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions.
2
The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
3
Before giving effect to the overseas freezing order, the court must give the Director an opportunity to be heard.
4
The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).
11F
The High Court may postpone giving effect to an overseas freezing order in respect of any property—
a
in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
b
if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.
11G
1
Where the High Court decides to give effect to an overseas freezing order, it must—
a
register the order in that court,
b
provide for notice of the registration to be given to any person affected by it.
2
For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.
3
Paragraph 7 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 5.
4
The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions or any other person affected by it, if or to the extent that—
a
the court is of the opinion mentioned in paragraph 11E(4), or
b
the court is of the opinion that the order has ceased to have effect in the participating country.
5
Her Majesty may by Order in Council make further provision for the enforcement in England and Wales of registered overseas freezing orders.
6
An Order in Council under this paragraph—
a
may make different provision for different cases,
b
is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
I1164
In paragraph 14 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “
(other than an overseas freezing order within the meaning of paragraph 11D)
”
.
I1045
In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 25 there is inserted—
Domestic and overseas freezing orders
25A
1
This paragraph has effect for the purposes of paragraphs 25B to 25G.
2
The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003.
3
A listed offence means—
a
an offence described in Article 3(2) of the relevant Framework Decision, or
b
a prescribed offence or an offence of a prescribed description.
4
An order under sub-paragraph (3)(b) which, for the purposes of paragraph 25D, prescribes an offence or a description of offences may require 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.
5
Specified information, in relation to a certificate under paragraph 25B or 25D, means—
a
any information required to be given by the form of certificate annexed to the relevant Framework Decision, or
b
any prescribed information.
6
In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State.
7
A participating country means—
a
a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and
b
any other member State designated by an order made by the Secretary of State.
8
“Country” includes territory.
9
Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.
Domestic freezing orders: certification
25B
1
If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the Court of Session to make a certificate under this paragraph.
2
The Court of Session may make a certificate under this paragraph if—
a
it makes a restraint order in relation to property in the participating country, and
b
it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.
3
A certificate under this paragraph is a certificate which—
a
is made for the purposes of the relevant Framework Decision, and
b
gives the specified information.
4
If the Court of Session makes a certificate under this paragraph—
a
the restraint order must provide for notice of the certificate to be given to the person affected by it, and
b
paragraph 19(2) to (4) applies to the certificate as it applies to the restraint order.
Sending domestic freezing orders
25C
1
If a certificate is made under paragraph 25B, the restraint order and the certificate are to be sent to the Lord Advocate for forwarding to—
a
a court exercising jurisdiction in the place where the property is situated, or
b
any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.
2
The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.
3
The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).
4
The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.
The signature may be an electronic signature.
5
If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Lord Advocate for forwarding as mentioned in sub-paragraph (1).
Overseas freezing orders
25D
1
Paragraph 25E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.
2
An overseas freezing order is an order prohibiting dealing with property—
a
which is in the United Kingdom,
b
which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and
c
in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,
and in respect of which the following requirements of this paragraph are met.
3
The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.
4
The order must relate to—
a
criminal proceedings instituted in the participating country, or
b
a criminal investigation being carried on there.
5
The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.
6
The certificate must—
a
be signed by or on behalf of the court or authority which made or confirmed the order,
b
include a statement as to the accuracy of the information given in it,
c
if it is not in English, include a translation of it into English.
The signature may be an electronic signature.
7
The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.
8
An appropriate court or authority in a participating country in relation to an overseas freezing order is—
a
a court exercising criminal jurisdiction in the country,
b
a prosecuting authority in the country,
c
any other authority in the country which appears to the Secretary of State to have the function of making such orders.
9
References in paragraphs 25E to 25G to an overseas freezing order include its accompanying certificate.
Enforcement of overseas freezing orders
25E
1
Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the Court of Session and to the Lord Advocate.
2
The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
3
Before giving effect to the overseas freezing order, the court must give the Lord Advocate an opportunity to be heard.
4
The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).
25F
The Court of Session may postpone giving effect to an overseas freezing order in respect of any property—
a
in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
b
if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.
25G
1
Where the Court of Session decides to give effect to an overseas freezing order, the Deputy Principal Clerk of Session must—
a
register the order in the Books of Council and Session,
b
provide for notice of the registration to be given to any person affected by it.
2
For the purpose of enforcing an overseas freezing order registered in the Books of Council and Session, the order is to have effect as if it were an order made by the Court of Session.
3
Paragraphs 20 and 21 apply to an overseas freezing order registered in the Books of Council and Session as they apply to a restraint order under paragraph 18.
4
The Court of Session may cancel the registration of the order, or vary the property to which the order applies, on an application by the Lord Advocate or any other person affected by it, if or to the extent that—
a
the court is of the opinion mentioned in paragraph 25E(4), or
b
the court is of the opinion that the order has ceased to have effect in the participating country.
5
Her Majesty may by Order in Council make further provision for the enforcement in Scotland of registered overseas freezing orders.
6
An Order in Council under this paragraph—
a
may make different provision for different cases,
b
is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
I1156
In paragraph 28 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “
(other than an overseas freezing order within the meaning of paragraph 25D)
”
.
I47
In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph 41 there is inserted—
Domestic and overseas freezing orders
41A
1
This paragraph has effect for the purposes of paragraphs 41B to 41G.
2
The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003.
3
A listed offence means—
a
an offence described in Article 3(2) of the relevant Framework Decision, or
b
a prescribed offence or an offence of a prescribed description.
4
An order under sub-paragraph (3)(b) which, for the purposes of paragraph 41D, prescribes an offence or a description of offences may require 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.
5
Specified information, in relation to a certificate under paragraph 41B or 41D, means—
a
any information required to be given by the form of certificate annexed to the relevant Framework Decision, or
b
any prescribed information.
6
In this paragraph, “prescribed” means prescribed by an order made by the Secretary of State.
7
A participating country means—
a
a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and
b
any other member State designated by an order made by the Secretary of State.
8
“Country” includes territory.
9
Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.
Domestic freezing orders: certification
41B
1
If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the High Court to make a certificate under this paragraph.
2
The High Court may make a certificate under this paragraph if—
a
it makes a restraint order in relation to property in the participating country, and
b
it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.
3
A certificate under this paragraph is a certificate which—
a
is made for the purposes of the relevant Framework Decision, and
b
gives the specified information.
4
If the High Court makes a certificate under this paragraph—
a
the restraint order must provide for notice of the certificate to be given to the person affected by it, and
b
paragraph 34(2) to (4) applies to the certificate as it applies to the restraint order.
Sending domestic freezing orders
41C
1
If a certificate is made under paragraph 41B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to—
a
a court exercising jurisdiction in the place where the property is situated, or
b
any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.
2
The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.
3
The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).
4
The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.
The signature may be an electronic signature.
5
If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1).
Overseas freezing orders
41D
1
Paragraph 41E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.
2
An overseas freezing order is an order prohibiting dealing with property—
a
which is in the United Kingdom,
b
which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and
c
in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,
and in respect of which the following requirements of this paragraph are met.
3
The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.
4
The order must relate to—
a
criminal proceedings instituted in the participating country, or
b
a criminal investigation being carried on there.
5
The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.
6
The certificate must—
a
be signed by or on behalf of the court or authority which made or confirmed the order,
b
include a statement as to the accuracy of the information given in it,
c
if it is not in English, include a translation of it into English.
The signature may be an electronic signature.
7
The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.
8
An appropriate court or authority in a participating country in relation to an overseas freezing order is—
a
a court exercising criminal jurisdiction in the country,
b
a prosecuting authority in the country,
c
any other authority in the country which appears to the Secretary of State to have the function of making such orders.
9
References in paragraphs 41E to 41G to an overseas freezing order include its accompanying certificate.
Enforcement of overseas freezing orders
41E
1
Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions for Northern Ireland.
2
The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
3
Before giving effect to the overseas freezing order, the court must give the Director an opportunity to be heard.
4
The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).
41F
The High Court may postpone giving effect to an overseas freezing order in respect of any property—
a
in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
b
if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.
41G
1
Where the High Court decides to give effect to an overseas freezing order, it must—
a
register the order in that court,
b
provide for notice of the registration to be given to any person affected by it.
2
For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.
3
Paragraph 35 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 33.
4
The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions for Northern Ireland or any other person affected by it, if or to the extent that—
a
the court is of the opinion mentioned in paragraph 41E(4), or
b
the court is of the opinion that the order has ceased to have effect in the participating country.
5
Her Majesty may by Order in Council make further provision for the enforcement in Northern Ireland of registered overseas freezing orders.
6
An Order in Council under this paragraph—
a
may make different provision for different cases,
b
is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
I1198
In paragraph 44 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “
(other than an overseas freezing order within the meaning of paragraph 41D)
”
.
I29
In Part 4 of that Schedule (insolvency), in paragraph 45, at the end of paragraph (c) of the definition of “restraint order” there is inserted “
or an order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G
”
.
SCHEDULE 5Minor and consequential amendments
The Internationally Protected Persons Act 1978 (c. 17)
1I56
The Internationally Protected Persons Act 1978 is amended as follows.
2I92
In section 2 (supplementary provisions), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “
, the United Nations Personnel Act 1997 and the Terrorism Act 2000
”
.
The Suppression of Terrorism Act 1978 (c. 26)
3I7
The Suppression of Terrorism Act 1978 is amended as follows.
4I80
In section 4 (jurisdiction in respect of offences committed outside United Kingdom), in subsections (4) and (5), for “and the United Nations Personnel Act 1997” there is substituted “
, the United Nations Personnel Act 1997 and the Terrorism Act 2000
”
.
The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))
I675
The Road Traffic (Northern Ireland) Order 1981 is amended as follows.
I306
In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after “Road Traffic Orders” there is inserted “
or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003
”
.
The Nuclear Material (Offences) Act 1983 (c. 18)
7I107
The Nuclear Material (Offences) Act 1983 is amended as follows.
8I39
In section 3 (supplemental), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “
, the United Nations Personnel Act 1997 and the Terrorism Act 2000
”
.
The Child Abduction Act 1984 (c. 37)
9I61
The Child Abduction Act 1984 is amended as follows.
10I21
In section 11 (consequential amendments and repeals), in subsection (3), after “the Internationally Protected Persons Act 1978” there is inserted “
and sections 63B(2) and 63C(2) of the Terrorism Act 2000
”
.
The Criminal Justice Act 1987 (c. 38)
11I40
The Criminal Justice Act 1987 is amended as follows.
12I77
In section 2 (investigation powers of Director of Serious Fraud Office)—
a
in subsection (1A), for paragraph (b) there is substituted—
b
the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received by him from a person mentioned in section 13(2) of that Act (an “overseas authority”).
b
in subsection (8A), for the words from “furnished” to the end there is substituted “
given to the overseas authority which requested it or given to the Secretary of State for forwarding to that overseas authority)
”
,
c
subsection (8B) is omitted,
d
in subsection (8C), for “transmitted”
(in both places) there is substituted “
forwarded
”
,
e
in subsection (18), “(8B)” is omitted.
The Criminal Justice Act 1988 (c. 33)
13I122
The Criminal Justice Act 1988 is amended as follows.
14I10
In section 24 (business etc. documents), in subsection (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “
section 7 of the Crime (International Co-operation) Act 2003
”
.
15I36
In section 26 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “
section 7 of the Crime (International Co-operation) Act 2003
”
.
16I71
In paragraph 6 of Schedule 13 (evidence before courts-martial etc.)—
a
in sub-paragraph (1)—
i
for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “
section 7 of the Crime (International Co-operation) Act 2003
”
, and
ii
for “letters of request or corresponding documents” there is substituted “
requests for assistance in obtaining outside the United Kingdom evidence
”
, and
b
in sub-paragraph (4), for “letters of request or corresponding documents” there is substituted “
requests for assistance in obtaining evidence
”
.
The Road Traffic Act 1988 (c. 52)
I12117
The Road Traffic Act 1988 is amended as follows.
18
In section 88 (exceptions to offence under section 87)—
I3a
in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “
section 4 of or paragraph 6 or 9
”
,
I63b
in subsection (1B)(a), after “Road Traffic Acts” there is inserted “
or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003
”
.
I8919
In section 92 (requirements as to physical fitness of drivers), in subsection (7D), after “99D” there is inserted “
or 109C
”
.
I9120
In section 94A (driving after refusal or revocation of licence), in subsection (1)—
a
in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted “
section 93
”
,
b
in paragraph (a)(iii)—
i
after “section 99C(1) or (2)” there is inserted “
or 109B
”
,
ii
after “Community licence” there is inserted “
or Northern Ireland licence
”
,
c
in paragraph (b)(ii), at the end there is inserted “
or Northern Ireland licence
”
.
I9321
In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “
section 4 of or paragraph 6 or 9
”
.
I2322
In section 100 (appeals relating to licences), in subsection (1)—
a
in paragraph (c), after “99(3)” there is inserted “
or (3A)
”
,
b
for “or 99C” there is substituted “
, 99C or 109B
”
.
I1423
In section 105 (regulations)—
a
in subsection (2)—
i
in paragraph (a), after “this Act,” there is inserted “
Northern Ireland licences,
”
,
F5ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv
in paragraph (f), before “Community licences” there is inserted “
Northern Ireland licences or
”
,
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4724
In section 107 (service of notices), for “99B or 99E” there is substituted “
99B, 99E or 109A
”
.
I12425
In section 108 (interpretation), in subsection (1)—
F33a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in the definition of “Northern Ireland driving licence” and “Northern Ireland licence”, at the end there is inserted “
and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland
”
.
I11826
In section 109 (provisions as to Northern Ireland drivers' licences)—
a
in subsection (1), after “Great Britain,” there is inserted “
in accordance with that licence,
”
,
F36b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
subsections (3) to (5) are omitted.
27
In section 164 (power of constables to require production of driving licence etc.)—
a
in subsection (3)—
I66i
in paragraph (a), before “the Secretary of State” there is inserted “
a person is required to deliver his licence and its counterpart to the Secretary of State under section 63 of the Crime (International Co-operation) Act 2003 or
”
,
I70ii
in paragraph (a)(iii), after “99C” there is inserted “
, 109B
”
,
I108I19iii
in paragraph (b), after “99C” there is inserted “
, 109B
”
and after “or 118” there is inserted “
or section 63 of the Crime (International Co-operation) Act 2003
”
,
I111b
in subsection (11)—
i
in the definition of “licence”, after “this Act” there is inserted “
, a Northern Ireland licence
”
,
ii
after “ “counterpart”,” there is inserted “
“Northern Ireland licence”,
”
.
F328
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3230
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2531
In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for “91A,” there is substituted “
91ZA to
”
.
The Road Traffic Offenders Act 1988 (c. 53)
I10932
The Road Traffic Offenders Act 1988 is amended as follows.
I2933
In section 3 (restriction on institution of proceedings for certain offences), in subsection (2A), after “99D” there is inserted “
or 109C
”
.
I634
In section 26 (interim disqualification), in subsection (10), for the words from “and 91A(5)” to “licences)” there is substituted “
, 91ZA(7) and 91A(5) of this Act
”
.
I2035
In section 98 (general interpretation), in subsection (1)—
F14a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
for “and “EEA State”” there is substituted “
, “EEA State” and “Northern Ireland licence”
”
.
I6536
In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act apply)—
a
in the entry for section 94(3) of the Road Traffic Act 1988, in column 1, at the end there is inserted “
or 109C
”
,
b
in the entry for section 94(3A) of that Act, in column 1, at the end there is inserted “
or 109C(c)
”
,
c
in the entry for section 94A of that Act, in column 2, at the end there is inserted “
or 109B
”
,
F28d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4937
In Schedule 2 (prosecution and punishment of offences)—
a
in the entry for section 94(3) of the Road Traffic Act 1988, in column 2, at the end there is inserted “
or 109C
”
,
b
in the entry for section 94(3A) of that Act, in column 2, at the end there is inserted “
or 109C(c)
”
,
c
in the entry for section 94A of that Act, in column 2, at the end there is inserted “
or 109B
”
,
F11d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
the entry for section 109 of that Act is omitted,
f
before the entry for section 114 of that Act there is inserted—
RTA section 109B(4)
Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B.
Summarily.
Level 3 on the standard scale.
The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))
38I9
The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is amended as follows.
39I123
In Article 4 (business etc. documents), in paragraph (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “
section 7 of the Crime (International Co-operation) Act 2003
”
.
40I50
In Article 6 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “
section 7 of the Crime (International Co-operation) Act 2003
”
.
The Criminal Justice (International Co-operation) Act 1990 (c. 5)
41I110
The Criminal Justice (International Co-operation) Act 1990 is amended as follows.
42I44
Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of evidence) are omitted.
43I5
In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—
3A
A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences).
44I17
Schedule 1 (proceedings of nominated court) is omitted.
The Road Traffic (New Drivers) Act 1995 (c. 13)
I5545
The Road Traffic (New Drivers) Act 1995 is amended as follows.
I3846
In section 2 (surrender of licences), at the end there is inserted—
6
In this section and section 3 “licence” includes a Northern Ireland licence.
I4647
In section 3 (revocation of licences)—
a
after subsection (1) there is inserted—
1A
Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1), the Secretary of State must send to the licensing authority in Northern Ireland—
a
particulars of the notice; and
b
the Northern Ireland licence.
1B
Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to subsection (1), he must by notice served on the holder revoke the licence.
F2b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
at the end, there is inserted—
3
In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.
I9848
In section 4 (re-testing)—
a
in subsection (1)—
i
for “section 3(1)” there is substituted “
section 3
”
,
ii
after “full licence”
(in the second place it occurs) there is inserted “
or (as the case may be) full Northern Ireland licence
”
,
b
after subsection (1) there is inserted—
1A
Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).
c
in subsections (2) and (3), at the end there is inserted “
or (as the case may be) full Northern Ireland licence
”
,
d
in subsection (5)—
i
for “Subsection (1) does” there is substituted “
Subsections (1) and (1A) do
”
, and
ii
for “section 3(1)” there is substituted “
section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1)
”
.
I8149
In section 5 (restoration of licence without re-testing in certain cases)—
a
in subsections (1), (4) and (6), for “section 3(1)” there is substituted “
section 3
”
,
b
in subsections (3)(a) and (4)(c), after “section 2” there is inserted “
or (as the case may be) the provision of Northern Ireland law corresponding to that section
”
,
c
at the end there is inserted—
11
Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).
I11350
In section 7 (early termination of probationary period)—
a
in paragraph (b), for “section 3(1)” there is substituted “
section 3
”
,
b
in paragraph (c)—
i
for “paragraph 5(1)” there is substituted “
paragraph 5
”
,
ii
for “paragraph 8(1)” there is substituted “
paragraph 8
”
.
I7451
In section 9 (interpretation), after subsection (2) there is inserted—
2A
In this Act—
“full Northern Ireland licence” means a Northern Ireland licence other than a Northern Ireland provisional licence,
“Northern Ireland provisional licence” means a Northern Ireland licence which corresponds to a provisional licence.
I9652
Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.
I7553
In paragraph 1, at the end there is inserted—
3
In this Schedule “licence” includes a Northern Ireland licence, “full licence” includes a full Northern Ireland licence and “provisional licence” includes a Northern Ireland provisional licence.
4
In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule.
5
References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Northern Ireland test certificate”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1).
6
References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.
I4354
In paragraph 2, after sub-paragraph (4) there is inserted—
4A
In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.
I2655
In paragraph 5—
a
after sub-paragraph (1) there is inserted—
1A
Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate.
1B
Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his test certificate.
F30b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
at the end there is inserted—
4
In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.
5
The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.
I5956
In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is substituted “
paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1),
”
.
I5457
In paragraph 8—
a
after sub-paragraph (1) there is inserted—
1A
Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland licence and the Northern Ireland test certificate.
1B
Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his licence and test certificate.
F13b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
at the end there is inserted—
3
In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.
I1158
In paragraph 9—
a
in sub-paragraph (1), for “paragraph 8(1)” there is substituted “
paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1),
”
,
b
in sub-paragraph (4)(b)(i), after “1988” there is inserted “
, or under a provision of Northern Ireland law corresponding to that section,
”
.
I7959
In paragraph 10(a)—
a
for “paragraph 5(1)” there is substituted “
paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1))
”
,
b
for “paragraph 8(1)” there is substituted “
paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1))
”
.
I7860
In paragraph 11—
a
in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and “paragraph 8(1)” there is substituted “
paragraph 5
”
and “
paragraph 8
”
respectively,
b
in sub-paragraph (1)(d), after “section 2” there is inserted “
or (as the case may be) the provision of Northern Ireland law corresponding to that section
”
.
The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
61I22
The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.
62I85
In section 27 (Lord Advocate’s direction), in subsection (2), for “section 4(2B) of the Criminal Justice (International Co-operation) Act 1990” there is substituted “
section 15(4) of the Crime (International Co-operation) Act 2003
”
.
63I73
In section 28 (powers of investigation)—
a
in subsection (8), for the words from “by the” to the end there is substituted “
by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority
”
,
b
subsection (9) is omitted,
c
in subsection (10), for “transmitted”
(in both places) there is substituted “
forwarded
”
.
The Criminal Procedure (Scotland) Act 1995 (c. 46)
64I12
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
65I99
In section 210(1)(c)
(consideration, in passing sentence of imprisonment or detention, of time spent in custody), at the end there is inserted “
so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003, abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above
”
.
The United Nations Personnel Act 1997 (c. 13)
66I117
The United Nations Personnel Act 1997 is amended as follows.
67I84
In section 5 (supplementary provisions), in subsections (1) and (2), for “and the Nuclear Material (Offences) Act 1983” there is substituted “
, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000
”
.
The Data Protection Act 1998 (c. 29)
68I64
The Data Protection Act 1998 is amended as follows.
69I94
In section 28(1)
(national security), for “section” there is substituted “sections 54A and”
.
70I48
In section 60(2) and (3)
(prosecutions and penalties), before “paragraph 12” there is inserted “section 54A and”
.
71I16
In section 63(5)
(application to the Crown), for “section” there is substituted “
sections 54A and
”
.
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
F3772
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3774
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Terrorism Act 2000 (c. 11)
75I57
The Terrorism Act 2000 is amended as follows.
76I68
In section 121 (interpretation), in the definition of “premises”, before “includes”
(in the first place) there is inserted “
, except in section 63D,
”
.
77I15
In section 123 (orders and regulations), in subsection (2), after paragraph (b) there is inserted—
ba
section 63C(3)(d);
The Regulation of Investigatory Powers Act 2000 (c. 23)
78I27
The Regulation of Investigatory Powers Act 2000 is amended as follows.
79I41
In section 65 (investigatory powers tribunal)—
a
in subsection (5)—
i
after paragraph (c) there is inserted—
ca
the carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);
ii
in paragraph (d), at the beginning there is inserted “
other
”
,
b
after subsection (7), there is inserted—
7A
For the purposes of this section conduct also takes place in challengeable circumstances if it takes place, or purports to take place, under section 76A.
80I88
In section 78 (orders, regulations and rules), in subsection (3)(a), for “or 71(9)” there is substituted “
, 71(9) or 76A(9)
”
.
The Armed Forces Act 2001 (c. 19)
81I90
In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—
a
after “section” there is inserted “
section 5 of the Criminal Justice (International Co-operation) Act 1990 and
”
,
b
for “is” there is substituted “
are
”
.
The Proceeds of Crime Act 2002 (c. 29)
F3182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I103I13I58SCHEDULE 6Repeals
Sch. 6 in force at 26.4.2004 for specified purposes by S.I. 2004/786, art. 3
Sch. 6 in force at 11.10.2004 for specified purposes by S.I. 2004/2624, art. 2(1)(2)(c)
Sch. 6 in force at 17.12.2008 for specified purposes by S.I. 2008/3009, art. 3
Short title and chapter | Extent of repeal |
|---|---|
Criminal Justice Act 1987 (c. 38) | In section 2—
In section 3(6), the “and” preceding paragraph (m). |
Road Traffic Act 1988 (c. 52) | In section 108(1), in the definition of “counterpart”, the “and” at the end of paragraph (a). In section 109—
|
Road Traffic Offenders Act 1988 (c. 53) | In Schedule 2, the entry for section 109 of the Road Traffic Act 1988. |
Criminal Justice (International Co-operation) Act 1990 (c. 5) | Sections 1 to 4, 7, 8 and 11. Schedule 1. In Schedule 4, paragraphs 6(2) and 8. |
Criminal Justice and Public Order Act 1994 (c. 33) | Section 164(1). |
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) | Section 28(9). |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 146—
In section 147(5), the “or” at the end of paragraph (a). |
Criminal Justice and Police Act 2001 (c. 16) | In Schedule 1, paragraph 49. |
Proceeds of Crime Act 2002 (c. 29) | Section 376(5). |
Sch. 1A inserted (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(3)