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),

• “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),

• “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.

(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 Article 3(2) of the relevant Framework Decision, 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 required to be given by the form of certificate annexed to the relevant Framework Decision, 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.

Commencement Information

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