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Statutory Instruments

1991 No. 1072 (C.29)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice (International Co-operation) Act 1990(Commencement No. 1) Order 1991

Made

23rd April 1991

In exercise of the powers conferred on me by section 32(2) of theCriminal Justice (International Co-operation) Act 1990(1), I hereby make the following Order:

1.—(1) This Order may be cited as the Criminal Justice (InternationalCo-operation) Act 1990 (Commencement No. 1) Order 1991.

(2) In this Order“the 1990 Act” means the Criminal Justice (InternationalCo-operation) Act 1990.

2.  Subject to article 3 below—

(a)the provisions of the 1990 Act specified in Part I of the Scheduleto this Order shall come into force on 10th June 1991; and

(b)the provisions of the 1990 Act specified in Part II thereof shallcome into force on 1st July 1991.

3.  To the extent necessary for the purposes of making any Order inCouncil, order, rules or regulations under any of the followingprovisions thereof, the 1990 Act shall come into force forthwith—

section 3(3)designation of prosecuting authority for purposes of issuing letters of request
sections 7(7) and 8(5)conferral of powers of search etc. by persons other than constables
section 9enforcement of overseas forfeiture orders
section 10rules of court for the purposes of Part I
section 12(5)substances useful for manufacturing controlled drugs
section 13regulations about scheduled substances
section 28(2)rules of court for the purposes of Part III
section 29(2)prescribed sum for the purposes of seizure of cash under Part III
section 32(4)extension of Act’s provisions to Channel Islands, Isle of Man or any colony
Schedule 2substances useful for manufacturing controlled drugs
paragraph 1(1)(c) of Schedule 3specification of enforcement officers in relation to offences on ships.

Kenneth Baker

One of Her Majesty’s Principal Secretaries of State

Home Office

23rd April 1991

Article 2

SCHEDULE

PART IPROVISIONS OF THE CRIMINAL JUSTICE(INTERNATIONAL CO-OPERATION) ACT 1990 COMING INTO FORCE ON 10th JUNE 1991

Provisions of the ActSubject matter of provisions
Part I and Schedule 1Criminal proceedings and investigations
Section 30(1)Expenses and receipts
Section 31, to the extent necessary to bring into force the provisions of Schedules 4 and 5 specified respectively in Appendices A and B heretoConsequential and other amendments and repeals
So much of Schedule 4 as is specified in Appendix A heretoConsequential and other amendments
So much of Schedule 5 as is specified in Appendix B heretoRepeals
Section 32Short title, commencement and extent

APPENDIX APROVISIONS OF SCHEDULE 4 COMING INTO FORCE ON 10th JUNE 1991

So much of Schedule 4 as amends the following enactments:

APPENDIX BREPEALS TAKING EFFECT ON 10th JUNE 1991

ChapterShort titleExtent of repeal
36 & 37 Vict. c.60The Extradition Act 1873Section 5.
1975 c. 34The Evidence (Proceedings in Other Jurisdictions) Act 1975Section 5.
1978 c. 26The Suppression of Terrorism Act 1978In section 1, subsection (3)(d) together with the word“and” immediately preceding it, in subsection (4) the words from“and that subsection (3)(d)(ii)” onwards and subsection (5)(b) together with the word“and” immediately preceding it.
1988 c. 33The Criminal Justice Act 1988Section 29.

PART IIPROVISIONS OF THE CRIMINAL JUSTICE (INTERNATIONALCO-OPERATION) ACT 1990 COMING INTO FORCE ON 1st JULY 1991

Provisions of the ActSubject matter of provisions
Part II and Schedules 2 and 3 (so far as not already in force)Substances useful for manufacture of controlled drugs, proceeds of crime and offences at sea
Section 31 (so far as not already in force)Consequential and other amendments and repeals
Schedule 4 (so far as not already in force)Consequential and other amendments
Schedule 5 (so far as not already in force)Repeals

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 10th June 1991 Parts I and IV (savefor sections 30(2) and 31(2)) of the Criminal Justice (InternationalCo-operation) Act 1990, which provide for mutual legal assistancebetween countries in criminal matters. Part II of the Act comes intoforce on 1st July 1991 (offences and regulations concerning schedulessubstances, proceeds of crime and offences at sea) which in partimplements the United Nations Convention against Illicit Traffic inNarcotic Drugs and Psychotropic Substances which was signed in Vienna on20th December 1988. By virtue of article 3, the 1990 Act, to the extentnecessary for the making of any Order in Council, order, regulations orrules thereunder, comes into force forthwith.