European investigation order for the temporary transfer of a prisoner
22.—(1) This regulation applies—
(a)in relation to England and Wales and Northern Ireland, where a judicial authority or designated public prosecutor receives from the Secretary of State a warrant issued under regulation 20 or 21;
(b)in relation to Scotland, where the Lord Advocate receives from the Scottish Ministers a warrant issued under regulation 20 or 21.
(2) If satisfied that—
(a)in relation to a warrant issued under regulation 20, it is necessary and proportionate for the prisoner to be present in the territory of the participating State for the purpose mentioned in paragraph (1) of that regulation;
(b)in relation to a warrant issued under regulation 21, it is necessary and proportionate for the EU prisoner to be present in the United Kingdom for the purpose mentioned in paragraph (1)(a) or, as the case may be, paragraph (1)(b) of that regulation,
the judicial authority or designated public prosecutor (or, in Scotland, the Lord Advocate) must make an order for the transfer of the prisoner or the EU prisoner.
(3) An order under this regulation must—
(a)be in the form set out in Annex A to the Directive;
(b)contain the specified information;
(c)be signed by or on behalf of the person who made it (the signature may be an electronic one), and
(d)include a statement certifying that the information given in it is accurate and correct.
(4) An order made under this regulation—
(a)in England and Wales or Northern Ireland must be given to the Secretary of State for transmission to the central authority or appropriate executing authority of the executing State;
(b)in Scotland must be transmitted by the Lord Advocate to the central authority or appropriate executing authority of the executing State.
(5) A European investigation order transmitted under this regulation must be accompanied by a translation of the order into an appropriate language of the executing State (if that language is not English), in accordance with any notification made by that State under Article 33(1)(b) of the Directive.