- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
41.—(1) On an application by a person mentioned in paragraph (3) or (4), the nominated court may—
(a)vary or revoke a warrant issued or production order made by it under regulation 39, or
(b)authorise the release of any evidence retained by a constable under regulation 40(1).
(2) But the nominated court may only exercise its power under paragraph (1) to the extent that—
(a)it is of the opinion mentioned in regulation 39(5), or
(b)it appears to the nominated court that the European investigation order has been withdrawn or no longer has effect in the issuing State.
(3) In relation to England and Wales and Northern Ireland, the persons are—
(a)the chief officer of police to whom a copy of the European investigation order was sent;
(b)the constable retaining the evidence under regulation 40(1);
(c)any other person affected by the order.
(4) In relation to Scotland, the persons are—
(a)a procurator fiscal;
(b)any other person affected by the order.
(5) When considering an application under this regulation, the nominated court must not entertain any challenge to the substantive reasons in relation to which the European investigation order was issued.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: