PART 3Recognition and execution in the United Kingdom of a European investigation order made in a participating State

CHAPTER 5Execution of a European investigation order by means of a customer information order or an account monitoring order

Power to vary or revoke customer information and account monitoring orders48

1

On an application made by a person mentioned in paragraph (3), the nominated court may vary or revoke a customer information order or an account monitoring order.

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 46(1), 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it appears to the nominated court that the European investigation order has been withdrawn or no longer has effect in the issuing State.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

The persons are—

a

in relation to England and Wales and Northern Ireland, a chief officer of police to whom a copy of the order was sent;

b

in relation to Scotland, a procurator fiscal;

c

any other person affected by the order.

4

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.