PART 18Mutual Legal Assistance in Criminal Matters

CHAPTER 4Saving provisions relating to European investigation orders

Incoming European investigation order (other than relating to a request for the temporary transfer of a prisoner)

84.—(1) This regulation applies in relation to a European investigation order received before commencement day by a central authority in the United Kingdom, to the extent that the order does not relate to a request for the temporary transfer of a prisoner or an EU prisoner.

(2) Regulations 75 (amendment of the Criminal Justice Act 1987), 77(3) (amendment of the Criminal Procedure (Scotland) Act 1995), 78 (amendment of the Criminal Law (Consolidation) (Scotland) Act 1995) and 79(3) (amendment of the Criminal Justice and Police Act 2001) of these Regulations do not apply.

(3) The following provisions of the 2017 Regulations continue to have effect—

(a)Part 3 (recognition and execution of a European investigation order made in a participating State), except Chapter 7 of that Part;

(b)regulation 59 (designation for the purposes of the Investigatory Powers Act 2016);

(c)Part 4 of Schedule 1 (designated executing authorities);

(d)Schedule 4 (general grounds for refusal), Schedule 5 (receiving evidence before a nominated court), and Schedule 6 (hearing a person by video-link or telephone conference);

(e)regulation 2 (general interpretation) and Schedule 2 (participating States), but only for the purpose of the provisions which continue to have effect by virtue of sub-paragraphs (a) to (d).

(4) In this regulation “European investigation order” has the meaning given by regulation 25 of the 2017 Regulations (interpretation).