Incoming European investigation order (other than relating to a request for the temporary transfer of a prisoner)U.K.
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).
[F1(5) See Article 62(1)(l) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act.]
Textual Amendments
F1Reg. 84(5) inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 27
Commencement Information
I1Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1