UKPGA-2003-32 Crime (International Co-operation) Act 2003 UK

to any process issued or made in that country for the purposes of criminal proceedings,

to any document issued or made by an administrative authority in that country in administrative proceedings,

to any process issued or made for the purposes of any proceedings on an appeal before a court in that country against a decision in administrative proceedings,

to any document issued or made by an authority in that country for the purposes of clemency proceedings.

stating the effect of subsection (2),

indicating that the person on whom it is served may wish to seek advice as to the possible consequences of his failing to comply with the process under the law of the country where it was issued or made, and

indicating that under that law he may not be accorded the same rights and privileges as a party or as a witness as would be accorded to him in proceedings in the part of the United Kingdom in which the process is served.

tell the Secretary of State (or, as the case may be, the Lord Advocate) when and how it was served, and

(if possible) provide him with a receipt signed by the person on whom it was served.

inform the court of that fact, and

provide the court with a copy of the process, or of so much of it as is material, translated into an appropriate language.

must not include notice of a penalty,

must be accompanied by a notice giving any information required to be given by rules of court.

that the correct address of the person is unknown,

that it has not been possible to serve the process by post,

that there are good reasons for thinking that service by post will not be effective or is inappropriate.

citation or issue is by the prosecutor,

the citation is to be effected or the document issued is to be served outside the United Kingdom, and

the prosecutor believes that the person against whom it is to be effected or on whom it is to be served does not understand English,

citation or issue is by the court,

the citation is to be effected or the document issued is to be served outside the United Kingdom, and

the person at whose request that is to happen believes that the person against whom it is to be effected or on whom it is to be served does not understand English,

must not include notice of a penalty,

must be accompanied by a notice giving any information required to be given by rules of court.

that the correct address of the person is unknown,

that it has not been possible to effect the citation or serve the document by post,

that there are good reasons for thinking that citation or (as the case may be) service by post will not be effective or is inappropriate.

that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and

that proceedings in respect of the offence have been instituted or that the offence is being investigated,

in relation to England and Wales and Northern Ireland, by a prosecuting authority,

in relation to Scotland, by the Lord Advocate or a procurator fiscal,

where proceedings have been instituted, by the person charged in those proceedings.

in relation to England and Wales, any judge or justice of the peace,

in relation to Scotland, any judge of the High Court or sheriff,

in relation to Northern Ireland, any judge or resident magistrate.

it appears to the authority that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and

the authority has instituted proceedings in respect of the offence in question or it is being investigated.

that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and

that proceedings in respect of the offence have been instituted or that the offence is being investigated.

to a court exercising jurisdiction in the place where the evidence is situated, or

to any authority recognised by the government of the country in question as the appropriate authority for receiving requests of that kind.

the International Criminal Police Organisation, or

any body or person competent to receive it under any provisions adopted under the Treaty on European Union,

to whether it was possible to challenge the statement by questioning the person who made it, and

if proceedings have been instituted, to whether the local law allowed the parties to the proceedings to be legally represented when the evidence was being obtained.

that proceedings in respect of a listed offence have been instituted or such an offence is being investigated,

that there are reasonable grounds to believe that there is evidence in a participating country which satisfies the requirements of subsection (3), and

that a request has been made, or will be made, under section 7 for the evidence to be sent to the authority making the request,

is on premises specified in the application in the participating country,

is likely to be of substantial value (whether by itself or together with other evidence) to the proceedings or investigation,

is likely to be admissible in evidence at a trial for the offence, and

does not consist of or include items subject to legal privilege.

in relation to England and Wales and Northern Ireland, by a constable,

in relation to Scotland, by the Lord Advocate or a procurator fiscal.

in relation to England and Wales, any judge or justice of the peace,

in relation to Scotland, any judge of the High Court or sheriff,

in relation to Northern Ireland, any judge or resident magistrate.

a court exercising jurisdiction in the place where the evidence is situated, or

any authority recognised by the government of the country in question as the appropriate authority for receiving orders of that kind.

the person who applied for the order,

in relation to England and Wales and Northern Ireland, a prosecuting authority,

in relation to Scotland, the Lord Advocate,

any other person affected by the order.

if the conditions in section 14 are met, arrange for the evidence to be obtained under section 15, or

direct that a search warrant be applied for under or by virtue of section 16 or 17 or, in relation to evidence in Scotland, 18.

a court exercising criminal jurisdiction, or a prosecuting authority, in a country outside the United Kingdom,

any other authority in such a country which appears to the territorial authority to have the function of making such requests for assistance,

any international authority mentioned in subsection (3).

the International Criminal Police Organisation,

any other body or person competent to make a request of the kind to which this section applies under any provisions adopted under the Treaty on European Union.

criminal proceedings or a criminal investigation, being carried on outside the United Kingdom,

administrative proceedings, or an investigation into an act punishable in such proceedings, being carried on there,

clemency proceedings, or proceedings on an appeal before a court against a decision in administrative proceedings, being carried on, or intended to be carried on, there.

that an offence under the law of the country in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed, and

that proceedings in respect of the offence have been instituted in that country or that an investigation into the offence is being carried on there. An offence includes an act punishable in administrative proceedings.

the request is from a country which is a member of the Commonwealth or is made pursuant to a treaty to which the United Kingdom is a party, or

the authority is satisfied that if the conduct constituting the offence were to occur in a part of the United Kingdom, it would constitute an offence in that part.

constitutes an offence under the law of a country outside the United Kingdom, and

would, if it occurred in England and Wales, constitute an indictable offence.

in pursuance of a direction given under section 13, or

if it is an application for a warrant or order under section 8 of, or Schedule 1 to, that Act by a constable for the purposes of an investigation by an international joint investigation team of which he is a member.

constitutes an offence under the law of a country outside the United Kingdom, and

would, if it occurred in Northern Ireland, constitute a serious arrestable offence an indictable offence.

in pursuance of a direction given under section 13, or

if it is an application for a warrant or order under Article 10 of, or Schedule 1 to, that Order, by a constable for the purposes of an investigation by an international joint investigation team of which he is a member.

criminal proceedings have been instituted against a person in a country outside the United Kingdom or a person has been arrested in the course of a criminal investigation carried on there,

the conduct constituting the offence which is the subject of the proceedings or investigation would (if it occurred in England and Wales or Northern Ireland) constitute an indictable offence, or (if it occurred in Northern Ireland) constitute an arrestable offence, and

there are reasonable grounds for suspecting that there is on premises in England and Wales or (as the case may be) Northern Ireland occupied or controlled by that person evidence relating to the offence.

to enter the premises in question and search the premises to the extent reasonably required for the purpose of discovering any evidence relating to the offence,

to seize and retain any evidence for which he is authorised to search.

that there are reasonable grounds for suspecting that an offence under the law of a country outside the United Kingdom has been committed, and

that the conduct constituting the offence would, if it occurred in Scotland, constitute an offence punishable by imprisonment,

in pursuance of a direction given under section 13, or

if it is an application made at the request of an international joint investigation team for the purposes of their investigation.

where the evidence consists of a document, the original or a copy is to be sent, and

where the evidence consists of any other article, the article itself or a description, photograph or other representation of it is to be sent.

for protecting, pending its transfer to the participating country, evidence which is in the United Kingdom and may be used in any proceedings or investigation in the participating country, and

in respect of which the following requirements of this section are met.

a court exercising criminal jurisdiction in the country,

a prosecuting authority in the country,

any other authority in the country which appears to the territorial authority to have the function of making such orders.

criminal proceedings instituted in the participating country in respect of a listed offence, or

a criminal investigation being carried on there into such an offence.

be signed by or on behalf of the court or authority which made or confirmed the order,

include a statement as to the accuracy of the information given in it,

if it is not in English, include a translation of it into English (or, if appropriate, Welsh). The signature may be an electronic signature.

by a notice nominate a court in England and Wales or (as the case may be) Northern Ireland to give effect to the overseas freezing order,

send a copy of the overseas freezing order to the nominated court and to the chief officer of police for the area in which the evidence is situated,

tell the chief officer which court has been nominated.

by a notice nominate a sheriff to give effect to the overseas freezing order,

send a copy of the overseas freezing order to the sheriff and to the procurator fiscal. In relation to Scotland, references below in this section and in sections 22 to 25 to the nominated court are to be read as references to the nominated sheriff.

to enter the premises to which the overseas freezing order relates and search the premises to the extent reasonably required for the purpose of discovering any evidence to which the order relates, and

to seize and retain any evidence for which he is authorised to search.

in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or

if, under an order made by a court in criminal proceedings in the United Kingdom, the evidence may not be removed from the United Kingdom.

the overseas freezing order was accompanied by a request for the evidence to be sent to a court or authority mentioned in section 13(2), or

the territorial authority subsequently receives such a request,

the condition in section 21(6) or (7) is met, or

the overseas freezing order has ceased to have effect in the participating country.

the chief officer of police to whom a copy of the order was sent,

the constable,

any other person affected by the order.

the procurator fiscal to whom a copy of the order was sent,

any other person affected by the order.

paragraph 49 is omitted,

after paragraph 73B there is inserted—

before it has been found, on the completion of any examination required to be made by arrangements under section 53(2) of the Criminal Justice and Police Act 2001, to be property within subsection (3) of that section (property which may be retained after examination), or

at a time when it constitutes property in respect of which a person is required to ensure that arrangements such as are mentioned in section 61(1) of that Act (duty to secure) are in force.

for any function conferred on the Secretary of State (whether or not in terms) under sections 10, 11 and 13 to 26 to be exercisable instead in prescribed circumstances by the Commissioners for Revenue and Customs,

for any function conferred on a constable under those sections to be exercisable instead in prescribed circumstances by an officer of Revenue and Customs or a person acting under the direction of such an officer.

for any function conferred on him under sections 13 to 26 to be exercisable instead in prescribed circumstances by a prescribed person,

for any function conferred on a constable under those sections to be exercisable instead in prescribed circumstances by a prescribed person.

an offence described in Schedule 1A (listed offences within section 28(5)(a)), or

an offence prescribed or of a description prescribed by an order made by the Secretary of State.

any information specified in Schedule 1B (certificate under section 11(4) or 20(5): specified information), or

any information prescribed by an order made by the Secretary of State.

in relation to evidence in England and Wales or Northern Ireland, is the Secretary of State,

in relation to evidence in Scotland, is the Lord Advocate.

section 1 of the Perjury Act 1911 (c. 6),

Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/ 1714 (N.I. 19)),

sections 44 to 46 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) or, in relation to Scotland, any matter pertaining to the common law crime of perjury,

specify the court in the participating country,

give the name and address of the witness,

state that the witness is willing to give evidence by telephone in the proceedings before that court.

section 1 of the Perjury Act 1911 (c. 6),

Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/ 1714 (N.I. 19)),

sections 44 to 46 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) or, in relation to Scotland, any matter pertaining to the common law crime of perjury,

direct a senior police officer to apply, or arrange for a constable to apply, for a customer information order,

direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order.

this section were included in Chapter 2 of Part 8 of that Act,

subsections (2)(f) and (3)(i) of that section were omitted, and

the amendments of that section made in relation to Northern Ireland by Article 14 of the Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)) (which provide that “customer information” includes information in relation to safe deposit boxes) also extended to England and Wales.

the person specified in the application is subject to an investigation in the country in question,

the investigation concerns conduct which is serious criminal conduct,

the conduct constitutes an offence in England and Wales or (as the case may be) Northern Ireland, or would do were it to occur there, and

the order is sought for the purposes of the investigation.

all financial institutions,

a particular description, or particular descriptions, of financial institutions, or

a particular financial institution or particular financial institutions.

the person who applied for the order,

a senior police officer,

a constable authorised by a senior police officer to make the application,

a senior customs officer,

a customs officer authorised by a senior customs officer to make the application.

makes a statement which it knows to be false or misleading in a material particular, or

recklessly makes a statement which is false or misleading in a material particular.

on summary conviction, to a fine not exceeding the statutory maximum, or

on conviction on indictment, to a fine.

direct a senior police officer to apply, or arrange for a constable to apply, for an account monitoring order,

direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order.

there is an investigation in the country in question into criminal conduct, and

the order is sought for the purposes of the investigation.

all accounts held by the person specified in the application for the order at the financial institution so specified,

a particular description, or particular descriptions, of accounts so held, or

a particular account, or particular accounts, so held.

the person who applied for the order,

a senior police officer,

a constable authorised by a senior police officer to make the application,

a senior customs officer,

a customs officer authorised by a senior customs officer to make the application.

this section were included in Chapter 3 of Part 8 of that Act;

in subsection (1), after “accounts” there were inserted“ or any safe deposit box ”;

in subsection (2)—

in subsection (3)—

after subsection (5) there were inserted—

the person specified in the application is subject to an investigation in the country in question,

the investigation concerns conduct which is serious criminal conduct,

the conduct constitutes an offence in Scotland, or would do were it to occur in Scotland, and

the order is sought for the purposes of the investigation.

all financial institutions,

a particular description, or particular descriptions, of financial institutions, or

a particular financial institution or particular financial institutions.

makes a statement which it knows to be false or misleading in a material particular, or

recklessly makes a statement which is false or misleading in a material particular.

on summary conviction, to a fine not exceeding the statutory maximum, or

on conviction on indictment, to a fine.

there is an investigation in the country in question into criminal conduct, and

the order is sought for the purposes of the investigation.

all accounts held by the person specified in the application for the order at the financial institution so specified,

a particular description, or particular descriptions, of accounts so held, or

a particular account, or particular accounts, so held.

a financial institution is specified in a customer information order or account monitoring order made in any part of the United Kingdom, or

the Secretary of State or the Lord Advocate receives a request under section 13 for evidence to be obtained from a financial institution in connection with the investigation of an offence ....

that the request to obtain customer information or account information, or the request mentioned in subsection (1)(b), has been received,

that the investigation to which the request relates is being carried out, or

that, in pursuance of the request, information has been given to the authority which made the request.

on summary conviction, to a fine not exceeding the statutory maximum,

on conviction on indictment, to a fine.

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both,

on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

a person is subject to an investigation in the United Kingdom into serious criminal conduct,

the person holds, or may hold, an account at a bank which is situated in a participating country, and

the information which the applicant seeks to obtain is likely to be of substantial value for the purposes of the investigation,

in relation to England and Wales, any judge or justice of the peace,

in relation to Scotland, any sheriff,

in relation to Northern Ireland, any judge or resident magistrate.

in relation to England and Wales and Northern Ireland, a prosecuting authority designated by an order made by the Secretary of State,

in relation to Scotland, the Lord Advocate or a procurator fiscal.

information as to whether the person in question holds any accounts at any banks situated in the participating country,

details of any such accounts,

details of transactions carried out in any period specified in the request in respect of any such accounts.

state the grounds on which the authority making the request thinks that the person in question may hold any account at a bank which is situated in a participating country and (if possible) specify the bank or banks in question,

state the grounds on which the authority making the request considers that the information sought to be obtained is likely to be of substantial value for the purposes of the investigation, and

include any information which may facilitate compliance with the request.

the account is in his name or is held for his benefit, or

he has a power of attorney in respect of the account. In relation to Scotland, a power of attorney includes a factory and commission.

in relation to England and Wales, any judge or justice of the peace,

in relation to Scotland, any sheriff,

in relation to Northern Ireland, any judge or resident magistrate.

in relation to England and Wales and Northern Ireland, a prosecuting authority designated by an order made by the Secretary of State,

in relation to Scotland, the Lord Advocate or a procurator fiscal.

to a court specified in the request and exercising jurisdiction in the place where the information is to be obtained, or

to any authority recognised by the participating country in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.

an offence to which paragraph 3 of Article 1 (request for information on bank accounts) of the 2001 Protocol applies, or

an offence specified in an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers for the purpose of giving effect to any decision of the Council of the European Union under paragraph 6 of that Article.

means a person who is carrying on business in the regulated sector, and

in relation to a customer information order or an account monitoring order, includes a person who was carrying on business in the regulated sector at a time which is the time to which any requirement for him to provide information under the order is to relate.“Business in the regulated sector” is to be interpreted in accordance with Schedule 9 to the Proceeds of Crime Act 2002 (c. 29).

in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court,

in relation to Northern Ireland, a Crown Court judge.

serving a sentence in a prison,

in custody awaiting trial or sentence, or

committed to prison for default in paying a fine.

this section applies to any person detained in custody,

references in this section to the Secretary of State are to be read as references to the Scottish Ministers.

the prisoner, or

in the circumstances mentioned in subsection (5), a person appearing to the Secretary of State to be an appropriate person to act on the prisoner’s behalf,

the taking of the prisoner to a place in the United Kingdom and his delivery at a place of departure from the United Kingdom into the custody of a person representing the appropriate authority of the participating country to which the prisoner is to be transferred, and

the bringing of the prisoner back to the United Kingdom and his transfer in custody to the place where he is liable to be detained under the sentence or order to which he is subject.

by virtue of a sentence or order of a court exercising criminal jurisdiction there, or

in consequence of —

this section applies to any person who is detained in custody in a participating country,

the reference in subsection (1) to the Secretary of State is to be read as a reference to the Scottish Ministers.

the bringing of the prisoner to the United Kingdom,

the taking of the prisoner to, and his detention in custody at, any place or places in the United Kingdom specified in the warrant,

the returning of the prisoner to the country from which he has come.

he is to be treated for the purposes of that Act as if he has then illegally entered the United Kingdom, and

the provisions of Schedule 2 to that Act have effect accordingly except that paragraph 20(1) (liability of carrier for expenses of custody etc. of illegal entrant) does not have effect in relation to directions for his removal given by virtue of this subsection.

in the case of an order to be made by the Secretary of State, a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament,

in the case of an order to be made by the Scottish Ministers, a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any ... country designated by an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers.

any other document issued or made by a court for service on parties or witnesses,

any document issued by a prosecuting authority outside the United Kingdom for the purposes of criminal proceedings.

an individual (“the offender”) is convicted of a qualifying UK road traffic offence,

when convicted, the offender—

no appeal is outstanding in relation to the offence, and

the driving disqualification condition is met in relation to the offence.

an offence under the law of England and Wales or Scotland mentioned in Schedule 3;

an offence under the law of Northern Ireland mentioned in Schedule 3A.

in relation to an offence mentioned in Part 1 of Schedule 3 or Part 1 of Schedule 3A, if an order of disqualification is made in respect of the offence,

in relation to an offence mentioned in Part 2 of Schedule 3 or Part 2 of Schedule 3A, if an order of disqualification for a period not less than the minimum period is made in respect of the offence.

for an offence mentioned in Part 2 of Schedule 3 in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;

for an offence mentioned in Part 2 of Schedule 3A in relation to which the Department has by regulations specified a period of less than six months, that period;

for any other offence, a period of six months.

section 35A or 35C of the Road Traffic Offenders Act 1988;

section 248D of the Criminal Procedure (Scotland) Act 1995;

section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.

Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6));

Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10));

Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

no appeal is brought against an offender’s conviction of the offence, or any order made on his conviction, within the time allowed for making such appeals, or

such an appeal is brought and the proceedings on appeal are finally concluded.

give the name, address and date of birth of the offender,

give particulars of the offence,

state that no appeal is outstanding in relation to it,

give particulars of the disqualification,

state whether or not the offender took part in the proceedings in which the disqualification was imposed,

state that the offender has been informed that any decision made for the purposes of the specified agreement on driving disqualifications will have no effect on the disqualification.

under section 91A(7A)(b) of the Road Traffic Offenders Act 1988 (c. 53), or

under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).

the central authority, or

the competent authority of the Republic of Ireland,

an individual (“the offender”) is convicted in the Republic of Ireland of an offence described in Schedule 3B,

when convicted, the offender—

no appeal is outstanding in relation to the offence,

the driving disqualification condition is met in relation to the offence, and

the offender was duly notified of the proceedings (“the relevant proceedings”) in which the disqualification was imposed and was entitled to take part in them.

in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence;

in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.

for an offence in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;

for any other offence, a period of six months.

where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time;

where the offender was not normally resident in the United Kingdom when convicted but held a Great Britain licence or a Northern Ireland licence, the part of the United Kingdom in which the offender was last normally resident before conviction.

no appeal is brought against an offender’s conviction of the offence, or any decision made as a result of his conviction, within the time allowed for making such appeals, or

such an appeal is brought and the proceedings on appeal are finally concluded.

must give the offender a notice under this section if the unexpired period of the Republic of Ireland disqualification is not less than three months, and

may give him a notice under this section if that period is less than three months.

the period of the Republic of Ireland disqualification, less

any period of that disqualification which is treated by regulations made by the appropriate Minister as having been served in the Republic of Ireland .

for the relevant period, and

if the Republic of Ireland disqualification is also effective until a condition is satisfied, until the condition or a corresponding prescribed condition is satisfied.

begins at the end of the period of 21 days beginning with the day on which the notice is given, and

is equal to the unexpired period of the Republic of Ireland disqualification.

the condition in subsection (1)(a) is to be treated as satisfied, and

the other references in this section and section 58 to the unexpired period of the Republic of Ireland disqualification are to be read as references to a disqualification for life.

give particulars of the offence in respect of which the Republic of Ireland disqualification was imposed and the period of that disqualification,

state that the offender is disqualified in each part of the United Kingdom for a period equal to the unexpired period of the Republic of Ireland disqualification,

state the date from which, and period for which, he is disqualified,

give particulars of any relevant condition mentioned in section 57(4)(b),

give details of his right to appeal under section 59.

in relation to England and Wales, a magistrates' court ...,

in relation to Scotland, the sheriff within whose jurisdiction the applicant resides,

in relation to Northern Ireland, a court of summary jurisdiction ....

be sent in such manner and to such address, and

contain such particulars,

be sent in such manner and to such address, and

contain such particulars,

be sent in such manner and to such address, and

contain such particulars,

be sent in such manner and to such address, and

contain such particulars,

is given a notice under section 57 by the Secretary of State, and

is the holder of a licence,

has the licence ... , or

has delivered it to the Secretary of State.

is given a notice under section 57 by the Department, and

is the holder of a licence,

a person delivers a current receipt for his licence and its counterpart to the Department within the period for the time being mentioned in subsection (1), and

on the return of his licence and its counterpart immediately delivers them to the Department,

has the licence and its counterpart, or

has delivered them to the Department.

the holder of a Community licence is disqualified by virtue of section 57, and

the licence is sent to the Secretary of State or the Department under section 63 or 64.

the holder’s name and address, and

particulars of the disqualification,

on the expiry of the relevant period of the disqualification (within the meaning of section 57), or

if earlier, on being satisfied that the holder has left Great Britain or (as the case may be) Northern Ireland and is no longer normally resident there.

the Secretary of State or the Department would otherwise be under a duty under paragraph (a) of that subsection to return the licence, and

the holder would not at that time be authorised by virtue of section 99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in Great Britain or Northern Ireland a motor vehicle of any class.

send the licence to the licensing authority in the EEA State in respect of which it was issued, and

explain to that authority the reasons for so doing.

the disqualification is suspended, or

he is not disqualified,

is normally resident in Great Britain, or

is not normally resident in Great Britain but holds a Great Britain licence,

is normally resident in Northern Ireland, or

is not normally resident in Northern Ireland but holds a Northern Ireland licence,

may then hold, or

may subsequently obtain,

a new Northern Ireland licence, or

a new counterpart of a Great Britain licence or Community licence,

applies for a new licence under Article 13(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),

surrenders any subsisting licence and its counterpart,

pays the fee prescribed by regulations under Part 2 of that Order, and

satisfies the other requirements of Article 13(1).

delivering it to him,

leaving it at his proper address, or

sending it to him by post.

subsection (1), and

section 7 of the Interpretation Act 1978 (c. 30) in its application to that subsection,

between the United Kingdom and the Republic of Ireland, and

for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence.

in subsection (1)(c), after sub-paragraph (i) there is inserted—,

after subsection (1A) there is inserted—

in subsection (2A), at the end there is inserted “ or subsection (6) below ”,

at the end there is inserted—

in subsection (5), for paragraph (c) there is substituted—,

at the end of subsection (6) there is inserted—,

by the Secretary of State under Part 3 of the Road Traffic Act 1988 (c. 52), or

by the Department of the Environment under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),

in paragraph (g), at the end there is inserted “ and other bills of exchange ”,

after paragraph (h) there is inserted—,

after paragraph (j) there is inserted—.

is not to be subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but

is to be subject to annulment in pursuance of a resolution of either House of Parliament.

any supplementary, incidental or consequential provision,

any transitory, transitional or saving provision,

in relation to any provision that would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, the Scottish Ministers,

in relation to any other provision, the Secretary of State.

sections 37 to 41,

section 89.

The court has the like powers for securing the attendance of a witness as it has for the purposes of other proceedings before the court.

In Scotland the court has power to issue a warrant to officers of law to cite witnesses, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to a witness so cited.

The court may take evidence on oath.

Rules of court under section 49 may, in particular, make provision in respect of the persons entitled to appear or take part in the proceedings and for excluding the public from the proceedings.

in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction, or

subject to sub-paragraph (2), in criminal proceedings in the country from which the request for the evidence has come.

where the evidence consists of a document, the original or a copy is to be provided,

where it consists of any other article, the article itself, or a description, photograph or other representation of it, is to be provided.

The Bankers' Books Evidence Act 1879 (c. 11) applies to the proceedings as it applies to other proceedings before the court.

No order for costs may be made.

The following offences, as they are defined by the law of the issuing State, and if they are punishable in the issuing State by a custodial sentence of a maximum period of at least three years–

participation in a criminal organisation;

terrorism;

trafficking in human beings;

sexual exploitation of children and child pornography;

illicit trafficking in narcotic drugs and psychotropic substances;

illicit trafficking in weapons, munitions and explosives;

corruption;

fraud;

laundering of the proceeds of crime;

counterfeiting currency;

computer-related crime;

environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;

facilitation of unauthorised entry and residence;

murder or grievous bodily injury;

illicit trade in human organs and tissue;

kidnapping, illegal restraint and hostage-taking;

racism and xenophobia;

organised or armed robbery;

illicit trafficking in cultural goods, including antiques and works of art;

swindling;

racketeering and extortion;

counterfeiting and piracy of products;

forgery of, or trafficking in, administrative documents;

forgery of means of payment;

illicit trafficking in hormonal substances and other growth promoters;

illicit trafficking in nuclear or radioactive materials;

(z1) trafficking in stolen vehicles;

(z2) rape;

(z3) arson;

(z4) crimes within the jurisdiction of the International Criminal Court;

(z5) unlawful seizure of aircraft or ships;

(z6) sabotage.

the judicial authority which issued the freezing order;

the authority competent for the enforcement of the freezing order in the issuing State.

languages in which it is possible to communicate with that authority;

contact details (including languages in which it is possible to communicate with the person) of the person to contact if additional information on the execution of the order is necessary or to make necessary practical arrangements for the transfer of evidence (if applicable).

that both of them must be contacted, or

(if that is not the case) which one must be contacted.

Where a central authority has been made responsible for the transmission and administrative reception of freezing orders, details of that authority, including name, contact details (address, e-mail address and telephone number) and any relevant reference number.

The date, purpose and reference number of the freezing order.

The formalities and procedures to be observed when executing a freezing order concerning evidence (if applicable).

The following information regarding the evidence in the executing State covered by the freezing order—

precise description of the evidence;

exact location of the evidence (or, if not known, the last known location);

party having custody of the evidence or known beneficial owner of the evidence, if different from the person suspected of the offence or convicted (if applicable under the national law of the issuing State).

The following information regarding the identity of the natural or legal person suspected of the offence or convicted (if applicable under the national law of the issuing State) and/or the person to whom the freezing order relates (if available)—

in the case of natural persons—

in the case of legal persons—

participation in a criminal organisation;

terrorism;

trafficking in human beings;

sexual exploitation of children and child pornography;

illicit trafficking in narcotic drugs and psychotropic substances;

illicit trafficking in weapons, munitions and explosives;

corruption;

fraud;

laundering of the proceeds of crime;

counterfeiting currency;

computer-related crime;

environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;

facilitation of unauthorised entry and residence;

murder or grievous bodily injury;

illicit trade in human organs and tissue;

kidnapping, illegal restraint and hostage-taking;

racism and xenophobia;

organised or armed robbery;

illicit trafficking in cultural goods, including antiques and works of art;

swindling;

racketeering and extortion;

counterfeiting and piracy of products;

forgery of, or trafficking in, administrative documents;

forgery of means of payment;

illicit trafficking in hormonal substances and other growth promoters;

illicit trafficking in nuclear or radioactive materials;

trafficking in stolen vehicles;

rape;

arson;

crimes within the jurisdiction of the International Criminal Court;

unlawful seizure of aircraft or ships;

sabotage.

Details of legal remedies against the freezing order for interested parties, including bona fide third parties, available in the issuing State, including—

description of the legal remedies available including necessary steps to take;

court before which the action may be taken;

information as to those for whom the action is available;

time limit for submission of the action;

details of authority in the issuing State who can supply further information on procedures for submitting appeals in the issuing State and on whether the legal assistance and translation is available, including name, address, e-mail address and telephone number.

the judicial authority which issued the freezing order,

the authority competent for the enforcement of the freezing order in the issuing State.

languages in which it is possible to communicate with that authority,

contact details of the person to contact if additional information on the execution of the freezing order is necessary or to make necessary practical arrangements for the transfer of evidence (if applicable).

that both authorities must be contacted, or

of which authority should be contacted.

Where an authority has been made responsible for the transmission and administrative reception of freezing orders (“central authority”) in the issuing State, details of the central authority, including name, contact details (address, e-mail address and telephone number) and any relevant reference number.

The date, purpose and reference number of the freezing order.

The formalities and procedures to be observed when executing a freezing order concerning evidence (if applicable).

The following information regarding the evidence in the executing State covered by the freezing order—

precise description of the evidence,

exact location of the evidence (or, if not known, the last known location),

party having custody of the evidence or known beneficial owner of the evidence, if different from the person suspected of the offence or convicted (if applicable under the national law of the issuing State).

The following information regarding the identity of the natural or legal person suspected of the offence or convicted (if applicable under the national law of the issuing State) or the person to whom the freezing order relates (if available)—

in the case of natural persons—

in the case of legal persons—

The action to be taken by the executing State after executing the freezing order.

Details of legal remedies against the freezing order for interested parties, including third parties, available in the issuing State, including—

description of the legal remedies available including necessary steps to take,

court before which the action may be taken,

information as to those for whom the action is available,

time limit for submission of the action,

details of authority in the issuing State who can supply further information on procedures for submitting appeals in the issuing State and on whether the legal assistance and translation is available, including name, address, e-mail address and telephone number.

The nominated court has the like powers for securing the attendance of the witness to give evidence through the link as it has for the purpose of proceedings before the court.

In Scotland the nominated court has power to issue a warrant to officers of law to cite the witness for the purpose of securing his attendance to give evidence through the link, and section 156 of the Criminal Procedure (Scotland) Act 1995 (c. 46) applies in relation to the witness if so cited.

The witness is to give evidence in the presence of the nominated court.

The nominated court is to establish the identity of the witness.

The nominated court is to intervene where it considers it necessary to do so to safeguard the rights of the witness.

The evidence is to be given under the supervision of the court of the country concerned.

The evidence is to be given in accordance with the laws of that country and with any measures for the protection of the witness agreed between the Secretary of State and the authority in that country which appears to him to have the function of entering into agreements of that kind.

Rules of court under section 49 must make provision for the use of interpreters.

Rules of court under section 49 must make provision—

for the drawing up of a record of the hearing,

for sending the record to the external authority.

The nominated court must notify the witness of the time when and the place at which he is to give evidence by telephone.

The nominated court must be satisfied that the witness is willingly giving evidence by telephone.

The witness is to give evidence in the presence of the nominated court.

The nominated court is to establish the identity of the witness.

The evidence is to be given under the supervision of the court of the participating country.

The evidence is to be given in accordance with the laws of that country.

Rules of court under section 49 must make provision for the use of interpreters.

An offence under section 89(1) of the Road Traffic Regulation Act 1984 (c. 27) ... (exceeding speed limit).

An offence under any of the following sections of the Road Traffic Act 1988 ...—

section 1 ... (causing death by dangerous driving),

section 1A (causing serious injury by dangerous driving),

section 2 ... (dangerous driving),

section 2B (causing death by careless, or inconsiderate, driving),

section 2C (causing serious injury by careless, or inconsiderate, driving),

section 3 ... (careless, and inconsiderate, driving),

section 3ZB (causing death by driving: unlicensed... or uninsured drivers),

section 3ZC (causing death by driving: disqualified drivers),

section 3ZD (causing serious injury by driving: disqualified drivers),

section 3A ... (causing death by careless driving when under influence of drink or drugs),

section 4 ... (driving, or being in charge, when under influence of drink or drugs),

section 5 ... (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),

section 5A (driving, or being in charge, of a motor vehicle with concentration of specified controlled drug above specified limit),

section 6 ... (failing to provide a specimen of breath for a breath test),

section 7 ... (failing to provide specimen for analysis or laboratory test).

An offence under section 12 of the Road Traffic Act 1988 (motor racing and speed trials on public ways).

An offence under section 103(1)(b) of the Road Traffic Act 1988 ... (driving while disqualified).

An offence under section 170(4) of the Road Traffic Act 1988 ... (failing to stop after accident and give particulars or report of accident).

An offence which—

is mentioned in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) ... , but

is not an offence mentioned in Part 1 of this Schedule.

An offence under Article 168A(1)(c) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving while disqualified).

An offence under Article 175(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after accident and give particulars or report of accident).

An offence under any of the following Articles of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))—

Article 9 (causing death or grievous bodily injury by dangerous driving),

Article 10 (dangerous driving),

Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving),

Article 12 (careless, and inconsiderate, driving),

Article 12B (causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers),

Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs),

Article 15 (driving, or being in charge, when under the influence of drink or drugs),

Article 16 (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit),

Article 17 (failing to provide a specimen of breath for a breath test), or

Article 18 (failing to provide a specimen for analysis or laboratory test).

An offence under Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)) (exceeding speed limit).

An offence which—

is mentioned in Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)), but

is not an offence mentioned in Part 1 of this Schedule.

An offence arising from—

reckless or dangerous driving, whether or not resulting in death, injury or serious risk,

wilful failure to carry out the obligations placed on drivers after being involved in road accidents,

driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver,

refusal to submit to alcohol and drug tests,

driving a vehicle faster than the permitted speed, or

driving a vehicle while disqualified.

An offence arising from conduct which is a road traffic offence that is not mentioned in Part 1 of this Schedule.

The Terrorism Act 2000 (c. 11) is amended as follows.

In section 123 (orders and regulations), in subsection (2)(i), for “paragraph” there is substituted “ paragraphs 11A, 25A, 41A and ”.

In Part 1 of Schedule 4 (forfeiture orders: England and Wales), after paragraph 11 there is inserted—

In paragraph 14 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 11D) ”.

In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 25 there is inserted—

In paragraph 28 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 25D) ”.

In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph 41 there is inserted—

In paragraph 44 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second “order” there is inserted “ (other than an overseas freezing order within the meaning of paragraph 41D) ”.

In Part 4 of that Schedule (insolvency), in paragraph 45, at the end of paragraph (c) of the definition of “restraint order” there is inserted “ or an order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of paragraph 11G, 25G or 41G ”.

The Internationally Protected Persons Act 1978 is amended as follows.

In section 2 (supplementary provisions), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

The Suppression of Terrorism Act 1978 is amended as follows.

In section 4 (jurisdiction in respect of offences committed outside United Kingdom), in subsections (4) and (5), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after “Road Traffic Orders” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

The Nuclear Material (Offences) Act 1983 is amended as follows.

In section 3 (supplemental), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

The Child Abduction Act 1984 is amended as follows.

In section 11 (consequential amendments and repeals), in subsection (3), after “the Internationally Protected Persons Act 1978” there is inserted “ and sections 63B(2) and 63C(2) of the Terrorism Act 2000 ”.

The Criminal Justice Act 1987 is amended as follows.

In section 2 (investigation powers of Director of Serious Fraud Office)—

in subsection (1A), for paragraph (b) there is substituted—,

in subsection (8A), for the words from “furnished” to the end there is substituted “ given to the overseas authority which requested it or given to the Secretary of State for forwarding to that overseas authority) ”,

subsection (8B) is omitted,

in subsection (8C), for “transmitted” (in both places) there is substituted “ forwarded ”,

in subsection (18), “(8B)” is omitted.

The Criminal Justice Act 1988 is amended as follows.

In section 24 (business etc. documents), in subsection (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

In section 26 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

In paragraph 6 of Schedule 13 (evidence before courts-martial etc.)—

in sub-paragraph (1)—

in sub-paragraph (4), for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining evidence ”.

The Road Traffic Act 1988 is amended as follows.

In section 88 (exceptions to offence under section 87)—

in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”,

in subsection (1B)(a), after “Road Traffic Acts” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

In section 92 (requirements as to physical fitness of drivers), in subsection (7D), after “99D” there is inserted “ or 109C ”.

In section 94A (driving after refusal or revocation of licence), in subsection (1)—

in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted “ section 93 ”,

in paragraph (a)(iii)—

in paragraph (b)(ii), at the end there is inserted “ or Northern Ireland licence ”.

In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”.

In section 100 (appeals relating to licences), in subsection (1)—

in paragraph (c), after “99(3)” there is inserted “ or (3A) ”,

for “or 99C” there is substituted “ , 99C or 109B ”.

In section 105 (regulations)—

in subsection (2)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 107 (service of notices), for “99B or 99E” there is substituted “ 99B, 99E or 109A ”.

In section 108 (interpretation), in subsection (1)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the definition of “Northern Ireland driving licence” and “Northern Ireland licence”, at the end there is inserted “ and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland ”.

In section 109 (provisions as to Northern Ireland drivers' licences)—

in subsection (1), after “Great Britain,” there is inserted “ in accordance with that licence, ”,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

subsections (3) to (5) are omitted.

In section 164 (power of constables to require production of driving licence etc.)—

in subsection (3)—

in subsection (11)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for “91A,” there is substituted “ 91ZA to ”.

The Road Traffic Offenders Act 1988 is amended as follows.

In section 3 (restriction on institution of proceedings for certain offences), in subsection (2A), after “99D” there is inserted “ or 109C ”.

In section 26 (interim disqualification), in subsection (10), for the words from “and 91A(5)” to “licences)” there is substituted “ , 91ZA(7) and 91A(5) of this Act ”.

In section 98 (general interpretation), in subsection (1)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for “and “EEA State”” there is substituted “ , “EEA State” and “Northern Ireland licence” ”.

In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act apply)—

in the entry for section 94(3) of the Road Traffic Act 1988, in column 1, at the end there is inserted “ or 109C ”,

in the entry for section 94(3A) of that Act, in column 1, at the end there is inserted “ or 109C(c) ”,

in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In Schedule 2 (prosecution and punishment of offences)—

in the entry for section 94(3) of the Road Traffic Act 1988, in column 2, at the end there is inserted “ or 109C ”,

in the entry for section 94(3A) of that Act, in column 2, at the end there is inserted “ or 109C(c) ”,

in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the entry for section 109 of that Act is omitted,

before the entry for section 114 of that Act there is inserted—

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is amended as follows.

In Article 4 (business etc. documents), in paragraph (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

In Article 6 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

The Criminal Justice (International Co-operation) Act 1990 is amended as follows.

Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of evidence) are omitted.

In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—

Schedule 1 (proceedings of nominated court) is omitted.

The Road Traffic (New Drivers) Act 1995 is amended as follows.

In section 2 (surrender of licences), at the end there is inserted—

In section 3 (revocation of licences)—

after subsection (1) there is inserted—,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

at the end, there is inserted—

In section 4 (re-testing)—

in subsection (1)—

after subsection (1) there is inserted—,

in subsections (2) and (3), at the end there is inserted “ or (as the case may be) full Northern Ireland licence ”,

in subsection (5)—

In section 5 (restoration of licence without re-testing in certain cases)—

in subsections (1), (4) and (6), for “section 3(1)” there is substituted “ section 3 ”,

in subsections (3)(a) and (4)(c), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”,

at the end there is inserted—

In section 7 (early termination of probationary period)—

in paragraph (b), for “section 3(1)” there is substituted “ section 3 ”,

in paragraph (c)—

In section 9 (interpretation), after subsection (2) there is inserted—

Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.

In paragraph 1, at the end there is inserted—

In paragraph 2, after sub-paragraph (4) there is inserted—

In paragraph 5—

after sub-paragraph (1) there is inserted—,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

at the end there is inserted—

In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is substituted “ paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1), ”.

In paragraph 8—

after sub-paragraph (1) there is inserted—,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

at the end there is inserted—

In paragraph 9—

in sub-paragraph (1), for “paragraph 8(1)” there is substituted “ paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1), ”,

in sub-paragraph (4)(b)(i), after “1988” there is inserted “ , or under a provision of Northern Ireland law corresponding to that section, ”.

In paragraph 10(a)—

for “paragraph 5(1)” there is substituted “ paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1)) ”,

for “paragraph 8(1)” there is substituted “ paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1)) ”.

In paragraph 11—

in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and “paragraph 8(1)” there is substituted “ paragraph 5 ” and “ paragraph 8 ” respectively,

in sub-paragraph (1)(d), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”.

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

In section 27 (Lord Advocate’s direction), in subsection (2), for “section 4(2B) of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 15(4) of the Crime (International Co-operation) Act 2003 ”.

In section 28 (powers of investigation)—

in subsection (8), for the words from “by the” to the end there is substituted “ by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority ”,

subsection (9) is omitted,

in subsection (10), for “transmitted” (in both places) there is substituted “ forwarded ”.

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

In section 210(1)(c) (consideration, in passing sentence of imprisonment or detention, of time spent in custody), at the end there is inserted “ so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003, abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above ”.

The United Nations Personnel Act 1997 is amended as follows.

In section 5 (supplementary provisions), in subsections (1) and (2), for “and the Nuclear Material (Offences) Act 1983” there is substituted “ , the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000 ”.

The Data Protection Act 1998 is amended as follows.

In section 28(1) (national security), for “section” there is substituted “sections 54A and” .

In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12” there is inserted “section 54A and” .

In section 63(5) (application to the Crown), for “section” there is substituted “ sections 54A and ” .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Terrorism Act 2000 is amended as follows.

In section 121 (interpretation), in the definition of “premises”, before “includes” (in the first place) there is inserted “ , except in section 63D, ”.

In section 123 (orders and regulations), in subsection (2), after paragraph (b) there is inserted—.

The Regulation of Investigatory Powers Act 2000 is amended as follows.

In section 65 (investigatory powers tribunal)—

in subsection (5)—

after subsection (7), there is inserted—

In section 78 (orders, regulations and rules), in subsection (3)(a), for “or 71(9)” there is substituted “ , 71(9) or 76A(9) ”.

In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—

after “section” there is inserted “ section 5 of the Criminal Justice (International Co-operation) Act 1990 and ”,

for “is” there is substituted “ are ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 2—subsection (8B), in subsection (18), the word “(8B)”.

In section 3(6), the “and” preceding paragraph (m).

In section 108(1), in the definition of “counterpart”, the “and” at the end of paragraph (a).

In section 109—in subsection (2), paragraph (b) and the “and” preceding it, subsections (3) to (5).

Sections 1 to 4, 7, 8 and 11.

Schedule 1.

In Schedule 4, paragraphs 6(2) and 8.

In section 146—in subsection (4), the “or” at the end of paragraph (a), in subsection (5), in the definition of “counterpart”, the “and” at the end of paragraph (a).

In section 147(5), the “or” at the end of paragraph (a).