The Criminal Justice and Data Protection (Protocol No. 36) Amendment (Scotland) Regulations 2020

S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2020 No. 386
CRIMINAL LAW
The Criminal Justice and Data Protection (Protocol No. 36)
Amendment (Scotland) Regulations 2020
Made - - - - 18th November 2020
Laid before the Scottish Parliament 20th November 2020
Coming into force - - 19th December 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred on
them b y section 2(2) of the E uropean Communities Act 1972(a) and all other powers enabling
them to do so.
Citation and commencement
1. These Regulations may be cited as the Criminal Justice and Data Protection (Protocol No. 36)
Amendment (Scotland) Regulations 2020 and come into force on 19 December 2020.
Amendment of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
2.—(1) Schedule 1 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations
2014(b) is amended as follows.
(2) In paragraph 1 (Interpretation):
(a) after the definition of “domestic restraint order” insert:
““listed 2018 Regulation offence” means an offence described in Article 3(1) of the
2018 Regulation;”,
(b) for the definition of “specified information” substitute:
““specified information” means—
(a) in relation to a certificate under paragraph 2, any information required to be given
by the form of certificate attached as Annex I to the 2018 Regulation;
(b) in relation to a certificate under paragraph 7, any information required to be given
by the form of certificate attached as Annex II to the 2018 Regulation;”,
(a) 1972 c.68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018
(c.16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted
by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c.1)). Section 2 (2) was amended by the Scotland
Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and
Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act
and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of
the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of
section 53 of the 1998 Act.
(b) S.I. 2014/3141; as amended by S.I. 2014/3191 and SI 2019/742.

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