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

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 by section 2(2) of the European Communities Act 19721and all other powers enabling them to do so.

S-1 Citation and commencement

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.

S-2 Amendment of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

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 20142is amended as follows.

(2) In paragraph 1 (Interpretation):

(a)

(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)

(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;”,

(c)

(c) after the substituted definition of “specified information” insert:

““the 2018 Regulation” means Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders;”.

(3) In paragraph 2(3) (Domestic restraint orders: certification) for “the 2003 Framework decision” substitute “Chapter II of the 2018 Regulation”.

(4) In paragraph 4(9) (Sending overseas restraint orders to the court), for “a listed 2003 Framework Decision offence” substitute “a listed 2018 Regulation offence”.

(5) In paragraph 7(3) (Domestic confiscation orders: certification) for “the 2006 Framework Decision” substitute “Chapter III of the 2018 Regulation”.

(6) In paragraph 9(9) (Sending overseas confiscation orders to the court), for “a listed 2006 Framework...

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