The Scotland Act 1998 (Agency Arrangements) (Specification) (Overseas Production Orders) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/144 |
| Year | 2021 |
2021 No. 144
Constitutional Law
Devolution, Scotland
Criminal Law
The Scotland Act 1998 (Agency Arrangements) (Specification) (Overseas Production Orders) Order 2021
Made 10th February 2021
Laid before Parliament 11th February 2021
Coming into force 24th March 2021
At the Court at Windsor Castle, the 10th day of February 2021
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 93(3) of the Scotland Act 19981is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and commencement
1. This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (Overseas Production Orders) Order 2021 and comes into force on 24th March 2021.
Interpretation
2. In this Order—
“overseas production order” means an order made by a judge under section 1(1) of the Crime (Overseas Production Orders) Act 20192,
“service” means service of an overseas production order under section 14 of the Crime (Overseas Production Orders) Act 2019.
Specification of the function
3. The function specified for the purposes of section 93(1) of the Scotland Act 1998 is the service by the Lord Advocate of an overseas production order made in Scotland.
Richard Tilbrook
Clerk of the Privy Council
EXPLANATORY NOTE
(This note is not part of the Order)
This Order specifies a function of the Lord Advocate for the purposes of section 93(1) of the Scotland Act 1998. Section 93(1) allows the Scottish Ministers (which includes the Lord Advocate by virtue of section 93(3)) to make arrangements for any of the specified functions to be exercised on their behalf by a Minister of the Crown.
The function specified in this Order is the serving of an overseas production order made under section 1 of the Crime (Overseas Production Orders) Act 2019 (“the 2019 Act”) by a judge in Scotland. Overseas production orders may only be used when permitted under an international co-operation arrangement between the UK and the country where the subject of the order is located. Currently the only international cooperation agreement that enables the making of overseas production orders has been made by the United Kingdom with the United States of America (“the Agreement”), and that Agreement requires that orders are served by a single designated authority in each party. It is therefore...
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