Statutory Instruments
2004 No. 787
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
The Crime (International Co-operation) Act 2003 (Savings) Order 2004
Made
16th March 2004
Laid before Parliament
24th March 2004
Coming into force
26th April 2004
In exercise of the powers conferred on him by section 93 of the Crime (International Co-operation) Act 2003( 1 ), the Secretary of State, being the appropriate Minister within the meaning of section 93(2) of that Act, hereby makes the following Order:
1. β(1) This Order may be cited as the Crime (International Co-operation) Act 2003 (Savings) Order 2004 and shall come into force on 26th April 2004.
(2) This Order shall not extend to Scotland.
2. β(1) In this Orderβ
βthe 1990 Actβ means the Criminal Justice (International Co-operation) Act 1990( 2 ); and
βthe 2003 Actβ means the Crime (International Co-operation) Act 2003.
(2) A reference in this Order to the coming into force of a provision of the 2003 Act is a reference to that provision being brought into force by the Crime (International Co-operation) Act 2003 (Commencement No. 1) Order 2004( 3 ).
3. β(1) The coming into force of the repeals made by Schedule 6 to the 2003 Act which are listed in paragraph (2) and of the paragraphs of Schedule 5 to the 2003 Act which are listed in paragraph (3) shall not affectβ
(a) any process (including a summons) or other document to which section 1 of the 1990 Act applies and which is received by the Secretary of State prior to 26th April 2004;
(b) any summons or order to which section 2 of the 1990 Act applies and which is issued or made prior to 26th April 2004;
(c) any letter of request issued under section 3 of the 1990 Act prior to 26th April 2004;
(d) any nomination made by the Secretary of State under section 4(2) of the 1990 Act prior to 26th April 2004;
(e) any reference to the Director of the Serious Fraud Office under section 4(2A) of the 1990 Act( 4 ) of a request to which section 4(1) of that Act applies or part of such a request made prior to 26th April 2004;
(f) any warrant issued or order made by virtue of section 7 of the 1990 Act prior to 26th April 2004.
(2) The repeals in Schedule 6 to the 2003 Act which are referred to in paragraph (1) are those relating toβ
section 2 of the Criminal Justice Act 1987( 5 );
sections 1 to 4 and 7 of, and Schedules 1 and 4 to, the 1990 Act;
section 164(1) of the Criminal Justice and Public Order Act 1994( 6 ); and
paragraph 49 of Schedule 1 to the Criminal Justice and Police Act 2001( 7 ).
(3) The paragraphs of Schedule 5 to the 2003 Act which are referred to in paragraph (1) areβ
paragraph 12;
paragraphs 14 to 16;
paragraphs 39 and 40; and
paragraphs 42 and 44.
4. The coming into force of the repeal of the provisions of the 1990 Act which are set out in Schedule 6 to the 2003 Act shall not apply in respect of any such provision as applied by Order in Council under section 32(4) of the 1990 Act( 8 ).
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
16th March 2004
S.I. 2004/786 (C. 32) .
Section 4(2A) was inserted by section 164(1) of the Criminal Justice and Public Order Act 1994 (c. 33) .
Section 32(4) has been amended but the amendment is not relevant to the subject matter of this Order.