Table of Contents
Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 [SI 2019 No. 742]Introductory TextPart 1 Introductory (regs. 1-3)Regulation 1 Citation and commencementRegulation 2 ExtentRegulation 3 General interpretationPart 2 Child Pornography (reg. 4)Regulation 4 Amendment of Council Decision 2000/375/JHAPart 3 Counter-Terrorism (regs. 5-7)Regulation 5 Amendment of the Terrorism Act 2000Regulation 6 Transitional provision in relation to amendment of Schedule 4 to the Terrorism Act 2000Regulation 7 Amendment of the Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007Part 4 Cross-border Surveillance (regs. 8-10)Regulation 8 Revocation of Council Decisions relating to cross-border surveillanceRegulation 9 Consequential amendment of the Regulation of Investigatory Powers Act 2000Regulation 10 Transitional provision - surveillance which is not completed before commencement dayPart 5 Drug Precursors and Psychoactive Substances (regs. 11-19)Chapter 1 Drug precursors (regs. 11-16)Regulation 11 Amendment of the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008Regulation 12 Amendment of the Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008Regulation 13 Amendment of Regulation (EC) 273/2004 of the European Parliament and CouncilRegulation 14 Amendment of Council Regulation (EC) 111/2005Regulation 15 Amendment of Commission Delegated Regulation (EU) 2015/1011Regulation 16 Amendment of Commission Implementing Regulation (EU) 2015/1013Chapter 2 Psychoactive substances (regs. 17-19)Regulation 17 Amendment of the Psychoactive Substances Act 2016Regulation 18 Revocation of Regulation (EC) No 1920/2006Regulation 19 Revocation of Regulation (EU) 2017/2101Part 6 Eurojust (regs. 20-22)Regulation 20 InterpretationRegulation 21 Revocation of Eurojust RegulationRegulation 22 Saving provisions - information received before commencement dayPart 7 European Agency for Law Enforcement Training (CEPOL) (regs. 23-24)Regulation 23 Revocation of The European Police College (Immunities and Privileges) Order 2004Regulation 24 Revocation of Council Decision 2005/681/JHAPart 8 European Criminal Record Information System (ECRIS) (regs. 25-32)Chapter 1 Amendment of legislation extending to England and Wales, Scotland and Northern Ireland (regs. 25-29)Regulation 25 InterpretationRegulation 26 Revocation of Part 6 of the CJDP RegulationsRegulation 27 Saving provisions - information transmitted to the UK Central Authority before commencement day or under Article 62(1)(h) of the withdrawal agreementRegulation 28 Transitional provisions - requests made before commencement day for information from the UK Central AuthorityRegulation 29 Revocation of Council Decision 2009/316/JHAChapter 2 Amendment of legislation extending to England and Wales and Northern Ireland only (regs. 30-32)Regulation 30 InterpretationRegulation 31 Revocation of the Working with Children (Exchange of Criminal Conviction Information) (England and Wales and Northern Ireland) Regulations 2013Regulation 32 Transitional provision - requests made before commencement dayPart 9 European Judicial Network (reg. 33)Regulation 33 Revocation of Council Decision 2008/976/JHAPart 10 EU-LISA (regs. 34-35)Regulation 34 Revocation of Regulation (EU) 2018/1726Regulation 35 Revocation of Council Decisions 2010/779/EU and (EU) 2018/1600Part 11 Europol (regs. 36-41)Regulation 36 InterpretationRegulation 37 Revocation of the Europol RegulationRegulation 38 Revocation of Europol Council DecisionsRegulation 39 Revocation of Commission Decision (EU) 2017/388Regulation 40 Saving provisions - information provided before commencement dayRegulation 41 Revocation of additional legislationPart 12 Exchange of Information and Intelligence between Law Enforcement Authorities and Disclosure in Foreign Proceedings (regs. 42-48)Chapter 1 Exchange of information and intelligence between law enforcement authorities (regs. 42-47)Regulation 42 IntroductoryRegulation 43 Revocation of Part 5 of the CJDP RegulationsRegulation 44 Transitional provision - requests for information or intelligence received before commencement dayRegulation 45 Saving provision - information and intelligence supplied before commencement day or under Article 63(1)(d) of the withdrawal agreement or Article 52(b) of the EEA EFTA separation agreementRegulation 46 Saving provision - representations concerning use of information or intelligenceRegulation 47 Saving provision - information obtained by a UK member of an international joint investigation teamChapter 2 Disclosure in foreign proceedings. (reg. 48)Regulation 48 Amendment of the Anti-terrorism, Crime and Security Act 2001Part 13 Explosive Precursors (regs. 49-51)Regulation 49 Amendment of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014Regulation 50 Amendment of the Control of Poisons and Explosives Precursors Regulations 2015Regulation 51 Amendment of Regulation (EU) No 98/2013Part 14 Extradition (regs. 52-57)Regulation 52 InterpretationRegulation 53 Amendment of the 2003 ActRegulation 54 Amendment of the Anti-social Behaviour, Crime and Policing Act 2014Regulation 55 Amendment of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003Regulation 56 Amendment of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003Regulation 57 Transitional provisionPart 15 Firearms (regs. 58-65)Chapter 1 Amendment of legislation extending to England and Wales, Scotland and Northern Ireland (reg. 58)Regulation 58 Amendment of Commission Implementing Regulation (EU) No 2015/2403Chapter 2 Amendment of legislation extending to England and Wales and Scotland (regs. 59-63)Regulation 59 Amendment of the Firearms Act 1968Regulation 60 Saving provision - exemptions from requirement of authority under section 5 of the Firearms Act 1968Regulation 61 Amendment of the Firearms (Amendment) Act 1988Regulation 62 Amendment to the Firearms Acts (Amendment) Regulations 1992Regulation 63 Amendment to the Firearms (Amendment) Act 1988 (Amendment) Regulations 2011Chapter 3 Amendment of legislation extending to Northern Ireland (regs. 64-65)Regulation 64 Amendment to the Firearms (Northern Ireland) Order 2004Regulation 65 Saving provision - exemptions from requirement of authority under Article 45 of the Firearms (Northern Ireland) Order 2004Part 16 Football Disorder (reg. 66)Regulation 66 Revocation of retained law relating to football disorderPart 17 Joint Investigation Teams (regs. 67-72)Regulation 67 Amendment of the Police Act 1996Regulation 68 Amendment of the Police (Northern Ireland) Act 1998Regulation 69 Amendment of the Police and Fire Reform (Scotland) Act 2012Regulation 70 Amendment of the Crime and Courts Act 2013Regulation 71 Revocation of the International Joint Investigation Teams (International Agreement) Order 2004Regulation 72 Saving provision - investigation teams operating in the UK on or after commencement dayPart 18 Mutual Legal Assistance in Criminal Matters (regs. 73-102)Chapter 1 Interpretation (reg. 73)Regulation 73 InterpretationChapter 2 Revocation of the 2017 Regulations (reg. 74)Regulation 74 Revocation of the 2017 RegulationsChapter 3 Amendment of primary legislation consequential upon amendments made by this Part (regs. 75-82)Regulation 75 Amendment of the Criminal Justice Act 1987Regulation 76 Amendment of the Criminal Justice Act 1988Regulation 77 Amendment of the Criminal Procedure (Scotland) Act 1995Regulation 78 Amendment of the Criminal Law (Consolidation) (Scotland) Act 1995Regulation 79 Amendment of the Criminal Justice and Police Act 2001Regulation 80 Amendment of the Criminal Justice Act 2003Regulation 81 Amendment of the Criminal Justice (Evidence) (Northern Ireland) Order 2004Regulation 82 Amendment of the Investigatory Powers Act 2016Chapter 4 Saving provisions relating to European investigation orders (regs. 83-86)Regulation 83 Outgoing European investigation orders (other than relating to the temporary transfer of a prisoner or EU prisoner)Regulation 84 Incoming European investigation order (other than relating to a request for the temporary transfer of a prisoner)Regulation 85 European investigation order made in the United Kingdom relating to the temporary transfer of a prisoner or EU prisonerRegulation 86 European investigation order made in a participating State relating to the temporary transfer of a prisoner or EU prisonerChapter 5 Amendment of the 2003 Act (reg. 87)Regulation 87 Amendment of the 2003 ActChapter 6 Amendment and revocation of subordinate legislation made under the 2003 Act (regs. 88-95)Regulation 88 Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009Regulation 89 Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2009Regulation 90 Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2009Regulation 91 Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 2) Order 2009Regulation 92 Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) (No. 3) Order 2009Regulation 93 Amendment of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010Regulation 94 Revocation of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2011Regulation 95 Revocation of the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2011Chapter 7 Saving provisions relating to the amendment of the Crime (International Co-operation) Act 2003 and related legislation (regs. 96-98A)Regulation 96 Freezing ordersRegulation 97 Requests for information about financial accounts and transactionsRegulation 98 Certain mutual legal assistance requests from IcelandRegulation 98A Transitional provision - requests received before commencement dayChapter 8 Other retained EU law relating to mutual legal assistance in criminal matters and certain aspects of police cooperation (regs. 99-102)Regulation 99 Provisions of the 1990 Schengen Convention relating to police cooperation and mutual legal assistance in criminal mattersRegulation 100 Third Pillar ConventionsRegulation 101 Consequential amendment of the Investigatory Powers (Consequential Amendments etc.) Regulations 2018Regulation 102 Saving provision: requests for the interception of telecommunications under the 2000 MLA ConventionPart 19 Passenger Name Record Data (regs. 103-106B)Regulation 103 Amendment of the Immigration and Police (Passenger, Crew and Service Information) Order 2008Regulation 104 Amendment of the Passenger Name Record Data and Miscellaneous Amendments Regulations 2018Regulation 105 Revocation of Council Decisions 2012/381/EU and 2012/472/EURegulation 106 Revocation of Commission Implementing Decision 2017/759Regulation 106A Savings provision - requests received before commencement dayRegulation 106B Savings provision - information received by virtue of the PNR DirectivePart 20 Proceeds of Crime (regs. 107-113A)Regulation 107 Amendment of the Proceeds of Crime Act 2002Regulation 108 Amendment of the Serious Organised Crime and Police Act 2005Regulation 109 Amendment of the Criminal Finances Act 2017Regulation 110 Amendment of the CJDP RegulationsRegulation 111 Transitional provisions in relation to amendment of the CJDP RegulationsRegulation 112 Revocation of Council Decision 2000/642/JHA and Council Decision 2007/845/JHARegulation 113 Saving provisionRegulation 113A Revocation of Regulation (EU) 2018/1805Part 21 Prüm - Exchange of Data Relating to DNA, Fingerprints and Vehicle Registration (regs. 114-117B)Regulation 114 InterpretationRegulation 115 Revocation of the Prüm Decision and related Council DecisionsRegulation 116 Revocation of Commission Decision (EU) 2016/809Regulation 117 Revocation of Council Implementing DecisionsRegulation 117A Transitional provision - DNA profiles supplied before commencement dayRegulation 117B Saving provision - information received before commencement dayPart 22 Schengen Information System (SIS II) (regs. 118-121)Regulation 118 IntroductoryRegulation 119 Revocation of retained EU law relating to the Schengen information system (SIS II)Regulation 120 Saving provisions - SIS II data and national filesRegulation 121 Saving provisions - supplementary information and national filesPart 23 Serious Crime and Fraud (regs. 122-123)Regulation 122 Amendment of the Serious Crime Act 2007Regulation 123 Revocation of Council Regulation (EU) No 331/2014Part 24 Miscellaneous (regs. 124-139)Chapter 1 Miscellaneous amendments to police legislation (regs. 124-131)Section 1 Amendment of primary legislation (regs. 124-128)Regulation 124 Amendment of the Local Government (Miscellaneous Provisions) Act 1982Regulation 125 Amendment of the Licensing Act 2003Regulation 126 Amendment of the Anti-social Behaviour, Crime and Policing Act 2014Regulation 127 Amendment of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015Regulation 128 Amendment of the Policing and Crime Act 2017Section 2 Amendment of secondary legislation (regs. 129-131)Regulation 129 Amendment of the Police Pensions (Additional Voluntary Contributions) Regulations 1991Regulation 130 Amendment of the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013Regulation 131 Amendment of the Police Pensions Regulations 2015Chapter 2 Miscellaneous amendments to investigatory powers legislation (regs. 132-133)Regulation 132 Amendment of the Investigatory Powers Act 2016Regulation 133 Amendment of the Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018Chapter 3 International agreements (regs. 134-135)Regulation 134 Revocation of rights etc.Regulation 135 Saving provisionChapter 4 Atlas - cooperation between special intervention units (regs. 136-139)Regulation 136 IntroductoryRegulation 137 Revocation of the Atlas Council DecisionRegulation 138 Transitional provisions - assistance provided to member States after commencement dayRegulation 139 Transitional provisions - assistance provided to the United Kingdom after commencement daySignatureExplanatory NoteExplanatory MemorandumImpact Assessment
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Regulation 77 Amendment of the Criminal Procedure (Scotland) Act 1995
(1) The Criminal Procedure (Scotland) Act 1995 [1995 c. 46.] is amended as follows.
(2) In section 210(1) (consideration of time spent in custody) [Section 210 was amended by section 12 of the Crime and Punishment (Scotland) Act 1997 (c. 48), by paragraph 8(14) of Schedule 4 and Part 1 of Schedule 5 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), by paragraph 65 of Schedule 5 to the Crime (International Co-operation) Act 2003, by section 172 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and by S.I. 2017/730.], in paragraph (c), omit "or regulation 20 or 54 of the Criminal Justice (European Investigation Order) Regulations 2017".
(3) In section 267A (citation of witnesses for precognition) [Section 267A was inserted by section 22 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) and by S.I. 2017/730.], omit subsection (1A).
(4) In section 272 (evidence by letter of request or on commission) [Section 272 was amended by section 35(4) of the Criminal Proceedings etc (Reform) (Scotland) Act 2007 (asp 6) and by S.I. 2017/730.], omit subsection (14).
(5) In section 273 (television link evidence from abroad) [Section 273 was amended by section 91(2) of the Criminal Justice and Licensing (Scotland) Act 2010 asp 13 and by S.I. 2017/730.], omit subsection (5).