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The Crime (Overseas Production Orders) Act 2019 (Commencement No.2) (Northern Ireland) Regulations 2021

S.I. 2021/146 · Made 11 February 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law, Northern Ireland

Made 11th February 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 20(1) and (2) of the Crime (Overseas Production Orders) Act 2019f1.

Annotations to the whole text

Footnotes

f1

2019 c. 5.

Contents

  1. 1Citation, extent and interpretation
  2. 2Citation, extent and interpretation
  3. 3Citation, extent and interpretation
  4. 4Commencement
  5. Signature
  6. Explanatory note

1Citation, extent and interpretation

These Regulations may be cited as the Crime (Overseas Production Orders) Act 2019 (Commencement No.2) (Northern Ireland) Regulations 2021.

2Citation, extent and interpretation

These Regulations extend to England and Wales, Scotland and Northern Ireland.

3Citation, extent and interpretation

In these Regulations the “2019 Act” means the Crime (Overseas Production Orders) Act 2019.

4Commencement

The following provisions of the 2019 Act are brought into force in Northern Ireland for all remaining purposes on 22nd February 2021 –

(a)

section 1(1) to (4) and (7) (making of overseas production order on application);

(b)

section 2 (appropriate officers);

(c)

section 3 (meaning of “electronic data” and “excepted electronic data”);

(d)

section 4 (requirements for making of order);

(e)

section 5 (contents of order);

(f)

section 6 (effect of order);

(g)

section 7 (variation or revocation of order);

(h)

section 8 (inclusion of non-disclosure requirement in order);

(i)

section 9 (restrictions on service of order);

(j)

section 10 (retention of electronic data and use as evidence);

(k)

section 11 (procedural matters);

(l)

section 12 (notice of application for order: journalistic data);

(m)

section 13 (effect of notice of application);

(n)

section 14 (means of service).

Signature

Williams of Trafford

Minister of State

Home Office

11th February 2021

Explanatory note

(This note is not part of the Regulations)

These Regulations are the second commencement regulations made under the Crime (Overseas Production Orders) Act 2019 (c. 5) (“the 2019 Act”).

Section 1(5) and (6) as well as sections 15 and 16 of the 2019 Act came into force in Northern Ireland on 9th October 2019 by virtue of the Crime (Overseas Production Orders) Act 2019 (Commencement No.1) Regulations 2019 (“the 2019 Regulations”). The 2019 Regulations also brought the sections listed under regulation 4 of these Regulations into force in relation to England and Wales and Scotland. In relation to Northern Ireland, these sections were brought into force by the 2019 Regulations only for the purposes of excepted matters, specifically: to the extent that they applied, by virtue of section 15(2) of the 2019 Act, in relation to an application under section 15(1) of that Act and an overseas production order made under that section; and for the purpose of making rules of court under section 11(1) of the 2019 Act which makes provision as to the practice and procedure to be followed in connection with proceedings relating to an overseas production order made under section 15(1) of the 2019 Act. These Regulations bring the sections listed in regulation 4 into force for all remaining purposes in relation to Northern Ireland.

Upon commencement of these Regulations the 2019 Act shall be fully in force across the whole of the United Kingdom.