OpenLegislation

Section 9 Restrictions on service of orderI1I2I3

(1)

An overseas production order that is not served within the period of 3 months beginning with the day on which the order is made is to be treated as if it had been quashed immediately after the end of that period.

(2)

An overseas production order made in England and Wales or Northern Ireland may be served only by the Secretary of State F1or a prescribed person.

(3)

An overseas production order made in Scotland may be served only by the Lord Advocate F2or a prescribed person.

(4)

F3A person may serve an overseas production order only if F4that person considers that to do so would be in accordance with a designated international co-operation arrangement.

F5(5)

In this section “prescribed person”—

(a)

in relation to an overseas production order made in England and Wales or Northern Ireland, means a person prescribed by regulations made by the Secretary of State;

(b)

in relation to an overseas production order made in Scotland, means a person prescribed by regulations made by the Lord Advocate.

Annotations

Textual amendments

F1

Words in s. 9(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(d), Sch. 5 para. 4(2)

F2

Words in s. 9(3) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(d), Sch. 5 para. 4(3)

F3

Words in s. 9(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(d), Sch. 5 para. 4(4)(a)

F4

Words in s. 9(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(d), Sch. 5 para. 4(4)(b)

F5

S. 9(5) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(d), Sch. 5 para. 4(5)

Commencement

I1

S. 9 in force at 9.10.2019 for specified purposes for N.I. by S.I. 2019/1318, reg. 2(3)

I2

S. 9 in force at 9.10.2019 for E.W.S. by S.I. 2019/1318, reg. 2(2)(i)

I3

S. 9 in force at 22.2.2021 by S.I. 2021/146, reg. 4(i)