# The Criminal Justice and Data Protection (Protocol No. 36) Amendment (Scotland) Regulations 2020

S.S.I. 2020/386 · made 18 November 2020

These Regulations amend the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (“the 2014 Regulations”) and provide for the implementation of Regulation (EU) 2018/1805 of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders (“Regulation (EU) 2018/1805”).

Made under: European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/criminal-justice-and-data-protection-protocol-no-36-amendment-scotland-regulations-2020/pdf/ssi_20200386_en.pdf; Policy Note https://openlegislation.uk/criminal-justice-and-data-protection-protocol-no-36-amendment-scotland-regulations-2020/pdf/ssipn_20200386_en.pdf

## Introductory text

Criminal Law
Made 18th November 2020
Laid before the Scottish Parliament 20th November 2020
Coming into force 19th December 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

## 1 Citation and commencement

These Regulations may be cited as the Criminal Justice and Data Protection (Protocol No. 36) Amendment (Scotland) Regulations 2020 and come into force on 19 December 2020.

## 2 Amendment of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

(1) Schedule 1 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 is amended as follows.
(2) In paragraph 1 (Interpretation):
(a) after the definition of “domestic restraint order” insert:
““listed 2018 Regulation offence” means an offence described in Article 3(1) of the 2018 Regulation;”,
(b) for the definition of “specified information” substitute:
““specified information” means—
(a) in relation to a certificate under paragraph 2, any information required to be given by the form of certificate attached as Annex I to the 2018 Regulation;
(b) in relation to a certificate under paragraph 7, any information required to be given by the form of certificate attached as Annex II to the 2018 Regulation;”,
(c) after the substituted definition of “specified information” insert:
““the 2018 Regulation” means Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders;”.
(3) In paragraph 2(3) (Domestic restraint orders: certification) for “the 2003 Framework decision” substitute “Chapter II of the 2018 Regulation”.
(4) In paragraph 4(9) (Sending overseas restraint orders to the court), for “a listed 2003 Framework Decision offence” substitute “a listed 2018 Regulation offence”.
(5) In paragraph 7(3) (Domestic confiscation orders: certification) for “the 2006 Framework Decision” substitute “Chapter III of the 2018 Regulation”.
(6) In paragraph 9(9) (Sending overseas confiscation orders to the court), for “a listed 2006 Framework Decision offence” substitute “a listed 2018 Regulation offence”.

## Signature

HUMZA YOUSAF
A member of the Scottish Government
St Andrew’s House,
Edinburgh
18th November 2020

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (“the 2014 Regulations”) and provide for the implementation of Regulation (EU) 2018/1805 of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders (“Regulation (EU) 2018/1805”).
From 19 December 2020 the legal framework for the mutual recognition of freezing orders and confiscation orders between member states will be governed by Regulation (EU) 2018/1805. The 2014 Regulations set out the current legislative framework in Scotland for the mutual recognition of overseas freezing orders and confiscation orders and these Regulations make amendments for the necessary changes to the framework for the implementation of Regulation (EU) 2018/1805.

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Source: https://www.legislation.gov.uk/ssi/2020/386 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-data-protection-protocol-no-36-amendment-scotland-regulations-2020
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.