OpenLegislation

The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 in Scotland

S.I. 2014/3141 · Made 2 December 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Criminal Law

Data Protection

Made 2nd December 2014

Coming into force in accordance with regulation 1

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to criminal justice M2 and data protection M3, in exercise of the powers conferred by that section, makes the following Regulations.

A draft of the Regulations has been laid before and approved by resolution of each House of Parliament in accordance with section 2(2) of, and paragraph 2(2) of Schedule 2 to, that Act.

Annotations to the whole text

Marginal citations

M1

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

M2

S.I. 2012/2752.

M3

S.I. 1998/2793.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. Part 2: Proceeds of Crime (Foreign Property and Foreign Orders) Repealed
  4. Chapter 1: General Repealed
  5. 2Extent Repealed
  6. 3Interpretation Repealed
  7. 4Consequential amendments Repealed
  8. 6Domestic restraint orders: certification Repealed
  9. 7Sending domestic restraint orders and certificates overseas Repealed
  10. 9Giving effect to overseas restraint orders Repealed
  11. 10Registration and enforcement of overseas restraint orders Repealed
  12. 11Domestic confiscation orders: certification Repealed
  13. 12Sending domestic confiscation orders and certificates overseas Repealed
  14. 13Sending overseas confiscation orders to the court Repealed
  15. 14Giving effect to overseas confiscation orders Repealed
  16. 15Registration and enforcement of overseas confiscation orders Repealed
  17. Chapter 3: Scotland Repealed
  18. 16Provision in relation to the proceeds of crime as respects Scotland Repealed
  19. 17Provision in relation to the proceeds of crime in relation to Northern Ireland Repealed
  20. Chapter 5: Notification, communication etc., and application to saved orders Repealed
  21. 18Notification, communication etc. Repealed
  22. 19Saved restraint orders Repealed
  23. 20Saved confiscation orders Repealed
  24. Scotland Repealed
  25. 21Saved restraint orders Repealed
  26. 22Saved confiscation orders Repealed
  27. 23Saved restraint orders Repealed
  28. 24Saved confiscation orders Repealed
  29. Part 3: Mutual Recognition of Financial Penalties
  30. 25Extent
  31. 26Mutual recognition of financial penalties
  32. Part 4: Data Protection in relation to Police and Judicial Cooperation in Criminal Matters Repealed
  33. Chapter 1: General Repealed
  34. 27Interpretation Repealed
  35. 28Scope Repealed
  36. Chapter 2: Duties of competent authorities and rights of data subjects Repealed
  37. 29Duties of competent authorities Repealed
  38. 30Principles of lawfulness, proportionality and purpose Repealed
  39. 31Rectification, erasure and blocking Repealed
  40. 32Establishment of time limits for erasure and review Repealed
  41. 33Processing of sensitive personal data Repealed
  42. 34Automated individual decisions Repealed
  43. 35Verification of quality of data that are transmitted or made available Repealed
  44. 36Time limits Repealed
  45. 37Logging and documentation Repealed
  46. 38Processing of personal data received from or made available by an authority in another Member State Repealed
  47. 39Compliance with national processing restrictions Repealed
  48. 40Transfer to competent authorities in third countries or to international bodies Repealed
  49. 41Transmission to private parties Repealed
  50. 42Information on request of the competent authority Repealed
  51. 43Information for the data subject Repealed
  52. 44Right of access Repealed
  53. 45Right to compensation Repealed
  54. 46Confidentiality of processing Repealed
  55. 47Security of processing Repealed
  56. 48Prior consultation Repealed
  57. Chapter 3: Miscellaneous Repealed
  58. 49Unlawful obtaining etc. of personal data within the scope of this Part Repealed
  59. 50Application of the Data Protection Act 1998 Repealed
  60. 51Other functions of the Commissioner Repealed
  61. 52Consequential provisions Repealed
  62. Part 5: Exchange of Information and Intelligence between Law Enforcement Authorities Repealed
  63. 53Interpretation Repealed
  64. 54Duty to provide information or intelligence Repealed
  65. 55Time limits Repealed
  66. 56Requests for information or intelligence Repealed
  67. 57Spontaneous exchange of information or intelligence Repealed
  68. 58Requirements for the sharing of information or intelligence Repealed
  69. 59Reasons to withhold information or intelligence Repealed
  70. 60Circulars Repealed
  71. 61Joint investigation teams Repealed
  72. Part 6: Exchange of Information Relating to Criminal Convictions Repealed
  73. 62Interpretation Repealed
  74. 63Designation as a “central authority” Repealed
  75. 64Obligations upon conviction of a national of a member State Repealed
  76. 65Obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision Repealed
  77. 66Requests for information under Article 6 of the Framework Decision for the purposes of criminal proceedings, other purposes and by a person Repealed
  78. 67Replies to a request for information under Article 6 of the Framework Decision in relation to criminal proceedings and proceedings other than criminal proceedings Repealed
  79. 68Replies to a request for information under Article 6 of the Framework Decision by a third country Repealed
  80. 69Replies to a request for information under Article 6 of the Framework Decision to a central authority of a member State other than the member State of the person's nationality Repealed
  81. 70Form of reply to a request for information under Article 6 of the Framework Decision Repealed
  82. 71Deadlines for replies to a request for information under Article 6 of the Framework Decision Repealed
  83. 72Conditions for the use of personal data Repealed
  84. 73Format and other ways of organising and facilitating exchanges of information on convictions Repealed
  85. 74Further rules relating to the format of transmission of information: legal classification, etc Repealed
  86. Part 7: European Supervision Order Repealed
  87. Chapter 1: Extent Repealed
  88. 75Extent Repealed
  89. 76Interpretation Repealed
  90. Recognition of supervision measures: requests to other member States Repealed
  91. 77Requests to other member States for monitoring supervision measures Repealed
  92. 78Requirements that may be imposed in connection with a request Repealed
  93. 79Recognition of request Repealed
  94. 80Power to withdraw certificate Repealed
  95. 81Duties where measures being monitored by executing State Repealed
  96. 82Request to extend maximum period for which measures may be monitored Repealed
  97. 83Court becoming responsible again for monitoring measures Repealed
  98. 84Consultation and exchange of information Repealed
  99. Recognition of supervision measures: requests from other member States Repealed
  100. 85Requests from other member States for monitoring supervision measures Repealed
  101. 86Procedural requirements relating to decision under regulation 85(4) Repealed
  102. 87Adaptation of supervision measures Repealed
  103. 88Recognition of decision on supervision measures Repealed
  104. 89Duties of court responsible for monitoring supervision measures Repealed
  105. 90Power to stop monitoring where no response to notification of breach Repealed
  106. 92Renewal or modification of supervision measures which are being monitored Repealed
  107. 93Court ceasing to be responsible for monitoring measures Repealed
  108. 94Consultation and exchange of information Repealed
  109. 95Interpretation Repealed
  110. Recognition of supervision measures: requests to other member States Repealed
  111. 96Requests to other member States for monitoring supervision measures Repealed
  112. 97Requirements that may be imposed in connection with a request Repealed
  113. 98Recognition of request Repealed
  114. 99Power to withdraw certificate Repealed
  115. 100Duties where measures being monitored by executing State Repealed
  116. 101Request to extend maximum period for which measures may be monitored Repealed
  117. 102Court becoming responsible again for monitoring measures Repealed
  118. 103Consultation and exchange of information Repealed
  119. Recognition of supervision measures: requests from other member States Repealed
  120. 104Requests from other member States for monitoring supervision measures Repealed
  121. 105Procedural requirements relating to decision under regulation 104(4) Repealed
  122. 106Adaptation of supervision measures Repealed
  123. 107Effect of recognition of decision on supervision measures Repealed
  124. 108Duties of court responsible for monitoring supervision measures Repealed
  125. 109Power to stop monitoring where no response to notification of breach Repealed
  126. 111Renewal or modification of supervision measures which are being monitored Repealed
  127. 112Court ceasing to be responsible for monitoring measures Repealed
  128. 113Consultation and exchange of information Repealed
  129. Part 8: Prisoner Transfer
  130. 114Transfer of prisoners
  131. Signature
  132. Schedule 1: Proceeds of Crime (Foreign Property and Foreign Orders): Scotland Repealed
  133. 1Interpretation Repealed
  134. 2Domestic restraint orders: certification Repealed
  135. 3Sending domestic restraint orders and certificates overseas Repealed
  136. 4Sending overseas restraint orders to the court Repealed
  137. 5Giving effect to overseas restraint orders Repealed
  138. 6Registration and enforcement of overseas restraint orders Repealed
  139. 7Domestic confiscation orders: certification Repealed
  140. 8Sending domestic confiscation orders and certificates overseas Repealed
  141. 9Sending overseas confiscation orders to the court Repealed
  142. 10Giving effect to overseas confiscation orders Repealed
  143. 11Registration and enforcement of overseas confiscation orders Repealed
  144. 2Domestic restraint orders: certification Repealed
  145. 3Sending domestic restraint orders and certificates overseas Repealed
  146. 5Giving effect to overseas restraint orders Repealed
  147. 6Registration and enforcement of overseas restraint orders Repealed
  148. 7Domestic confiscation orders: certification Repealed
  149. 8Sending domestic confiscation orders and certificates overseas Repealed
  150. 9Sending overseas confiscation orders to the court Repealed
  151. 10Giving effect to overseas confiscation orders Repealed
  152. 11Registration and enforcement of overseas confiscation orders Repealed
  153. Schedule 3: Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008
  154. 1Paragraph 1
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Paragraph 4
  158. 5Paragraph 5
  159. 6Paragraph 6
  160. 7Paragraph 7
  161. 8Paragraph 8
  162. 9Paragraph 9
  163. 10Paragraph 10
  164. 11Paragraph 11
  165. 12Paragraph 12
  166. 13Paragraph 13
  167. 14Paragraph 14
  168. 15Paragraph 15
  169. 16Paragraph 16
  170. Schedule 4: UK competent authorities
  171. 1Part 1
  172. Paragraph
  173. Paragraph
  174. Paragraph
  175. Paragraph
  176. Paragraph Repealed
  177. Paragraph
  178. Paragraph
  179. Paragraph
  180. Paragraph
  181. Paragraph
  182. Paragraph Repealed
  183. Paragraph
  184. Paragraph
  185. Paragraph Repealed
  186. Paragraph
  187. Paragraph
  188. Paragraph Repealed
  189. Paragraph
  190. Paragraph Repealed
  191. Paragraph
  192. Paragraph
  193. Paragraph
  194. Paragraph
  195. Paragraph
  196. Paragraph
  197. Paragraph
  198. Paragraph
  199. Paragraph
  200. Paragraph Repealed
  201. Paragraph
  202. Paragraph
  203. Paragraph
  204. Paragraph
  205. Paragraph
  206. Part 2
  207. Paragraph
  208. Schedule 5Functions of the Commissioner under the Act: modifications
  209. Part 1: Grounds for refusal Repealed
  210. 1Paragraph 1 Repealed
  211. 2Paragraph 2 Repealed
  212. 3Paragraph 3 Repealed
  213. 4Paragraph 4 Repealed
  214. 5Paragraph 5 Repealed
  215. 6Paragraph 6 Repealed
  216. 7Paragraph 7 Repealed
  217. 8Paragraph 8 Repealed
  218. 9Paragraph 9 Repealed
  219. Part 2: European Framework List (supervision measures) Repealed
  220. 10Paragraph 10 Repealed
  221. 11Paragraph 11 Repealed
  222. 12Paragraph 12 Repealed
  223. 13Paragraph 13 Repealed
  224. 14Paragraph 14 Repealed
  225. 15Paragraph 15 Repealed
  226. 16Paragraph 16 Repealed
  227. 17Paragraph 17 Repealed
  228. 18Paragraph 18 Repealed
  229. 19Paragraph 19 Repealed
  230. 20Paragraph 20 Repealed
  231. 21Paragraph 21 Repealed
  232. 22Paragraph 22 Repealed
  233. 23Paragraph 23 Repealed
  234. 24Paragraph 24 Repealed
  235. 25Paragraph 25 Repealed
  236. 26Paragraph 26 Repealed
  237. 27Paragraph 27 Repealed
  238. 28Paragraph 28 Repealed
  239. 29Paragraph 29 Repealed
  240. 30Paragraph 30 Repealed
  241. 31Paragraph 31 Repealed
  242. 32Paragraph 32 Repealed
  243. 33Paragraph 33 Repealed
  244. 34Paragraph 34 Repealed
  245. 35Paragraph 35 Repealed
  246. 36Paragraph 36 Repealed
  247. 37Paragraph 37 Repealed
  248. 38Paragraph 38 Repealed
  249. 39Paragraph 39 Repealed
  250. 40Paragraph 40 Repealed
  251. 41Paragraph 41 Repealed
  252. Part 3: Interpretation Repealed
  253. 42Paragraph 42 Repealed
  254. Explanatory note