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Regulation 139 Transitional provisions – assistance provided to the United Kingdom after commencement day

Original text. Later amendments are not shown.

(1)

This regulation applies to a relevant case.

(2)

For the purposes of this regulation, a “relevant case” is one in which—

(a)

the competent authority of the United Kingdom made a request for assistance under Article 3(1) of the Atlas Council Decision (assistance to another member State) before commencement day, and

(b)

the requested member State is willing to provide assistance of the kind referred to in Article 3(2) of the Atlas Council Decision in relation to that request on or after commencement day.

(3)

The following provisions of the Atlas Council Decision continue to have effect in relation to a relevant case (in so far as relevant in the circumstances of the case), subject to the modifications set out in paragraph (4)—

(a)

Article 2 (definitions), in so far as relevant to the provisions referred to in sub-paragraphs (b) to (d);

(b)

Article 3(3);

(c)

Article 4 (civil and criminal liability);

(d)

Article 6 (costs).

(4)

The modifications are—

(a)

paragraph 3 of Article 3 is to be read as if—

(i)

in the words before sub-paragraph (a), for the words “the requesting Member State” (in each place) there were substituted “the United Kingdom”;

(ii)

in sub-paragraph (a)—

(aa)

for the words “the requesting Member State”, in the first place it occurs, there were substituted “the competent authority of the United Kingdom”;

(bb)

for the words “the requesting Member State”, in the second place it occurs, there were substituted “the United Kingdom”;

(b)

Article 4 is to be read as if—

(i)

for the words “another Member State” there were substituted “the United Kingdom”;

(ii)

the words “under this Decision” were omitted;

(c)

Article 6 is to be read as if for the words “The requesting Member State” there were substituted “The United Kingdom”.

(5)

The provisions referred to in paragraph (3) are to be construed (so far as necessary) as if the United Kingdom continued to be a member State.