Regulation 111 Transitional provisions in relation to amendment of the CJDP RegulationsI1

United Kingdom

Regulation 110 does not apply in relation to a case where, before commencement day, any of the following has occurred F1(and see Articles 6 and 62(1)(c) and (e) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act and, in relation to the continued application of Framework Decisions 2003/577/JHA and 2006/783/JHA in respect of certificates received by the United Kingdom before 19 December 2020, see Article 40(2) of 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—

(a)

the Crown Court makes a certificate under regulation 6(2) of the CJDP Regulations (domestic restraint orders: certification);

(b)

a relevant prosecutor receives an overseas restraint order under regulation 8(1) of the CJDP Regulations (sending overseas restraint orders to the court);

(c)

the Crown Court makes a certificate under regulation 11(2) of the CJDP Regulations (domestic confiscation orders: certification);

(d)

a relevant prosecutor receives an overseas confiscation order under regulation 13(1) of the CJDP Regulations (sending overseas confiscation orders to the court);

(e)

the court makes a certificate under paragraph 2(2) of Schedule 1 to the CJDP Regulations (domestic restraint orders: certification);

(f)

the Lord Advocate receives an overseas restraint order under paragraph 4(1) of Schedule 1 to the CJDP Regulations (sending overseas restraint orders to the court);

(g)

the court makes a certificate under paragraph 7(2) of Schedule 1 to the CJDP Regulations (domestic confiscation orders: certification);

(h)

the Lord Advocate receives an overseas confiscation order under paragraph 9(1) of Schedule 1 to the CJDP Regulations (sending overseas confiscation orders to the court);

(i)

the court makes a certificate under paragraph 2(2) of Schedule 2 to the CJDP Regulations (domestic restraint orders: certification);

(j)

the relevant prosecutor receives an overseas restraint order under paragraph 4(1) of Schedule 2 to the CJDP Regulations (sending overseas restraint orders to the court);

(k)

the court makes a certificate under paragraph 7(2) of Schedule 2 to the CJDP Regulations (domestic confiscation orders: certification), or

(l)

the relevant prosecutor receives an overseas confiscation order under paragraph 9(1) of Schedule 2 to the CJDP Regulations (sending overseas confiscation orders to the court).

Annotations

Textual amendments

F1: Words in reg. 111 inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 5

Commencement

I1: Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1