Regulation 28 Transitional provisions – requests made before commencement day for information from the UK Central AuthorityI1
United Kingdom
This regulation applies where—
a request referred to in regulation 67(1) or (2) (replies to a request for information under Article 6 of the Framework Decision in relation to criminal proceedings and proceedings other than criminal proceedings) or regulation 69 (replies 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) of the CJPD Regulations was made to the UK Central Authority before commencement day, and
the requested information was not transmitted before commencement day.
The following provisions of the CJPD Regulations continue to have effect in relation to that request, so far as relevant, subject to the modification set out in paragraph (3)—
regulation 62 (interpretation);
regulation 63 (designation as a “central authority”);
regulation 65 (obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision);
regulation 67;
regulation 69.
regulation 70 (form of reply to a request for information under Article 6 of the Framework Decision);
regulation 71(1), (2) and (4) (deadlines for replies to a request for information under Article 6 of the Framework Decision).
The modification is that the definition of “central authority” in regulation 62 is to be read as if, after “Framework Decision”, there were inserted “ or, for the United Kingdom, the authority designated under regulation 63 ”.
The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a member State.
See Article 62(1)(h) and (j) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act.
Annotations
Textual amendments
- F1
Reg. 28(2)(ba) 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, 13(a)
- F2
Reg. 28(2)(e)(f) 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, 13(b)
- F3
Reg. 28(5) 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, 13(c)
Commencement
- I1
Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1