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Regulation 44 Transitional provision – requests for information or intelligence received before commencement dayI1

United Kingdom

(1)

This regulation applies where—

(a)

a request referred to in regulation 54(1) of the CJDP Regulations (duty to provide information or intelligence) was made to a UK competent authority before commencement day, and

(b)

the information or intelligence was not provided before commencement day.

(2)

The following provisions of the CJDP Regulations continue to have effect in relation to the request, subject to the modification in paragraph (3) F1(and see Article 63(1)(d) and Title VII of Part 3 of the withdrawal agreement, Article 52(b) and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act)—

(a)

regulation 54;

F2(aa)

regulation 55 (time limits);

(b)

regulation 58(2) and (6) (requirements for the sharing of information or intelligence);

(c)

regulation 59 (reasons to withhold information or intelligence).

(3)

The modifications are that—

(a)

paragraph (2) of regulation 58 is to be read as if the words “in accordance with the Framework Decision” were omitted;

(b)

paragraphs (3) and (4) of regulation 59 (reasons to withhold information or intelligence) are to be read as if the words “under the Framework Decision” in each paragraph were omitted.

(4)

The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a member State.

Annotations

Textual amendments

F1

Words in reg. 44(2) 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, 15(a)

F2

Reg. 44(2)(aa) 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, 15(b)

Commencement

I1

Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1