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

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 Part 2: Proceeds of Crime (Foreign Property and Foreign Orders) Repealed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 Chapter 1: General Repealed
  5. 2Extent Repealed
  6. 3Interpretation Repealed
  7. 4Consequential amendments Repealed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. Chapter 2: England and Wales Repealed
  9. 5Interpretation Repealed
  10. 6Domestic restraint orders: certification Repealed
  11. 7Sending domestic restraint orders and certificates overseas Repealed
  12. 8Sending overseas restraint orders to the court Repealed
  13. 9Giving effect to overseas restraint orders Repealed
  14. 10Registration and enforcement of overseas restraint orders Repealed
  15. 11Domestic confiscation orders: certification Repealed
  16. 12Sending domestic confiscation orders and certificates overseas Repealed
  17. 13Sending overseas confiscation orders to the court Repealed
  18. 14Giving effect to overseas confiscation orders Repealed
  19. 15Registration and enforcement of overseas confiscation orders Repealed
  20. Chapter 3: Scotland Repealed
  21. 16Provision in relation to the proceeds of crime as respects Scotland Repealed
  22. Chapter 4: Northern Ireland Repealed
  23. 17Provision in relation to the proceeds of crime in relation to Northern Ireland Repealed
  24. Chapter 5: Notification, communication etc., and application to saved orders Repealed
  25. 18Notification, communication etc. Repealed
  26. England and Wales Repealed
  27. 19Saved restraint orders Repealed
  28. 20Saved confiscation orders Repealed
  29. Scotland Repealed
  30. 21Saved restraint orders Repealed
  31. 22Saved confiscation orders Repealed
  32. Northern Ireland Repealed
  33. 23Saved restraint orders Repealed
  34. 24Saved confiscation orders Repealed
  35. Part 3: Mutual Recognition of Financial Penalties
  36. 25Extent
  37. 26Mutual recognition of financial penalties
  38. Part 4: Data Protection in relation to Police and Judicial Cooperation in Criminal Matters Repealed
  39. Chapter 1: General Repealed
  40. 27Interpretation Repealed
  41. 28Scope Repealed
  42. Chapter 2: Duties of competent authorities and rights of data subjects Repealed
  43. 29Duties of competent authorities Repealed
  44. 30Principles of lawfulness, proportionality and purpose Repealed
  45. 31Rectification, erasure and blocking Repealed
  46. 32Establishment of time limits for erasure and review Repealed
  47. 33Processing of sensitive personal data Repealed
  48. 34Automated individual decisions Repealed
  49. 35Verification of quality of data that are transmitted or made available Repealed
  50. 36Time limits Repealed
  51. 37Logging and documentation Repealed
  52. 38Processing of personal data received from or made available by an authority in another Member State Repealed
  53. 39Compliance with national processing restrictions Repealed
  54. 40Transfer to competent authorities in third countries or to international bodies Repealed
  55. 41Transmission to private parties Repealed
  56. 42Information on request of the competent authority Repealed
  57. 43Information for the data subject Repealed
  58. 44Right of access Repealed
  59. 45Right to compensation Repealed
  60. 46Confidentiality of processing Repealed
  61. 47Security of processing Repealed
  62. 48Prior consultation Repealed
  63. Chapter 3: Miscellaneous Repealed
  64. 49Unlawful obtaining etc. of personal data within the scope of this Part Repealed
  65. 50Application of the Data Protection Act 1998 Repealed
  66. 51Other functions of the Commissioner Repealed
  67. 52Consequential provisions Repealed
  68. Part 5: Exchange of Information and Intelligence between Law Enforcement Authorities Repealed
  69. 53Interpretation Repealed
  70. 54Duty to provide information or intelligence Repealed
  71. 55Time limits Repealed
  72. 56Requests for information or intelligence Repealed
  73. 57Spontaneous exchange of information or intelligence Repealed
  74. 58Requirements for the sharing of information or intelligence Repealed
  75. 59Reasons to withhold information or intelligence Repealed
  76. 60Circulars Repealed
  77. 61Joint investigation teams Repealed
  78. Part 6: Exchange of Information Relating to Criminal Convictions Repealed
  79. 62Interpretation Repealed
  80. 63Designation as a “central authority” Repealed
  81. 64Obligations upon conviction of a national of a member State Repealed
  82. 65Obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision Repealed
  83. 66Requests for information under Article 6 of the Framework Decision for the purposes of criminal proceedings, other purposes and by a person Repealed
  84. 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
  85. 68Replies to a request for information under Article 6 of the Framework Decision by a third country Repealed
  86. 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
  87. 70Form of reply to a request for information under Article 6 of the Framework Decision Repealed
  88. 71Deadlines for replies to a request for information under Article 6 of the Framework Decision Repealed
  89. 72Conditions for the use of personal data Repealed
  90. 73Format and other ways of organising and facilitating exchanges of information on convictions Repealed
  91. 74Further rules relating to the format of transmission of information: legal classification, etc Repealed
  92. Part 7: European Supervision Order Repealed
  93. Chapter 1: Extent Repealed
  94. 75Extent Repealed
  95. Chapter 2: European supervision orders: England and Wales Repealed
  96. 76Interpretation Repealed
  97. Recognition of supervision measures: requests to other member States Repealed
  98. 77Requests to other member States for monitoring supervision measures Repealed
  99. 78Requirements that may be imposed in connection with a request Repealed
  100. 79Recognition of request Repealed
  101. 80Power to withdraw certificate Repealed
  102. 81Duties where measures being monitored by executing State Repealed
  103. 82Request to extend maximum period for which measures may be monitored Repealed
  104. 83Court becoming responsible again for monitoring measures Repealed
  105. 84Consultation and exchange of information Repealed
  106. Recognition of supervision measures: requests from other member States Repealed
  107. 85Requests from other member States for monitoring supervision measures Repealed
  108. 86Procedural requirements relating to decision under regulation 85(4) Repealed
  109. 87Adaptation of supervision measures Repealed
  110. 88Recognition of decision on supervision measures Repealed
  111. 89Duties of court responsible for monitoring supervision measures Repealed
  112. 90Power to stop monitoring where no response to notification of breach Repealed
  113. 91Power of arrest where magistrates' court responsible for monitoring supervision measures Repealed
  114. 92Renewal or modification of supervision measures which are being monitored Repealed
  115. 93Court ceasing to be responsible for monitoring measures Repealed
  116. 94Consultation and exchange of information Repealed
  117. Chapter 3: European supervision orders: Northern Ireland Repealed
  118. 95Interpretation Repealed
  119. Recognition of supervision measures: requests to other member States Repealed
  120. 96Requests to other member States for monitoring supervision measures Repealed
  121. 97Requirements that may be imposed in connection with a request Repealed
  122. 98Recognition of request Repealed
  123. 99Power to withdraw certificate Repealed
  124. 100Duties where measures being monitored by executing State Repealed
  125. 101Request to extend maximum period for which measures may be monitored Repealed
  126. 102Court becoming responsible again for monitoring measures Repealed
  127. 103Consultation and exchange of information Repealed
  128. Recognition of supervision measures: requests from other member States Repealed
  129. 104Requests from other member States for monitoring supervision measures Repealed
  130. 105Procedural requirements relating to decision under regulation 104(4) Repealed
  131. 106Adaptation of supervision measures Repealed
  132. 107Effect of recognition of decision on supervision measures Repealed
  133. 108Duties of court responsible for monitoring supervision measures Repealed
  134. 109Power to stop monitoring where no response to notification of breach Repealed
  135. 110Power of arrest where magistrates' court responsible for monitoring supervision measures Repealed
  136. 111Renewal or modification of supervision measures which are being monitored Repealed
  137. 112Court ceasing to be responsible for monitoring measures Repealed
  138. 113Consultation and exchange of information Repealed
  139. Part 8: Prisoner Transfer
  140. 114Transfer of prisoners
  141. Signature
  142. Schedule 1: Proceeds of Crime (Foreign Property and Foreign Orders): Scotland Repealed
  143. 1Interpretation Repealed
  144. 2Domestic restraint orders: certification Repealed
  145. 3Sending domestic restraint orders and certificates overseas Repealed
  146. 4Sending overseas restraint orders to the court Repealed
  147. 5Giving effect to overseas restraint orders Repealed
  148. 6Registration and enforcement of overseas restraint orders Repealed
  149. 7Domestic confiscation orders: certification Repealed
  150. 8Sending domestic confiscation orders and certificates overseas Repealed
  151. 9Sending overseas confiscation orders to the court Repealed
  152. 10Giving effect to overseas confiscation orders Repealed
  153. 11Registration and enforcement of overseas confiscation orders Repealed
  154. Schedule 2: Proceeds of Crime (Foreign Property and Foreign Orders): Northern Ireland Repealed
  155. 1Interpretation Repealed
  156. 2Domestic restraint orders: certification Repealed
  157. 3Sending domestic restraint orders and certificates overseas Repealed
  158. 4Sending overseas restraint orders to the court Repealed
  159. 5Giving effect to overseas restraint orders Repealed
  160. 6Registration and enforcement of overseas restraint orders Repealed
  161. 7Domestic confiscation orders: certification Repealed
  162. 8Sending domestic confiscation orders and certificates overseas Repealed
  163. 9Sending overseas confiscation orders to the court Repealed
  164. 10Giving effect to overseas confiscation orders Repealed
  165. 11Registration and enforcement of overseas confiscation orders Repealed
  166. Schedule 3: Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008
  167. 1Paragraph 1
  168. 2Paragraph 2
  169. 3Paragraph 3
  170. 4Paragraph 4
  171. 5Paragraph 5
  172. 6Paragraph 6
  173. 7Paragraph 7
  174. 8Paragraph 8
  175. 9Paragraph 9
  176. 10Paragraph 10
  177. 11Paragraph 11
  178. 12Paragraph 12
  179. 13Paragraph 13
  180. 14Paragraph 14
  181. 15Paragraph 15
  182. 16Paragraph 16
  183. Schedule 4: UK competent authorities
  184. 1Part 1
  185. Paragraph
  186. Paragraph
  187. Paragraph
  188. Paragraph
  189. Paragraph Repealed
  190. Paragraph
  191. Paragraph
  192. Paragraph
  193. Paragraph
  194. Paragraph
  195. Paragraph Repealed
  196. Paragraph
  197. Paragraph
  198. Paragraph Repealed
  199. Paragraph
  200. Paragraph
  201. Paragraph Repealed
  202. Paragraph
  203. Paragraph Repealed
  204. Paragraph
  205. Paragraph
  206. Paragraph
  207. Paragraph
  208. Paragraph
  209. Paragraph
  210. Paragraph
  211. Paragraph
  212. Paragraph
  213. Paragraph Repealed
  214. Paragraph
  215. Paragraph
  216. Paragraph
  217. Paragraph
  218. Paragraph
  219. Part 2
  220. Paragraph
  221. Schedule 5Functions of the Commissioner under the Act: modifications
  222. Schedule 6: Grounds for refusal to monitor supervision measures Repealed
  223. Part 1: Grounds for refusal Repealed
  224. 1Paragraph 1 Repealed
  225. 2Paragraph 2 Repealed
  226. 3Paragraph 3 Repealed
  227. 4Paragraph 4 Repealed
  228. 5Paragraph 5 Repealed
  229. 6Paragraph 6 Repealed
  230. 7Paragraph 7 Repealed
  231. 8Paragraph 8 Repealed
  232. 9Paragraph 9 Repealed
  233. Part 2: European Framework List (supervision measures) Repealed
  234. 10Paragraph 10 Repealed
  235. 11Paragraph 11 Repealed
  236. 12Paragraph 12 Repealed
  237. 13Paragraph 13 Repealed
  238. 14Paragraph 14 Repealed
  239. 15Paragraph 15 Repealed
  240. 16Paragraph 16 Repealed
  241. 17Paragraph 17 Repealed
  242. 18Paragraph 18 Repealed
  243. 19Paragraph 19 Repealed
  244. 20Paragraph 20 Repealed
  245. 21Paragraph 21 Repealed
  246. 22Paragraph 22 Repealed
  247. 23Paragraph 23 Repealed
  248. 24Paragraph 24 Repealed
  249. 25Paragraph 25 Repealed
  250. 26Paragraph 26 Repealed
  251. 27Paragraph 27 Repealed
  252. 28Paragraph 28 Repealed
  253. 29Paragraph 29 Repealed
  254. 30Paragraph 30 Repealed
  255. 31Paragraph 31 Repealed
  256. 32Paragraph 32 Repealed
  257. 33Paragraph 33 Repealed
  258. 34Paragraph 34 Repealed
  259. 35Paragraph 35 Repealed
  260. 36Paragraph 36 Repealed
  261. 37Paragraph 37 Repealed
  262. 38Paragraph 38 Repealed
  263. 39Paragraph 39 Repealed
  264. 40Paragraph 40 Repealed
  265. 41Paragraph 41 Repealed
  266. Part 3: Interpretation Repealed
  267. 42Paragraph 42 Repealed
  268. Explanatory note