The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
S.I. 2014/3141 · Made 2 December 2014 · Extends to United Kingdom
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
- M3
Contents
- Part 1: General
- 1Citation and commencement
- Part 2: Proceeds of Crime (Foreign Property and Foreign Orders) Repealed
- Chapter 1: General Repealed
- 2Extent Repealed
- 3Interpretation Repealed
- 4Consequential amendments Repealed
- Chapter 2: England and Wales Repealed
- 5Interpretation Repealed
- 6Domestic restraint orders: certification Repealed
- 7Sending domestic restraint orders and certificates overseas Repealed
- 8Sending overseas restraint orders to the court Repealed
- 9Giving effect to overseas restraint orders Repealed
- 10Registration and enforcement of overseas restraint orders Repealed
- 11Domestic confiscation orders: certification Repealed
- 12Sending domestic confiscation orders and certificates overseas Repealed
- 13Sending overseas confiscation orders to the court Repealed
- 14Giving effect to overseas confiscation orders Repealed
- 15Registration and enforcement of overseas confiscation orders Repealed
- Chapter 3: Scotland Repealed
- 16Provision in relation to the proceeds of crime as respects Scotland Repealed
- Chapter 4: Northern Ireland Repealed
- 17Provision in relation to the proceeds of crime in relation to Northern Ireland Repealed
- Chapter 5: Notification, communication etc., and application to saved orders Repealed
- 18Notification, communication etc. Repealed
- England and Wales Repealed
- 19Saved restraint orders Repealed
- 20Saved confiscation orders Repealed
- Scotland Repealed
- 21Saved restraint orders Repealed
- 22Saved confiscation orders Repealed
- Northern Ireland Repealed
- 23Saved restraint orders Repealed
- 24Saved confiscation orders Repealed
- Part 3: Mutual Recognition of Financial Penalties
- 25Extent
- 26Mutual recognition of financial penalties
- Part 4: Data Protection in relation to Police and Judicial Cooperation in Criminal Matters Repealed
- Chapter 1: General Repealed
- 27Interpretation Repealed
- 28Scope Repealed
- Chapter 2: Duties of competent authorities and rights of data subjects Repealed
- 29Duties of competent authorities Repealed
- 30Principles of lawfulness, proportionality and purpose Repealed
- 31Rectification, erasure and blocking Repealed
- 32Establishment of time limits for erasure and review Repealed
- 33Processing of sensitive personal data Repealed
- 34Automated individual decisions Repealed
- 35Verification of quality of data that are transmitted or made available Repealed
- 36Time limits Repealed
- 37Logging and documentation Repealed
- 38Processing of personal data received from or made available by an authority in another Member State Repealed
- 39Compliance with national processing restrictions Repealed
- 40Transfer to competent authorities in third countries or to international bodies Repealed
- 41Transmission to private parties Repealed
- 42Information on request of the competent authority Repealed
- 43Information for the data subject Repealed
- 44Right of access Repealed
- 45Right to compensation Repealed
- 46Confidentiality of processing Repealed
- 47Security of processing Repealed
- 48Prior consultation Repealed
- Chapter 3: Miscellaneous Repealed
- 49Unlawful obtaining etc. of personal data within the scope of this Part Repealed
- 50Application of the Data Protection Act 1998 Repealed
- 51Other functions of the Commissioner Repealed
- 52Consequential provisions Repealed
- Part 5: Exchange of Information and Intelligence between Law Enforcement Authorities Repealed
- 53Interpretation Repealed
- 54Duty to provide information or intelligence Repealed
- 55Time limits Repealed
- 56Requests for information or intelligence Repealed
- 57Spontaneous exchange of information or intelligence Repealed
- 58Requirements for the sharing of information or intelligence Repealed
- 59Reasons to withhold information or intelligence Repealed
- 60Circulars Repealed
- 61Joint investigation teams Repealed
- Part 6: Exchange of Information Relating to Criminal Convictions Repealed
- 62Interpretation Repealed
- 63Designation as a “central authority” Repealed
- 64Obligations upon conviction of a national of a member State Repealed
- 65Obligations upon receipt of information under Article 4(2) and (3) of the Framework Decision Repealed
- 66Requests for information under Article 6 of the Framework Decision for the purposes of criminal proceedings, other purposes and by a person Repealed
- 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
- 68Replies to a request for information under Article 6 of the Framework Decision by a third country Repealed
- 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
- 70Form of reply to a request for information under Article 6 of the Framework Decision Repealed
- 71Deadlines for replies to a request for information under Article 6 of the Framework Decision Repealed
- 72Conditions for the use of personal data Repealed
- 73Format and other ways of organising and facilitating exchanges of information on convictions Repealed
- 74Further rules relating to the format of transmission of information: legal classification, etc Repealed
- Part 7: European Supervision Order Repealed
- Chapter 1: Extent Repealed
- 75Extent Repealed
- Chapter 2: European supervision orders: England and Wales Repealed
- 76Interpretation Repealed
- Recognition of supervision measures: requests to other member States Repealed
- 77Requests to other member States for monitoring supervision measures Repealed
- 78Requirements that may be imposed in connection with a request Repealed
- 79Recognition of request Repealed
- 80Power to withdraw certificate Repealed
- 81Duties where measures being monitored by executing State Repealed
- 82Request to extend maximum period for which measures may be monitored Repealed
- 83Court becoming responsible again for monitoring measures Repealed
- 84Consultation and exchange of information Repealed
- Recognition of supervision measures: requests from other member States Repealed
- 85Requests from other member States for monitoring supervision measures Repealed
- 86Procedural requirements relating to decision under regulation 85(4) Repealed
- 87Adaptation of supervision measures Repealed
- 88Recognition of decision on supervision measures Repealed
- 89Duties of court responsible for monitoring supervision measures Repealed
- 90Power to stop monitoring where no response to notification of breach Repealed
- 91Power of arrest where magistrates' court responsible for monitoring supervision measures Repealed
- 92Renewal or modification of supervision measures which are being monitored Repealed
- 93Court ceasing to be responsible for monitoring measures Repealed
- 94Consultation and exchange of information Repealed
- Chapter 3: European supervision orders: Northern Ireland Repealed
- 95Interpretation Repealed
- Recognition of supervision measures: requests to other member States Repealed
- 96Requests to other member States for monitoring supervision measures Repealed
- 97Requirements that may be imposed in connection with a request Repealed
- 98Recognition of request Repealed
- 99Power to withdraw certificate Repealed
- 100Duties where measures being monitored by executing State Repealed
- 101Request to extend maximum period for which measures may be monitored Repealed
- 102Court becoming responsible again for monitoring measures Repealed
- 103Consultation and exchange of information Repealed
- Recognition of supervision measures: requests from other member States Repealed
- 104Requests from other member States for monitoring supervision measures Repealed
- 105Procedural requirements relating to decision under regulation 104(4) Repealed
- 106Adaptation of supervision measures Repealed
- 107Effect of recognition of decision on supervision measures Repealed
- 108Duties of court responsible for monitoring supervision measures Repealed
- 109Power to stop monitoring where no response to notification of breach Repealed
- 110Power of arrest where magistrates' court responsible for monitoring supervision measures Repealed
- 111Renewal or modification of supervision measures which are being monitored Repealed
- 112Court ceasing to be responsible for monitoring measures Repealed
- 113Consultation and exchange of information Repealed
- Part 8: Prisoner Transfer
- 114Transfer of prisoners
- Signature
- Schedule 1: Proceeds of Crime (Foreign Property and Foreign Orders): Scotland Repealed
- 1Interpretation Repealed
- 2Domestic restraint orders: certification Repealed
- 3Sending domestic restraint orders and certificates overseas Repealed
- 4Sending overseas restraint orders to the court Repealed
- 5Giving effect to overseas restraint orders Repealed
- 6Registration and enforcement of overseas restraint orders Repealed
- 7Domestic confiscation orders: certification Repealed
- 8Sending domestic confiscation orders and certificates overseas Repealed
- 9Sending overseas confiscation orders to the court Repealed
- 10Giving effect to overseas confiscation orders Repealed
- 11Registration and enforcement of overseas confiscation orders Repealed
- Schedule 2: Proceeds of Crime (Foreign Property and Foreign Orders): Northern Ireland Repealed
- 1Interpretation Repealed
- 2Domestic restraint orders: certification Repealed
- 3Sending domestic restraint orders and certificates overseas Repealed
- 4Sending overseas restraint orders to the court Repealed
- 5Giving effect to overseas restraint orders Repealed
- 6Registration and enforcement of overseas restraint orders Repealed
- 7Domestic confiscation orders: certification Repealed
- 8Sending domestic confiscation orders and certificates overseas Repealed
- 9Sending overseas confiscation orders to the court Repealed
- 10Giving effect to overseas confiscation orders Repealed
- 11Registration and enforcement of overseas confiscation orders Repealed
- Schedule 3: Mutual recognition of financial penalties: amendments of Criminal Justice and Immigration Act 2008
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 4: UK competent authorities
- 1Part 1
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph Repealed
- Paragraph
- Paragraph
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- Paragraph
- Paragraph
- Paragraph Repealed
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- Paragraph Repealed
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- Paragraph Repealed
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- Paragraph Repealed
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- Part 2
- Paragraph
- Schedule 5Functions of the Commissioner under the Act: modifications
- Schedule 6: Grounds for refusal to monitor supervision measures Repealed
- Part 1: Grounds for refusal Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Part 2: European Framework List (supervision measures) Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- Part 3: Interpretation Repealed
- 42Paragraph 42 Repealed
- Explanatory note