Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, SCHEDULE 5 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
SCHEDULES
SCHEDULE 5Overseas production orders
I71
The Crime (Overseas Production Orders) Act 2019 is amended as follows.
I32
1
Section 3 (meaning of “electronic data” and “excepted electronic data”) is amended as follows.
2
In subsection (4), at the end insert “, other than communications data to which subsection (4A) applies”
.
3
After subsection (4) insert—
4A
This subsection applies to communications data which is comprised in, included as part of, attached to or logically associated with electronic data which, apart from this subsection, may be specified or described in the application for the overseas production order.
I63
In section 5(3) (content of order: requirements fulfilled by reference to part only of data sought) for “4(5) or (7)” substitute “4(5), (6) or (7)”
.
I44
1
Section 9 (restrictions on service of order) is amended as follows.
2
In subsection (2), after “the Secretary of State” insert “or a prescribed person”
.
3
In subsection (3), after “the Lord Advocate” insert “or a prescribed person”
.
4
In subsection (4)—
a
for “The Secretary of State or, as the case may be, the Lord Advocate” substitute “A person”
, and
b
for “the Secretary of State or the Lord Advocate” substitute “that person”
.
5
After subsection (4) insert—
5
In this section “prescribed person”—
a
in relation to an overseas production order made in England and Wales or Northern Ireland, means a person prescribed by regulations made by the Secretary of State;
b
in relation to an overseas production order made in Scotland, means a person prescribed by regulations made by the Lord Advocate.
I25
1
Section 14 (means of service) is amended as follows.
2
In subsection (3)(d)—
a
in sub-paragraph (i), after “the Secretary of State” insert “or a prescribed person”
, and
b
in sub-paragraph (ii), after “the Lord Advocate” insert “or a prescribed person”
.
3
After subsection (5) insert—
6
In this section “prescribed person”—
a
in relation to an order, notice or other document made or issued in England and Wales or Northern Ireland, means a person prescribed by regulations made by the Secretary of State;
b
in relation to an order, notice or other document made or issued in Scotland, means a person prescribed by regulations made by the Lord Advocate.
I16
In section 15(3) (modifications of section 9 in the case of an order made on application by the service police)—
a
in paragraph (g)—
i
omit the “and” at the end of sub-paragraph (i), and
ii
at the end of sub-paragraph (ii) insert
, and
iii
subsection (5) defined “prescribed person” as a person prescribed by regulations made by the Secretary of State;
b
for paragraph (h) substitute—
h
section 14 is to be read as if—
i
the reference in subsection (1)(c) to a court in England and Wales, Scotland or Northern Ireland included the Court Martial,
ii
subsection (3)(d) referred only to arrangements made by the Secretary of State or a prescribed person, and
iii
subsection (6) defined “prescribed person” as a person prescribed by regulations made by the Secretary of State.
I57
1
Section 17 (regulations) is amended as follows.
2
In subsection (2), for “or 4(1)(b)” substitute “, 4(1)(b), 9(5) or 14(6)”
.
3
After subsection (5) insert—
6
Regulations made by the Lord Advocate under section 9(5) or 14(6) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).