Explanatory Notes

Crime (International Co-operation) Act 2003

2003 CHAPTER 32

30 October 2003

Commentary on Sections

Part 1: Mutual Assistance in Criminal Matters

Chapter 6: Supplementary
Section 49: Rules of court

108.This section provides that rules of court may be made governing court practice and procedure to be followed in connection with proceedings under Part 1. These are additional to the rules set out in Schedule 1 which govern the proceedings of a court nominated to receive evidence under section 15, and Schedule 2 which govern hearings through television links and by telephone under sections 30 and 31.

Section 50: Subordinate legislation

109.This section provides that the power to make orders under Part 1 is to be exercised by statutory instrument, and that the negative resolution procedure will apply to such instruments, although subsection (5) provides that an order designating a country that is not a Member State of the EU as a “participating country” under section 51(2)(b) is subject to the affirmative resolution procedure.