SCHEDULES

SCHEDULE 5Minor and consequential amendments

Section 91

The Internationally Protected Persons Act 1978 (c. 17)

1I1

The Internationally Protected Persons Act 1978 is amended as follows.

Annotations:
Commencement Information
I1

Sch. 5 para. 1 in force at 26.4.2004 by S.I. 2004/786, art. 3

2I2

In section 2 (supplementary provisions), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

Annotations:
Commencement Information
I2

Sch. 5 para. 2 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Suppression of Terrorism Act 1978 (c. 26)

3I3

The Suppression of Terrorism Act 1978 is amended as follows.

Annotations:
Commencement Information
I3

Sch. 5 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3

4I4

In section 4 (jurisdiction in respect of offences committed outside United Kingdom), in subsections (4) and (5), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

Annotations:
Commencement Information
I4

Sch. 5 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))

5

The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

6

In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after “Road Traffic Orders” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

The Nuclear Material (Offences) Act 1983 (c. 18)

7I5

The Nuclear Material (Offences) Act 1983 is amended as follows.

Annotations:
Commencement Information
I5

Sch. 5 para. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3

8I6

In section 3 (supplemental), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.

Annotations:
Commencement Information
I6

Sch. 5 para. 8 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Child Abduction Act 1984 (c. 37)

9I7

The Child Abduction Act 1984 is amended as follows.

Annotations:
Commencement Information
I7

Sch. 5 para. 9 in force at 26.4.2004 by S.I. 2004/786, art. 3

10I8

In section 11 (consequential amendments and repeals), in subsection (3), after “the Internationally Protected Persons Act 1978” there is inserted “ and sections 63B(2) and 63C(2) of the Terrorism Act 2000 ”.

Annotations:
Commencement Information
I8

Sch. 5 para. 10 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice Act 1987 (c. 38)

11I9

The Criminal Justice Act 1987 is amended as follows.

Annotations:
Commencement Information
I9

Sch. 5 para. 11 in force at 26.4.2004 by S.I. 2004/786, art. 3

12I10

In section 2 (investigation powers of Director of Serious Fraud Office)—

a

in subsection (1A), for paragraph (b) there is substituted—

b

the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received by him from a person mentioned in section 13(2) of that Act (an “overseas authority”).

b

in subsection (8A), for the words from “furnished” to the end there is substituted “ given to the overseas authority which requested it or given to the Secretary of State for forwarding to that overseas authority) ”,

c

subsection (8B) is omitted,

d

in subsection (8C), for “transmitted” (in both places) there is substituted “ forwarded ”,

e

in subsection (18), “(8B)” is omitted.

Annotations:
Commencement Information
I10

Sch. 5 para. 12 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice Act 1988 (c. 33)

13I11

The Criminal Justice Act 1988 is amended as follows.

Annotations:
Commencement Information
I11

Sch. 5 para. 13 in force at 26.4.2004 by S.I. 2004/786, art. 3

14I12

In section 24 (business etc. documents), in subsection (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Annotations:
Commencement Information
I12

Sch. 5 para. 14 in force at 26.4.2004 by S.I. 2004/786, art. 3

15I13

In section 26 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Annotations:
Commencement Information
I13

Sch. 5 para. 15 in force at 26.4.2004 by S.I. 2004/786, art. 3

16I14

In paragraph 6 of Schedule 13 (evidence before courts-martial etc.)—

a

in sub-paragraph (1)—

i

for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”, and

ii

for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining outside the United Kingdom evidence ”, and

b

in sub-paragraph (4), for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining evidence ”.

Annotations:
Commencement Information
I14

Sch. 5 para. 16 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic Act 1988 (c. 52)

I4017

The Road Traffic Act 1988 is amended as follows.

18

In section 88 (exceptions to offence under section 87)—

I41a

in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”,

b

in subsection (1B)(a), after “Road Traffic Acts” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

I4219

In section 92 (requirements as to physical fitness of drivers), in subsection (7D), after “99D” there is inserted “ or 109C ”.

I4320

In section 94A (driving after refusal or revocation of licence), in subsection (1)—

a

in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted “ section 93 ”,

b

in paragraph (a)(iii)—

i

after “section 99C(1) or (2)” there is inserted “ or 109B ”,

ii

after “Community licence” there is inserted “ or Northern Ireland licence ”,

c

in paragraph (b)(ii), at the end there is inserted “ or Northern Ireland licence ”.

I4421

In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”.

I4522

In section 100 (appeals relating to licences), in subsection (1)—

a

in paragraph (c), after “99(3)” there is inserted “ or (3A) ”,

b

for “or 99C” there is substituted “ , 99C or 109B ”.

I4623

In section 105 (regulations)—

a

in subsection (2)—

i

in paragraph (a), after “this Act,” there is inserted “ Northern Ireland licences, ”,

ii

in paragraph (b)(iii), after “this Act” there is inserted “ , of Northern Ireland licences ”,

iii

in paragraph (ea), after “counterparts” (in the first place) there is inserted “ of Northern Ireland licences or ” and after “counterparts” (in the second place) there is inserted “ of Northern Ireland licences or (as the case may be) ”,

iv

in paragraph (f), before “Community licences” there is inserted “ Northern Ireland licences or ”,

b

in subsection (5), for “, 91A and” there is substituted “ and 91ZA to ”.

I4724

In section 107 (service of notices), for “99B or 99E” there is substituted “ 99B, 99E or 109A ”.

I4825

In section 108 (interpretation), in subsection (1)—

a

in the definition of “counterpart”, the “and” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

aa

in relation to a Northern Ireland licence, has the meaning given by section 109A of this Act (except in the definition of “Northern Ireland counterpart” below), and

b

in the definition of “Northern Ireland driving licence” and “Northern Ireland licence”, at the end there is inserted “ and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland ”.

I4926

In section 109 (provisions as to Northern Ireland drivers' licences)—

a

in subsection (1), after “Great Britain,” there is inserted “ in accordance with that licence, ”,

b

in subsection (2), paragraph (b) and the “and” preceding it are omitted,

c

subsections (3) to (5) are omitted.

27

In section 164 (power of constables to require production of driving licence etc.)—

a

in subsection (3)—

i

in paragraph (a), before “the Secretary of State” there is inserted “ a person is required to deliver his licence and its counterpart to the Secretary of State under section 63 of the Crime (International Co-operation) Act 2003 or ”,

I50ii

in paragraph (a)(iii), after “99C” there is inserted “ , 109B ”,

I51iii

in paragraph (b), after “99C” there is inserted “ , 109B ” and after “or 118” there is inserted “ or section 63 of the Crime (International Co-operation) Act 2003 ”,

I52b

in subsection (11)—

i

in the definition of “licence”, after “this Act” there is inserted “ , a Northern Ireland licence ”,

ii

after “ “counterpart”,” there is inserted “ “Northern Ireland licence”, ”.

I5328

In section 167 (power of arrest for constable in Scotland), before “Community licence” there is inserted “ Northern Ireland licence or ”.

I5429

In section 173 (forgery of documents, etc.)—

a

in subsection (2)(aa), after “counterpart of a” there is inserted “ Northern Ireland licence or ”,

b

in subsection (4), for “and “Community licence”” there is substituted “ , “Community licence” and “Northern Ireland licence” ”.

I5530

In section 176 (power to seize certain articles)—

a

in subsection (1A), before “Community licence” (in both places) there is inserted “ Northern Ireland licence or ”,

b

in subsection (3A), after “such licence or” there is inserted “ of a Northern Ireland licence or ”,

c

in subsection (8), for “and “Community licence”” there is substituted “ , “Community licence” and “Northern Ireland licence” ”.

I5631

In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for “91A,” there is substituted “ 91ZA to ”.

The Road Traffic Offenders Act 1988 (c. 53)

I5732

The Road Traffic Offenders Act 1988 is amended as follows.

I5833

In section 3 (restriction on institution of proceedings for certain offences), in subsection (2A), after “99D” there is inserted “ or 109C ”.

I5934

In section 26 (interim disqualification), in subsection (10), for the words from “and 91A(5)” to “licences)” there is substituted “ , 91ZA(7) and 91A(5) of this Act ”.

I6035

In section 98 (general interpretation), in subsection (1)—

a

in the definition of “the provisions connected with the licensing of drivers”, for “91A,” there is substituted “ 91ZA to ”,

b

for “and “EEA State”” there is substituted “ , “EEA State” and “Northern Ireland licence” ”.

I6136

In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act apply)—

a

in the entry for section 94(3) of the Road Traffic Act 1988, in column 1, at the end there is inserted “ or 109C ”,

b

in the entry for section 94(3A) of that Act, in column 1, at the end there is inserted “ or 109C(c) ”,

c

in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

d

in the entry for section 99B(11) of that Act—

i

in column 1, at the end there is inserted “ and that subsection as applied by RTA section 109A(5) ”,

ii

in column 2, at the end there is inserted “ or a requirement under section 99B(6) or (7) as applied by section 109A(5) ”.

I6237

In Schedule 2 (prosecution and punishment of offences)—

a

in the entry for section 94(3) of the Road Traffic Act 1988, in column 2, at the end there is inserted “ or 109C ”,

b

in the entry for section 94(3A) of that Act, in column 2, at the end there is inserted “ or 109C(c) ”,

c

in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

d

in the entry for section 99B(11) of that Act—

i

in column 1, at the end there is inserted “ and that subsection as applied by RTA section 109A(5) ”,

ii

in column 2, at the end there is inserted “ or a requirement under section 99B(6) or (7) as applied by section 109A(5) ”,

e

the entry for section 109 of that Act is omitted,

f

before the entry for section 114 of that Act there is inserted—

RTA section 109B(4)

Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B.

Summarily.

Level 3 on the standard scale.

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))

38I15

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is amended as follows.

Annotations:
Commencement Information
I15

Sch. 5 para. 38 in force at 26.4.2004 by S.I. 2004/786, art. 3

39I16

In Article 4 (business etc. documents), in paragraph (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Annotations:
Commencement Information
I16

Sch. 5 para. 39 in force at 26.4.2004 by S.I. 2004/786, art. 3

40I17

In Article 6 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.

Annotations:
Commencement Information
I17

Sch. 5 para. 40 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

41I18

The Criminal Justice (International Co-operation) Act 1990 is amended as follows.

Annotations:
Commencement Information
I18

Sch. 5 para. 41 in force at 26.4.2004 by S.I. 2004/786, art. 3

42I19

Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of evidence) are omitted.

Annotations:
Commencement Information
I19

Sch. 5 para. 42 in force at 26.4.2004 by S.I. 2004/786, art. 3

43I20

In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—

3A

A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences).

Annotations:
Commencement Information
I20

Sch. 5 para. 43 in force at 26.4.2004 by S.I. 2004/786, art. 3

44I21

Schedule 1 (proceedings of nominated court) is omitted.

Annotations:
Commencement Information
I21

Sch. 5 para. 44 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic (New Drivers) Act 1995 (c. 13)

I6345

The Road Traffic (New Drivers) Act 1995 is amended as follows.

I6446

In section 2 (surrender of licences), at the end there is inserted—

6

In this section and section 3 “licence” includes a Northern Ireland licence.

I6547

In section 3 (revocation of licences)—

a

after subsection (1) there is inserted—

1A

Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1), the Secretary of State must send to the licensing authority in Northern Ireland—

a

particulars of the notice; and

b

the Northern Ireland licence.

1B

Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to subsection (1), he must by notice served on the holder revoke the licence.

b

in subsection (2), after “subsection (1)” there is inserted “ or (1B) ”,

c

at the end, there is inserted—

3

In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

I6648

In section 4 (re-testing)—

a

in subsection (1)—

i

for “section 3(1)” there is substituted “ section 3 ”,

ii

after “full licence” (in the second place it occurs) there is inserted “ or (as the case may be) full Northern Ireland licence ”,

b

after subsection (1) there is inserted—

1A

Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).

c

in subsections (2) and (3), at the end there is inserted “ or (as the case may be) full Northern Ireland licence ”,

d

in subsection (5)—

i

for “Subsection (1) does” there is substituted “ Subsections (1) and (1A) do ”, and

ii

for “section 3(1)” there is substituted “ section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) ”.

I6749

In section 5 (restoration of licence without re-testing in certain cases)—

a

in subsections (1), (4) and (6), for “section 3(1)” there is substituted “ section 3 ”,

b

in subsections (3)(a) and (4)(c), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”,

c

at the end there is inserted—

11

Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).

I6850

In section 7 (early termination of probationary period)—

a

in paragraph (b), for “section 3(1)” there is substituted “ section 3 ”,

b

in paragraph (c)—

i

for “paragraph 5(1)” there is substituted “ paragraph 5 ”,

ii

for “paragraph 8(1)” there is substituted “ paragraph 8 ”.

I6951

In section 9 (interpretation), after subsection (2) there is inserted—

2A

In this Act—

full Northern Ireland licence” means a Northern Ireland licence other than a Northern Ireland provisional licence,

Northern Ireland provisional licence” means a Northern Ireland licence which corresponds to a provisional licence.

I7052

Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.

I7153

In paragraph 1, at the end there is inserted—

3

In this Schedule “licence” includes a Northern Ireland licence, “full licence” includes a full Northern Ireland licence and “provisional licence” includes a Northern Ireland provisional licence.

4

In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule.

5

References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Northern Ireland test certificate”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

6

References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.

I7254

In paragraph 2, after sub-paragraph (4) there is inserted—

4A

In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.

I7355

In paragraph 5—

a

after sub-paragraph (1) there is inserted—

1A

Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate.

1B

Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his test certificate.

b

in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “ or (1B) ”,

c

at the end there is inserted—

4

In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.

5

The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.

I7456

In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is substituted “ paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1), ”.

I7557

In paragraph 8—

a

after sub-paragraph (1) there is inserted—

1A

Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland licence and the Northern Ireland test certificate.

1B

Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his licence and test certificate.

b

in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “ or (1B) ”,

c

at the end there is inserted—

3

In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

I7658

In paragraph 9—

a

in sub-paragraph (1), for “paragraph 8(1)” there is substituted “ paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1), ”,

b

in sub-paragraph (4)(b)(i), after “1988” there is inserted “ , or under a provision of Northern Ireland law corresponding to that section, ”.

I7759

In paragraph 10(a)—

a

for “paragraph 5(1)” there is substituted “ paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1)) ”,

b

for “paragraph 8(1)” there is substituted “ paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1)) ”.

I7860

In paragraph 11—

a

in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and “paragraph 8(1)” there is substituted “ paragraph 5 ” and “ paragraph 8 ” respectively,

b

in sub-paragraph (1)(d), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”.

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

61I22

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

Annotations:
Commencement Information
I22

Sch. 5 para. 61 in force at 26.4.2004 by S.I. 2004/786, art. 3

62I23

In section 27 (Lord Advocate’s direction), in subsection (2), for “section 4(2B) of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 15(4) of the Crime (International Co-operation) Act 2003 ”.

Annotations:
Commencement Information
I23

Sch. 5 para. 62 in force at 26.4.2004 by S.I. 2004/786, art. 3

63I24

In section 28 (powers of investigation)—

a

in subsection (8), for the words from “by the” to the end there is substituted “ by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority ”,

b

subsection (9) is omitted,

c

in subsection (10), for “transmitted” (in both places) there is substituted “ forwarded ”.

Annotations:
Commencement Information
I24

Sch. 5 para. 63 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Procedure (Scotland) Act 1995 (c. 46)

64I25

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

Annotations:
Commencement Information
I25

Sch. 5 para. 64 in force at 26.4.2004 by S.I. 2004/786, art. 3

65I26

In section 210(1)(c) (consideration, in passing sentence of imprisonment or detention, of time spent in custody), at the end there is inserted “ so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003, abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above ”.

Annotations:
Commencement Information
I26

Sch. 5 para. 65 in force at 26.4.2004 by S.I. 2004/786, art. 3

The United Nations Personnel Act 1997 (c. 13)

66I27

The United Nations Personnel Act 1997 is amended as follows.

Annotations:
Commencement Information
I27

Sch. 5 para. 66 in force at 26.4.2004 by S.I. 2004/786, art. 3

67I28

In section 5 (supplementary provisions), in subsections (1) and (2), for “and the Nuclear Material (Offences) Act 1983” there is substituted “ , the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000 ”.

Annotations:
Commencement Information
I28

Sch. 5 para. 67 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Data Protection Act 1998 (c. 29)

68I29

The Data Protection Act 1998 is amended as follows.

Annotations:
Commencement Information
I29

Sch. 5 para. 68 in force at 26.4.2004 by S.I. 2004/786, art. 3

69I30

In section 28(1) (national security), for “section” there is substituted “sections 54A and” .

Annotations:
Commencement Information
I30

Sch. 5 para. 69 in force at 26.4.2004 by S.I. 2004/786, art. 3

70I31

In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12” there is inserted “section 54A and” .

Annotations:
Commencement Information
I31

Sch. 5 para. 70 in force at 26.4.2004 by S.I. 2004/786, art. 3

71I32

In section 63(5) (application to the Crown), for “section” there is substituted “ sections 54A and ” .

Annotations:
Commencement Information
I32

Sch. 5 para. 71 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

I7972

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

I8073

In section 146 (driving disqualification for any offence)—

a

in subsection (4), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

aa

in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence and its counterpart (if any); or

b

in subsection (5), in the definition of “counterpart”, the “and” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

aa

in relation to a Northern Ireland licence, has the meaning given by section 109A of that Act; and

I8174

In section 147 (driving disqualification where vehicle used for purposes of crime), in subsection (5), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

aa

in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence and its counterpart (if any); or

The Terrorism Act 2000 (c. 11)

75I33

The Terrorism Act 2000 is amended as follows.

Annotations:
Commencement Information
I33

Sch. 5 para. 75 in force at 26.4.2004 by S.I. 2004/786, art. 3

76I34

In section 121 (interpretation), in the definition of “premises”, before “includes” (in the first place) there is inserted “ , except in section 63D, ”.

Annotations:
Commencement Information
I34

Sch. 5 para. 76 in force at 26.4.2004 by S.I. 2004/786, art. 3

77I35

In section 123 (orders and regulations), in subsection (2), after paragraph (b) there is inserted—

ba

section 63C(3)(d);

Annotations:
Commencement Information
I35

Sch. 5 para. 77 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Regulation of Investigatory Powers Act 2000 (c. 23)

78I36

The Regulation of Investigatory Powers Act 2000 is amended as follows.

Annotations:
Commencement Information
I36

Sch. 5 para. 78 in force at 26.4.2004 by S.I. 2004/786, art. 3

79I37

In section 65 (investigatory powers tribunal)—

a

in subsection (5)—

i

after paragraph (c) there is inserted—

ca

the carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);

ii

in paragraph (d), at the beginning there is inserted “ other ”,

b

after subsection (7), there is inserted—

7A

For the purposes of this section conduct also takes place in challengeable circumstances if it takes place, or purports to take place, under section 76A.

Annotations:
Commencement Information
I37

Sch. 5 para. 79 in force at 26.4.2004 by S.I. 2004/786, art. 3

80I38

In section 78 (orders, regulations and rules), in subsection (3)(a), for “or 71(9)” there is substituted “ , 71(9) or 76A(9) ”.

Annotations:
Commencement Information
I38

Sch. 5 para. 80 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Armed Forces Act 2001 (c. 19)

81I39

In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—

a

after “section” there is inserted “ section 5 of the Criminal Justice (International Co-operation) Act 1990 and ”,

b

for “is” there is substituted “ are ”.

Annotations:
Commencement Information
I39

Sch. 5 para. 81 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Proceeds of Crime Act 2002 (c. 29)

F182

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F283

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .