Office of Public Sector Information
SCHEDULE 5 continued
64 The Criminal Procedure (Scotland) Act 1995 is amended as follows.
65 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”.
66 The United Nations Personnel Act 1997 is amended as follows.
67 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”.
68 The Data Protection Act 1998 is amended as follows.
69 In section 28(1) (national security), for “section” there is substituted “sections 54A and”.
70 In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12” there is inserted “section 54A and”.
71 In section 63(5) (application to the Crown), for “section” there is substituted “sections 54A and”.
72 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
73 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”.
74 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”.
75 The Terrorism Act 2000 is amended as follows.
76 In section 121 (interpretation), in the definition of “premises”, before “includes” (in the first place) there is inserted “, except in section 63D,”.
77 In section 123 (orders and regulations), in subsection (2), after paragraph (b) there is inserted—
“(ba) section 63C(3)(d);”.
78 The Regulation of Investigatory Powers Act 2000 is amended as follows.
79 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.”
80 In section 78 (orders, regulations and rules), in subsection (3)(a), for “or 71(9)” there is substituted “, 71(9) or 76A(9)”.
81 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”.
82 The Proceeds of Crime Act 2002 is amended as follows.
83 In section 376 (evidence overseas)—
(a) subsection (5) is omitted,
(b) in subsection (6), for the words preceding paragraph (a) there is substituted “The person issuing a letter of request may send it”,
(c) for subsection (7) there is substituted—
“(7) Alternatively, the person issuing the letter of request may send it to the Secretary of State for forwarding to the court, tribunal or authority mentioned in subsection (6).
(7A) In a case of urgency, the person issuing the letter of request may send it to—
(a) the International Criminal Police Organisation, or
(b) any body or person competent to receive it under any provisions adopted under the Treaty on European Union,
for forwarding to the court, tribunal or authority mentioned in subsection (6).”
Crime (International Co-operation) Act 2003