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"the 1990 Act" means the Criminal Justice (International Co-operation) Act 1990[2]; and

"the 2003 Act" means the Crime (International Co-operation) Act 2003.

    (2) A reference in this Order to the coming into force of a provision of the 2003 Act is a reference to that provision being brought into force by the Crime (International Co-operation) Act 2003 (Commencement No. 1) Order 2004[3].

     3.  - (1) The coming into force of the repeals made by Schedule 6 to the 2003 Act which are listed in paragraph (2) and of the paragraphs of Schedule 5 to the 2003 Act which are listed in paragraph (3) shall not affect - 

(a) any process (including a summons) or other document to which section 1 of the 1990 Act applies and which is received by the Secretary of State prior to 26th April 2004;

(b) any summons or order to which section 2 of the 1990 Act applies and which is issued or made prior to 26th April 2004;

(c) any letter of request issued under section 3 of the 1990 Act prior to 26th April 2004;

(d) any nomination made by the Secretary of State under section 4(2) of the 1990 Act prior to 26th April 2004;

(e) any reference to the Director of the Serious Fraud Office under section 4(2A) of the 1990 Act[4] of a request to which section 4(1) of that Act applies or part of such a request made prior to 26th April 2004;

(f) any warrant issued or order made by virtue of section 7 of the 1990 Act prior to 26th April 2004.

    (2) The repeals in Schedule 6 to the 2003 Act which are referred to in paragraph (1) are those relating to - 

section 2 of the Criminal Justice Act 1987[5];

sections 1 to 4 and 7 of, and Schedules 1 and 4 to, the 1990 Act;

section 164(1) of the Criminal Justice and Public Order Act 1994[6]; and

paragraph 49 of Schedule 1 to the Criminal Justice and Police Act 2001[7].

    (3) The paragraphs of Schedule 5 to the 2003 Act which are referred to in paragraph (1) are - 

paragraph 12;

paragraphs 14 to 16;

paragraphs 39 and 40; and

paragraphs 42 and 44.

     4. The coming into force of the repeal of the provisions of the 1990 Act which are set out in Schedule 6 to the 2003 Act shall not apply in respect of any such provision as applied by Order in Council under section 32(4) of the 1990 Act[8].


Caroline Flint
Parliamentary Under-Secretary of State

Home Office
16th March 2004

[2] 1990 c. 5.back

[3] S.I. 2004/786 (C. 32).back

[4] Section 4(2A) was inserted by section 164(1) of the Criminal Justice and Public Order Act 1994 (c. 33).back

[5] 1987 c. 38.back

[6] 1994 c. 33.back

[7] 2001 c. 16.back

[8] Section 32(4) has been amended but the amendment is not relevant to the subject matter of this Order.back

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