Criminal Justice (Mutual Assistance) (Amendment) Act 2015

Amendment of section 31(1) of Principal Act

3. Section 31(1) of the Principal Act is amended by—

(a) the substitution of the following definition for the definition of “certificate”:

“ ‘certificate’ means—

(a) the certificate provided for in Article 9 of the 2003 Framework Decision, the standard form of which is set out in the Annex to that Framework Decision, or

(b) the certificate provided for in Article 4 of the 2006 Framework Decision, the standard form of which is set out in the Annex to that Framework Decision,

as the context requires;”,

(b) the insertion of the following definition:

“ ‘competent authority’—

(a) in relation to a member state, means the authority or authorities determined by that state in accordance with Article 3 of the 2006 Framework Decision to be the competent authority of that member state, and

(b) in relation to a designated state other than one referred to in paragraph (a), means the authority or authorities determined by that state in accordance with the relevant international instrument to be the competent authority of that designated state;”,

and

(c) the substitution of the following paragraph for paragraph (a) of the definition of “realisable property”:

“(a) in relation to a freezing co-operation order, a confiscation co-operation order or an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state made in respect of specified property, the property specified in the order, and”.