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Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Chapter 5

Amendments of Criminal Justice (Mutual Assistance) Act 2008

Amendment of section 2(1) of Act of 2008

128. Section 2(1) of the Act of 2008 is amended—

(a) by the insertion of the following definitions:

‘2008 Council Decision’ means Council Decision 2008/615/JHA of 23 June 2008 9 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime;

‘2009 Agreement with Iceland and Norway’ means the Agreement between the European Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, done at Stockholm on 26 November 2009 and at Brussels on 30 November 200910 ;”,

(b) in the definition of “international instrument”, by the insertion of the following paragraphs after paragraph (g):

“(ga) Article 7 of the 2008 Council Decision;

(gb) Article 1 of the 2009 Agreement with Iceland and Norway insofar as it applies Article 7 of the 2008 Council Decision in bilateral relations between Iceland or Norway and each member state of the European Union and in relations between Iceland and Norway;”,

and

(c) by the substitution of the following paragraph for paragraph (a) of the definition of “member state”:

“(a) a member state of the European Union (other than the State), for the purposes of mutual assistance under the provisions of the 2000 Convention, 2001 Protocol, Articles 49 and 51 of the Schengen Convention, Framework Decision, 2005 Council Decision, Article 7 of the 2008 Council Decision or Article 1 of the 2009 Agreement with Iceland and Norway insofar as it applies Article 7 of the 2008 Council Decision in bilateral relations between Iceland or Norway and each member state of the European Union (other than the State) and in relations between Iceland and Norway, and”.

9O.J. No. L210, 6.8.2008, p.1.

10O.J. No. L353, 31.12.2009, p.3.