Criminal Justice (Mutual Assistance) Act 2008

109

Regulations.

109.— (1) Regulations may be made by the Minister for the purpose of enabling any provision of this Act, and of any of the following international instruments in their application to the State, to have full effect:

(a) a relevant international instrument;

(b) the EU - US Agreement, the Ireland - US Treaty, and the Instrument as to the application of that Treaty, as defined in section 93.

F165[(1A) Without prejudice to the generality of subsection (1), regulations may be made by the Minister for the purposes of Chapter 3 of Part 5 regarding the obtaining or transmission of identification evidence within the meaning of that Chapter.]

F166[(1B) Without prejudice to section 94K, the generality of subsection (1) and subject to the provisions of this Act concerning particular requests, regulations (in this Act referred to as the "Part 7B Regulations") may be made by the Minister for the purposes of Part 7B and in particular such regulations may make provision for—

(a) the limitations, restrictions or conditions applicable to EPPO requests,

(b) the form of EPPO requests and the information such requests are to provide,

(c) the action that may be taken where the information provided is not sufficient to enable the request to be dealt with,

(d) without prejudice to section 3, the grounds for refusal of EPPO requests,

(e) the requirements relating to the protection, disclosure, use or transmission of information or evidence received under EPPO requests,

(f) the formalities and procedures in dealing with EPPO requests, and

(g) the transmission and mode of transmission of EPPO requests, including, transmission via the International Criminal Police Organisation (Interpol) in urgent cases.

(1C) Regulations under subsection (1B) may be made by the Minister for the purposes of requests by the State to EPPO and paragraphs (a) to (g) of subsection (1B) shall apply mutatis mutandis to such requests.]

(2) Regulations under this section may include such consequential, incidental, transitional or supplementary provisions as may be necessary for that purpose.

Annotations

Amendments:

F165

Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 138, S.I. No. 508 of 2015.

F166

Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 52, S.I. No. 525 of 2023.