Page 776 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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764
Uluslararası Adli İşbirliği
(3) The territorial authority is to regard as conclusive a certificate as to the matters mentioned
in subsection (2)(a) and (b) issued by any authority in the country in question which appears to
him to be the appropriate authority to do so.
(4) If it appears to the territorial authority that the request for assistance relates to a fiscal
offence in respect of which proceedings have not yet been instituted, the authority may not ar-
range for the evidence to be so obtained unless—
(a) the request is from a country which is a member of the Commonwealth or is made
pursuant to a treaty to which the United Kingdom is a party, or
(b) the authority is satisfied that if the conduct constituting the offence were to occur
in a part of the United Kingdom, it would constitute an offence in that part.
15- Nominating a court etc. to receive evidence
(1)Where the evidence is in England andWales or Northern Ireland, the Secretary of State may
by a notice nominate a court to receive any evidence to which the request relates which appears
to the court to be appropriate for the purpose of giving effect to the request.
(2) But if it appears to the Secretary of State that the request relates to an offence involving
serious or complex fraud, he may refer the request (or any part of it) to the Director of the Serious
Fraud Office for the Director to obtain any evidence to which the request or part relates which
appears to him to be appropriate for the purpose of giving effect to the request or part.
(3) Where the evidence is in Scotland, the Lord Advocate may by a notice nominate a court to
receive any evidence to which the request relates which appears to the court to be appropriate
for the purpose of giving effect to the request.
(4) But if it appears to the Lord Advocate that the request relates to an offence involving serio-
us or complex fraud, he may give a direction under section 27 of the Criminal Law (Consolidation)
(Scotland) Act 1995 (c. 39) (directions applying investigatory provisions).
(5) Schedule 1 is to have effect in relation to proceedings before a court nominated under this
section.
16 - Extension of statutory search powers in England andWales and Northern Ireland
(1) Part 2 of the Police and Criminal Evidence Act 1984 (c. 60) (powers of entry, search and se-
izure) is to have effect as if references to serious arrestable offences in section 8 of, and Schedule
1 to, that Act included any conduct which—