786
Uluslararası Adli İşbirliği
(a) an offence to which paragraph 3 of Article 1 (request for information on bank acco-
unts) of the 2001 Protocol applies, or
(b) an offence specified in an order made by the Secretary of State or, in relation to
Scotland, the Scottish Ministers for the purpose of giving effect to any decision of the Council of
the European Union under paragraph 6 of that Article.
(4) A financial institution—
(a) means a person who is carrying on business in the regulated sector, and
(b) in relation to a customer information order or an account monitoring order, inclu-
des a person who was carrying on business in the regulated sector at a time which is the time to
which any requirement for him to provide information under the order is to relate. “Business in
the regulated sector” is to be interpreted in accordance with Schedule 9 to the Proceeds of Crime
Act 2002 (c. 29).
(5) A judge means—
(a) in relation to England and Wales, a judge entitled to exercise the jurisdiction of the
Crown Court,
(b) in relation to Northern Ireland, a Crown Court judge.
CHAPTER 5
TRANSFER OF PRISONERS
47- Transfer of UK prisoner to assist investigation abroad
(1) The Secretary of State may pursuant to an agreement with the competent authority of a
participating country issue a warrant providing for any person to whom this section applies (“a
prisoner”) to be transferred to that country for the purpose of assisting there in the investigation
of an offence. The offence must be one which was or may have been committed in the United
Kingdom.
(2) This section applies to a person—
(a) serving a sentence in a prison,
(b) in custody awaiting trial or sentence, or
(c) committed to prison for default in paying a fine.
(3) But, in relation to transfer from Scotland—
(a) this section applies to any person detained in custody,
(b) references in this section to the Secretary of State are to be read as references to the
Scottish Ministers.
(4) A warrant may be issued in respect of a prisoner under subsection (1) only if—