Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 51 and Schedule 5: Overseas production orders
This Section gives effect to Schedule 5 which makes amendments to the COPO Act.
	Section 3 of the COPO Act sets out the scope of applications for overseas production orders and of the orders themselves in relation to material that can and cannot be specified or described in the application or order, by defining "electronic data" and "excepted electronic data" and related terms. Paragraph 2 of Schedule 5 amends the definitions of "electronic data" and "excepted electronic data". The new definitions allow communications data which "is comprised in, included as part of, attached to or logically associated" with stored electronic data to be included in an application for an overseas production order. Such communications data (information on who sent an electronic communication, when and to whom) is necessary to provide the electronic content data (pictures, communication content) with the context required to allow it to be used effectively as evidence.
	The practical effect is to enable law enforcement officers and prosecutors to make a request for the relevant associated and connected communications data, as defined in section 3 of the COPO Act as amended by this paragraph, together with the specified and described electronic content data sought through an overseas production order.
	Paragraph 2(3) ensures that an application for an overseas production order cannot be made only for communications data or for excepted electronic data.
	Paragraph 3 amends section 5 of the COPO Act which sets out what an overseas production order must or must not contain, in terms of specifying the electronic data that is to be produced, or to which access is to be given, where the judge is satisfied that, based on the application before them, an order should be made.
	Section 5(3) of the COPO Act provides that a judge, when making an overseas production order, must only include electronic data that meets the requirements of the legal tests as set out in section 4 of the COPO Act. Where only part of the data sought satisfies those requirements the judge cannot specify or describe in the order any reference to electronic data that does not meet the requirements of that section. Section 4(5) sets out the requirement that all or part of the evidence is likely to be of substantial value. Section 4(7) sets out a further requirement that all or part of the evidence is in the public interest to be produced or accessed. The amendment made to section 5(3) by this paragraph requires that section 4(6) also be considered. Section 4(6) requires that there are reasonable grounds for believing that all or part of the electronic data specified or described in the application for the order is likely to be relevant evidence in respect of the offence to which the application relates.
	Paragraph 4 amends section 9 of the COPO Act which provides that the only person who may serve an overseas production order is the Secretary of State, in respect of an order made in England, Wales or Northern Ireland, or the Lord Advocate, in relation to an order made in Scotland. The amendment enables the Secretary of State or the Lord Advocate, as the case may be, to delegate the service of an overseas production order to a person prescribed in regulations made by the Secretary of State or the Lord Advocate as appropriate. Section 9 provides that an order can only be served on a service provider by a relevant person (the Secretary of State, Lord Advocate or prescribed person) if that person considers that to do so is compliant with the applicable international cooperation arrangement designated under the COPO Act. This operational agility to delegate the service of overseas production orders to a prescribed person ensures for example that this function can be discharged by a body which has the appropriate infrastructure and controls in place to be able to securely transmit requests and receive data from service providers based overseas.
	Paragraph 5 makes consequential amendments to section 14 of the COPO Act as a result of the amendments to section 9 made by paragraph 4 of Schedule 5. Section 14 of the COPO Act sets out how an overseas production order, notice of an application, and any other documents made by a court relating to an overseas production order can be served on a person. The effect of the amendments is to allow persons designated by the Secretary of State or the Lord Advocate to comply with the provisions of the Act in relation to the service of an overseas production order.
	Paragraph 6 amends section 15 of the COPO Act which enables a judge advocate to make an overseas production order on an application by a member of a service police force, for the purposes of investigating or prosecuting certain offences within the service jurisdiction. The amendments to section 15 are consequential on the amendments made in paragraphs 4 and 5 of Schedule 5 enabling the Secretary of State or Lord Advocate to delegate the service of an overseas production order to a prescribed person.
	Paragraph 7 makes consequential amendments to section 17 of the COPO Act, which sets out the parliamentary procedure in relation to regulations legislation made under the Act. These amendments provide that any regulations made under the regulation-making powers provided for in new sections 9(5) and 14(6) of the COPO Act are subject to the negative procedure.