Territorial Application: Wales Part 5 .Miscellaneous and General Provisions Section 212: Article 95 alerts: transitional provisions
598.This section provides transitional provisions concerning the use of an article 95 alert, issued prior to 1 January 2004, as a Part 1 warrant. An article 95 alert, as defined in subsection (4), is an alert issued pursuant to article 95 of the Convention implementing the Schengen agreement of 14 June 1985.
599.Where such an alert is issued by an authority of a category 1 territory, the provisions of this Act apply as if the alert were a Part 1 warrant and that the information sent in connection with the alert were contained in the warrant (subsections (1) and (2)).
600.Subsection (3) provides the modifications which are required, in these circumstances, for the provisions of Part 1 to be applied to an article 95 alert. References to the authority which issued a Part 1 warrant are to be read as references to the authority at the request of which the alert was issued. There is also no provision for a Part 1 provisional arrest in these circumstances.