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STATUTORY INSTRUMENTS
1991No. 1720
EXTRADITION
The Extradition (Protection of Nuclear Material) Order 1991
Made
24th July 1991
Laid before Parliament
1st August 1991
Coming into force
in accordance with Article 1
At the Court at Buckingham Palace, the 24th day of July 1991
Present,
The Queen's Most Excellent Majesty in Council
Whereas the Convention on the Physical Protection of Nuclear Material (hereinafter referred to as "the Convention") opened for signature at Vienna and New York on 3rd March 1980[1] the terms of which are set out in Schedule 1 to this Order, was signed by the United Kingdom on 13th June 1980:
And whereas it is intended to ratify the Convention:
And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870[2] are in force:
And whereas the States mentioned in Part I of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made:
And whereas section 22(3) of the Extradition Act 1989[3] provides that where general extradition arrangements have not been made with a State which is a party to the Convention, and no Order in Council under section 2 of the Extradition Act 1870 is in force in relation to that State, an Order in Council applying the 1989 Act may be made under section 4 of that Act as if the Convention constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention:
Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 2 and 21 of the Extradition Act 1870, and sections 4(1), 22(3) and 37(3) of the Extradition Act 1989 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
1. This Order may be cited as the Extradition (Protection of Nuclear Material) Order 1991, and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Convention on the Physical Protection of Nuclear Material enters into force for the United Kingdom.
2. Schedule 1 to the Extradition Act 1989 ("the 1989 Act") shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule as supplemented by paragraphs 1 and 4 of Article 11 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties shall be construed accordingly. The convention entered into force for those States on the dates specified in the third column of the said Schedule 2.
3. The 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State mentioned in Part I of Schedule 3 to this Order (being States in respect of which the Convention entered into force on the dates specified in the second column of Part I of that Schedule) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.
4. The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man.
