Statutory Instrument 1996 No. 2875

The European Convention on Extradition(Dependent Territories) Order 1996

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© Crown Copyright 1996

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1996 No. 2875

EXTRADITION

The European Convention on Extradition(Dependent Territories) Order 1996

At the Court at Buckingham Palace, the 19th day of November 1996

Present,

The Queen's Most Excellent Majesty in Council

Whereas the European Convention on Extradition, opened for signature on 13 December 1957, (hereinafter referred to as "the Convention")^[1], entered into force for the United Kingdom on 14 May 1991:And whereas it is now intended, subject to the reservations and declarations set out in Schedule 2 to this Order, to extend the application of the Convention, in relation to the States Parties to the Convention listed in Part I of Schedule 1 to this Order, to the Dependent Territories listed in Part II of that Schedule:Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 21 of the Extradition Act 1870^[2] and sections 4(1), 30 and 37(3) of the Extradition Act 1989 ("the 1989 Act")^[3], 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.—(1)  This Order may be cited as the European Convention on Extradition (Dependent Territories) Order 1996, and shall come into force on a date to be notified in the London, Edinburgh and Belfast Gazettes, being the date on which the Convention comes into force as between the countries listed in Part I of Schedule 1 to this Order and the territories listed in Part II of that Schedule.

    (2)  In this Order, references to "the principal Order" are references to the European Convention on Extradition Order 1990^[4] (disregarding amendments made to it by the European Convention on Extradition Order 1990 (Amendment) Order 1996^[5]).

    2.—(1)  In relation to the countries listed in Part I of Schedule 1 to this Order, and subject to the following provisions of this Order, the operation of the principal Order shall extend to the territories listed in Part II of that Schedule and accordingly for article 2(1) of that Order there shall be substituted the following provision:
    "2.—(1)  Subject to the provisions of this Order, the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply—
(a) subject to the limitations, restrictions, exceptions and qualifications contained in this Order, as between the United Kingdom, the Channel Islands and the Isle of Man and any foreign State, party to the Convention, which is listed in Part I of Schedule 2 to this Order (in this Order referred to as a "Convention State"); and

(b) as so subject, subject to the reservations and declarations set out in Schedule 2 to the European Convention on Extradition (Dependent Territories) Order 1996, as between the Convention States listed in Part I of Schedule 1 to that Order and the territories listed in Part II of that Schedule." .





    (2)  Article 4 of the principal Order (providing for extent) is hereby revoked.

    3.—(1)  Subject to paragraph (2) below, the Orders listed in Schedule 3 to this Order are hereby revoked to the extent therein specified in so far as they apply in relation to any territory listed in Part II of Schedule 1 to this Order.

    (2)  The foregoing paragraph shall not have effect in relation to any requisition for the surrender of a fugitive criminal to a State listed in Part I of Schedule 1 to this Order made under paragraph 16(a) of Schedule 1 to the 1989 Act in respect of which a warrant for his apprehension was issued before this Order came into force..

N. H. Nicholls

Clerk of the Privy Council

[1] Cm. 1762. back

[2] 1870 c. 52. back

[3] 1989 c. 33. back

[4] S.I. 1990/1507; relevant amending instruments are S.I. 1992/2663, 1994/2796, 1994/3203, 1995/1624, 1995/1962, 1995/2703. back

[5] S.I. 1996/2596. back

Explanatory Note