OpenLegislation

Extradition Act 2003 (Amendment to Designations) (No.2) Order 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110728742

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 223(5) of the Extradition Act 2003, for approval by resolution of each House of Parliament.

extradition

Made 2005

Coming into force 2005

The Secretary of State, in exercise of the powers conferred upon him by sections 1, 69(1), 71(4), 73(5), 74(11)(b), 84(7) and 86(7) of the Extradition Act 2003f1 hereby makes the following Order (a draft of which has been approved by each House of Parliament):

Annotations to the whole text

Footnotes

f1

2003 c.41

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

(1)

This Order may be cited as the Extradition Act 2003 (Amendment to Designations) ( No.2 ) Order 2005 and, subject to paragraph (2), shall come into force on the expiry of one week beginning with the day on which it was made.

(2)

The coming into force of article 2 shall not apply to a request in respect of which—

(a)

the Secretary of State has issued a certificate under section 70 of the Extradition Act 2003, or

(b)

a person has been arrested under a provisional warrant issued under section 73(3) of the Extradition Act 2003,

before the coming into force of this Order.

2

(1)

Articles 2(2) and 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003f1 are amended by omitting “Italy”.

(2)

Article 2(2) of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003f2 is amended by inserting “Italy” after “Ireland”.

Signature

Home Office

Parliamentary Under Secretary of State

Date

Explanatory note

(This note is not part of the Order)

Italy was designated as a category 2 territory, for the purposes of the Extradition Act 2003, by the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003. This Order removes that designation and re-designates Italy as a category 1 territory by adding them to the list of category 1 territories designated in the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003.

The effect of this is that once this Order is in force Italy will be a category 1 territory for the purposes of the Extradition Act 2003 and Part 1 of that Act will apply to Italy.

Article 1(2) of this Order is a transitional provision, which ensures that the change in designation does not apply where extradition proceedings have already begun.