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The Extradition Act 2003 (Amendment to Designations) Order 2008

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

Draft 2008, ISBN 9780110814322

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

Coming into force in accordance with article 1

A draft of this Order has been approved by each House of Parliament in accordance with section 223(5) of the Extradition Act 2003f1.

The Secretary of State, in exercise of the powers conferred upon her by sections 69(1) and 74(11)(b) of the Extradition Act 2003, makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c.41.

Contents

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

1

This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2008 and shall come into force on the expiry of one week beginning with the day on which it is made.

2

Article 2(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003f1 is amended by inserting “The United Arab Emirates,” below “Uruguay,”.

3

Article 4(2) of the same Order is amended by inserting “The United Arab Emirates (65 days)” below “Thailand (65 days)”.

Signature

Parliamentary Under Secretary of State

Home Office

   2008

Explanatory note

(This note is not part of the Order)

Instruments of ratification of a new extradition treaty between the United Kingdom and the United Arab Emirates were exchanged on 3rd March 2008. Article 2 of the Order amends article 2(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (‘the 2003 Order’) and thereby designates The United Arab Emirates as a category 2 territory for the purposes of the Extradition Act 2003 (‘the 2003 Act’). The effect of designation as a category 2 territory is that extradition requests made by the United Arab Emirates to the United Kingdom will fall to be considered under Part 2 of the 2003 Act.

Article 3 of the Order also amends article 4(2) of the 2003 Order so as to add The United Arab Emirates to the list of territories designated for the purpose of section 74(11)(b) of the 2003 Act. The effect of this designation is to allow 65 days from the date on which someone is arrested under a provisional warrant for the documents required under section 70(9) of the 2003 Act to be provided to the appropriate judge. This time limit reflects the fact that the extradition treaty between the United Kingdom and the United Arab Emirates requires the United Arab Emirates to provide these documents to the Secretary of State within 60 days and allows a further 5 days in order to enable the Secretary of State to provide these documents to the appropriate judge.