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Section 13 Return to foreign states – supplementary.

United Kingdom

C1(1)

The Secretary of State F1or the Scottish Ministers shall give the person to whom an order under section 12(1) above for return to a foreign state F2or to the Hong Kong Special Administrative Region would relate notice in writing that he is contemplating making such an order.

(2)

The person to whom such an order would relate shall have a right to make representations, at any time before the expiration of the period of 15 days commencing with the date on which the notice is given, as to why he should not be returned to the foreign state, and unless he waives that right, no such order shall be made in relation to him before the end of that period.

(3)

A notice under subsection (1) above shall explain in ordinary language the right conferred by subsection (2) above.

(4)

It shall be the duty of the Secretary of State or the Scottish Ministers to consider any representations made in the exercise of that right.

(5)

Unless the person to whom it relates waives the right conferred on him by subsection (6) below, he shall not be returned to the foreign state or to the Hong Kong Special Administrative Region until the expiration of the period of 7 days commencing with the date on which the warrant is issued or such longer period as—

(a)

in England and Wales, rules under section 84 of the M1Supreme Court Act 1981 may provide; or

(b)

in Scotland, the High Court of Justiciary may provide by Act of Adjournal.

(6)

At any time within that period he may apply for leave to seek judicial review of the Secretary of State’s or the Scittish Ministers decision to make the order.

(7)

If he applies for judicial review, he may not be returned so long as the proceedings for judicial review are pending.

(8)

Proceedings for judicial review shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

(9)

A warrant under section 12 above—

(a)

shall state in ordinary language that the Secretary of State has or the Scottish Minister have considered any representations made in the exercise of the right conferred by subsection (2) above; and

(b)

shall explain in ordinary language the rights conferred by this section on a person whose return to a foreign state or to the Hong Kong Special Administrative Region has been ordered under section 12 above,

and a copy shall be given to the person to whom it relates as soon as the order for his return is made.

Annotations

Textual amendments

F1

Words in s. 13(1)(4)(6)(9) inserted (1.7.1999) by S.I. 1999/1750, art. 6(1), Sch. 5 para. 9(10)-(12) (with art. 7); S.I. 1998/3178, art. 3

F2

Words in s. 13(1)(5)(9)(b) inserted (1.7.1997) by S.I. 1997/1178, art. 2, Sch. para. 9.

Marginal citations

M1

1981 c. 54.

Modifications

C1

S. 13(1)(4): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Notes on the whole Act

Textual amendments

F1

Act repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 218(b), 220, 221, Sch. 4; S.I. 2003/3103, art. 2 (with savings in arts. 3-5 (as amended by S.I. 2003/3258 and S.I. 2003/3312)); Act amended (as so saved) by Courts Act 2003 (c. 39), Sch. 8 paras. 324-330; S.I. 2004/2066, art. 2(c)(xiv) (with art. 3); S.I. 2005/910, art. 3(y); Act further amended by Constitutional Reform Act 2005 (c. 4), Sch. 9 para. 52, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)