Explanatory note

This Order amends the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (“the Part 2 Order”) (S.I. 2003/3334).

Article 1(3) of this Order is a transitional provision, which ensures that the changes in designation do not apply where specified steps in the extradition proceedings have taken place before the coming into force of this Order.

The treaty between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland for the Surrender of Fugitive Offenders 1998 has been suspended. Consequently, there is no international agreement or arrangement in place to underpin the designation of the Hong Kong Special Administrative Region for the purposes of Part 2 of the Extradition Act 2003 (“the 2003 Act”). Article 2(2)(a), (4) and (5)(b) of this Order omits the Hong Kong Special Administrative Region from the Part 2 Order meaning that it is no longer a designated Part 2 territory. Cooperation can instead take place under section 194 of the 2003 Act on a case by case basis.

Zimbabwe is no longer party to the London Scheme for Extradition within the Commonwealth (1996) (“the London Scheme”). Consequently there is no international agreement or arrangement in place to underpin the designation of Zimbabwe for the purposes of Part 2 of the 2003 Act. Article 2(2)(b) of this Order omits Zimbabwe from the Part 2 Order meaning that it is no longer a designated Part 2 territory. Cooperation can instead take place under section 194 of the 2003 Act on a case by case basis.

Chile acceded to the European Convention on Extradition 1957 (ETS No. 024) (“the 1957 Convention”) on 3 March 2025. To enable the UK to process extradition requests from Chile in accordance with the provisions of the 1957 Convention, this Order amends Chile’s designation for the purposes of Part 2 of the 2003 Act. Article 2(3) of this Order amends article 3(2) of the Part 2 Order to designate Chile as a Part 2, category A territory. Article 2(5)(a) of this Order removes Chile from article 4(2) of the Part 2 Order to reflect the fact that the applicable time frame for providing a request for extradition and required documents following provisional arrest is now governed by the 1957 Convention.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.