Article 2 Interpretation

In this Order, “section 108 human rights appeal” means—

(a)

an appeal brought—

(i)

in accordance with section 108(4) of the Extradition Act 2003^f1 if, or to the extent that, it is an appeal against an order by the Scottish Ministers^f2 for a person’s extradition on the grounds that the extradition would not be compatible with the Convention rights within the meaning of the Human Rights Act 1998^f3; and

(ii)

in circumstances where the Scottish Ministers were precluded from considering that question by section 70(11) of the Extradition Act 2003^f4; or

(b)

an appeal brought in accordance with section 108(5) and (6) of the Extradition Act 2003^f5.

Annotations

Footnotes

f1: 2003 c. 41; subsection (4) of section 108 of the Extradition Act 2003 was amended by paragraph 113 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
f2: Subject to exceptions which are not relevant to this Order, any function which falls under Part 2 of the Extradition Act 2003 to be exercised in relation to Scotland only is exercisable by the Scottish Ministers (see section 141 of that Act).
f3: 1998 c. 42.
f4: Subsection (11) of section 70 of the Extradition Act 2003 was inserted by paragraph 11 of Schedule 20 to the Crime and Courts Act 2013 with effect from 17th September 2021 for Scotland.
f5: Subsections (5) and (6) of section 108 of the Extradition Act 2003 were inserted by paragraph 12 of Schedule 20 to the Crime and Courts Act 2013 with effect from 17th September 2021 for Scotland. Subsections (5) and (6) were amended by paragraph 113 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 with effect from 17th September 2021 for Scotland.