Section 7 Expenses.C1

United Kingdom

(1)

Subject to subsection (2) below, any expenses incurred by the Secretary of State for the purposes of this Act shall be defrayed out of money provided by Parliament.

(2)

Subject to subsections (3) and (4) below, it shall be the duty of the F1relevant Minister, in the case of the transfer of a person into the United Kingdom under this Act, to secure the payment to him by that person, or from some other source, of the amount of any expenses incurred by him in connection with the conveyance of that person to the United Kingdom; and for this purpose the relevant Minister shall have the same power as in any other case where he assists the return of a person to the United Kingdom to require a person to give an undertaking to pay the relevant Minister the whole or any part of that amount, to enforce such an undertaking and to make such other arrangements for recovering that amount as he thinks fit.

(3)

Subsection (2) above shall not apply to the extent that in any case it appears to the relevant Minister that it would be unreasonable for him to exercise any of the powers conferred by that subsection either because of the exceptional circumstances of the case or because the means of the prisoner are insufficient to meet the expenses and their recovery, whether immediately or at some future time, from the prisoner or from any other source is impracticable.

F2(3A)

In subsections (2) and (3) above, “relevant Minister” means–

(a)

the Scottish Ministers where the transfer is to Scotland; F3...

(F4aa)

the Department of Justice in Northern Ireland where the transfer is to Northern Ireland; and

(b)

the Secretary of State in any other case.

(4)

The expenses mentioned in subsections (2) and (3) above shall not include—

(a)

any expenses of providing an escort for a person transferred into the United Kingdom under this Act; or

(b)

any expenses of the conveyance of such a person beyond the place at which he first arrives in the United Kingdom.

(5)

The Secretary of State shall pay any sums received by him by virtue of subsection (2) above into the Consolidated Fund.

F5(5A)

The Scottish Ministers shall pay any sums received by them by virtue of subsection (2) above into the Scottish Consolidated Fund.

Annotations

Textual amendments

F1: Words in s. 7(2)(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(a)
F2: S. 7(3A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(b)
F3: Word in s. 7(3A)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 12(a) (with arts. 28-31)
F4: S. 7(3A)(aa) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 12(b) (with arts. 28-31)
F5: S. 7(5A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(8)(c)

Modifications

C1: Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(1)-(10)

Notes on Supplementary and general provisions

Textual amendments

F1: S. 5 cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 15; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)