Extradition (Provisional Arrest) Bill [HL] (HL Bill 106)

continued     Part 2 continued    

17 In section 174 (interpretation), in subsection (2), after paragraph (d) insert—

“(e) section 74A.”

18 In section 193 (parties to international conventions), in subsection (4)(a),
after “74(11)(b)” insert “, 74A to 74E”.

19 5In section 194 (special extradition arrangements), in subsection (4)(a), after
“74(11)(b)” insert “, 74A to 74E”.

20 (1) Section 206B (live links: supplementary) is amended as follows.

(2) In subsection (5), after “(7)” insert “or (8) (as the case may be)”.

(3) In subsection (6)(b), for “or 74(3)” substitute “, 74(3) or 74A(3)”.

(4) 10After subsection (7) insert—

“(8) The requirement in section 74A(3) to bring the person before the
appropriate judge within 24 hours starting with the time of the arrest
is to be read as a requirement to bring the person before that judge
within 24 hours of the application being refused or the direction
15being rescinded.”

21 (1) In section 206C (live links: interpretation), subsection (4) is amended as
follows.

(2) In paragraph (c) omit “or” at the end.

(3) In paragraph (d), at the end insert “; or

(e) 20a certificate is issued under section 74B in respect of the
person.”

22 (1) In section 208 (national security), subsection (9) is amended as follows.

(2) In paragraph (b), for “or under a provisional warrant” substitute “, under a
provisional warrant or under section 74A”.

(3) 25In paragraph (c), after “74” insert “, 74D, 74E”.

23 (1) Section 216 (other interpretive provisions) is amended as follows.

(2) After subsection (2) insert—

“(2A) References in sections 74B and 74C to the designated authority must
be read in accordance with section 74B(4).”

30In subsection (3), at the start insert “Other”.

24 In section 223 (orders and regulations), after subsection (6) insert—

“(6A) No regulations under section 74B(7) may be made unless a draft of
the regulations has been laid before Parliament and approved by a
resolution of each House.”

UK Borders Act 2007

25 The UK Borders Act 2007 is amended as follows.

26 In section 2 (detention), in subsections (1) and (1A), at the end of paragraph

(a) (but before “or”) insert—

“(aa) is the subject of a certificate under section 74B of the
Extradition Act 2003,”.

27 In section 33 (exceptions to automatic deportation), in subsection (5), after
5paragraph (c) insert—

“(ca) is the subject of a certificate under section 74B of that Act,”.

Criminal Justice (Scotland) Act 2016 (asp 1)

28 In section 57A of the Criminal Justice (Scotland) Act 2016 (arrest without
warrant otherwise than in respect of an offence), in subsection (3)(e), for
10“section 5” substitute “sections 5 and 74A”.

Further consequential provision

29 (1) The Secretary of State may by regulations make further provision that is
consequential on the amendments made by this Schedule.

(2) Regulations under this paragraph may amend, repeal or revoke any
15provision made by primary legislation.

(3) Regulations under this paragraph may make transitional, saving or
incidental provision.

(4) Regulations under this paragraph are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this paragraph that
20amend, repeal or revoke a provision of primary legislation may not be made
unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

(6) Any other statutory instrument containing regulations under this paragraph
is subject to annulment in pursuance of a resolution of either House of
25Parliament.

(7) In this paragraph, “primary legislation” means—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of Senedd Cymru, or

(d) 30Northern Ireland legislation.