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(b) when the period permitted for applying to the House of Lords for leave | |
to appeal to it ends, if the Court of Appeal refuses leave to appeal and | |
there is no application to the House of Lords for leave to appeal; | |
(c) when the House of Lords refuses leave to appeal to it; | |
(d) at the end of the permitted period, which is 28 days starting with the | 5 |
day on which leave to appeal to the House of Lords is granted, if no | |
such appeal is brought before the end of that period. | |
(4) These must be ignored for the purposes of subsections (2) and (3)— | |
(a) any power of a court to extend the period permitted for giving notice of | |
appeal or of application for leave to appeal or for applying for leave to | 10 |
appeal; | |
(b) any power of a court to grant leave to take a step out of time. | |
(5) Subsections (2) to (4) do not apply to Scotland. | |
198 Other interpretative provisions | |
(1) References to a category 1 territory must be read in accordance with section 1. | 15 |
(2) References to a category 2 territory must be read in accordance with section 68. | |
(3) References to a Part 1 warrant must be read in accordance with section 2. | |
(4) References to a Part 3 warrant must be read in accordance with section 141. | |
(5) References to a valid request for a person’s extradition must be read in | |
accordance with section 69. | 20 |
(6) The European framework decision is the framework decision of the Council of | |
the European Union made on 13 June 2002 on the European arrest warrant and | |
the surrender procedures between member states (2002/584/JHA). | |
(7) “High Court” in relation to Scotland means the High Court of Justiciary. | |
(8) “Police officer” in relation to Northern Ireland has the same meaning as in the | 25 |
Police (Northern Ireland) Act 2000 (c. 32). | |
(9) A provisional warrant is a warrant issued under section 72(3). | |
(10) This section and sections 196 and 197 apply for the purposes of this Act. | |
General | |
199 Form of documents | 30 |
The Secretary of State may by regulations prescribe the form of any document | |
required for the purposes of this Act. | |
200 Repeals | |
The Schedule contains repeals. | |
201 Commencement | 35 |
The preceding provisions of this Act come into force in accordance with | |
provision made by the Secretary of State by order. | |
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202 Existing legislation on extradition | |
An Order in Council may amend or repeal any provision of these Acts— | |
(a) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45); | |
(b) the Extradition Act 1989 (c. 33). | |
203 Channel Islands and Isle of Man | 5 |
An Order in Council may provide for this Act to extend to any of the Channel | |
Islands or the Isle of Man with the modifications (if any) specified in the Order. | |
204 Orders and regulations | |
(1) References in this section to subordinate legislation are to— | |
(a) an order of the Secretary of State under this Act (other than an order | 10 |
within subsection (2)); | |
(b) an order of the Treasury under this Act; | |
(c) regulations under this Act. | |
(2) The orders referred to in subsection (1)(a) are— | |
(a) an order for a person’s extradition or discharge; | 15 |
(b) an order deferring proceedings on a warrant or request; | |
(c) an order deferring a person’s extradition in pursuance of a warrant or | |
request. | |
(3) Subordinate legislation— | |
(a) may make different provision for different purposes; | 20 |
(b) may include supplementary, incidental, saving or transitional | |
provisions. | |
(4) A power to make subordinate legislation is exercisable by statutory | |
instrument. | |
(5) A statutory instrument is subject to annulment in pursuance of a resolution of | 25 |
either House of Parliament if it contains subordinate legislation other than an | |
order under section 3(3), 5(2), 141(10), 171(4) or 201. | |
(6) No order may be made under section 3(3), 5(2), 141(10) or 171(4) unless a draft | |
of the order has been laid before Parliament and approved by a resolution of | |
each House. | 30 |
205 Orders in Council | |
(1) An Order in Council under any provision of this Act other than section 203 is | |
subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
(2) An Order in Council under this Act— | 35 |
(a) may make different provision for different purposes; | |
(b) may include supplementary, incidental, saving or transitional | |
provisions. | |
(3) A territory may be designated by being named in an Order in Council under | |
this Act or by falling within a description set out in such an Order. | 40 |
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(4) An Order in Council under section 1 or 68 may provide that this Act has effect | |
in relation to a territory designated by the Order with specified modifications. | |
206 Finance | |
The following are to be paid out of money provided by Parliament— | |
(a) any expenditure incurred by the Lord Chancellor under this Act; | 5 |
(b) any increase attributable to this Act in the sums payable out of money provided | |
by Parliament under any other enactment. | |
207 Extent | |
(1) Sections 155 to 158, 164 to 166, 169 and 171 do not extend to Scotland. | |
(2) Section 182 applies to Scotland only. | 10 |
(3) Sections 183 and 184 extend to Northern Ireland only. | |
208 Short title | |
This Act may be cited as the Extradition Act 2003. | |
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