Police and Justice Act 2006

Extradition E+W

42 Amendments to the Extradition Act 2003 etc E+W

Schedule 13 (which in Part 1 makes amendments to the Extradition Act 2003 (c. 41) and in Part 2 makes other amendments concerning extradition) has effect.

Commencement Information

I1 S. 42 in force at 15.1.2007 for specified purposes by S.I. 2006/3364, art. 2(d)

43 Designation of United States of America E+W

(1) In article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) (territories designated for the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003) the entry for the United States of America is omitted.

(2) An order bringing subsection (1) into force is not to be made—

(a) within the period of 12 months beginning with the day on which this Act is passed, or

(b) if instruments of ratification of the 2003 treaty have been exchanged.

In this subsection “the 2003 treaty” means the Extradition Treaty between the United Kingdom of Great Britain and Northern Ireland and the United States of America signed at Washington on 31st March 2003.

(3) Subject to subsection (2), if after the end of the period mentioned in subsection (2)(a) a resolution is made by each House of Parliament that subsection (1) should come into force, the Secretary of State shall make an order under section 53 bringing it into force.

(4) An order made by virtue of subsection (3) must bring subsection (1) into force no later than one month after the day on which the resolutions referred to in subsection (3) are made or, if they are made on different days, the day on which the later resolution is made.

(5) If subsection (1) is brought into force, it does not affect the power of the Secretary of State to make a further order under section 71(4), 73(5), 84(7) or 86(7) of the Extradition Act 2003 amending article 3 of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 so as to add a reference to the United States of America.

(6) An order such as is mentioned in subsection (5) may include provision repealing this section.

Commencement Information

I2 S. 43 partly in force; s. 43(2)-(6) in force at Royal Assent see s. 53(1)(2)