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Scotland Act 1998

Executive Competence

The following functions have been included in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Extradition Act 1989 (c.33):

(a)

section 6(1) to (4) and (6) and (7);

Section 6(1) to (4) and (6) - The function of the Secretary of State of determining whether a person should be returned to another country and of giving consent to a person being dealt with for another offence being an extradition crime.

Section 6(7) - The function of the Secretary of State of issuing a certificate confirming the existence of an arrangement with a Commonwealth country or a colony and stating its terms.

(b)

section 7(1);

Section 7(1) and (4) - The functions of the Secretary of State of issuing an order for the surrender of a person under the Act (referred to as ‘an authority to proceed’).

(c)

sections 7(4), 8(4), 9(5), 11(1), 12, 13(1) and (4), 16(5) and 20(2).

Section 8(4) - The function of the Secretary of State of receiving a  notice that a provisional warrant has been issued and the function of cancelling that warrant and of discharging the person from custody.

Section 9(5) - The function of the Secretary of State of receiving notice of the period after which a person will fall to be discharged from custody.

Section 11(1) - The function of the Secretary of State of receiving notice of committal.

Section 12 - The function of the Secretary of State of making an order by warrant for return.

Section 13 - The function of the Secretary of State of giving notice under subsection (1) that he is contemplating making an order under section 12(1) and considering representations under subsection (4).

Section 16(5) - The function of the Secretary of State of receiving notice of an application for discharge.

Section 20(2) - The function of the Secretary of State of arranging for a person to be sent back to a foreign state, Commonwealth country or colony.

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