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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)This section applies where it appears to the relevant Minister—
(a)that the prisoner should be transferred to another part of the United Kingdom for the purpose of attending criminal proceedings against him there, or
(b)that the attendance of the prisoner at a place in another part of the United Kingdom is desirable in the interests of justice, or for the purposes of any public inquiry.
(2)The relevant Minister may make an order for the transfer of the prisoner to that part of the United Kingdom.
(3)No such order shall be made—
(a)for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or
(b)for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.
(4)An order under this section shall be subject to such conditions (if any) as the relevant Minister thinks fit to impose.
Any such conditions may be varied or removed at any time.
(5)Where an order is made under this section—
(a)the warrant authorising the prisoner’s detention in the part of the United Kingdom from which he is transferred shall continue to have effect, and
(b)he shall be returned to that part of the United Kingdom when the purposes for which the order is made are fulfilled.
(6)In this section “the relevant Minister” means—
(a)in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and
(b)in relation to a person detained in Scotland, the Scottish Ministers.
Modifications etc. (not altering text)
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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