The Extradition (Drug Trafficking) (Certain Territories) Order 1994

Statutory Instruments

1994 No. 2794

EXTRADITION

The Extradition (Drug Trafficking) (Certain Territories) Order 1994

Made

2nd November 1994

Laid before Parliament

14th November 1994

Coming into force in accordance with Article 1

At the Court at Buckingham Palace, the 2nd day of November 1994

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 2 and 21 of the Extradition Act 1870(1) and sections 4(1), 22(3), 30(1) and 37(3) of the Extradition Act 1989(2) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Extradition (Drug Trafficking) (Certain Territories) Order 1994, and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Convention on the Illicit Traffic in Narcotic Drugs and Psychotropic Substances(3) enters into force in respect of the Territories specified in Part II of the Schedule to this Order.

2.  The Extradition (Drug Trafficking) Order 1991 (“the 1991 Order”)(4) shall be amended as follows:—

(a) For Article 4 there shall be substituted the following articles—

“4.   Schedule 1 to the 1989 Act shall apply in the case of a State mentioned in Schedule 4 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule (being treaties which continue to apply in respect of extradition between that State and one or more of the Territories specified in Schedule 5 to this Order) as supplemented by paragraph 2 of Article 6 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties and which are listed in the fourth column of the said Schedule 2 shall be amended accordingly. The Convention entered into force for those States on the dates specified in the third column of the said Schedule 4.

5.   An offence mentioned in section 22(4)(h) of the 1989 Act shall, in relation to a Territory specified in Schedule 5 to this Order, be read as including a reference to an equivalent offence under the law of the Territory.

6.   The operation of this Order is limited to the United Kingdom and the Territories specified in Schedule 5 to this Order.”.

(b) After Schedule 3 to the 1991 Order there shall be added the schedules specified in Part I and Part II of the Schedule to this Order.

N. H. Nicholls

Clerk of the Privy Council

Article 2(b)

SCHEDULE NEW SCHEDULES 4 AND 5

Part I

Article 4

SCHEDULE 4 FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH EXTRADITION TREATIES ARE IN FORCE IN RELATION TO EXTRADITION BETWEEN THOSE STATES AND ONE OR MORE OF THE TERRITORIES SPECIFIED IN SCHEDULE 5

State	Date of Extradition Treaty	Date of entry into force of Convention	Order in Council
Czech Republic	11th November 1924	2nd September 1991	1926/1466
Denmark	31st March 1873	18th March 1992	26th June 1873
Finland	29th October 1975	16th May 1994	1976/1037
France	14th August 1876	31st March 1991	16th May 1878
Germany	14th May 1872 (reapplied and amended by the Agreement of 23rd February 1960)	28th February 1994	1960/1375
Greece	24th September 1910	27th April 1992	1912/193
Italy	5th February 1873	31st March 1991	24th March 1873
Luxembourg	24th November 1880	28th July 1992	21st March 1881
Netherlands	26th September 1898	7th December 1993	1899/83
Portugal	17th October 1892	2nd March 1993	1894/102
Slovakia	11th November 1924	2nd September 1991	1970/1111
Spain	22nd July 1985	11th November 1990	1986/766
Sweden	26th April 1963	20th October 1990	1966/226

Part II

Article 6

SCHEDULE 5 TERRITORIES TO WHICH THIS ORDER EXTENDS

• Isle of Man

• Anguilla

• Bermuda

• Cayman Islands

• Montserrat

• Turks and Caicos Islands

• Virgin Islands

Explanatory Note

(This note is not part of the Order)

This Order extends the operation of the Extradition (Drug Trafficking) Order 1991 to the Territories specified in the new Schedule 5 to that Order.

(1)

1870 c. 52; the Act was repealed by the Extradition Act 1989, with the savings mentioned in section 37 of that Act.

(2)

1989 c. 33.

(3)

Cm. 804.

(4)

S.I. 1991/1701.