The European Convention on Extradition Order 2001

Statutory Instruments

2001 No. 962

EXTRADITION

The European Convention on Extradition Order 2001

Made

14th March 2001

Laid before Parliament

26th March 2001

Coming into force

17th April 2001

At the Court at Buckingham Palace, the 14th day of March 2001

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the European Convention on Extradition (referred to in this Order as “the Convention”)(1), the terms of which are set out in Schedule 1 to this Order, was opened for signature by Members of the Council of Europe at Paris on 13th December 1957 and entered into force for the United Kingdom on 14th May 1991:

And whereas the United Kingdom has made the reservations and a notification set out in Schedule 2 to this Order:

And whereas the States listed in Schedule 3 to this Order are parties to the Convention (and are each referred to in this Order as “a Convention State”) and have made the reservations, notifications and declarations set out in Schedule 4 to this Order:

And whereas section 3(2) of the Extradition Act 1989(2) (referred to in this Order as “the 1989 Act”) provides that, for the purpose of extradition procedures under Part III of the Act, a State which is a party to the Convention may be treated as a foreign State:

And whereas the Convention provides for denunciation by means of a notice given by a party to it, such denunciation to take effect six months after the date when the Secretary-General of the Council of Europe receives such notice:

And whereas the Convention, as it has effect in the United Kingdom, is in conformity with the provisions of the 1989 Act, in particular with the restrictions on return contained in Part II of that Act:

And whereas section 4(1) of the 1989 Act provides that, where general extradition arrangements have been made, Her Majesty may, by Order in Council reciting or embodying their terms, direct that the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply as between the United Kingdom and the foreign state, or any foreign state, with which they have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 4(1) and 37(3) of the 1989 Act, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

(1)

CM. 1762.

(2)

1989 c. 33.