The European Union Extradition Regulations 2002

Draft Regulations laid before Parliament under secion 112(7) of the Anti-terrorism, Crime and Security Act 2001 for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2002 No.

EXTRADITION

The European Union Extradition Regulations 2002

Made

2002

Coming into force on a date to be notified in the London, Edinburgh and Belfast Gazettes

Whereas the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union (referred to in these Regulations as “the 1995 Convention”)(1), the terms of which are set out in Schedule 1 to these Regulations, was opened for signature in Brussels on 10th March 1995 and was signed by the United Kingdom on that date;

And whereas the United Kingdom has made the reservation, declarations and statements set out in Schedule 2 to these Regulations;

And whereas the States listed in Schedule 3 to these Regulations are parties to the Convention and have made the reservations, declarations and statements set out in Schedule 4 to these Regulations;

And whereas the Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to Extradition between the Member States of the European Union (referred to in these Regulations as “the 1996 Convention”)(2) the terms of which are set out in Schedule 5 to these Regulations, was opened for signature in Dublin on 27th September 1996 and was signed by the United Kingdom on that date;

And whereas the United Kingdom has made the declarations and statements set out in Schedule 6 to these Regulations;

And whereas the States listed in Schedule 7 to these Regulations are parties to the Convention and have made the reservations, declarations and statements set out in Schedule 8 to these Regulations;

And whereas the 1995 Convention and the 1996 Convention are third pillar measures for the purposes of section 111(1) of the Anti-terrorism, Crime and Security Act 2001 (3) by virtue of section 111(2)(a) and (b) of that Act;

And whereas the said section 111(1) provides that an authorised Minister may by regulations make provision for the purpose of implementing any obligation of the United Kingdom created or arising by or under any third pillar measure, or enabling any such obligation to be implemented, or for the purpose of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of any third pillar measure to be exercised, or for the purpose of dealing with matters arising out of or related to any such obligation or rights;

And whereas, under section 112(1) and (3) of the said Act, the Secretary of State is an authorised Minister for the purposes of the said section 111(1);

And whereas a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament;

Now, therefore, in exercise of the powers conferred upon him by the said section 111(1) and (3), the Secretary of State hereby makes the following Regulations:

(1)

Cm. 2958.

(2)

Cm. 3533.

(3)

2001 c. 24.