The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

PART 14 U.K. Extradition

Interpretation U.K.

52.  In this Part “ the 2003 Act” means the Extradition Act 2003 M1 .

Commencement Information

I1 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2003 c. 41.

Amendment of the 2003 Act U.K.

53.—(1) The 2003 Act is amended as follows.

(2) In section 204 (transmission of warrant by electronic means) M2 —

(a) in subsection (1)—

(i) in paragraph (a), omit the words from “in a case” until the end;

(ii) in paragraph (b), for “and the alert are” substitute “ is ”;

(b) omit subsection (2);

(c) in subsection (5), omit paragraph (a);

(d) in subsection (6), omit paragraph (a) together with the word “and” immediately after it.

(3) Omit section 212 (article 95 alerts) M3 .

(4) In section 215 (European framework list), omit subsections (2) and (3).

(5) In section 223 (orders and regulations) M4 , in subsection (6)(a), omit “section 215(2)”.

Commencement Information

I2 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 Section 204 was amended by section 67 of the Policing and Crime Act 2009 (c. 26) and by section 170 of, and paragraph 120 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

M3 Section 212 was amended by section 68 of the Policing and Crime Act 2009 (c. 26).

M4 Section 223 was amended but the amendments are not relevant for the purposes of this instrument.

Amendment of the Anti-social Behaviour, Crime and Policing Act 2014 U.K.

54.  In section 157 of the Anti-social Behaviour, Crime and Policing Act 2014 (proportionality) M5 , omit subsection (4).

Commencement Information

I3 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M5 2014 c. 12.

Amendment of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 U.K.

55.—(1) The Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 M6 is amended as follows.

(2) For article 2 (designated territories) substitute—

“Gibraltar is designated for the purposes of Part 1 of the Extradition Act 2003.”.

Commencement Information

I4 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M6 S.I. 2003/3333, as amended by S.I. 2004/1898, 2005/365, 2005/2036, 2006/3451, 2007/2238, and 2013/1583.

Amendment of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 U.K.

56.—(1) The Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 M7 is amended as follows.

(2) In article 2(2) insert, in the appropriate places, the territories listed in paragraph (4).

(3) In article 3(2) insert, in the appropriate places, the territories listed in in paragraph (4).

(4) The territories are—

• Austria;

• Belgium;

• Bulgaria;

• Croatia;

• Cyprus;

• Czech Republic;

• Denmark;

• Estonia;

• Finland;

• France;

• Germany;

• Greece;

• Hungary;

• [F1 Iceland;]

• Ireland;

• Italy;

• Latvia;

• Lithuania;

• Luxembourg;

• Malta;

• The Netherlands;

• [F2 Norway;]

• Poland;

• Portugal;

• Romania;

• Slovakia;

• Slovenia;

• Spain;

• Sweden.

Textual Amendments

F1 Word in reg. 56(4) inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 25(a)

F2 Word in reg. 56(4) inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 25(b)

Commencement Information

I5 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 S.I. 2003/3334, as amended by section 43(1) of the Police and Justice Act 2006 (c. 48) and S.I. 2004/1898, 2005/365, 2005/2036, 2006/3451, 2007/2238, 2008/1589, 2010/861, 2013/1583, and 2015/992.

Transitional provision U.K.

57.— [F3 (1)] Regulations 53(2), 55, and 56 do not apply in a case where, before commencement day—

(a) a person has been arrested under a Part 1 warrant (within the meaning of the 2003 Act);

(b) a person has been arrested under section 5 of the 2003 Act (provisional arrest) M8 , or

(c) a person has been extradited to or from the UK.

[F4 (2) See Article 62(1)(b) of the withdrawal agreement, Article 51 and Title IV of Part 3 of the EEA EFTA separation agreement and sections 7A to 7C of the Withdrawal Act.]

Textual Amendments

F3 Reg. 57 renumbered as reg. 57(1) (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 26(a)

F4 Reg. 57(2) inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 26(b)

Commencement Information

I6 Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M8 Section 5 was amended by section 378 of, and Schedule 16 to, the Armed Forces Act 2006 (c.52).