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Extradition Act 2003

Section 101: Making of order for extradition or discharge

288.This section specifies who may make an order that is required under this Part of the Act to be made by the Secretary of State.

289.Subsections (1) to (4) explain that an order for a person's extradition or discharge may be made by either the Secretary of State, a Minister of State, Parliamentary Under Secretary of State or a senior official. The last of these is defined as a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service. In Scotland such an order would be made by a member of the Scottish Executive, a junior Scottish Minister or a senior official of the Scottish Administration. Subsection (5) allows the Secretary of State, by order, to amend the category of senior officials authorised to make orders to take account of any future changes to structure or grading in the civil service.

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