Part 2

Extradition to category 2 territories

Secretary of State’s functions

Making of order for extradition or discharge
101
1
An order to which this section applies must be made under the hand of one of these—
a
the Secretary of State;
b
a Minister of State;
c
a Parliamentary Under-Secretary of State;
d
a senior official.
2
But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these—
a
a member of the Scottish Executive or a junior Scottish Minister;
b
a senior official who is a member of the staff of the Scottish Administration.
3
This section applies to—
a
an order under section 93 for a person’s extradition;
b
an order under section 93 or 123 for a person’s discharge.
4
A senior official is—
a
a member of the Senior Civil Service;
b
a member of the Senior Management Structure of Her Majesty’s Diplomatic Service.
5
If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the statutory civil service (or any part of it) , he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection.
6
In subsection (5) “
the statutory civil service
” means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Words in s. 101(5) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52, Sch. 2 para. 14(2); S.I. 2010/2703, art. 2(a)
S. 101(6) inserted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 19, 52, Sch. 2 para. 14(3); S.I. 2010/2703, art. 2(a)
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))