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The Extradition (Overseas Territories) Order 2002

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5.—(1) In this Act as it has effect under the law of a listed territory, “designated Commonwealth country” means any country that is for the time being a designated Commonwealth country under this Act as it has effect under the law of the United Kingdom.

(2) This Act has effect in relation to all British overseas territories.

(3) Subject to any provision made by the Governor of a territory under subsection (4) below, any Order of Her Majesty in Council made under section 5(3) of this Act as it has effect under the law of the United Kingdom, and any provision made by an Order of Her Majesty in Council in reliance on section 5(4) of this Act as it so has effect, shall have effect also under the law of a listed territory.

(4) The Governor of a listed territory may, by order made with the approval of the Secretary of State, direct that any Order of Her Majesty in Council made under section 5(3) of this Act as it has effect under the law of the United Kingdom, or any provision made by an Order of Her Majesty in Council in reliance on section 5(4) of this Act as it so has effect, shall not have effect under the law of that listed territory or shall have effect subject to such exceptions, adaptations or modifications as may be specified in the Governor’s order.

(5) The Governor of a listed territory may by order direct that this Act shall have effect in relation to the return of persons to, or in relation to persons returned from, any designated Commonwealth country or any British overseas territory subject to such exceptions, adaptations or modifications as may be specified in the order.

(6) Any order under this section may contain such transitional or other incidental and supplementary provisions as may appear to the Governor to be necessary or expedient.

(7) For the purposes of any order under section 5(1) of this Act as it has effect under the law of the United Kingdom, any territory for the external relations of which a Commonwealth country is responsible may be treated as part of that country or, if the Government of that country so requests, as a separate country.

(8) Any order made by the Governor of a territory under this section shall be published in the Official Gazette of the territory.

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