The Extradition (Overseas Territories) Order 2002

14.  The following shall be added to section 35 as subsections (3) and (4) thereof:

“(3) (a) In their application to the British Antarctic Territory and subject to paragraph (b) below, references in this Act to a superior court of a listed territory are references to the Supreme Court of that Territory.

(b) Without prejudice to the generality of sections 3 and 4 of the Falkland Islands Courts (Overseas Jurisdiction) Order 1989, the jurisdiction and powers conferred on the Supreme Court of the Falkland Islands by those sections include the jurisdiction to hear and determine any matter that may under this Act be heard and determined by the Supreme Court of the British Antarctic Territory and all powers that under this Act are vested in the latter court; and all references in this Act to the latter court (including references to the stating of a case to it or to appeals from its decisions) shall be construed accordingly.

(c) Where it appears to the Judge of the Supreme Court of the British Antarctic Territory that any proceedings that have been instituted under this Act before that court could more appropriately be pursued, by virtue of paragraph (b) above, before the Supreme Court of the Falkland Islands, he may, after consultation with the Chief Justice of the Falkland Islands, so order and may give any necessary directions for that purpose.

(d) In this subsection, but subject to paragraph (b) above, references to the Supreme Court of the British Antarctic Territory are references to the court established by Part II of the Administration of Justice Ordinance 1990 of the British Antarctic Territory; and references in this subsection and in section 19(6) above to the Supreme Court of the Falkland Islands are references to the court established by section 77 of the Constitution of the Falkland Islands set out in Schedule 1 to the Falkland Islands Constitution Order 1985(1).

(4) For the avoidance of doubt, any of the functions conferred by this Act on the Commissioner (whether expressly so referred to or referred to as the Governor) or the Administrator or the Senior Magistrate may be performed either within or outside the British Antarctic Territory.”.

(1)

S.I. 1985/444.