1

(1)    This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2007 and, subject to paragraph (2), shall come into force on the expiry of one week beginning with the day on which it was made.

(2)    The coming into force of article 2(2) shall not apply to a request in respect of which a person has been arrested under a provisional warrant issued under section 73(3) of the Extradition Act 2003 before the coming into force of this Order.

NOTES
Initial Commencement
Specified date

Specified date: 2 August 2007: see para (1) above.

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2

2

(1)    Article 2(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended by inserting “Algeria” after “Albania”.

(2)    Article 4(2) of the same Order is amended by omitting “Bosnia and Herzegovina (65 days)”.

NOTES
Initial Commencement
Specified date

Specified date: 2 August 2007: see art 1(1).

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3

3

Article 2(2) of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 is amended by inserting “Gibraltar” after “Germany”.

NOTES
Initial Commencement
Specified date

Specified date: 2 August 2007: see art 1(1).

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Signature

Lord West of Spithead

Parliamentary Under Secretary of State

Home Office

26th July 2007

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EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

Instruments of ratification of a new extradition treaty between the United Kingdom and the People's Democratic Republic of Algeria were exchanged on February 25th 2007. Algeria is therefore now being designated, by article 2(1), as a category 2 territory for the first time.

Gibraltar is a party to Council Framework Decision 2002/584/JHA. It has now passed its own law implementing that Framework Decision and therefore now needs to be designated as a category 1 territory. This is done by article 3 of this Order.

Bosnia and Herzegovina were designated in article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003, as amended, for the purposes of sections 71(4), 73(5), 84(7) and 86(7) of the Extradition Act 2003. This was as a result of their ratification of the European Convention on Extradition. That Convention only allows a person to be held in provisional detention, pending the receipt of an extradition request, for a period of 40 days. Article 2(2) of this Order therefore has the effect of bringing that provision into effect.

Article 1(2) of this Order is a transitional provision, which ensures that the change in designation does not apply where a person has already been provisionally arrested in respect of a request from Bosnia and Herzegovina.

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