(1)If the person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, an application may be made, by him or on his behalf, for his discharge.
(2)The application shall be made—
(a)in the case of an order made in England and Wales, to the High Court;
(b)in the case of an order made in Scotland, to the High Court of Justiciary.
(3)On an application under this section the court shall order the person’s discharge unless reasonable cause is shown for the delay.