Commencement Information
I1Act 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))
Textual Amendments
F1S. 155A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 24; S.I. 2006/3364, art. 2(d)(e)
Commencement Information
I2Act 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))
Valid from 25/01/2010
(1)Nothing in section 153A or 153C requires the return of a person to a territory in a case in which the Secretary of State is not satisfied that the return is compatible with the Convention rights within the meaning of the Human Rights Act 1998 or with the United Kingdom's obligations under the Refugee Convention.
(2)References in sections 153A and 153C and subsection (1) above to the Secretary of State are to be read as references to the Scottish Ministers in a case in which—
(a)a Part 3 warrant was issued in respect of the person to be returned, and
(b)the warrant was issued by a sheriff.
(3)The reference in subsection (1) to the Refugee Convention is to the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.]
Textual Amendments
F2Ss. 153A-153D inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 74(3), 116; S.I. 2009/3096, art. 3(q)