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Constitutional Reform Act 2005
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- UK Public General Acts
- 2005 c. 4
- SCHEDULE 4
- Part 1
- Extradition Act 2003 (c....
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Constitutional Reform Act 2005, Cross Heading: Extradition Act 2003 (c. 41) is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Extradition Act 2003 (c. 41)U.K.
352U.K.The Extradition Act 2003 is amended as follows.
353(1)Section 67 (the appropriate judge) is amended as follows.U.K.
(2)In subsection (1)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”.
(3)In subsection (1)(c) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”.
(4)After subsection (4) insert—
“(5)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).
(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).”
354(1)Section 139 (the appropriate judge) is amended as follows.U.K.
(2)In subsection (1)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”.
(3)In subsection (1)(c) for “Lord Chancellor” substitute “ Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”.
(4)After subsection (4) insert—
“(5)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).
(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).”
355U.K.In section 185 (free legal aid: supplementary), in subsection (6) (meaning of appropriate judge)—
(a)in paragraph (a) for “by the Lord Chancellor” substitute “ under section 67 ”;
(b)in paragraph (b) for “by the Lord Chancellor” substitute “ under section 139 ”.
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