The European Convention on Extradition Order 1990

Statutory Instruments

1990 No. 1507

EXTRADITION

The European Convention on Extradition Order 1990

Made

24th July 1990

Laid before Parliament

1st August 1990

Coming into force

On a date to be notified in the London, Edinburgh and Belfast Gazettes

At the Court at Buckingham Palace, the 24th day of July 1990

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the European Convention on Extradition (hereinafter referred to as “the Convention”) the terms of which are set out in Schedule 1 to this Order, was opened for signature by Members of the Council of Europe on 13th December 1957:

And whereas the States listed in Schedule 2 to this Order are parties to the Convention, and have made certain reservations and declarations, the terms of which are set out in Schedule 3 to this Order:

And whereas the Convention provides for denunciation by means of a notice given by a party to it, such denunciation to take effect six months after the date when the Secretary-General of the Council of Europe receives such notice:

And whereas it is intended to ratify the Convention and to make the reservations and notification set out in Schedule 4 to this Order:

And whereas the Convention with the said reservations is in conformity with the provisions of the Extradition Act 1989 (“the 1989 Act”)(1), in particular with the restrictions on return contained in Part II of that Act:

And whereas section 4(1) of the 1989 Act provides that where general extradition arrangements have been made, Her Majesty may by Order in Council reciting or embodying their terms, direct that the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply between the United Kingdom and the foreign State or any foreign State with which they have been made, subject to the limitations, restrictions, exceptions and qualifications in the Order:

And whereas section 3(2) of the 1989 Act provides that for the purpose of extradition procedures under Part III of the Act, a State which is a party to the Convention may be treated as a foreign State:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 2 and 21 of the Extradition Act 1870(2) and sections 4(1) and 37(3) of the 1989 Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

(1)

1989 c. 33.

(2)

1870 c. 52.