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3.—(1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following sub-paragraph, decide not to make an order or issue a warrant–
(a)under section 7 of the 1989 Act (an authority to proceed), or
(b)under section 12 of the 1989 Act ordering the person to be returned, or
(c)for the purposes of paragraph 2 above signifying his consent to an application for a provisional warrant.
(2) The circumstances referred to in the preceding sub-paragraph are–
(a)that the Secretary of State is not satisfied that provision is made by the law of the State requesting the return under which a person accused or convicted in the United Kingdom of the like offence as that with which the person whose return is sought is accused or convicted might be surrendered to the United Kingdom if found in that State, or
(b)that the person whose return is sought is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person.
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