The European Convention on Extradition (Czech and Slovak Federal Republic) (Amendment) Order 1992

Statutory Instruments

1992 No. 2663

EXTRADITION

The European Convention on Extradition (Czech and Slovak Federal Republic) (Amendment) Order 1992

Made

28th October 1992

Laid before Parliament

10th November 1992

Coming into force

1st December 1992

At the Court at Buckingham Palace, the 28th day of October 1992

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the European Convention on Extradition (“the Convention”)(1) opened for signature at Paris on 13th December 1957 entered into force for the United Kingdom on 14th May 1991:

And whereas the Czech and Slovak Federal Republic ratified the Convention on 15th April 1992 and made the reservation set out in article 2(b) of this Order:

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 Extradition Act 1989(3), 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.  This Order may be cited as the European Convention on Extradition (Czech and Slovak Federal Republic) (Amendment) Order 1992 and shall come into force on 1st December 1992.

2.  The European Convention on Extradition Order 1990(4) shall be amended as follows:—

(a) In part I of Schedule 2 (which names the States parties to the Convention), at the appropriate point in the alphabetical order, the following entry shall be inserted:—

• “Czech and Slovak Federal Republic”

(b) In Schedule 3 (which sets out the reservations and declarations made by States parties to the Convention), the following Part shall be inserted after Part 2:—

“PART 2A CZECH AND SLOVAK FEDERAL REPUBLIC

Reservation

Article 21, paragraph 5

Under the terms of the Article 21.5, the transit of a person within the meaning of Article 21 will be granted only on conditions applied in cases of extradition.”

(c) In Schedule 5, for the heading “ORDERS REVOKED”, there shall be substituted the following heading, namely:—

“PART 1

ORDERS REVOKED WITH EFFECT FROM 14TH MAY 1991”

• and, at the end there shall be added the following Part, namely:—

  “PART 2 ORDER REVOKED WITH EFFECT FROM 1ST DECEMBER 1992

  Order in Council dated November 20th 1926 directing that the Extradition Acts shall apply in the case of the Czechoslovak Republic (S.R.&O. 1926/1466).”.

  (d)

  In article 5(1) (which revokes certain Orders), for the words “Schedule 5 to this Order are hereby revoked.” there shall be substituted the words “any Part of Schedule 5 to this Order are hereby revoked with effect from the date specified in the heading to the Part in question.”.

  (e)

  In article 5(2) (which contains transitional provisions and savings), for the words “the Orders” there shall be substituted the words “an Order”, in sub-paragraph (a) thereof, for the words “this Order came into force;” there shall be substituted the words “the revocation of the Order in question took effect;” and, in sub-paragraph (b) thereof, for the words “they relate” there shall be substituted the words “it relates”.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st December 1992, amends the European Convention on Extradition Order 1990 by adding the Czech and Slovak Federal Republic to the States parties to the European Convention on Extradition listed in Schedule 2 to the 1990 Order. It also adds the reservation made by that State to the reservations and declarations set out in Schedule 4 to the 1990 Order and has the effect of revoking the Order in Council embodying the extradition treaty between the United Kingdom and the Czechoslovak Republic to the extent that it applies to the United Kingdom, the Channel Islands and the Isle of Man.

(1)

Cm 1762.

(2)

1870 c. 52.

(3)

1989 c. 33.

(4)

S.I. 1990/1507.