Statutory Instruments
PREVENTION AND SUPPRESSION OF TERRORISM
Made
20th October 1993
Coming into force
on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India enters into force.
Whereas India is a designated Commonwealth country within the meaning of the Extradition Act 1989(1): And whereas a draft of this Order has been approved by resolution of each House of Parliament: Now, therefore, in exercise of the powers conferred on me by section 5(1)(i) of the Suppression of Terrorism Act 1978(2), I hereby make the following Order:
1. This Order may be cited as the Suppression of Terrorism Act 1978 (Application of Provisions) (India) Order 1993 and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India enters into force.
2. The provisions of the Suppression of Terrorism Act 1978(3) and section 24(1) (a) and (2) (a) of the Extradition Act 1989 shall apply in relation to India as they apply in relation to a convention country.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
20th October 1993
(This note is not part of the Order)
This Order applies the Suppression of Terrorism Act 1978 and section 24(1) (a) and (2) (a) of the Extradition Act 1989 in relation to India. By virtue of the Order, the offences listed in Schedule 1 to the 1978 Act are not to be regarded as offences of a political character (extradition for which is precluded by section 6(1) (a) of the Extradition Act 1989) in relation to a request for the extradition of a person to India made after the Order comes into force.
The Order also extends in relation to India jurisdiction in the United Kingdom over certain of the more serious offences listed in Schedule 1 to that Act when committed outside the United Kingdom.
1989 c. 33. India was designated by S. I. 1991/1700.
1978 c. 26 (section 5 was amended by section 36(4)-(8) of the Extradition Act 1989).
The power in section 5(1)(i) of the 1978 Act enables the Secretary of State to direct in the case of a designated Commonwealth country that all or any of the provisions of that Act which would otherwise apply only in relation to convention countries shall apply in relation to that country as they apply in relation to a convention country. By reason of the repeal of section 3 of the 1978 Act (extraditable offences) by section 37(1) of the Extradition Act 1989 (c. 33), there is now no provision of the 1978 Act applying in relation to countries other than convention countries (although sections 1 and 2 apply only in relation to the Republic of Ireland, which became a convention country by virtue of S. I.1989/2210).