The Extradition (Protection of Nuclear Material)Order 1997

Statutory Instruments

1997 No. 1765

EXTRADITION

The Extradition (Protection of Nuclear Material)Order 1997

Made

22nd July 1997

Laid before Parliament

1st August 1997

Coming into force

1st September 1997

At the Court at Buckingham Palace, the 22nd day of July 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Convention on the Physical Protection of Nuclear Material(1) (referred to in this Order as “the Convention” and set out in Schedule 1 to this Order) opened for signature at Vienna and New York on 3rd March 1980(1) was ratified by the United Kingdom on 6th September 1991:

And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870(2) are in force:

And whereas the States mentioned in Part I of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made:

And whereas section 22(3) of the Extradition Act 1989(3) provides that where general extradition arrangements have not been made with a state which is a Party to the convention, and no Order in Council under section 2 of the Extradition Act 1870 is in force in relation to that State, an Order in Council applying the 1989 Act may be made under section 4 of that Act as if the Convention constituted general extradition arrangements betwen the United Kingdom and the foreign State, or any foreign State, party to the Convention;

And whereas sections 1 and 2 of the Nuclear Material (Offences) Act 1983(4) provide for certain offences (being offences under the law of the United Kingdom and falling within the terms of Article 7 of the Convention) carried out in relation to or by means of nuclear material to constitute offences wherever carried out and irrespective of the nationality of the offender; and section 7 of that Act provides for it to be extended to the Channel Islands, the Isle of Man and every colony;

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) of the Extradition Act 1989, and section 7 of the Nuclear Material (Offences) Act 1983, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

(1)

Cmnd. 8112.

(2)

1870 c. 52. The Act was repealed by the Extradition Act 1989 with the savings mentioned in section 37 of that Act. For the purpose of those savings the Act has to be read with section 22(1) of the Criminal Justice (International

(3)

1989 c. 33.

(4)

1983 c. 18.