1997 No. 1765

Made22nd July 1997

Laid before Parliament1st August 1997

Coming into force1st September 1997

Whereas the Convention on the Physical Protection of Nuclear Material1 (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 19801 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 18702 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 19893 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 19834 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;