European Convention on Extradition Order 1990 (Amendment) Order 1996

1996 No. 2596

EXTRADITION

The European Convention on Extradition Order 1990 (Amendment) Order 1996

Made 15th October 1996

Laid before Parliament 25th October 1996

Coming into force

At the Court at Buckingham Palace, the 15th day of October 1996

Present,

The Queen’s Most Excellent Majesty in Council

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

And whereas Article 28, paragraph 2, of the Convention permits the contracting parties to conclude between themselves multilateral agreements to supplement the provisions of the Convention or to facilitate the application of the principles contained therein:

And whereas the Agreement between the Member States of the European Community on the Simplification and Modernisation of Methods of Transmitting Extradition Requests (“the Agreement”) opened for signature in San Sebastian on 26 May 1989:

And whereas the States listed in Schedule 2 to this Order are parties to the Agreement, and have made certain declarations, the terms of which are set out in Schedule 3 to this Order, including a declaration under Article 5, paragraph 3, of the Agreement, that they will apply the Agreement in their relations with other Member States who make the same declaration prior to the entry into force of the Agreement in accordance with Article 5, paragraph 2:

And whereas it is intended to ratify the Agreement and to make the declaration set out in Schedule 4 to this Order:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4 of the Extradition Act 19892, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —

S-1 This Order may be cited as the European Convention on...

1. This Order may be cited as the European Convention on Extradition Order 1990 (Amendment) Order 1996 and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Agreement becomes applicable in respect of the United Kingdom.

S-2 The European Convention on Extradition Order 1990 (“the 1990...

2. The European Convention on Extradition Order 19903(“the 1990 Order”) shall have effect as between the United Kingdom and those States listed at Schedule 2 to this Order as if the terms embodied in Schedule 1 to the 1990 Order were amended, subject to the declarations set out in Schedule 3 to this Order, by the terms of the Agreement recited at Schedule 1 to this Order.

S-3 The operation of this Order is limited to the United Kingdom,...

3. The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

THE AGREEMENT

The Agreement between the Member States of the European Communities on the Simplification and Modernisation of Methods of Transmitting Extradition Requests

THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, hereinafter referred to as “the Member States”,

DESIRING to improve mutual assistance in criminal matters in relations between them regarding extradition.

WHEREAS it is desirable to speed up the procedures for transmitting extradition requests and accompanying documents; whereas modern transmission techniques should therefore be used,

HAVE AGREED as follows:

1 ARTICLE 1

ARTICLE 1

SCH-1.1

1. For the purpose of applying the extradition agreements in force between Member States, each Contracting State shall designate the central authority or, where the constitutional system so requires, the central authorities responsible for transmitting and receiving extradition requests and the necessary supporting documents, as well as any other official correspondence relating to extradition requests.

SCH-1.2

2. Each Member State shall designate its authority in accordance with paragraph 1 when ratifying, approving or accepting this Agreement and may alter the designation at any time thereafter. The depositary of the Agreement shall inform each Contracting State of the authorities designated and of any subsequent alterations.

2 ARTICLE 2

ARTICLE 2

The extradition request and the documents referred to in Article 1(1) may be sent by facsimile transmission. Each authority designated under Article 1 shall be equipped with a facsimile machine for transmitting and receiving such documents and shall ensure that it is kept in proper working order.

3 ARTICLE 3

ARTICLE 3

SCH-1.1

1. In order to ensure the authenticity and confidentiality of the transmission, a cryptographic device fitted to the facsimile machine possessed by the authority under Article 1...

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