Statutory Instrument 1991 No. 1699

The Extradition (Aviation Security) Order 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 1699

EXTRADITION

The Extradition (Aviation Security) Order 1991

Made	24th July 1991

Laid before Parliament

1st August 1991

Coming into force

22nd August 1991

At the Court at Buckingham Palace, the 24th day of July 1991

Present,

The Queen's Most Excellent Majesty in Council

Whereas the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation which was signed at Montreal on 23rd September 1971, ("the Convention")^[1] the terms of which are set out in Part I of Schedule 1 to this Order, entered into force for the United Kingdom on 24th November 1973:

And whereas the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention, which was signed at Montreal on 24th February 1988, ("the Protocol")^[2] the terms of which are set out in Part II of Schedule 1 to this Order, entered into force for the United Kingdom on 15th December 1990:

And whereas the States mentioned in Part I of 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^[3] are in force:

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

And whereas the States mentioned in Part IA 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 the States mentioned in Part IB of Schedule 3 to this Order are foreign States in respect of which the Protocol 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^[4] provides that where general extradition arrangements have not been made with a State which is a party to the Convention or, as the case may be, a party to the Protocol, 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 or, as the case may be, the Protocol constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention or, as the case may be, to the Protocol:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 2 and 21 of the Extradition Act 1870, and sections 4(1), 22(3) and 37(3) of the Extradition Act 1989 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 Extradition (Aviation Security) Order 1991, and shall come into force on 22nd August 1991.

    2.    Schedule 1 to the Extradition Act 1989 ("the 1989 Act")^[5]shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule as supplemented, in the case of a State mentioned in Part I of Schedule 2 to this Order, by paragraphs 1 and 4 of Article 8 of the Convention, and in the case of a State mentioned in Part II of Schedule 2 to this Order, by paragraphs 1 and 4 of Article 8 of the Convention as applied by Article 1 of the Protocol; the Orders in Council which give effect to the said extradition treaties shall be construed accordingly. The dates of entry into force of the Convention and the Protocol for those States are specified in the third column of the said Schedule 2.

    3.    The 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State mentioned in Part I of Schedule 3 to this Order (being States in respect of which the Convention or, as the case may be, the Protocol entered into force on the dates specified in the second column of Part I of that Schedule) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.

    4.    The following Orders in Council are hereby revoked:-
The Extradition (Protection of Aircraft) Order 1973^[6]


The Extradition (Protection of Aircraft) (Amendment) Order 1982^[7]


The Extradition (Protection of Aircraft) (Amendment) Order 1985^[8]


The Extradition (Protection of Aircraft) (Amendment) Order 1986^[9]


The Extradition (Protection of Aircraft) (Amendment) Order 1987^[10]


The Extradition (Protection of Aircraft) (Amendment) Order 1988^[11]

    5.    The operation of this Order is limited to the United Kingdom.

G. I. de Deney

Clerk of the Privy Council

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Notes:

[1] Cmnd. 5524.

[2] Cm 1470.

[3] 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 49 of the Aviation and Maritime Security Act 1990 (c. 31).

[4] 1989 c. 33; section 22 was amended by section 53 of the Aviation and Maritime Security Act 1990 and paragraph 9 of Schedule 3 to that Act.

[5] Paragraph 15 of Schedule 1 to the 1989 Act was amended by section 53 and paragraph 9 of Schedule 3 to the Aviation and Maritime Security Act 1990.

[6] S.I. 1973/1756.

[7] S.I. 1982/148.

[8] S.I. 1985/1991.

[9] S.I. 1986/2014.

[10] S.I. 1987/2043.

[11] S.I. 1988/2245.

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