Statutory Instrument 1991 No. 1701

The Extradition (Drug Trafficking) Order 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 1701

EXTRADITION

The Extradition (Drug Trafficking) Order 1991

Made	24th July 1991

Laid before

1st August 1991

Coming into force

26th September 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 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances ("the Convention") opened for signature at Vienna from 20th December 1988 until 28th February 1989 and subsequently at the United Nations Headquarters, New York until 20th December 1989^[1] the terms of which are set out in Schedule 1 to this Order, will enter into force for the United Kingdom on 26th 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 between the United Kingdom and the foreign State, or any foreign State, party to the Convention:

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 (Drug Trafficking) Order 1991, and shall come into force on 26th September 1991.

    2.    Schedule 1 to the Extradition Act 1989 ("the 1989 Act")^[4] 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 by paragraph 2 of Article 6 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties shall be construed accordingly. The Convention entered into force for those States on the dates 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 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 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] Cm 804.

[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 Co-operation) Act 1990 (c. 5).

[3] 1989 c. 33; section 22 was amended by section 22 of the Criminal Justice (International Co-operation) Act 1990.

[4] Paragraph 15 of Schedule 1 to the 1989 Act was amended bt section 22 of the Criminal Justice (International Co-operation) Act 1990.

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