Extradition Act 1989

5Procedure for designation etc

(1)Her Majesty may by Order in Council designate for the purposes of section 1(2) above any country for the time being mentioned in Schedule 3 to the [1981 c. 61.] British Nationality Act 1981 (countries whose citizens are Commonwealth citizens); and any country so designated is in this Act referred to as a “designated Commonwealth country”.

(2)This Act has effect in relation to all colonies.

(3)Her Majesty may by Order in Council direct that this Act shall have effect in relation to the return of persons to, or in relation to persons returned from, any designated Commonwealth country or any colony subject to such exceptions, adaptations or modifications as may be specified in the Order.

(4)Any Order under this section may contain such transitional or other incidental and supplementary provisions as may appear to Her Majesty to be necessary or expedient.

(5)For the purposes of any Order in Council under subsection (1) above, any territory for the external relations of which a Commonwealth country is responsible may be treated as part of that country or, if the Government of that country so requests, as a separate country.

(6)Any Order in Council under this section, other than an Order to which subsection (7) below applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)No recommendation shall be made to Her Majesty in Council to make an Order containing any such direction as is authorised by subsection (3) above unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.