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[F1Supplementary and general provisions]U.K.

Textual Amendments

[F26ATransitE.W.S.

(1)The relevant Minister may issue a transit order where—

(a)the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of persons to whom subsection (2) applies; and

(b)the relevant Minister has received a request from the appropriate authority of that country or territory in accordance with those arrangements for the transit of a person to whom subsection (2) applies through a part of [F3the United Kingdom].

(2)A person falls within this subsection if—

(a)that person is for the time being required to be detained in a prison, a hospital or any other institution either—

(i)by virtue of an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or

(ii)by virtue of any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and

(b)except in a case where a transit request is made in the circumstances described in section 6D (1), that person is present in a country or territory outside the British Islands.

(3)The relevant Minister may issue a transit order where—

(a)international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (4) applies; and

(b)the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (4) applies through a part of [F4the United Kingdom].

(4)A person falls within this subsection if—

(a)that person is for the time being required to be detained in a prison, a hospital or any other institution either—

(i)by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or

(ii)by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and

(b)except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island.

(5)Terms used in subsection (2)(a) or (4)(a) have the same meaning as in section 1(7).

(6)In this section and sections 6B, 6C and 6D “transit order” means an order issued by the relevant Minister, in respect of a person who has been the subject of a request within subsection (1)(b) or (3)(b), which authorises the detention of that person in any part of [F5the United Kingdom] at any time when that person is in transit.

(7)In subsection (6) “detention” includes detention while the person is being taken from one place to another place within [F6the United Kingdom].

(8)A person may be detained pursuant to a transit order only for as long as is reasonable and necessary to allow the transit to take place.

(9)In this section and section 6B “relevant Minister” means—

(a)the Scottish Ministers, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

(i)be present only in Scotland, or

(ii)arrive in Scotland before being taken to another part of [F7the United Kingdom];

[F8(aa)the Department of Justice in Northern Ireland, in a case where it is proposed that the person who is the subject of a request under subsection (1)(b) or (3)(b) will, whilst in transit—

(i)be present only in Northern Ireland, or

(ii)arrive in Northern Ireland before being taken to another part of the United Kingdom;]

(b)the Secretary of State, in any other case.

(10)For the purposes of this section and sections 6B and 6C a person who is the subject of a transit order is “in transit” at any time during the period beginning with the arrival of that person in [F9the United Kingdom] and ending with the removal of that person from [F9the United Kingdom] .]

Textual Amendments