F3Supplementary and general provisions
C18 Interpretation and certificates.
1
In this Act, except in so far as the context otherwise requires—
F4“enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;
F11...
“order” includes any sentence, direction, warrant or other means of giving effect to the decision of a court or tribunal; and
“the prisoner” has the meaning given by section 1(1)(b) aboveF5; and
“the relevant person” has the meaning given by section 4A(5)(b).
2
In this Act a reference to criminal jurisdiction, in relation to a court or tribunal in a country or territory outside the British Islands, includes a reference to any jurisdiction which would be a criminal jurisdiction but for the age or incapacity of the persons in respect of whom it is exercised.
F122A
In this Act—
a
“international arrangements” includes any arrangements between the United Kingdom and a British overseas territory, and
b
references to a country or territory being a party to international arrangements include references to the country or territory being required to comply with provisions of a Framework Decision of the Council of the European Union (and references to international arrangements are to be construed accordingly).
3
In any proceedings, the certificate of the F1relevant Minister—
a
that a particular country or territory is a party to any such international arrangements as are mentioned in section 1(1)(a) F6 or 4A(5)(a) above,
b
that the appropriate authority of a country or territory which is F7a party to such international arrangements as are mentioned in section 1(1)(a) has agreed to the transfer of a particular person in accordance with any such arrangements,
F8ba
that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements, or
c
that, for the purposes of any provision of this Act, a particular person is or represents the appropriate authority of any country or territory,
shall be conclusive of the matter certified.
F24
In subsection (3) above, “relevant Minister” means–
a
the Scottish Ministers where the proceedings relate to a transfer which they have the responsibility under this Act to make or consider making; F9...
F10aa
the Department of Justice in Northern Ireland where the proceedings relate to a transfer which it has the responsibility under this Act to make or consider making; and
b
the Secretary of State in any other case.
S. 5 cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 15; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)