Textual Amendments
F1S. 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)
(1)In this Act, except in so far as the context otherwise requires—
[F2“enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;]
F3...
“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) above[F4; 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.
[F5(2A)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 [F6relevant Minister]—
(a)that a particular country or territory is a party to any such international arrangements as are mentioned in section 1(1)(a) [F7 or 4A(5)(a)] above,
(b)that the appropriate authority of a country or territory which is [F8a 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,
[F9(ba)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.
[F10(4)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; F11...
[F12(aa)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.]
Textual Amendments
F2Words in s. 8(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 96(3), 153(7); S.I. 2008/1586, art. 2(1), Sch. 1 para. 40
F3Words in s. 8(1) omitted (3.12.2014) by virtue of The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 114(7)(a)
F4Words in s. 8(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F5S. 8(2A) inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 114(7)(b)
F6Words in s. 8(3) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(9)(a)
F7Words in s. 8(3)(a) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(3)(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F8Words in s. 8(3)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(3)(b); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F9S. 8(3)(ba) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 18(3)(c); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
F10S. 8(4) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 75(9)(b)
F11Word in s. 8(4)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 13(a) (with arts. 28-31)
F12S. 8(4)(aa) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 8 para. 13(b) (with arts. 28-31)
Modifications etc. (not altering text)
C1Ss. 1-8: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, arts. 4(1), 8(1), Sch. 2 para. 1(10)