F163[45B. (1) Where a national or resident of another state from which he or she is surrendered—

(a) is surrendered to the State pursuant to a Trade and Cooperation Agreement arrest warrant or an arrest warrant within the meaning of the EU-Iceland Norway Agreement with a view to being prosecuted in the State, and

(b) whose surrender is subject to the condition that he or she, after being so prosecuted, is returned to that other state in order to serve any custodial sentence or detention order imposed upon him or her in the State,

the Minister shall, following the final determination of the proceedings and if the person consents, issue a warrant under section 5 of that Act for the transfer of the person from the State to that state in order to serve there any custodial sentence or detention order so imposed.

(2) Where a national or resident of another state from which he or she is surrendered—

(a) is surrendered to the State pursuant to a European arrest warrant with a view to being prosecuted in the State, and

(b) whose surrender is subject to the condition that he or she, after being so prosecuted, is returned to that other state in order to serve any sentence (within the meaning of the Act of 2023) imposed upon him or her in the State,

the Minister shall, following the final determination of the proceedings, forward the judgment in the proceedings together with a copy of a Framework Decision Certificate (within the meaning of the Act of 2023) to that other state in order for the person to serve there any sentence so imposed.

(3) For the purposes of subsection (1)—

(a) a reference to the administering state in the Act of 1995 shall be construed as a reference to the state from which a person under subsection (1) is surrendered,

(b) a person to whom subsection (1) applies shall be deemed to have made an application under section 4(1) of the Act of 1995, and

(c) the state from which the person under subsection (1) is surrendered shall be deemed to have agreed under section 4(3)(f) of the Act of 1995 to the transfer.

(4) For the purposes of subsection (2), Part 2 of the Act of 2023 shall apply in respect of a judgment referred to in that subsection as it applies to a judgment to which that Part applies, subject to the following modifications:

(a) the competent authority of the state from which a person under subsection (2) is surrendered shall be deemed to have made an application within the meaning of Part 2 of the Act of 2023;

(b) a reference in Part 2 of the Act of 2023 to the executing state shall be construed as a reference to the state from which a person under subsection (2) is surrendered;

(c) where paragraph (c) of section 14 of the Act of 2023 applies, the competent authority of the executing state shall be deemed to have given its consent under that provision;

(d) any other necessary modifications.

(5) In this section—

"Act of 1995" means the Transfer of Sentenced Persons Act 1995;

"Act of 2023" means the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023.]]