European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012

2.

Order.

2.— (1) In this section—

“Act of 2003” means the European Arrest Warrant Act 2003;

“European Union” has the same meaning as it has in the European Communities Act 1972;

F1[]

F2[‘relevant Member State’ has the same meaning as it has in the Act of 2003;]

F3[third country means a country other than the State or a relevant Member State;]

(2) Subject to subsections (3) and (4), the Minister for Foreign Affairs and Trade, after consultation with the Minister for Justice and Equality, may by order provide that all or any of the provisions of the Act of 2003 which would, apart from this section, apply only in relation to F3[relevant Member States] shall apply in relation to a third country.

(3) The Minister for Foreign Affairs and Trade may make an order under subsection (2) only where there is in force an agreement between the third country concerned and the European Union for the surrender of persons wanted for prosecution or punishment.

(4) The Minister for Foreign Affairs and Trade may include, in an order under subsection (2), only such conditions, exceptions and qualifications to the Act of 2003 in relation to the third country concerned as are contained in the agreement referred to in subsection (3).

(5) An order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either such House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Annotations:

Amendments:

F1

Deleted (30.03.2021) by European Union (European Arrest Warrant Act 2003) Regulations 2001 (S.I. No. 150 of 2021), reg. 39(a)(i), in effect as per reg. 1(2).

F2

Inserted (30.03.2021) by European Union (European Arrest Warrant Act 2003) Regulations 2001 (S.I. No. 150 of 2021), reg. 39(a)(ii), in effect as per reg. 1(2).

F3

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) Regulations 2001 (S.I. No. 150 of 2021), reg. 39(a)(iii), 39(b), in effect as per reg. 1(2).

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (31.12.2020 at 11:00pm) by European Arrest Warrant (Application to Third Countries) (United Kingdom) Order 2020 (S.I. No. 720 of 2020), in effect as per reg. 1(2).

E2

Power pursuant to subs. (2) exercised (15.09.2020) by European Arrest Warrant (Application to Third Countries) (Iceland and Norway) Order 2020 (S.I. No. 346 of 2020).