Repatriation of Prisoners Act 1984
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Change 1
8 Interpretation and certificates.
(1) In this Act, except in so far as the context otherwise requires— “enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament; ... “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; 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. (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 relevant Minister— (a) that a particular country or territory is a party to any such international arrangements as are mentioned in section 1(1)(a) or 4A(5)(a) above, (b) that the appropriate authority of a country or territory which is a 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, (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. (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; ... (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.
8 Interpretation and certificates.
(1) In this Act, except in so far as the context otherwise requires— “enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament; ... “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; 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. (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 relevant Minister— (a) that a particular country or territory is a party to any such international arrangements as are mentioned in section 1(1)(a) or 4A(5)(a) above, (b) that the appropriate authority of a country or territory which is a 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, (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. (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; ... (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.
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