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Section 101: Making of order for extradition or discharge

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 2: Extradition to category 2 territories

An order to which this section applies must be made under the hand of one of these—

the Secretary of State;
a Minister of State;
a Parliamentary Under-Secretary of State;
a senior official.

But, in relation to Scotland, an order to which this section applies must be made under the hand of one of these—

a member of the Scottish Executive or a junior Scottish Minister;
a senior official who is a member of the staff of the Scottish Administration.

This section applies to—

an order under section 93 for a person's extradition;
an order under section 93 or 123 for a person's discharge.

A senior official is—

a member of the Senior Civil Service;
a member of the Senior Management Structure of Her Majesty's Diplomatic Service.

If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the statutory civil service (or any part of it), he may by order make such amendments to subsection (4) as appear to him appropriate to preserve (so far as practicable) the effect of that subsection.

In subsection (5) "the statutory civil service" means the civil service within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.