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Amendments to the Extradition Bill

Extradition Bill


AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Marshalled List]


 

Clause 132

 

THE EARL OF MAR AND KELLIE

268A*Page 69, line 6, leave out "does not" and insert "shall"
 

Clause 166

 

THE EARL OF MAR AND KELLIE

285A*Page 91, line 42, leave out "subsections (9) and" and insert "subsection"
285B*Page 91, line 42, at end insert—
"(   )  In Scotland, the powers conferred by subsections (2) and (6) may be exercised only if the extradition arrest power under which the person has been arrested gives written authorisation for their exercise."
 

After Clause 175

 

THE EARL OF MAR AND KELLIE

285C*Insert the following new Clause—
  "Code of practice in Scotland
(1)  The Scottish Ministers must issue codes of practice in connection with—
(a)  the exercise of the powers conferred by this Part;
(b)  the retention, use and return of anything seized or produced under this Part; and
(c)  access to and the taking of photographs and copies of anything so seized or produced.
(2)  If the Scottish Ministers propose to issue a Code of Practice under this section, they must—
(a)  publish a draft of the code;
(b)  consider any representations made to them about the draft; or
(c)  if they think it appropriate, modify the draft in light of any such representations.
(3)  The Scottish Ministers must lay the Code before the Scottish Parliament, and when they have done so they may bring the Code into operation by Order.
(4)  The Scottish Ministers may revise the whole or any part of a Code issued under this section and issue the Code as revised; and subsections (2) and (4) apply to such a revised Code as they apply to the original Code.
(5)  A Code issued under this section is admissible in evidence in proceeding under this Act and must be taken into account by a judge or court in determining any question to which it appears to the judge or the court to be relevant.
(6)  The power conferred by subsection (3) above on the Scottish Ministers to make orders shall be exercisable by statutory instrument.
(7)  A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament."
 

Clause 188

 

THE EARL OF MAR AND KELLIE

290A*Page 104, line 5, after "Court" insert "or in Scotland to the Court of Session"
290B*Page 104, line 7, after "Court" insert "or in Scotland, the Court of Session"
 

Clause 189

 

THE EARL OF MAR AND KELLIE

291A*Page 104, line 32, after "Court" insert "or in Scotland, the Court of Session"
291B*Page 104, line 36, after "Court" insert "or in Scotland, the Court of Session,"
291C*Page 104, line 39, after "Court" insert "or in Scotland, the Court of Session"
291D*Page 104, line 43, after "Court" insert "or in Scotland, to the Court of Session"
291E*Page 105, line 3, after "Court" insert "or in Scotland, to the Court of Session"
291F*Page 105, line 4, after "Court" insert "or in Scotland, the Court of Session"
291G*Page 105, line 20, leave out subsection (12)

 
 
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©Parliamentary copyright 2003
22 October 2003