The Schedule: Power of arrest for extradition purposes Part 2 – Consequential Amendments
Part 2 makes provision for amendments that are required as a consequence of the creation of the new power of arrest.
	Paragraphs 7 and 8 amend the definition of an "extradition arrest power" in section 65 of the Police and Criminal Evidence Act 1984 and Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 respectively to refer to the power of arrest in new section 74A. No such amendment is required to the equivalent legislation in Scotland, the Criminal Procedure (Scotland) Act 1995, since the definition of an extradition arrest power in that Act cross-refers to section 174(2) of the Extradition Act 2003.
	Expanding the definition of an extradition arrest power in those enactments to include the new power of arrest created by this Act has the effect of disapplying provisions regarding police powers in those enactments in respect of a person arrested under the new power of arrest.
	Paragraph 9 amends section 94(6A) of the Nationality, Immigration and Asylum Act 2002 so that the Secretary of State is not obliged to certify an asylum or human rights claim if the person concerned is the subject of certificate issued under new section 74B of the 2003 Act. The amendment is consistent with the approach taken in section 94(6A) in respect of persons who fall within the scope of the other extradition arrest powers.
	Paragraphs 10 to 26 provide for consequential amendments to the 2003 Act.
	Paragraph 11 amends section 76 so that the provisions for fixing a date for an extradition hearing apply to a person arrested under new section 74A as well as to a person arrested under a provisional warrant.
	Paragraphs 12 and 13 amend sections 76A and 76B, which are concerned, respectively, with the scenario where a person is charged with an offence in the United Kingdom before the extradition hearing and the scenario where a person is serving a sentence in the United Kingdom before the extradition hearing. The effect of the amendments is to apply these sections to a person arrested under new section 74A.
	The amendments made by paragraph 14 to section 127(2) ensure that a person arrested under new section 74A may consent to their extradition.
	Paragraph 15 amends section 136, which deals with a situation where a request for a person’s extradition to a category 2 territory is made after their sentence has been transferred from one territory to another under an international arrangement (i.e. under measures allowing the transfer of prisoners or custodial sentences). The amendments provide that new sections 74B, 74C and 74E can be read with appropriate modifications where these circumstances apply. A modification is also applied in respect of section 74(7)(a) in consequence of these amendments.
	Paragraphs 16 to 19 make amendments to Part 4 of the 2003 Act, which sets out various police powers in connection with extradition. The powers are exercisable where a person may or has been arrested under an extradition arrest power. Paragraph 19 amends the definition of an extradition arrest power in section 174 to include reference to the power of arrest in new section 74A. Paragraphs 16 to 18 make additional consequential amendments to powers of search and entry on arrest and after arrest (sections 162 and 164 respectively) and to the delivery of seized property to the requesting territory (section 172) to ensure that the powers in those provisions can be applied where a person has been arrested under new section 74A.
	Paragraphs 20 and 21 amend sections 193 and 194 respectively. These sections allow for extradition, in certain circumstances, to territories which are not designated under Part 1 or 2. Section 193 is concerned with extradition requests to a territory that is party to a designated international convention, while section 194 deals with extradition requests to a territory with which the United Kingdom has special extradition arrangements. If the Secretary of State issues a certificate under either section, the 2003 Act applies as if the requesting territory were a Part 2 territory, with certain omissions. The amendments made by paragraphs 18 and 19 mean that the provisions relating to the new power of arrest cannot be applied in respect of territories falling within the scope of section 193 or 194.
	The amendments made by paragraphs 22 and 23 to section 206B and 206C respectively apply provisions relating to the use of live links at certain hearings to those who have been or may be arrested under the new power.
	Paragraph 24 amends section 208, which enables the Secretary of State to prevent a person’s extradition where their extradition would be against the interests of national security. The amendments mean that, where the Secretary of State has issued a direction that a request for a person’s extradition is not to be proceeded with, a person arrested under the new power does not need to appear or be brought before the appropriate judge and must be discharged. If the person arrested under the new power appears or is brought before the appropriate judge, the judge is no longer required to proceed with the matter.
	Paragraph 25 amends the interpretative provisions in section 216 so that a different definition applies to references to ‘the designated authority’ in new sections 74B and 74C than applies to references to ‘the designated authority’ in the rest of the 2003 Act.
	The amendments made by paragraph 26 to section 223 apply the affirmative resolution procedure to regulations made for the purpose of adding, varying or removing a reference to a territory in new Schedule A1. By omission, the negative resolution procedure is applied to regulations made for the purpose of designating an authority that may issue certificates under new section 74B.
	Paragraphs 27 to 29 amend the UK Borders Act 2007. Paragraph 28 amends section 2 of that Act so that temporary detention at port can take place on the basis of a certificate issued under new section 74B in an analogous way to existing warrants issued under the 2003 Act.
	Paragraph 29 amends section 33(5) of the UK Borders Act 2007 so that the auto-deport provisions in that Act do not apply if the person concerned is the subject of a certificate issued under new section 74B of the 2003 Act. The amendment is consistent with the approach taken in section 33(5) in respect of persons who fall within the scope of the other extradition arrest powers.
	Paragraph 30 amends section 57A(3) of the Criminal Justice (Scotland) Act 2016, to add the power of arrest in new section 74A to the list of powers to arrest otherwise than in respect of an offence. This clarifies that, in respect of the new power of arrest, the modifications made by sections 57A and 57C of the 2016 Act to other provisions of Part 1 of that Act (which deal generally with arrest and detention) apply. No amendment is required to the definition of an "extradition arrest power" in the 2016 Act, since the definition cross-refers to section 174(2) of the Extradition Act 2003, which is amended by paragraph 17.
	Paragraph 31 creates a power for the Secretary of State to make further consequential amendments by regulations. If such consequential amendments modify primary legislation, they are subject to the affirmative resolution procedure; if they do not, they are subject to the negative resolution procedure.