Section 223: Orders and regulations
621.This section describes the procedures to be used for making certain secondary legislation under this Act. This applies to any orders made by the Secretary of State (other than an order described in subsection (2)), any order of the Treasury and any regulations made under this Act (subsection (1)). Subsection (2) sets out the orders made under this Act that are not covered by this section. These are any order for a person's extradition or discharge and any order deferring proceedings or deferring a person's extradition.
622.The power to make this secondary legislation is exercisable by statutory instrument and the secondary legislation may make different provision for different purposes and may include supplementary, incidental, saving or transitional provisions (subsections (3) and (4)).
623.Subsections (5) and (6) provides that certain orders cannot be made unless a draft is laid before Parliament and approved by both Houses (the affirmative resolution procedure). These are:
an order to designate category 1 or category 2 territories – under section 1(1) or 69(1);
an order designating a category 2 territory with the effect that it need provide "information" in place of "evidence" – under sections 71(4), 73 (5), 84(7) and 86(7);
an order designating a category 2 territory which permits a period longer than 45 days for the receipt of full documents after arrest under provisional warrant – under section 74(11)(b);
an order designating an "appropriate person" who may apply for a Part 3 warrant – under section 142(9);
an order bringing a code of practice into operation, in connection with the powers conferred by Part 4 of the Act – under section 173(4);
an order amending the European framework list in Schedule 2 to the Act – under section 215(2);
an order amending or repealing any existing legislative provision, to give effect to or in consequence of this Act – under section 219(2).
624.All other orders are subject to the negative resolution procedure (annulment in pursuance of a resolution of either House of Parliament), with the exception of a commencement order made under section 221 (subsection (7)).
625.Where a territory is designated by any order for the purposes of this Act, the territory may be identified by name or may fall within the description given in the order (subsection (8)). Subsection (9) provides that any order to designate a category 1 or 2 territory may provide that for the Act to be applied in relation to that territory with specified modifications.
