Schedule or in a form to the like effect; but subject as aforesaid the signification of consent shall not affect the provisions of the said section 8.
3.—(1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following sub-paragraph, decide not to make an order or issue a
warrant-
(a) under section 7 of the 1989 Act (an authority to proceed), or
(b) under section 12 of the 1989 Act ordering the person to be returned, or
(c) for the purposes of paragraph 2 above signifying his consent to an application for a
provisional warrant.
(2) The circumstances referred to in the preceding sub-paragraph are-
(a) that the Secretary of State is not satisfied that provision is made by the law of the State requesting the return under which a person accused or convicted in the United Kingdom of the like offence as that with which the person whose return is sought is accused or convicted might be surrendered to the United Kingdom if found in that State, or (b) that the person whose return is sought is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person.
PART III
FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT
>
Whereas AB, a person recognised by the Secretary of State as a diplomatic or consular representative of
has requested consent to application being made for the issue of a provisional warrant for the arrest of CD, late of,
who is accused] [has been convicted] of the commission of an offence or attempt to commit an offence or counselling, procuring, commanding, aiding or abetting an offence or of being accessory before or after the fact to an offence, within the jurisdiction of the said State, being an offence which if committed in the United Kingdom would be an offence under section 134 of the Criminal Justice Act 1988.
By this Order the Secretary of State signifies to you his consent to the said application being made.
Given under the hand of the undersigned, [one of Her Majesty's Principal Secretaries of State] [Minister of State at
] [Under-Secretary of State at
] this
day of
19 .
SCHEDULE 5
Anguilla Bermuda
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Falkland Islands
Gibraltar
Hong Kong
Montserrat
Pitcairn, Henderson, Ducie & Oeno Islands
St Helena
St Helena Dependencies
South Georgia and the South Sandwich Islands
Sovereign Base Areas of Akrotiri & Dhekelia Turks and Caicos Islands
9
Article 7
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