The Extradition Act 2003 (Amendment to Designations) Order 2025
This Order, made under the Extradition Act 2003, amends the list of designated Part 2 territories by revoking the designation for the Hong Kong Special Administrative Region and Zimbabwe due to the suspension or termination of underlying international agreements, while simultaneously adding Chile as a designated Part 2 territory following its accession to the European Convention on Extradition 1957; it also sets commencement rules and provides transitional arrangements for cases already in progress.
Arguments For
Facilitates alignment with current international agreements, specifically integrating Chile into the relevant extradition framework following its accession to the 1957 Convention.
Streamlines the extradition system by removing jurisdictions (Hong Kong and Zimbabwe) where primary international agreements underpinning their designation under Part 2 of the 2003 Act are suspended or terminated, reverting cooperation to a case-by-case basis under section 194.
Ensures procedural correctness by updating timeframes associated with provisional arrests for Chile to align with the requirements of the 1957 Convention, superseding previous domestic arrangements.
Arguments Against
The removal of Hong Kong as a designated territory potentially complicates extradition procedures between the UK and Hong Kong, shifting reliance to less formalized, case-by-case arrangements under section 194 rather than a structured Part 2 regime.
Cessation of Zimbabwe's status under the London Scheme necessitates a less predictable method for extradition, which could introduce delays or uncertainty in urgent cases.
The transitional provision (Article 1(3)) might create complexity for ongoing extradition cases initiated before the Order's commencement, requiring case-by-case legal assessment regarding which set of rules applies.
The Secretary of State makes this Order in exercise of the powers conferred by sections 69(1), 71(4), 73(5), 74(11)(b), 84(7), 86(7) and 223(3)(b) and (8) of the Extradition Act 2003.
In accordance with section 223(5) of that Act, a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State laid this Order using powers granted under specific sections of the Extradition Act 2003.
Before coming into force, a draft of the Order required approval through a resolution passed by both the House of Commons and the House of Lords, as mandated by section 223(5) of the Act.
Citation, commencement, extent and transitional provision
(1) This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2025 and comes into force on the seventh day after the day on which it is made.
(2) This Order extends to England and Wales, Scotland and Northern Ireland.
(3) Article 2 of this Order shall not apply to a case in respect of which—
(a) the Secretary of State has issued a certificate under section 70 of the Extradition Act 2003, or
(b) a person has been arrested under a provisional warrant issued under section 73(3) of that Act, before the coming into force of this Order.
The Order is formally named the Extradition Act 2003 (Amendment to Designations) Order 2025 and begins legally operating seven days following its official making date.
It applies across all parts of the UK: England, Wales, Scotland, and Northern Ireland.
A specific transitional rule prevents Article 2's changes from affecting any extradition case where the Secretary of State has already issued a certificate under section 70, or where an arrest has already occurred based on a provisional warrant under section 73(3), before the Order becomes effective.
Amendment of Extradition Act 2003 (Designation of Part 2 Territories) Order 2003
(1) The Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended as follows.
(2) In article 2(2)—
(a) omit “Hong Kong Special Administrative Region,”;
(b) after “Zambia” omit “,”
“Zimbabwe”.
(3) In article 3(2), after “Canada,” insert “Chile,”.
(4) Omit article 3(3).
(5) In article 4(2)—
(a) omit “Chile (65 days)”;
(b) omit “Hong Kong Special Administrative Region (65 days)”.
The primary function of Article 2 is to change the designations listed in the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003.
Specifically, in Article 2(2), it removes the Hong Kong Special Administrative Region and Zimbabwe from the list of designated Part 2 territories within Article 2(2) of the previous Order.
Article 2(3) adds Chile as a designated territory under Article 3(2).
Article 2(4) removes Article 3(3) entirely.
Finally, Article 2(5) removes references to Chile and Hong Kong, including their associated 65-day time limits for providing full extradition documents following a provisional arrest, as these are now governed by the new applicable treaty framework.
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