Page:Nuclear Material (Offences) Act 1983.pdf/6

Rh ::::(a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; or
 * (b) that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983;
 * and expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.
 * 5. An offence under section 1, 9, 15 or 20 of the Theft Act (Northern Ireland) 1969 is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983.”

5.—(1) There shall be deemed to be included—
 * (a) in the list of extradition crimes in Schedule 1 to the Extradition Act 1870, and
 * (b) among the description of offences set out in Schedule 1 to the Fugitive Offenders Act 1967,

any offence under section 2 of this Act.

(2) Where no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention, an Order in Council applying the Act of 1870 may be made under that section as if the Convention were such an arrangement with that State; but where the Act of 1870 is so applied it shall have effect as if the only extradition crimes within the meaning of that Act were—
 * (a) an offence mentioned in paragraphs (a) to (d) of subsection (1) of section 1 of this Act which is committed by doing an act in relation to or by means of nuclear material;
 * (b) an offence under section 2 of this Act; and
 * (c) an attempt to commit an offence mentioned in paragraph (a) or (b) above.

(3) For the purposes of the Extradition Act 1870 any act, wherever committed, which—
 * (a) is an offence mentioned in subsection (2) above, and
 * (b) is an offence against the law of any State in the case of which that Act is applied by an Order in Council under section 2 of that Act,

shall be deemed to be an offence committed within the jurisdiction of that State.