Section 3: Application of Act

3. Application of Act (1) (a) Where an agreement has been, or is deemed to have been, entered into between Mauritius and a foreign State, for the transfer of prisoners or the enforcement of sentences, the Minister may, by regulations, designate that country as a country to which this Act shall, notwithstanding any other enactment but subject to this subsection, apply. (b) Regulations made under subsection (1) may provide that this Act applies in relation to that country subject to such exceptions, adaptations, modifications or other provisions as may be specified in the regulations. (c) Regulations made under subsection (1) in relation to a country other than one referred to in subsection (2) or (3) shall— (i) contain the text of the agreement entered into between Mauritius and that country; and (ii) not remain in force for any longer period than the agreement. (2) Where a Commonwealth country notifies the Commonwealth Secretary-General that it has enacted legislation to give effect to the Scheme, that notification shall be deemed to be an agreement between Mauritius and that country. T19 – 3 [Issue 1] Transfer of Prisoners Act (3) The accession by Mauritius to the Convention pursuant to paragraph (1) of Article 19 of the Convention shall be deemed to be an agreement between Mauritius and every other country that is a party to the Convention. (4) For the purposes of this section, a territory for the external relations of which a designated country is responsible may, where the Government of that country so requests or has so notified the Commonwealth SecretaryGeneral, be treated as— (a) a part of that country; or (b) a separate country. (5) This Act shall apply to any prisoner who is already serving a sentence of imprisonment on the date when its provisions are extended, pursuant to section 3, to the country of which such offender is a citizen. PART II – TRANSFER TO MAURITIUS