s 8 Procedure where court refuses order
(1) If a competent court refuses to make a delivery order, it shall— (a) make an order remanding the person arrested, and (b) notify the Secretary of State and, in the case of proceedings in Scotland, the Scottish Ministers of its decision and of the grounds for it. (2) If the court is informed without delay that an appeal is to be brought under section 9 or 10, the order remanding the person arrested shall continue to have effect. (3) If the court is not so informed, it shall discharge the person arrested.