Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

Part I — Proscribed Organisations

Proscribed organisations

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• (1) Any organisation for the time being specified in Schedule 1 to this Act is a proscribed organisation for the purposes of this Act; and any organisation which passes under a name mentioned in that Schedule shall be treated as proscribed whatever relationship (if any) it has to any other organisation of the same name.

• (2) The Secretary of State may by order made by statutory instrument—

• (a) add to Schedule 1 to this Act any organisation that appears to him to be concerned in, or in promoting or encouraging, terrorism occurring in the United Kingdom and connected with the affairs of Northern Ireland;

• (b) remove an organisation from that Schedule.

• (3) No order shall be made under this section unless—

• (a) a draft of the order has been laid before and approved by a resolution of each House of Parliament; or

• (b) it is declared in the order that it appears to the Secretary of State that by reason of urgency it is necessary to make the order without a draft having been so approved.

• (4) An order under this section of which a draft has not been approved under subsection (3) above—

• (a) shall be laid before Parliament; and

• (b) shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, the order has been approved by a resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

• (5) In reckoning for the purposes of subsection (4) above any period of forty days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

• (6) In this section “organisation” includes any association or combination of persons.

Membership, support and meetings

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• (1) Subject to subsection (3) below, a person is guilty of an offence if he—

• (a) belongs or professes to belong to a proscribed organisation;

• (b) solicits or invites support for a proscribed organisation other than support with money or other property; or

• (c) arranges or assists in the arrangement or management of, or addresses, any meeting of three or more persons (whether or not it is a meeting to which the public are admitted) knowing that the meeting is—

• (i) to support a proscribed organisation;

• (ii) to further the activities of such an organisation; or

• (iii) to be addressed by a person belonging or professing to belong to such an organisation.

• (2) A person guilty of an offence under subsection (1) above is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine or both;

• (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

• (3) A person belonging to a proscribed organisation is not guilty of an offence under this section by reason of belonging to the organisation if he shows—

• (a) that he became a member when it was not a proscribed organisation under the current legislation; and

• (b) that he has not since he became a member taken part in any of its activities at any time while it was a proscribed organisation under that legislation.

• (4) In subsection (3) above “the current legislation”, in relation to any time, means whichever of the following was in force at that time—

• (a) the Prevention of Terrorism (Temporary Provisions) Act 1974;

• (b) the Prevention of Terrorism (Temporary Provisions) Act 1976;

• (c) the Prevention of Terrorism (Temporary Provisions) Act 1984; or

• (d) this Act.

• (5) The reference in subsection (3) above to a person becoming a member of an organisation is a reference to the only or last occasion on which he became a member.

Display of support in public

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• (1) Any person who in a public place—

• (a) wears any item of dress; or

• (b) wears, carries or displays any article,

in such a way or in such circumstances as to arouse reasonable apprehension that he is a member or supporter of a proscribed organisation, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

• (2) In Scotland a constable may arrest without warrant anyone whom he has reasonable grounds to suspect of being a person guilty of an offence under this section.

• (3) In this section “public place” includes any highway or, in Scotland, any road within the meaning of the Roads (Scotland) Act 1984 and any premises to which at the material time the public have, or are permitted to have, access, whether on payment or otherwise.

Part II — Exclusion Orders

Exclusion orders: general

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• (1) The Secretary of State may exercise the powers conferred on him by this Part of this Act in such a way as appears to him expedient to prevent acts of terrorism to which this Part of this Act applies.

• (2) The acts of terrorism to which this Part of this Act applies are acts of terrorism connected with the affairs of Northern Ireland.

• (3) An order under section 5, 6 or 7 below is referred to in this Act as an “exclusion order".

• (4) Schedule 2 to this Act shall have effect with respect to the duration of exclusion orders, the giving of notices, the right to make representations, powers of removal and detention and other supplementary matters for this Part of this Act.

• (5) The exercise of the detention powers conferred by that Schedule shall be subject to supervision in accordance with Schedule 3 to this Act.

Orders excluding persons from Great Britain

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• (1) If the Secretary of State is satisfied that any person—

• (a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

• (b) is attempting or may attempt to enter Great Britain with a view to being concerned in the commission, preparation or instigation of such acts of terrorism,

the Secretary of State may make an exclusion order against him.

• (2) An exclusion order under this section is an order prohibiting a person from being in, or entering, Great Britain.

• (3) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in Great Britain, the Secretary of State shall have regard to the question whether that person’s connection with any country or territory outside Great Britain is such as to make it appropriate that such an order should be made.

• (4) An exclusion order shall not be made under this section against a person who is a British citizen and who—

• (a) is at the time ordinarily resident in Great Britain and has then been ordinarily resident in Great Britain throughout the last three years; or

• (b) is at the time subject to an order under section 6 below.

Orders excluding persons from Northern Ireland

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• (1) If the Secretary of State is satisfied that any person—

• (a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

• (b) is attempting or may attempt to enter Northern Ireland with a view to being concerned in the commission, preparation or instigation of such acts of terrorism,

the Secretary of State may make an exclusion order against him.

• (2) An exclusion order under this section is an order prohibiting a person from being in, or entering, Northern Ireland.

• (3) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in Northern Ireland, the Secretary of State shall have regard to the question whether that person’s connection with any country or territory outside Northern Ireland is such as to make it appropriate that such an order should be made.

• (4) An exclusion order shall not be made under this section against a person who is a British citizen and who—

• (a) is at the time ordinarily resident in Northern Ireland and has then been ordinarily resident in Northern Ireland throughout the last three years; or

• (b) is at the time subject to an order under section 5 above.

Orders excluding persons from the United Kingdom

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• (1) If the Secretary of State is satisfied that any person—

• (a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

• (b) is attempting or may attempt to enter Great Britain or Northern Ireland with a view to being concerned in the commission, preparation or instigation of such acts of terrorism,

the Secretary of State may make an exclusion order against him.

• (2) An exclusion order under this section is an order prohibiting a person from being in, or entering, the United Kingdom.

• (3) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in the United Kingdom, the Secretary of State shall have regard to the question whether that person’s connection with any country or territory outside the United Kingdom is such as to make it appropriate that such an order should be made.

• (4) An exclusion order shall not be made under this section against a person who is a British citizen.

Offences in respect of exclusion orders

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• (1) A person who is subject to an exclusion order is guilty of an offence if he fails to comply with the order at a time after he has been, or has become liable to be, removed under Schedule 2 to this Act.

• (2) A person is guilty of an offence—

• (a) if he is knowingly concerned in arrangements for securing or facilitating the entry into Great Britain, Northern Ireland or the United Kingdom of a person whom he knows, or has reasonable grounds for believing, to be an excluded person; or

• (b) if he knowingly harbours such a person in Great Britain, Northern Ireland or the United Kingdom.

• (3) In subsection (2) above “excluded person” means—

• (a) in relation to Great Britain, a person subject to an exclusion order made under section 5 above who has been, or has become liable to be, removed from Great Britain under Schedule 2 to this Act;

• (b) in relation to Northern Ireland, a person subject to an exclusion order made under section 6 above who has been, or has become liable to be, removed from Northern Ireland under that Schedule; and

• (c) in relation to the United Kingdom, a person subject to an exclusion order made under section 7 above who has been, or has become liable to be, removed from the United Kingdom under that Schedule.

• (4) A person guilty of an offence under this section is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both;

• (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

Part III — Financial Assistance for Terrorism

Contributions towards acts of terrorism

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• (1) A person is guilty of an offence if he—

• (a) solicits or invites any other person to give, lend or otherwise make available, whether for consideration or not, any money or other property; . . .

• (b) receives or accepts from any other person, whether for consideration or not, any money or other property,

or

• (c) uses or has possession of, whether for consideration or not, any money or other property,

intending that it shall be applied or used for the commission of, or in furtherance of or in connection with, acts of terrorism to which this section applies or having reasonable cause to suspect that it may be so used or applied.

• (2) A person is guilty of an offence if he—

• (a) gives, lends or otherwise makes available to any other person, whether for consideration or not, any money or other property; or

• (b) enters into or is otherwise concerned in an arrangement whereby money or other property is or is to be made available to another person,

knowing or having reasonable cause to suspect that it will or may be applied or used as mentioned in subsection (1) above.

• (3) The acts of terrorism to which this section applies are—

• (a) acts of terrorism connected with the affairs of Northern Ireland; and

• (b) subject to subsection (4) below, acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

• (4) Subsection (3)(b) above does not apply to an act done or to be done outside the United Kingdom unless it constitutes or would constitute an offence triable in the United Kingdom.

• (5) In proceedings against a person for an offence under this section in relation to an act within subsection (3)(b) above done or to be done outside the United Kingdom—

• (a) the prosecution need not prove that that person knew or had reasonable cause to suspect that the act constituted or would constitute such an offence as is mentioned in subsection (4) above; but

• (b) it shall be a defence to prove that he did not know and had no reasonable cause to suspect that the facts were such that the act constituted or would constitute such an offence.

Contributions to resources of proscribed organisations

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• (1) A person is guilty of an offence if he—

• (a) solicits or invites any other person to give, lend or otherwise make available, whether for consideration or not, any money or other property for the benefit of a proscribed organisation;

• (b) gives, lends or otherwise makes available or receives or accepts or uses or has possession of, whether for consideration or not, any money or other property for the benefit of such an organisation; or

• (c) enters into or is otherwise concerned in an arrangement whereby money or other property is or is to be made available for the benefit of such an organisation.

• (2) In proceedings against a person for an offence under subsection (1)(b) above it is a defence to prove that he did not know and had no reasonable cause to suspect that the money or property was for the benefit of a proscribed organisation; and in proceedings against a person for an offence under subsection (1)(c) above it is a defence to prove that he did not know and had no reasonable cause to suspect that the arrangement related to a proscribed organisation.

• (3) In this section and sections 11 and 13 below “proscribed organisation” includes a proscribed organisation for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991.

Assisting in retention or control of terrorist funds

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• (1) A person is guilty of an offence if he enters into or is otherwise concerned in an arrangement whereby the retention or control by or on behalf of another person of terrorist funds is facilitated, whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise.

• (2) In proceedings against a person for an offence under this section it is a defence to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist funds.

• (3) In this section and section 12 below “terrorist funds” means—

• (a) funds which may be applied or used for the commission of, or in furtherance of or in connection with, acts of terrorism to which section 9 above applies;

• (b) the proceeds of the commission of such acts of terrorism or of activities engaged in in furtherance of or in connection with such acts; and

• (c) the resources of a proscribed organisation.

• (4) Paragraph (b) of subsection (3) includes any property which in whole or in part directly or indirectly represents such proceeds as are mentioned in that paragraph; and paragraph (c) of that subsection includes any money or other property which is or is to be applied or made available for the benefit of a proscribed organisation.

Disclosure of information about terrorist funds

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• (1) A person may notwithstanding any restriction on the disclosure of information imposed by statute or otherwisedisclose to a constable a suspicion or belief that any money or other property is or is derived from terrorist funds or any matter on which such a suspicion or belief is based.

• (2) A person who enters into or is otherwise concerned in any such transaction or arrangement as is mentioned in section 9, 10 or 11 above does not commit an offence under that section if he is acting with the express consent of a constable or if—

• (a) he discloses to a constable his suspicion or belief that the money or other property concerned is or is derived from terrorist funds or any matter on which such a suspicion or belief is based; and

• (b) the disclosure is made after he enters into or otherwise becomes concerned in the transaction or arrangement in question but is made on his own initiative and as soon as it is reasonable for him to make it,

but paragraphs (a) and (b) above do not apply in a case where, having disclosed any such suspicion, belief or matter to a constable and having been forbidden by a constable to enter into or otherwise be concerned in the transaction or arrangement in question, he nevertheless does so.

• (2A) For the purposes of subsection (2) above a person who uses or has possession of money or other property shall be taken to be concerned in a transaction or arrangement.

• (3) In proceedings against a person for an offence under section 9(1)(b) or (c)or (2), 10(1)(b) or (c) or 11 above it is a defence to prove—

• (a) that he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in paragraph (a) of subsection (2) above; and

• (b) that there is a reasonable excuse for his failure to make the disclosure as mentioned in paragraph (b) of that subsection.