Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

• (c) for sub-paragraph (4) there is substituted the following sub-paragraph— “ (4) An order made under this paragraph by the Department of Economic Development in Northern Ireland shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954. ”;

• (d) in paragraph 35(1) in the definition of “qualifying insolvency proceedings"—

• (i) in head (a) for “Companies (Northern Ireland) Order 1986" substitute “Insolvency (Northern Ireland) Order 1989" and for “Part XX" substitute “Part V";

• (ii) in head (b) after “Wales" insert “or in Northern Ireland" and after “1986 Act" insert “or Article 364 of the Insolvency (Northern Ireland) Order 1989";

• (iii) in head (d) after “Wales" insert “or in Northern Ireland" and after “1986 Act" insert “or Article 365 of the Insolvency (Northern Ireland) Order 1989".

Interpretation of Part IV

35

• (1) In this Part of this Schedule—

• “the 1986 Act” means the Insolvency Act 1986;

• “ancillary order” means any order made in connection with the forfeiture in question, other than the forfeiture order;

• “forfeiture or restraint order” means a forfeiture or restraint order, as the case may be, of any of the descriptions referred to in Parts I to III of this Schedule;

• “insolvency practitioner”, except in paragraph 33 above, means a person acting in any qualifying insolvency proceedings in any part of the United Kingdom as—

• (a) a liquidator of a company or partnership;

• (b) a trustee in bankruptcy;

• (c) an interim or permanent trustee in sequestration;

• (d) an administrator of the insolvent estate of a deceased person;

• (e) a receiver or manager of any property;

• “qualifying insolvency proceedings” means—

• (a) any proceedings under the 1986 Act or the Companies (Northern Ireland) Order 1986 for the winding up of a company or an unregistered company and includes any voluntary winding up of a company under Part IV of that Act or Part XX of that Order;

• (b) any proceedings in England and Wales under or by virtue of section 420 of the 1986 Act for the winding up of an insolvent partnership;

• (c) any proceedings in bankruptcy or, in Scotland, any sequestration proceedings;

• (d) any proceedings in England and Wales under or by virtue of section 421 of the 1986 Act in relation to the insolvent estate of a deceased person;

• “the relevant officer” means—

• (a) in Scotland—

• (i) where the forfeiture order in question is made by a court in Scotland, the clerk of that court;

• (ii) in any other case, the Principal Clerk of Session and Justiciary;

• (b) in any other part of the United Kingdom—

• (i) where the forfeiture order in question is made by a court in that part, the proper officer within the meaning of paragraph 1 or, as the case may be, paragraph 21 above;

• (ii) in any other case, the appropriate officer of the High Court.

• (2) Any reference in this Part of this Schedule to the proceeds of the sale or realisation of any property are references to those proceeds after deduction of the costs of sale or realisation.

SCHEDULE 5

Examining officers

1

• (1) The following shall be examining officers for the purposes of this Act—

• (a) constables;

• (b) immigration officers appointed for the purposes of the Immigration Act 1971 under paragraph 1 of Schedule 2 to that Act; and

• (c) officers of customs and excise who are the subject of arrangements for their employment as immigration officers made under that paragraph by the Secretary of State.

• (2) In Northern Ireland members of Her Majesty’s Forces may perform such functions conferred on examining officers as the Secretary of State may by order specify.

• (3) The power to make orders under sub-paragraph (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Examining officers shall exercise their functions under this Act in accordance with such instructions as may from time to time be given to them by the Secretary of State.

Examination on arrival or departure

2

• (1) Any person who has arrived in, or is seeking to leave, Great Britain or Northern Ireland by ship or aircraft . . . may be examined by an examining officer for the purpose of determining—

• (a) whether that person appears to be a person who is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this paragraph applies; or

• (b) whether any such person is subject to an exclusion order; or

• (c) whether there are grounds for suspecting that any such person has committed an offence under section 8 of this Act.

• (2) This paragraph applies to—

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

• (b) 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.

• (3) An examining officer may—

• (a) examine any person who is entering or seeking to enter or leave Northern Ireland by land from, or to go to, the Republic of Ireland for the purpose of determining whether that person is such a person as is mentioned in any of paragraphs (a) to (c) of sub-paragraph (1) above;

• (b) examine any person found in Northern Ireland within a distance of one mile from the border with the Republic of Ireland for the purpose of ascertaining whether he is in the course of entering or leaving Northern Ireland by land;

• (c) examine any person entering Northern Ireland by train when he arrives at the first place where the train is scheduled to stop for the purpose of allowing passengers to alight.

• (4) The period of a person’s examination under this paragraph shall not exceed twenty-four hours unless he is detained under paragraph 6 below, and may only exceed twelve hours if an examining officer—

• (a) has reasonable grounds for suspecting that the person examined is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this paragraph applies; and

• (b) gives him a notice in writing requiring him to submit to further examination.

• (5) In sub-paragraph (1) above the reference to arrival by ship or aircraft includes a reference to arrival as a transit passenger, member of the crew or other person not seeking to enter Great Britain or Northern Ireland.

Production of information and documents

3

• (1) It shall be the duty of any person examined under paragraph 2 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of his functions under that paragraph.

• (2) A person on his examination under paragraph 2 above by an examining officer shall, if so required by the examining officer—

• (a) produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and

• (b) declare whether or not he is carrying or conveying documents of any relevant description specified by the examining officer, and produce any documents of that description which he is carrying or conveying.

• (3) In sub-paragraph (2)(b) above “relevant description” means any description appearing to the examining officer to be relevant for the purposes of the examination.

Powers of search, etc.

4

• (1) An examining officer may, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 above, search any ship, or aircraftand anything on board it or anything taken off or about to be taken aboard a ship, or aircraft.

• (2) An examining officer who examines any person under paragraph 2 above may, for the purpose of determining whether he is such a person as is mentioned in any of paragraphs (a) to (c) of sub-paragraph (1) of that paragraph, search that person and any baggage belonging to him or any ship or aircraftand anything on board it or anything taken off or about to be taken aboard a ship or aircraft.

• (3) Without prejudice to sub-paragraphs (1) and (2) above, an examining officer who examines any person in Northern Ireland under paragraph 2 above may, for the purpose mentioned in sub-paragraph (2) above, search any vehicle and anything in or on it or anything taken out of or off it or about to be placed in or on it.

• (4) An examining officer may detain for the purpose of examining it anything produced pursuant to paragraph 3(2)(b) above or found on a search under this paragraph for a period not exceeding seven days; and if on examination of anything so produced or found the examining officer is of the opinion that it may be needed—

• (a) in connection with the taking of a decision by the Secretary of State as to whether or not to make an exclusion order or a deportation order under the Immigration Act 1971; or

• (b) for use as evidence in criminal proceedings,

he may detain it until he is satisfied that it will not be so needed.

• (5) A search of a person under this paragraph may only be carried out by a person of the same sex.

• (6) An examining officer may board any ship or aircraft or enter any vehicle for the purpose of exercising any of his functions under this Act.

• (7) Where an examining officer has power to search under this paragraph, he may, instead, authorise the search to be carried out on his behalf by a person who is not an examining officer.

• (8) Where a person who is not an examining officer carries out a search in accordance with sub-paragraph (7) above, he may—

• (a) for that purpose, board any ship or aircraft or enter any vehicle; and

• (b) exercise the power of detaining articles conferred by sub-paragraph (4) above;

and he may, if necessary, use reasonable force for the purpose of carrying out his functions under this paragraph.

• (9) In Scotland any person employed by a police authority for the assistance of constables under section 9 of the Police (Scotland) Act 1967 may perform any functions conferred on examining officers by this paragraph, and may, if necessary, use reasonable force for the purpose of performing those functions.

Landing, embarkation, entry and departure cards

5

• (1) Subject to sub-paragraph (2) below, any person who disembarks from, or embarks on—

• (a) a ship or aircraft in Great Britain which has come from, or is going to, the Republic of Ireland, Northern Ireland or any of the Islands; or

• (b) a ship or aircraft in Northern Ireland which has come from, or is going to Great Britain, the Republic of Ireland or any of the Islands,

shall, if so required by an examining officer, complete and produce to that officer a landing or, as the case may be, an embarkation card in such form as the Secretary of State may direct, which, where the ship or aircraft is employed to carry passengers for reward, shall be supplied for the purpose to that person by the owners or agents of that ship or aircraft.

• (2) Sub-paragraph (1) above shall not apply to a person disembarking from a ship or aircraft coming from the Republic of Ireland if that person is required to produce a landing card under any order for the time being in force under paragraph 5 of Schedule 2 to the Immigration Act 1971.

• (3) Any person who may be examined under paragraph 2(3)(a) or (c) above shall, if so required by an examining officer, complete and produce to that officer an entry or, as the case may be, a departure card in such form as the Secretary of State may direct.

Detention pending examination etc.

6

• (1) A person who is examined under this Schedule may be detained under the authority of an examining officer—

• (a) pending conclusion of his examination;

• (b) pending consideration by the Secretary of State whether to make an exclusion order against him; or

• (c) pending a decision by the Director of Public Prosecutions or Attorney General or, as the case may be, the Lord Advocate or the Director of Public Prosecutions or Attorney General for Northern Ireland whether proceedings for an offence should be instituted against him.

• (2) Subject to sub-paragraph (3) below, a person shall not be detained under sub-paragraph (1) above for more than forty-eight hours from the time when he is first examined.

• (3) The Secretary of State may, in any particular case, extend the period of forty-eight hours mentioned in sub-paragraph (2) above by a period or periods specified by him, but any such further period or periods shall not exceed five days in all and if an application for such an extension is made the person detained shall as soon as practicable be given written notice of that fact and of the time when the application was made.

• (4) A person liable to be detained under this paragraph may be arrested without warrant by an examining officer.

• (5) A person on board a ship or aircraft may, under the authority of an examining officer, be removed from the ship or aircraft for detention under this paragraph; but if an examining officer so requires, the captain of the ship or aircraft shall prevent from disembarking in the relevant territory any person who has arrived in the ship or aircraft if the examining officer notifies him either that that person is the subject of an exclusion order or that consideration is being given by the Secretary of State to the making of an exclusion order against that person.

• (6) Where under sub-paragraph (5) above the captain of a ship or aircraft is required to prevent a person from disembarking he may for that purpose detain him in custody on board the ship or aircraft.

• (7) A person may be removed from a vehicle for detention under this paragraph.

• (8) In sub-paragraph (5) above “the relevant territory” has the same meaning as in paragraph 6 of Schedule 2 to this Act.

Detention: supplementary provisions

7

• (1) If a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person liable to be arrested under paragraph 6(4) above is to be found on any premises he may grant a search warrant authorising any constable to enter those premises for the purpose of searching for and arresting that person.

• (2) In Scotland the power to issue a warrant under sub-paragraph (1) above shall be exercised by a sheriff or a justice of the peace, an application for such a warrant shall be supported by evidence on oath and a warrant shall not authorise a constable to enter any premises unless he is a constable for the police area in which they are situated.

• (3) In Northern Ireland an application for a warrant under sub-paragraph (1) above shall be made by a complaint on oath.

• (4) A person detained under this Schedule shall be deemed to be in legal custody at any time when he is so detained and, if detained otherwise than on board a ship or aircraft, may be detained in such a place as the Secretary of State may from time to time direct.

• (5) Where a person is detained under this Schedule, any examining officer, constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.

• (6) Section 61(1) to (8) of the Police and Criminal Evidence Act 1984 (finger-printing) shall apply to the taking of a person’s fingerprints by a constable under sub-paragraph (5) above as if for subsection (4) there were substituted—

(4) An officer may only give an authorisation under subsection (3)(a) above for the taking of a person’s fingerprints if he is satisfied that it is necessary to do so in order to assist in determining— (a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; (b) whether he is subject to an exclusion order under that Act; or (c) whether there are grounds for suspecting that he has committed an offence under section 8 of that Act.

• (7) Any person detained under this Schedule may be taken in the custody of an examining officer, or of any person acting under the authority of such an officer, to and from any place where his attendance is required for the purpose of establishing his nationality or citizenship or for making arrangements for his admission to a country or territory outside the United Kingdom or where he is required to be for any other purpose connected with the operation of this Act.

Designated ports

8

• (1) The owners or agents of a ship or aircraft employed to carry passengers for reward and coming to Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands or going from Great Britain to any other of those places shall not, without the approval of an examining officer, arrange for the ship or aircraft to call at a port in Great Britain other than a designated port for the purpose of disembarking or embarking passengers.

• (2) The captain of an aircraft not employed to carry passengers for reward and coming to Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands or going from Great Britain to any other of those places shall not, without the approval of an examining officer, permit the aircraft to call at or leave a port in Great Britain other than a designated port.

• (3) The owners or agents of a ship or aircraft employed to carry passengers for reward and coming to Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands or going from Northern Ireland to any other of those places shall not, without the approval of an examining officer, arrange for the ship or aircraft to call at a port in Northern Ireland other than a designated port for the purpose of disembarking or embarking passengers.

• (4) The captain of an aircraft not employed to carry passengers for reward and coming to Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands or going from Northern Ireland to any other of those places shall not, without the approval of an examining officer, permit the aircraft to call at or leave a port in Northern Ireland other than a designated port.

Control areas

9

• (1) The Secretary of State may from time to time give written notice to the owners or agents of any ships or aircraft designating control areas for the disembarkation or embarkation of passengers in any port in the United Kingdom and specifying the conditions and restrictions (if any) to be observed in any control area; and where by notice given to any owners or agents a control area is for the time being so designated at any port, the owners or agents shall take all reasonable steps to ensure that, in the case of their ships or aircraft, passengers do not disembark or, as the case may be, embark at the port outside the control area and that any conditions or restrictions notified to them are observed.

• (2) The Secretary of State may also from time to time give to any persons concerned with the management of a port in the United Kingdom written notice designating control areas in the port and specifying facilities to be provided and conditions and restrictions to be observed in any control area; and any such person shall take all reasonable steps to secure that any facilities, conditions or restrictions notified to him are provided or observed.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements with respect to embarkation and disembarkation of passengers and crew

10

• (1) The captain of a ship or aircraft employed to carry passengers for reward arriving in Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands or arriving in Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands—

• (a) shall, except so far as he may be otherwise required to do so under paragraph 27(1) of Schedule 2 to the Immigration Act 1971, take such steps as may be necessary to secure that passengers on board and members of the crew do not disembark there unless either they have been examined by an examining officer or they disembark in accordance with arrangements approved by an examining officer; and

• (b) where any examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner.

• (2) The captain of a ship or aircraft employed to carry passengers for reward going from Great Britain to the Republic of Ireland, Northern Ireland or any of the Islands or going from Northern Ireland to Great Britain, the Republic of Ireland or any of the Islands shall take such steps as may be necessary to secure that—

• (a) passengers and members of the crew do not embark except in accordance with arrangements approved by an examining officer; and

• (b) if persons embarking are to be examined on board the ship or aircraft, they are presented for the purpose in an orderly manner.

• (3) Sub-paragraphs (1) and (2) above apply also to aircraft not employed to carry passengers for reward.

• (4) The captain of a ship or aircraft arriving in Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands or arriving in Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands shall, unless he is subject to the requirements of an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 and subject to sub-paragraph (6) below, comply with the requirements of sub-paragraph (5) below with respect to the furnishing to the examining officer of the particulars of the passengers on and crew of the ship or aircraft.

• (5) The requirements referred to in sub-paragraph (4) above are—

• (a) in the case of a ship employed to carry passengers for reward or an aircraft, to furnish to the examining officer, as soon as reasonably practicable after the arrival of the ship or aircraft, a list of the names and of the dates and places of birth of all passengers and members of the crew arriving on the ship or aircraft; and

• (b) in the case of a ship not employed to carry passengers for reward, to furnish to the examining officer, within twelve hours of the arrival of the ship, a list of the names, the dates and places of birth and the addresses of the destinations in Great Britain or Northern Ireland of all passengers and members of the crew arriving on the ship.

• (6) An examining officer may dispense with all, or any, of the requirements of sub-paragraph (5) above either generally or in respect of such classes of persons as he may specify.

• (7) Any passenger on a ship or aircraft shall furnish to the captain of the ship or aircraft, as the case may be, any information required by him for the purpose of complying with the provisions of sub-paragraph (5) above.

Offences

11

A person who knowingly contravenes any prohibition or fails to comply with any duty or requirement imposed by or under this Schedule is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

SCHEDULE 6

Part I — Great Britain

Part II — Northern Ireland

SCHEDULE 7

Part I — England, Wales and Northern Ireland

Interpretation

1

In this Part of this Schedule a “terrorist investigation” means any investigation to which section 17(1) of this Act applies and “items subject to legal privilege”, “excluded material” and “special procedure material” have the meanings given in sections 10 to 14 of the Police and Criminal Evidence Act 1984.

Search for material other than excluded or special procedure material

2

• (1) A justice of the peace may, on an application made by a constable, issue a warrant under this paragraph if satisfied that a terrorist investigation is being carried out and that there are reasonable grounds for believing—

• (a) that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation;

• (b) that the material does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

• (c) that any of the conditions in sub-paragraph (2) below are fulfilled.

• (2) The conditions referred to in sub-paragraph (1)(c) above are—

• (a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

• (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;

• (c) that entry to the premises will not be granted unless a warrant is produced;

• (d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

• (3) A warrant under this paragraph shall authorise a constable to enter the premises specified in the warrant and to search the premises and any person found there and to seize and retain anything found there or on any such person, other than items subject to legal privilege, if he has reasonable grounds for believing—

• (a) that it is likely to be of substantial value (whether by itself or together with other material) to the investigation; and

• (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (4) In Northern Ireland an application for a warrant under this paragraph shall be made by a complaint on oath.

Order for production of excluded or special procedure material

3

• (1) A constable may, for the purposes of a terrorist investigation, apply to a Circuit judge for an order under sub-paragraph (2) below in relation to particular material or material of a particular description, being material consisting of or including excluded material or special procedure material.

• (2) If on such an application the judge is satisfied that the material consists of or includes such material as is mentioned in sub-paragraph (1) above, that it does not include items subject to legal privilege and that the conditions in sub-paragraph (5) below are fulfilled, he may make an order that the person who appears to him to be in possession of the material to which the application relates shall—

• (a) produce it to a constable for him to take away; or

• (b) give a constable access to it,

within such period as the order may specify and if the material is not in that person’s possession (and will not come into his possession within that period) to state to the best of his knowledge and belief where it is.

• (3) An order under sub-paragraph (2) above may relate to material of a particular description which is expected to come into existence or become available to the person concerned in the period of twenty-eight days beginning with the date of the order; and an order made in relation to such material shall require that person to notify a named constable as soon as possible after the material comes into existence or becomes available to that person.

• (4) The period to be specified in an order under sub-paragraph (2) above shall be seven days from the date of the order or, in the case of an order made by virtue of sub-paragraph (3) above, from the notification to the constable unless it appears to the judge that a longer or shorter period would be appropriate in the particular circumstances of the application.

• (5) The conditions referred to in sub-paragraph (2) above are—

• (a) that a terrorist investigation is being carried out and that there are reasonable grounds for believing that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made; and

• (b) that there are reasonable grounds for believing that it is in the public interest, having regard—

• (i) to the benefit likely to accrue to the investigation if the material is obtained; and

• (ii) to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

• (6) Where the judge makes an order under sub-paragraph (2)(b) above in relation to material on any premises he may, on the application of a constable, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

• (7) In Northern Ireland the power to make an order under this paragraph shall be exercised by a county court judge.

4

• (1) Provision may be made by Crown Court Rules as to—

• (a) the discharge and variation of orders under paragraph 3 above; and

• (b) proceedings relating to such orders.

• (2) The following provisions shall have effect pending the coming into force of Crown Court Rules under sub-paragraph (1) above—

• (a) an order under paragraph 3 above may be discharged or varied by a Circuit judge on a written application made to the appropriate officer of the Crown Court by any person subject to the order;

• (b) unless a Circuit judge otherwise directs on grounds of urgency, the applicant shall, not less than forty-eight hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the constable on whose application the order to be discharged or varied was made or on any other constable serving in the same police station.

• (3) An order of a Circuit judge under paragraph 3 above shall have effect as if it were an order of the Crown Court.

• (4) Where the material to which an application under that paragraph relates consists of information contained in a computer—

• (a) an order under sub-paragraph (2)(a) of that paragraph shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

• (b) an order under sub-paragraph (2)(b) of that paragraph shall have effect as an order to give access to the material in a form in which it is visible and legible.

• (5) An order under paragraph 3 above—

• (a) shall not confer any right to production of, or access to, items subject to legal privilege;

• (b) shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by statute or otherwise.

• (6) An order may be made under paragraph 3 above in relation to material in the possession of a government department which is an authorised government department for the purposes of the Crown Proceedings Act 1947; and any such order (which shall be served as if the proceedings were civil proceedings against the department) may require any officer of the department, whether named in the order or not, who may for the time being be in possession of the material concerned to comply with it.

• (7) In the application of this paragraph to Northern Ireland for references to a Circuit judge there shall be substituted references to a county court judge and for references to a government department or authorised government department there shall be substituted references to a Northern Ireland department or authorised Northern Ireland department.

Search for excluded or special procedure material

5

• (1) A constable may apply to a Circuit judge for a warrant under this paragraph in relation to specified premises.

• (2) On such an application the judge may issue a warrant under this paragraph if satisfied—

• (a) that an order made under paragraph 3 above in relation to material on the premises has not been complied with; or

• (b) that there are reasonable grounds for believing that there is on the premises material consisting of or including excluded material or special procedure material, that it does not include items subject to legal privilege and that the conditions in sub-paragraph (5) of that paragraph and the condition in sub-paragraph (3) below are fulfilled in respect of that material.

• (3) The condition referred to in sub-paragraph (2)(b) above is that it would not be appropriate to make an order under paragraph 3 above in relation to the material because—

• (a) it is not practicable to communicate with any person entitled to produce the material; or

• (b) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or

• (c) the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.

• (4) A warrant under this paragraph shall authorise a constable to enter the premises specified in the warrant and to search the premises and any person found there and to seize and retain anything found there or on any such person, other than items subject to legal privilege, if he has reasonable grounds for believing that it is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application was made.

• (5) In Northern Ireland the power to issue a warrant under this paragraph shall be exercised by a county court judge.

Explanation of seized or produced material

6

• (1) A Circuit judge may, on an application made by a constable, order any person specified in the order to provide an explanation of any material seized in pursuance of a warrant under paragraph 2 or 5 above or produced or made available to a constable under paragraph 3 above.

• (2) A person shall not under this paragraph be required to disclose any information which he would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court, except that a lawyer may be required to furnish the name and address of his client.

• (3) A statement by a person in response to a requirement imposed by virtue of this paragraph may only be used in evidence against him—

• (a) on a prosecution for an offence under sub-paragraph (4) below; or

• (b) on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

• (4) A person who, in purported compliance with a requirement under this paragraph—

• (a) makes a statement which he knows to be false or misleading in a material particular; or

• (b) recklessly makes a statement which is false or misleading in a material particular,

is guilty of an offence.

• (5) A person guilty of an offence under sub-paragraph (4) above is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two 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.

• (6) In Northern Ireland the power to make an order under this paragraph shall be exercised by a county court judge.

• (7) Paragraph 4(1), (2), (3) and (6) above shall apply to orders under this paragraph as they apply to orders under paragraph 3.

Urgent cases

7

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency and that in the interests of the State immediate action is necessary, he may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 2 or 5 above.

• (2) Where an authority is given under this paragraph particulars of the case shall be notified as soon as may be to the Secretary of State.

• (3) An order under this paragraph may not authorise a search for items subject to legal privilege.

• (4) If such a police officer as is mentioned in sub-paragraph (1) above has reasonable grounds for believing that the case is such as is there mentioned he may by a notice in writing signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under this paragraph.

• (5) Any person who without reasonable excuse fails to comply with a notice under sub-paragraph (4) above 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.

• (6) Sub-paragraphs (2) to (5) of paragraph 6 above shall apply to a requirement imposed under sub-paragraph (4) above as they apply to a requirement under that paragraph.

Orders by Secretary of State in relation to certain investigations

8

• (1) This paragraph has effect in relation to a terrorist investigation concerning any act which appears to the Secretary of State to constitute an offence under Part III of this Act.

• (2) Without prejudice to the foregoing provisions of this Part of this Schedule, the Secretary of State may by a written order signed by him or on his behalf give to any constable in Northern Ireland the authority which may be given by a search warrant under paragraph 2 or 5 above or impose on any person in Northern Ireland any such requirement as may be imposed by an order under paragraph 3 above if—

• (a) he is satisfied as to the matters specified in those paragraphs respectively for the issue of a warrant by a justice of the peace or the making of an order by a county court judge; and

• (b) it appears to him that the disclosure of information that would be necessary for an application under those provisions would be likely to prejudice the capability of members of the Royal Ulster Constabulary in relation to the investigation of offences under Part III of this Act or otherwise prejudice the safety of, or of persons in, Northern Ireland.

• (3) A person who disobeys an order under this paragraph which corresponds to an order under paragraph 3 above (a “Secretary of State’s production order”) is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two 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.

• (4) A Secretary of State’s production order may be varied or revoked by the Secretary of State and references in paragraphs 4(4), (5) and (6) and 5 above to an order under paragraph 3 above shall include references to a Secretary of State’s production order.

• (5) The Secretary of State may by a written order signed by him or on his behalf require any person in Northern Ireland to provide an explanation of any material seized or produced in pursuance of an order under the foregoing provisions of this paragraph; and paragraphs 6(2) to (5) and 7(5) above shall apply to an order under this sub-paragraph as they apply to an order or notice under those paragraphs.

Access to Land Register

9

Supplementary

10

• (1) Any power of seizure conferred by this Schedule is without prejudice to the powers conferred by section 19 of the Police and Criminal Evidence Act 1984 and for the purposes of sections 21 and 22 of that Act (access to, and copying and retention of, seized material)—

• (a) a terrorist investigation shall be treated as an investigation of or in connection with an offence; and

• (b) material produced in pursuance of an order under paragraph 3 or 8 above shall be treated as if it were material seized by a constable.

• (2) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

Part II — Scotland

Interpretation

11

In this Part of this Schedule a “terrorist investigation” means any investigation to which section 17(1) of this Act applies.

Order for production of material

12

• (1) A procurator fiscal may, for the purpose of a terrorist investigation, apply to a sheriff for an order under sub-paragraph (2) below in relation to particular material or material of a particular description.

• (2) If on such an application the sheriff is satisfied that the conditions in sub-paragraph (5) below are fulfilled, he may make an order that the person who appears to him to be in possession of the material to which the application relates shall—

• (a) produce it to a constable for him to take away; or

• (b) give a constable access to it,

within such period as the order may specify and if the material is not in that person’s possession (and will not come into his possession within that period) to state to the best of his knowledge and belief where it is.

• (3) An order under sub-paragraph (2) above may relate to material of a particular description which is expected to come into existence or become available to the person concerned in the period of twenty-eight days beginning with the date of the order; and an order made in relation to such material shall require that person to notify a named constable as soon as possible after the material comes into existence or becomes available to that person.

• (4) The period to be specified in an order under sub-paragraph (2) above shall be seven days from the date of the order or, in the case of an order made by virtue of sub-paragraph (3) above, from the notification to the constable unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances of the application.

• (5) The conditions referred to in sub-paragraph (2) above are—

• (a) that a terrorist investigation is being carried out and that there are reasonable grounds for believing that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation; and

• (b) that there are reasonable grounds for believing that it is in the public interest, having regard—

• (i) to the benefit likely to accrue to the investigation if the material is obtained; and

• (ii) to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

• (6) Where the sheriff makes an order under sub-paragraph (2)(b) above in relation to material on any premises he may, on the application of the procurator fiscal, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

13

• (1) Provision may be made by Act of Adjournal as to—

• (a) the discharge and variation of orders under paragraph 12 above; and

• (b) proceedings relating to such orders.

• (2) The following provisions shall have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1) above—

• (a) an order under paragraph 12 above may be discharged or varied by a sheriff on a written application made to him by any person subject to the order;

• (b) unless the sheriff otherwise directs on grounds of urgency, the applicant shall, not less than forty-eight hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order to be discharged or varied was made.

• (3) Where the material to which an application under paragraph 12 above relates consists of information contained in a computer—

• (a) an order under sub-paragraph (2)(a) of that paragraph shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

• (b) an order under sub-paragraph (2)(b) of that paragraph shall have effect as an order to give access to the material in a form in which it is visible and legible;

• (4) Subject to paragraph 17(1)(b) below, an order under paragraph 12 above shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by statute or otherwise.

• (5) An order may be made under paragraph 12 above in relation to material in the possession of a government department which is an authorised government department for the purposes of the Crown Proceedings Act 1947; and any such order (which shall be served as if the proceedings were civil proceedings against the department) may require any officer of the department, whether named in the order or not, who may for the time being be in possession of the material concerned to comply with such order.

Warrant for search of premises

14

• (1) A procurator fiscal may, for the purpose of a terrorist investigation, apply to a sheriff for a warrant under this paragraph in relation to specified premises.

• (2) On such application the sheriff may issue a warrant authorising a constable to enter and search the premises if the sheriff is satisfied—

• (a) that an order made under paragraph 12 above in relation to material on the premises has not been complied with; or

• (b) that the conditions in sub-paragraph (3) below are fulfilled.

• (3) The conditions referred to in sub-paragraph (2)(b) above are—

• (a) that there are reasonable grounds for believing that there is material on the premises specified in the application in respect of which the conditions in sub-paragraph (5) of paragraph 12 above are fulfilled; and

• (b) that it would not be appropriate to make an order under that paragraph in relation to the material because—

• (i) it is not practicable to communicate with any person entitled to produce the material; or

• (ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or

• (iii) the investigation for the purposes of which the application is made may be seriously prejudiced unless a constable can secure immediate access to the material.

• (4) A warrant under this paragraph shall authorise a constable to enter the premises specified in the warrant and to search the premises and any persons found there and to seize and retain any material found there or on any such person, if he has reasonable grounds for believing that it is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

• (5) A warrant under this paragraph may authorise persons named in the warrant to accompany a constable who is executing it.

Explanation of seized or produced material

15

• (1) A sheriff may, on an application made by a procurator fiscal, order any person specified in the order to provide an explanation of any material produced or made available to a constable under paragraph 12 above or seized in pursuance of a warrant under paragraph 14 above.

• (2) A person shall not under this paragraph be required to disclose any information which he would be entitled to refuse to disclose on grounds of confidentiality in legal proceedings as being—

• (a) communications between a professional legal adviser and his client, or

• (b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

except that a lawyer may be required to furnish the name and address of his client.

• (3) A statement by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him—

• (a) on a prosecution for an offence under section 2 of the False Oaths (Scotland) Act 1933; or

• (b) on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

• (4) Sub-paragraphs (1), (2) and (5) of paragraph 13 above shall apply to orders under this paragraph as they apply to orders under paragraph 12 above.

Urgent cases

16

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency and that in the interests of the State immediate action is necessary, he may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 11A or 14 above.

• (2) Where an authority is given under this paragraph particulars of the case shall be notified as soon as may be to the Secretary of State.

• (3) If such a police officer as is mentioned in sub-paragraph (1) above has reasonable grounds for believing that the case is such as is there mentioned he may by a notice in writing signed by him require any person specified in the notice to provide an explanation of any materials seized in pursuance of an order under this paragraph.

• (4) Any person who without reasonable excuse fails to comply with a notice under sub-paragraph (3) above 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.

• (5) Sub-paragraphs (2) and (3) of paragraph 15 above shall apply to a requirement under sub-paragraph (3) above as they apply to an order under that paragraph.

Supplementary

17

• (1) This Part of this Schedule is without prejudice to—

• (a) any power of entry or search or any power to seize or retain property which is otherwise exercisable by a constable;

• (b) any rule of law whereby—

• (i) communications between a professional legal adviser and his client, or

• (ii) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

are in legal proceedings protected from disclosure on the ground of confidentiality.

• (2) For the purpose of exercising any powers conferred on him under this Part of this Schedule a constable may, if necessary, open lockfast places on premises specified in an order under paragraph 12 or 16 above or a warrant under paragraph 14 above.

• (3) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

SCHEDULE 8

The Extradition Act 1870 (c. 52)

1

The Criminal Justice Act 1967 (c. 80)

2

In section 67(7)(b) of the Criminal Justice Act 1967 for the words “section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989".

The Northern Ireland (Emergency Provisions) Act 1978 (c. 5)

3

The Suppression of Terrorism Act 1978 (c. 26)

4

In Schedule 1 to the Suppression of Terrorism Act 1978 after paragraph 19 there shall be inserted—

(19A) An offence under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989.

The Criminal Justice (Scotland) Act 1980 (c. 62)

5

In section 3D(1) of the Criminal Justice (Scotland) Act 1980 for paragraph (a) there shall be substituted—

(a) “terrorism provisions” means section 14(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention;

.

The Police and Criminal Evidence Act 1984 (c. 60)

6

• (1) The Police and Criminal Evidence Act 1984 shall be amended as follows.

• (2) In section 30(12) for paragraph (c) there shall be substituted—

(c) section 15(6) and (9) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and paragraphs 7(4) and 8(4) and (5) of Schedule 2 and paragraphs 6(6) and 7(4) and (5) of Schedule 5 to that Act.

• (3) In section 32(10) for the words “paragraph 6 of Schedule 3 to the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989".

• (4) In section 51(b) for the words “section 12 or 13 of the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or Schedule 2 or 5 to that Act".

• (5) In section 61(9)(b) after “(b)" there shall be inserted the words “except as provided in section 15(10) of, and paragraph 7(6) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989,".

• (6) In section 65 for the definition of “the terrorism provisions" and “terrorism" there shall be substituted respectively—

“the terrorism provisions” means section 14(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention; and “terrorism” has the meaning assigned to it by section 20(1) of that Act.

• (7) In section 116(5) for the words “section 1, 9 or 10 of the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 2, 8, 9, 10 or 11 of the Prevention of Terrorism (Temporary Provisions) Act 1989".

• (8) In section 118(2)(a) after the word “offence" there shall be inserted the words “or after being arrested under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5 to that Act by an examining officer who is a constable".

The Drug Trafficking Offences Act 1986 (c. 32)

7

In section 5(2) of the Drug Trafficking Offences Act 1986 the word “or" at the end of paragraph (b) shall be omitted and at the end of paragraph (c) there shall be inserted the words

, or (d) an order under section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),

.

The Northern Ireland (Emergency Provisions) Act 1987 (c. 30)

8

The Criminal Justice (Scotland) Act 1987 (c. 41)

9

In section 5(3)(b) of the Criminal Justice (Scotland) Act 1987 at the end of sub-paragraph (iii) there shall be inserted the words

or (iiia) section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),

.

The Criminal Justice Act 1988 (c. 33)

10

• (1) The Criminal Justice Act 1988 shall be amended as follows.

• (2) In section 71(9)(c) after the words “other than a drug trafficking offence" there shall be inserted the words “or an offence under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989".

• (3) In section 74(2) the word “or" at the end of paragraph (b) shall be omitted and at the end of paragraph (c) there shall be inserted the words

; or (d) an order under section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),

.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Part I — Enactments

Part II — Orders

Proscribed organisations.

2A

• (1) This section applies where a person is charged with an offence under section 2(1)(a) above; and references here to a specified organisation must be construed in accordance with section 2B below.

• (2) Subsection (3) below applies if a police officer of or above the rank of superintendent states in oral evidence that in his opinion the accused—

• (a) belongs to an organisation which is specified, or

• (b) belonged at a particular time to an organisation which was then specified.

• (3) If this subsection applies—

• (a) the statement shall be admissible as evidence of the matter stated, but

• (b) the accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the statement.

• (4) Subsection (6) below applies if evidence is given that—

• (a) at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

• (b) before being questioned he was permitted to consult a solicitor.

• (5) Subsection (6) below also applies if evidence is given that—

• (a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

• (b) before being charged or informed he was permitted to consult a solicitor.

• (6) If this subsection applies—

• (a) the court or jury, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but

• (b) the accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the inferences.

• (7) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

• (8) This section does not—

• (a) prejudice the admissibility of evidence admissible apart from this section;

• (b) preclude the drawing of inferences which could be drawn apart from this section;

• (c) prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

• (9) In subsection (8)(c) above the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery or disclosure, producing documents or otherwise).

• (10) In any proceedings in Scotland for an offence under section 2(1)(a) above in which the accused is charged with belonging to a specified organisation, where the court or jury draws an inference as mentioned in subsection (6) above any evidence that he belongs or, as the case may be, belonged to the organisation shall be sufficient evidence of that matter.

• (11) In this section “police officer” means a member of—

• (a) a police force within the meaning of the Police Act 1996 or the Police (Scotland) Act 1967, or

• (b) the Royal Ulster Constabulary.

• (12) This section does not apply to a statement made or failure occurring before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed.

2B

• (1) For the purposes of section 2A above an organisation is specified at a particular time if at that time—

• (a) it is specified under section 3(8) of the Northern Ireland (Sentences) Act 1998 or under subsection (2) below, and

• (b) it is, or forms part of, an organisation which is proscribed for the purposes of this Act.

• (2) If the condition in subsection (3) below is satisfied the Secretary of State may by order specify an organisation which is not specified under section 3(8) of the Northern Ireland (Sentences) Act 1998.

• (3) The condition is that the Secretary of State believes that the organisation—

• (a) is concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and

• (b) has not established or is not maintaining a complete and unequivocal ceasefire.

• (4) An order under this section shall be made by statutory instrument; and no order shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

Part IVA — Offences against Public Security

16A

• (1) A person is guilty of an offence if he has any article in his possession in circumstances giving rise to a reasonable suspicion that the article is in his possession for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies.

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

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

• (b) 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.

• (3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article in question was not in his possession for such a purpose as is mentioned in subsection (1) above.

• (4) Where a person is charged with an offence under this section and it is proved that at the time of the alleged offence—

• (a) he and that article were both present in any premises; or

• (b) the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public,

the court may accept the fact proved as sufficient evidence of his possessing that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it.

• (5) A person guilty of an offence under this section 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.

• (6) This section applies to vessels, aircraft and vehicles as it applies to premises.

16B

• (1) No person shall, without lawful authority or reasonable excuse (the proof of which lies on him)—

• (a) collect or record any information which is of such a nature as is likely to be useful to terrorists in planning or carrying out any act of terrorism to which this section applies; or

• (b) have in his possession any record or document containing any such information as is mentioned in paragraph (a) above.

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

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

• (b) 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.

• (3) In subsection (1) above the reference to recording information includes a reference to recording it by means of photography or by any other means.

• (4) Any person who contravenes this section is guilty of an offence and 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.

• (5) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.

PART IVB — CORDONS AND PROTECTIVE POWERS

16C

• (1) If it appears to a police officer of at least the rank of superintendent that it is expedient to do so in connection with an investigation into the commission, preparation or instigation of an act of terrorism to which this section applies, he may authorise a cordon to be imposed on an area specified by him in the authorisation.

• (2) If it appears to a constable below the rank of superintendent that it is necessary for him to do so as a matter of great urgency, he may exercise the power given to a superintendent by 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) 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) The powers that may be exercised within an area on which a cordon has been imposed under this section are set out in Schedule 6A to this Act.

• (5) Schedule 6A also makes further provision with respect to cordoned areas.

16D

• (1) If it appears to an appropriate officer that it is expedient to do so in order to prevent acts of terrorism to which section 16C above applies he may give an authorisation for the purposes of this section.

• (2) An authorisation—

• (a) may be given in writing or orally but if given orally must be confirmed in writing by the person giving it as soon as is reasonably practicable; and

• (b) has effect—

• (i) in relation to such roads, or parts of roads, as may be specified; and

• (ii) for such period, not exceeding 28 days, as may be specified.

• (3) Only roads, or parts of roads, which are within the police area of the officer giving the authorisation may be specified.

• (4) An authorisation gives any constable power to prohibit or restrict the leaving of vehicles, or their remaining at rest, on any specified road, or part of a road.

• (5) The power conferred by subsection (4) above is to be exercised by placing the appropriate traffic sign on, or on any structure which is on, the road or part of the road concerned.

• (6) If the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed under subsection (4) above fails to move the vehicle when ordered to do so by a constable in uniform, he is guilty of an offence.

• (7) A person is guilty of an offence if he leaves a vehicle, or permits a vehicle to remain at rest, on a road in contravention of a prohibition or restriction imposed under this section.

• (8) It is a defence for any person charged with an offence under this section to prove that he had lawful authority or some other reasonable excuse for the act or omission in question.

• (9) A person guilty of an offence under subsection (6) above is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

• (10) A person guilty of an offence under subsection (7) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (11) If it appears to an appropriate officer that the exercise of the powers conferred by this section ought to continue beyond the period for which their exercise has been authorised under this section he may, from time to time, authorise the exercise of those powers for a further period, not exceeding 28 days.

• (12) The fact that a person has a current disabled person’s badge does not—

• (a) exempt him from any prohibition or restriction imposed under this section; or

• (b) constitute lawful authority, or a reasonable excuse, for failing to comply with any order given under this section.

• (13) In this section—

• “appropriate officer” means—any police officer of or above the rank of commander of the metropolitan police, as respects the metropolitan police district;any police officer of or above the rank of commander of the City of London police, as respects the City of London; orany police officer of or above the rank of assistant chief constable of a force maintained for any other police area;

• “authorisation” means an authorisation given under this section;

• “disabled person’s badge” has the same meaning as in section 142 of the Road Traffic Regulation Act 1984;

• “driver” means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there;

• “road” has the same meaning as in the Road Traffic Act 1988;

• “specified” means specified in an authorisation;

• “traffic sign” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984; and

• “vehicle” has the same meaning as in section 99(5) of the Act of 1984.

• (14) A constable exercising powers under this section may suspend a parking place; and any such suspension is to be treated for the purposes of section 99 of the Act of 1984 (removal of vehicles illegally parked etc.), and any regulations in force under that section, as a restriction imposed under this section.

• (15) The powers conferred by this section are additional to any other powers which a constable has either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

18A

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

• (a) he knows, or suspects, that another person is providing financial assistance for terrorism;

• (b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and

• (c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.

• (2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

• (3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

• (4) Where a person discloses to a constable—

• (a) his suspicion or belief that another person is providing financial assistance for terrorism; or

• (b) any information or other matter on which that suspicion or belief is based;

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

• (5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

• (6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

• (7) In this section “providing financial assistance for terrorism” means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.

• (8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.