Legalize / United Kingdom / Public General Act

Northern Ireland (Emergency Provisions) Act 1996 (repealed)

Type Public General Act

Publication 1996-06-17

Last updated 2001-02-19

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(2) A person shall be informed of the right conferred on him by subsection (1) as soon as practicable after he has become a person to whom that subsection applies.

(3) A request made by a person under subsection (1), and the time at which it is made, shall be recorded in writing unless it is made by him while at a court after being charged with an offence.

(4) If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that any delay is permitted by this section.

(5) Any delay in complying with a request under subsection (1) is only permitted if—

(a) it is authorised by an officer of at least the rank of superintendent; and

(b) it does not extend beyond the relevant time.

(6) In subsection (5) “the relevant time” means—

(a) where the request is the first request made by the detained person under subsection (1), the end of the period referred to in section 46(6); or

(b) where the request follows an earlier request made by the detained person under that subsection in pursuance of which he has consulted a solicitor, the end of the period of forty-eight hours beginning with the time when that consultation began.

(7) An officer may give an authorisation under subsection (5) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(8) An officer may only authorise a delay in complying with a request under subsection (1) where he has reasonable grounds for believing that the exercise of the right conferred by that subsection at the time when the detained person desires to exercise it—

(a) will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or

(b) will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or

(d) will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or

(e) by alerting any person, will make it more difficult—

(i) to prevent an act of terrorism; or

(ii) to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.

(9) If any delay is authorised, then, as soon as is practicable—

(a) the detained person shall be told the reason for authorising it; and

(b) the reason shall be recorded in writing.

(10) If an officer of at least the rank of Assistant Chief Constable has reasonable grounds for believing that, unless he gives a direction under subsection (11), the exercise by a person of the right conferred by subsection (1) will have any of the consequences specified in subsection (8), he may give a direction under subsection (11).

(11) A direction under this subsection is a direction that a person desiring to exercise the right conferred by subsection (1) may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the Royal Ulster Constabulary.

(12) An officer is qualified for the purposes of subsection (11) if—

(a) he is of at least the rank of inspector; and

(b) in the opinion of the officer giving the direction, he has no connection with the case.

(13) Any authorisation under subsection (5) or direction under subsection (11) shall cease to have effect once the reason for giving it ceases to subsist.

Fingerprinting.

48

Article 61 (1) to (8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting) shall apply to the taking of a person’s fingerprints by a constable under section 15(9) of the Prevention of Terrorism (Temporary Provisions) Act 1989 as if for Article 61(4) there were substituted—

(4) An officer may only give an authorisation 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 section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or (b) whether he is subject to an exclusion order under that Act; or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that his fingerprints will tend to confirm or disprove his involvement.

Part VII — Miscellaneous

Supplementary regulations for preserving the peace, etc.

49

(1) The Secretary of State may by regulations make provision additional to the foregoing provisions of this Act for promoting the preservation of the peace and the maintenance of order.

(2) Regulations under this section may authorise the Secretary of State to make orders for such purposes as may be specified in the regulations.

(3) Any person contravening or failing to comply with the provisions of any regulations under this section or any instrument or directions under any such regulations 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.

Explosives factories, magazines and stores.

50

(1) The grounds on which the Secretary of State may reject an application for a licence under section 6 of the Explosives Act 1875 (new explosives factories and magazines) shall include the ground that the establishment of the factory or magazine in question is undesirable in the interests of safeguarding national security or protecting public safety; and a licence granted under that section may be withdrawn by him on that ground at any time before it comes into force.

(2) The Secretary of State may also refuse a licence under section 15 or registration under section 21 of that Act (explosives stores and other premises for keeping explosives) on the ground that the establishment of the store or, as the case may be, the keeping of explosives on the premises in question is undesirable in the interests of safeguarding national security or protecting public safety.

Independent Assessor of Military Complaints Procedures in Northern Ireland.

51

(1) The Secretary of State may appoint a person to be known as the Independent Assessor of Military Complaints Procedures in Northern Ireland (in this Act referred to as “the Independent Assessor”).

(2) A person shall not be eligible for appointment as the Independent Assessor if he is, or at any time during the period of twenty years ending with the date of the appointment has been, a serving member of Her Majesty’s forces.

(3) Schedule 4 to this Act shall have effect with respect to the Independent Assessor.

(4) The Independent Assessor—

(a) shall keep under review the procedures adopted by the General Officer Commanding Northern Ireland (“the GOC”) for receiving, investigating and responding to relevant complaints;

(b) shall receive and investigate any representations concerning those procedures;

(d) may require the GOC to review any particular case or group of cases in which the Independent Assessor considers any of those procedures to have operated inadequately; and

(e) may make to the GOC recommendations concerning any inadequacies in those procedures, including inadequacies in the way in which they operate in relation to any particular complaint, group of complaints or description of complaints.

(5) In this section “relevant complaint” means a complaint relating to the behaviour of any member of Her Majesty’s forces under the command of the GOC, other than—

(a) any complaint which has been referred by the GOC to the Royal Ulster Constabulary and not remitted by the Royal Ulster Constabulary to the GOC to be dealt with by him; and

(b) any complaint relating to a matter in respect of which a claim for compensation has been made under section 55 below or which is the subject of proceedings involving a claim for compensation which have been instituted in any court.

(6) The GOC shall—

(a) furnish such information;

(b) disclose such documents; and

as the Independent Assessor may reasonably require for the purpose of the performance of his functions.

Codes of practice: police powers.

52

(1) The Secretary of State shall make codes of practice in connection with the detention, treatment, questioning and identification of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989.

(2) The Secretary of State may make codes of practice in connection with—

(a) the exercise by police officers of any power conferred by Part II of this Act or by that Act; and

(b) the seizure and retention of property found by police officers when exercising powers of search conferred by any provision of this Act or that Act.

(3) The Secretary of State may make codes of practice in connection with the exercise by members of Her Majesty’s forces of any of their powers under Part II of this Act.

(4) In this section “police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

Video recording.

53

(1) The Secretary of State shall—

(a) make a code of practice in connection with the silent video recording of interviews to which this section applies; and

(b) make an order requiring the silent video recording of interviews to which this section applies in accordance with the code as it has effect for the time being.

(2) This section applies to—

(a) interviews held by police officers of persons detained under section 14(1)(a) or (b) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (arrest and detention of suspected persons), and

(b) interviews held by police officers in such other circumstances as may be specified in an order under subsection (1)(b).

(3) In this section “police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

Audio recording.

53A

(1) The Secretary of State shall—

(a) make a code of practice in connection with the audio recording of interviews to which this section applies; and

(b) make an order requiring the audio recording of interviews to which this section applies in accordance with the code as it has effect for the time being.

(2) This section applies to—

(a) interviews held by police officers of persons detained under section 14(1)(a) or (b) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (arrest and detention of suspected persons), and

(b) interviews held by police officers in such other circumstances as may be specified in an order under subsection (1)(b).

(3) In this section “police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

Codes of practice: supplementary.

54

(1) This section applies to a code of practice under section 52 or , 53 or 53A.

(2) When the Secretary of State proposes to issue a code of practice he shall prepare and publish a draft of the code, shall consider any representations made to him about the draft and may modify the draft accordingly.

(3) The Secretary of State shall lay before both Houses of Parliament a draft of any code of practice prepared by him; and when he has laid the draft of the code before both Houses he may by order bring the code into operation.

(4) An order bringing a code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.

(5) The Secretary of State may from time to time revise the whole or any part of a code of practice issued by him and issue the code as revised; and subsections (2) to (4) shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.

(6) A failure on the part of a police officer to comply with any provision of a code shall not of itself render him liable to any criminal or civil proceedings.

(7) A failure on the part of a member of Her Majesty’s forces to comply with any provision of a code shall not of itself render him liable to any criminal or civil proceedings other than—

(a) proceedings under any provision of the Army Act 1955 or the Air Force Act 1955 other than section 70 (civil offences); and

(b) proceedings under any provision of the Naval Discipline Act 1957 other than section 42 (civil offences).

(8) In all criminal and civil proceedings any code shall be admissible in evidence; and if any provision of a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(9) In this section—

“criminal proceedings” includes proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the 1957 Act and proceedings in Northern Ireland before the Courts-Martial Appeal Court;

“police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

Right to compensation.

55

(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State to any person who—

(a) has an estate or interest in that property or (as the case may be) is entitled to those rights of property, and

(b) suffers loss or damage as a result of the act.

(2) No compensation shall be payable under this section in respect of any act falling within subsection (1) unless an application for such compensation is made to the Secretary of State, in such manner as he may specify, within—

(a) the period of four months beginning with the date when the act was done, or

(b) such longer period beginning with that date and not exceeding twelve months as—

(i) the Secretary of State on a request being made to him in writing, or

(ii) the county court on an appeal under subsection (3),

may in a particular case allow.

(3) Where the Secretary of State refuses any request made to him for the purposes of subsection (2)(b), he shall serve a notice of his refusal on the person who made the request, and that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against that refusal.

(4) Where the Secretary of State has determined any application for compensation made in accordance with subsection (2), he shall serve on the applicant either—

(a) a notice stating that he has decided to award the applicant compensation in pursuance of his application and specifying the amount of the award, or

(b) a notice stating that he has decided to refuse the application;

and the applicant may within the period of six weeks beginning with the date of service of the notice appeal to the county court against the decision of the Secretary of State to pay the amount of compensation specified in the notice or (as the case may be) to refuse the application and unless he so appeals within that period that decision shall become in all respects final and binding.

(5) Any notice served under subsection (3) or (4) shall contain particulars of the right of appeal under that subsection and, in the case of a notice served under subsection (4), of the consequences of a failure to exercise that right.

(6) Where—

(a) a person having a right to compensation under this section has made an application in accordance with subsection (2), and

(b) by virtue of any assignment or operation of law that right has passed to any other person,

that other person (or, if he is subject to any legal disability, the person appearing to the Secretary of State to be entitled to act on his behalf) may be treated by the Secretary of State as the applicant for the purposes of any provision of this section.

(7) Where—

(a) a person has a right to compensation in respect of any act falling within subsection (1), and

(b) the act was done in connection with, or revealed evidence of the commission of—

(i) a scheduled offence, or

(ii) an offence under this Act other than a scheduled offence, and

his right to such compensation shall not be enforceable at any time when any such proceedings have not been concluded or if he is convicted of the offence.

Compensation: notices.

56

Any notice required by section 55 to be served on any person by the Secretary of State may—

(a) if that person is an individual, be served on him—

(i) by delivering it to him, or

(ii) by sending it by post addressed to him at his usual or last-known place of residence or business, or

(iii) by leaving it for him there;

(b) if that person is a partnership, be served on the partnership—

(i) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or

(ii) by addressing it to a partner or any such person and leaving it at that office;

(i) by sending it by post to the secretary or clerk of the body at its registered or principal office, or

(ii) by addressing it to the secretary or clerk of the body and leaving it at that office; or

(d) in any case, be served on that person’s solicitor by delivering it to the solicitor, or by sending it by post to him at his office, or by leaving it for him there.

Part VIII — Supplementary

Restriction of prosecutions.

57

A prosecution in respect of an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

General interpretation.

58

In this Act, except so far as the context otherwise requires—

“dwelling-house” means any building or part of a building used as a dwelling;

“explosive” means any article or substance manufactured for the purpose of producing a practical effect by explosion;

“explosive substance” means any substance for the time being specified in regulations made under section 3 of the Explosives Act (Northern Ireland) 1970;

“firearm” includes an air gun or air pistol;

“proscribed organisation” means an organisation for the time being specified in Schedule 2 to this Act, including an organisation which is to be treated as a proscribed organisation by virtue of section 30(2);

“public place” means a place to which for the time being members of the public have or are permitted to have access, whether on payment or otherwise;

“scheduled offence” has the meaning given by section 1;

“terrorism” means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear;

“terrorist” means a person who is or has been concerned in the commission or attempted commission of any act of terrorism or in directing, organising or training persons for the purpose of terrorism;

“vehicle” includes a hovercraft.

Repeal of Northern Ireland (Emergency Provisions) Act 1991.

59

The Northern Ireland (Emergency Provisions) Act 1991 shall cease to have effect.

Orders and regulations.

60

(1) Subject to subsection (4), any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.

(2) No order under section 1, 30 , 54 or 62(3) and no regulations under section 49 shall be made unless—

(a) a draft of the order or regulations has been approved by resolution of each House of Parliament; or

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

(3) Orders and regulations under the provisions mentioned in subsection (2) shall, if not so approved in draft, be laid before Parliament after being made and, if at the end of the period of forty days (computed in accordance with section 7(1) of the Statutory Instruments Act 1946) after the day on which the Secretary of State made such an order or regulations a resolution has not been passed by each House approving the order or regulations in question, the order or regulations shall then cease to have effect (but without prejudice to anything previously done or to the making of a new order or new regulations).

(4) Subsection (1) does not apply to any order under section 27 . . .or any order under regulations made by virtue of section 49.

(5) Any regulations under section 8 and any order under section 15(5), 16(8), 53 or 53A. . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Any order under section 39(4) shall be laid before Parliament after being made.

Expenses.

61

Any expenses of the Secretary of State under this Act shall be defrayed out of money provided by Parliament.

Commencement, duration, expiry and revival of provisions of this Act.

62

(1) This Act shall come into force on 25th August 1996.

(2) The temporary provisions of this Act, that is to say, Parts I to VII except—

(a) section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 10 and 11; and

(b) sections 55 and 56,

shall (subject and without prejudice to subsection (3)) expire with 15th June 1999.

(3) The Secretary of State may by order provide—

(a) that all or any of the temporary provisions of this Act which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding twelve months from the coming into operation of the order;

(b) that all or any of those provisions which are for the time being in force shall cease to be in force; or

(c) that all or any of those provisions which are not for the time being in force shall come into force again and remain in force for a period not exceeding twelve months from the coming into operation of the order.

(4) An order under subsection (3) which relates to section 20, 23, 24, 25 or 26 may provide for the continuance, cessation or revival of that section—

(a) generally,

(b) only in so far as it concerns powers of members of Her Majesty’s Forces, or

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The coming into force of any provision of sections 10 to 13 by virtue of an order made under subsection (3)(c) above shall not affect any trial on indictment where the indictment has been presented before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.

(7) Where before the coming into force of subsection (1) of section 10 by virtue of such an order a person has been committed for trial for a scheduled offence and the indictment has not been presented, then, on the coming into force of that subsection, he shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed—

(a) to the Crown Court sitting in Belfast; or

(b) where a direction has been given under that subsection which concerns the trial, to the Crown Court sitting at the place specified in the direction.

(8) The expiry or cesser of any provision mentioned in subsection (6) shall not affect the application of that provision to any trial on indictment where the indictment has been presented before the expiry or cesser; and the expiry or cesser of section 15 or 16 shall not affect the operation of that section in relation to an offence committed while it, or a corresponding earlier enactment, was in force.

(9) It is hereby declared that the expiry or cesser of any provision of section 10 shall not affect—

(a) any committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or

(b) any committal of a person for trial which, in accordance with that provision, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast,

in a case where the indictment has not been presented.

(10) This Act shall, by virtue of this subsection, be repealed as from the end of 24th August 2000.

Savings, amendments and repeals.

63

(1) Neither any rule of law nor any enactment other than this Act shall be construed as limiting or otherwise affecting the operation of any provision of this Act for the time being in force, but—

(a) subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty’s prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; and

(b) subject to the foregoing and to section 62(8) above, a provision of this Act shall not affect the operation of any rule of law or enactment at a time when the provision is not in force.

(2) Schedule 5 (which makes transitional provisions in relation to scheduled offences) shall have effect.

(3) Where this Act repeals and re-enacts provisions of the Northern Ireland (Emergency Provisions) Act 1991, the repeal and re-enactment shall not, unless the contrary intention appears, affect the continuity of the law.

(4) Any document made, served or issued after the commencement of this Act which contains a reference to an enactment repealed by this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of this Act.

(5) Any document made, served or issued after the commencement of this Act which contains a reference to a provision of this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of the Northern Ireland (Emergency Provisions) Act 1991.

(6) The enactments mentioned in Schedule 6 to this Act shall be amended in accordance with that Schedule.

(7) The enactments mentioned in Part I of Schedule 7 to this Act are hereby repealed, and the instruments mentioned in Part II of that Schedule are hereby revoked, to the extent there specified.

Short title and extent.

64

(1) This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1996.

(2) This Act extends to Northern Ireland only, except that the amendments and repeals in Schedules 6 and 7 have the same extent as the enactments to which they relate.

SCHEDULE 1

Part I — Substantive Offences

Common law offences

1

Murder subject to note 1 below.

2

Manslaughter subject to note 1 below.

3

Riot subject to note 1 below.

4

Kidnapping subject to note 1 below.

5

False imprisonment subject to note 1 below.

Malicious Damage Act 1861 (c. 97)

6

Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) subject to note 1 below.

Offences against the Person Act 1861 (c. 100)

7

Offences under the following provisions of the Offences against the Person Act 1861 subject to note 1 below—

(a) section 4 (offences relating to murder) . . .;

(b) section 16 (threats to kill) . . .;

(d) section 20 (causing grievous bodily harm) . . .;

(e) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm);

(f) section 47 (assault occasioning actual bodily harm) . . ..

Explosive Substances Act 1883 (c. 3)

8

Offences under the following provisions of the Explosive Substances Act 1883 subject to note 1 below-

(a) section 2 (causing explosion likely to endanger life or damage property);

(b) section 3 (intending or conspiring to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property);

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))

9

Offences under the following provisions of the Prison Act (Northern Ireland) 1953 subject to note 1 below—

(a) section 25 (being unlawfully at large while under sentence);

(b) section 26 (escaping from lawful custody and failing to surrender to bail);

(d) section 28 (breaking prison by force or violence);

(e) section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment);

(f) section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment);

(g) section 32 (causing discharge of prisoner under pretended authority);

(h) section 33 (assisting prisoners to escape by conveying things into prisons).

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10

Offences under the following provisions of the Theft Act (Northern Ireland) 1969—

(a) section 1 (theft) subject to note 2 below;

(b) section 8 (robbery) subject to notes 1 and 3 below;

(d) section 10 (aggravated burglary) subject to notes 1 and 3 below;

(e) section 15 (obtaining property by deception) subject to note 2 below;

(f) section 20 (blackmail) subject to notes 1 and 2 below.

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.))

11

Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969 subject to note 1 below—

(a) section 1 (intimidation) . . .;

(b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances);

Hijacking

12

Offences under section 1 of the Aviation Security Act 1982 (aircraft) subject to note 1 below.

13

Offences in Northern Ireland under section 2 of the Criminal Jurisdiction Act 1975 (vehicles or ships) subject to note 1 below.

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

14

Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977 subject to note 1 below—

(a) Article 3(1) and (3) or Article 3(2) and (3) (arson);

(b) Article 3(2) (destroying or damaging property with intent to endanger life);

(d) Article 5 (possessing anything with intent to destroy or damage property).

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))

15

Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.

Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))

16

Offences under the following provisions of the Firearms (Northern Ireland) Order 1981 subject to note 1 below—

(a) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered) . . .;

(b) Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm) . . .;

(d) Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);

(e) Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.);

(f) Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(g) Article 20 (carrying firearm, etc, in public place) subject to note 4 below;

(h) Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc, and sale of firearm or ammunition to such a person) . . .;

(i) Article 23 (possessing firearm or ammunition in suspicious circumstances).

Taking of Hostages Act 1982 (c. 28)

17

Offences under the Taking of Hostages Act 1982 subject to note 1 below.

Nuclear Material (Offences) Act 1983 (c. 18)

18

Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) subject to note 1 below.

Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

19

Offences under the following provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989—

(a) section 8 (breach of exclusion order);

(b) sections 9, 10 and 11 (financial assistance for terrorism);

(d) section 18 (information about acts of terrorism);

(e) section 18A (failure to disclose knowledge or suspicion of financial assistance for terrorism);

(f) paragraph 25B of Schedule 4 (contravention of restraint orders).

Aviation and Maritime Security Act 1990 (c. 31)

20

Offences under the following provisions of the Aviation and Maritime Security Act 1990 subject to note 1 below-

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

21

Offences under the following provisions of the Channel Tunnel (Security) Order 1994 subject to note 1 below-

(a) Article 4 (hijacking of Channel Tunnel trains);

(b) Article 5 (seizing or exercising control of the tunnel system).

This Act

22

Offences under the following provisions of this Act—

(a) section 21(5) subject to note 1 below;

(b) section 29;

(d) section 31;

(e) section 32;

(f) section 33;

(g) section 34;

(h) section 35;

(i) section 37 subject to note 1 below;

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes

1

Any offence specified in this Part of this Schedule which is stated to be subject to this note is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

2

An offence specified in paragraph 10(a), (c) or (e) 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; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 10(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.

4

The offence specified in paragraph 16(g) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.

Each of the following offences, that is to say—

shall be treated for the purposes of this Act as if it were the substantive offence.

Part III — Extra-Territorial Offences

Any extra-territorial offence as defined in section 1(3) of the Criminal Jurisdiction Act 1975.

SCHEDULE 2

SCHEDULE 3

Advisers

1

The Secretary of State shall for the purposes of this Schedule appoint such number of Advisers as he may determine to advise him on matters concerning the detention and release of terrorists.

2

An Adviser shall be a person who holds or has held judicial office in any part of the United Kingdom or who is—

(a) a person who has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(b) an advocate or solicitor in Scotland of at least ten years’ standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years’ standing.

3

(1) An Adviser shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for reappointment.

(2) An Adviser may at any time by notice in writing to the Secretary of State resign his office.

(3) The Secretary of State may pay to the Advisers such remuneration and allowances as he may determine.

Interim custody orders

4

(1) Where it appears to the Secretary of State that there are grounds for suspecting that a person has been concerned—

(a) in the commission or attempted commission of any act of terrorism, or

(b) in directing, organising or training persons for the purpose of terrorism,

the Secretary of State may make an interim custody order for the temporary detention of that person.

(2) An interim custody order shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

5

(1) The Secretary of State may, at any time before the expiry of the period of fourteen days following the date of an interim custody order, refer the case to an Adviser and, unless the case is so referred, the order shall cease to have effect at the expiry of that period.

(2) A reference to an Adviser under this paragraph shall be by notice in writing signed on behalf of the Secretary of State and a copy of the notice shall be sent to the person detained.

Reference to an Adviser

6

(1) As soon as possible after a case is referred to an Adviser under paragraph 5, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.

(2) A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1), send to the Secretary of State—

(a) written representations concerning his case; and

(b) a written request that he be seen personally by an Adviser;

and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.

(3) The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.

7

(1) Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion—

(a) the person detained has been concerned in terrorist activities; and

(b) the detention of that person is necessary for the protection of the public.

(2) In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the person detained.

(3) No person shall be present during the consideration by an Adviser of the case of any person referred to him, except—

(a) any person who for the time being is being seen by the Adviser;

(b) any assistant to the Adviser; and

(4) The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.

Detention orders

8

(1) After receiving a report made by an Adviser under paragraph 7(1), the Secretary of State shall consider the case of the person to whom it relates and, if he is satisfied—

(a) that the person has been concerned in the commission or attempted commission of any act of terrorism, or in directing, organising or training persons for the purpose of terrorism, and

(b) that the detention of that person is necessary for the protection of the public,

the Secretary of State may make a detention order for the detention of that person.

(2) If, on considering any case under sub-paragraph (1), the Secretary of State is not satisfied as mentioned in that sub-paragraph, he shall direct the release of the person concerned.

(3) Subject to sub-paragraphs (4) and (5), where—

(a) a person is detained under an interim custody order; and

(b) a detention order is not made in respect of that person within the period of seven weeks following the date of the interim custody order,

the interim custody order shall cease to have effect.

(4) The Secretary of State may, where a person is required to be detained under an interim custody order, give a direction in writing extending the period of seven weeks mentioned in sub-paragraph (3) (or that period as extended under this sub-paragraph) for a further period of one week if it is stated in the direction that the report of the Adviser in relation to that person’s case has not been received before the sixth day immediately preceding the day on which the interim custody order would, but for the direction, cease to have effect.

(5) Not more than three directions under sub-paragraph (4) shall be given in respect of any one interim custody order.

(6) A detention order shall be signed by the Secretary of State, and a direction under sub-paragraph (4) shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

Supplemental

9

(1) The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and, if so requested in writing in accordance with sub-paragraph (2) by a person so detained, shall do so within fourteen days beginning with the receipt of the request.

(2) A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1)—

(a) before the expiry of the period of one year beginning with the date of the detention order; or

(b) within a period of six months from the date of the last notification under sub-paragraph (5) below.

(3) On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person’s continued detention is necessary for the protection of the public.

(4) Paragraphs 6(3) and 7(2) to (4) shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5.

(5) Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.

(6) A notification under sub-paragraph (5) shall be by notice in writing and signed by the Secretary of State.

10

(1) The Secretary of State may, as respects a person detained under an interim custody order—

(a) direct his discharge unconditionally; or

(b) direct his release (whether or not subject to conditions) for a specified period.

(2) The Secretary of State may, as respects a person detained under a detention order—

(a) direct his discharge unconditionally; or

(b) direct his release subject to conditions or for a specified period, or both.

(3) The Secretary of State may recall to detention a person released under sub-paragraph (1)(b) or (2)(b) and a person so recalled may be detained under the original interim custody or detention order, as the case may be.

(4) Where a person is released under sub-paragraph (1)(b), any period during which he is not in detention shall be left out of account for the purposes of paragraphs 5(1), 6(2) and 8(3).

11

(1) A person required to be detained under an interim custody order or a detention order may be detained in a prison or in some other place approved for the purposes of this paragraph by the Secretary of State.

(2) A person for the time being having custody of a person required to be detained as aforesaid shall have all the powers, authorities, protection and privileges of a constable.

(3) Subject to any directions of the Secretary of State, a person required to be detained as aforesaid shall be treated as nearly as may be as if he were a prisoner detained in a prison on remand and any power of temporary removal for judicial, medical or other purposes shall apply accordingly.

(4) A person required to be detained as aforesaid who is unlawfully at large may be arrested without warrant by any constable or any member of Her Majesty’s forces on duty.

12

Where a person required to be detained under an interim custody order is unlawfully at large, the interim custody order shall not cease to have effect under paragraph 5 or 8 while he remains at large; and, upon his being taken again into custody, those paragraphs shall have effect as if the date of the interim custody order were that of his being taken again into custody.

13

Any person who—

(a) being detained under an interim custody order or detention order, escapes;

(b) rescues any person detained as aforesaid, or assists a person so detained in escaping or attempting to escape;

(c) fails to return to detention at the expiry of a period for which he was released under paragraph 10(1)(b) or (2)(b); or

(d) knowingly harbours any person required to be detained under an interim custody order or detention order, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody,

is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding five years or a fine or both.

14

(1) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Schedule and to be signed in accordance with this Schedule shall be received in evidence and shall, until the contrary is proved, be deemed to be duly made or given and signed.

(2) Prima facie evidence of any such order, notice or direction may, in any legal proceedings, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State stating that the document is a true copy of the order, notice or direction; and the certificate shall be received in evidence, and shall, until the contrary is proved, be deemed to be duly made and signed.

15

The Secretary of State may make such payments to persons released or about to be released from detention under this Schedule as he may, with the consent of the Treasury, determine.

SCHEDULE 4

Tenure of office

1

(1) Subject to the following provisions of this paragraph, the Independent Assessor shall hold and vacate office in accordance with the terms of his appointment.

(2) The Independent Assessor shall be appointed for a term not exceeding three years.

(3) The Independent Assessor may at any time resign his office by notice in writing addressed to the Secretary of State.

(4) The Secretary of State may remove the Independent Assessor from office—

(a) if he has without reasonable excuse failed to carry out his duties for a continuous period of six months or more;

(b) if he has been convicted of a criminal offence;

(c) if a bankruptcy order has been made against him, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(d) if the Secretary of State is satisfied that he is otherwise unable or unfit to perform his functions.

(5) At the end of a term of appointment the Independent Assessor shall be eligible for re-appointment.

Remuneration etc.

2

(1) There shall be paid to the Independent Assessor such remuneration and such travelling and other allowances as the Secretary of State may determine.

(2) In the case of any such holder of the office of Independent Assessor as may be determined by the Secretary of State, there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments towards the provision of a pension to or in respect of him, as may be so determined.

Staff

3

(1) The Independent Assessor may appoint such number of employees as he may determine.

(2) The remuneration and other terms and conditions of service of persons employed by the Independent Assessor shall be such as he may determine.

(3) The approval of the Secretary of State shall be required for the making of a determination under this paragraph.

Reports

4

(1) The Independent Assessor shall prepare an annual report on the performance of his functions which he shall submit to the Secretary of State who shall cause it to be published and lay copies of it before each House of Parliament.

(2) The Independent Assessor may make a report to the Secretary of State about any matter which comes to his attention in the course of the performance of his functions.

Disqualification

5

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the following entry shall be inserted at the appropriate place—

Independent Assessor of Military Complaints Procedures in Northern Ireland.

SCHEDULE 5

1

In this Schedule “commencement” means the time when this Act comes into force.

2

(1) This Schedule applies to offences which—

(a) were immediately before commencement specified in Part I of Schedule 1 to the Northern Ireland (Emergency Provisions) Act 1991, but

(b) are not immediately after commencement specified in Part I of Schedule 1 to this Act.

(2) In relation to offences committed (or alleged to have been committed) before commencement, this Act shall apply as if offences to which this Schedule applies were specified in Part I of Schedule 1.

(3) Sub-paragraph (2) is subject to the following provisions.

3

Paragraph 2(2) shall not apply in relation to section 2 (preliminary inquiry) unless a request that a preliminary inquiry be held has been granted under section 2 of the 1991 Act.

4

Paragraph 2(2) shall not apply in relation to section 3 (limitation of power to grant bail).

5

Paragraph 2(2) shall not apply in relation to section 4 (legal aid to applicants for bail) except for the purposes of assignments made before commencement.

6

Paragraph 2(2) shall not apply in relation to section 5 (maximum period of remand in custody) except for the purposes of orders for remand made before commencement.

7

Paragraph 2(2) shall not apply in relation to section 6 (custody of young persons).

8

Paragraph 2(2) shall not apply in relation to section 8 (time limits for preliminary proceedings).

9

Paragraph 2(2) shall not apply in relation to sections 10 to 13 (court, mode of trial, evidence and onus of proof) except in cases where the case for the prosecution was opened, or a plea of guilty was accepted, before commencement.

10

Paragraph 2(2) shall not apply in relation to sections 14 to 16 (treatment of offenders) except where the conviction of the offence in question occurred before commencement.

11

Paragraph 2(2) shall not apply in relation to section 18 (constable’s general power of arrest and seizure) except where the arrest, entry, search or seizure occurred before commencement.

12

Paragraph 2(2) shall not apply in relation to section 46(8)(a) to (c) (right to have someone informed of detention: delay related to scheduled offence) except for the purposes of authorisations given before commencement.

13

Paragraph 2(2) shall not apply in relation to section 47(8)(a) to (c) (right of access to legal advice: delay related to scheduled offence) except for the purposes of authorisations given before commencement.

14

Paragraph 2(2) shall not apply in relation to section 53(7) (compensation: restriction) except where the act in question was done before commencement.

15

Note 1 of Part I of Schedule 1 shall apply to any offence to which the corresponding note in the Northern Ireland (Emergency Provisions) Act 1991 applied.

SCHEDULE 6

The Elected Authorities (Northern Ireland) Act 1989 (c. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

4

The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.

5

In section 10(3) (contributions to resources of proscribed organisations), for the words “section 28 of the Northern Ireland (Emergency Provisions) Act 1991” there shall be substituted the words “ section 30 of the Northern Ireland (Emergency Provisions) Act 1996 ”.

6

(1) Section 17 (investigation of terrorist activities) shall be amended as follows.

(2) In subsection (1)(a)(ii) for the words “section 27, 28, 53, 54 or 54A of the Northern Ireland (Emergency Provisions) Act 1991” there shall be substituted the words “ section 29 or 30 of the Northern Ireland (Emergency Provisions) Act 1996 ”.

(3) In subsection (1)(a)(iii) for the words “section 28 of the said Act of 1991” there shall be substituted the words “ section 30 of the said Act of 1996 ”.

(4) In subsection (1)(b) for the words “section 28(3) of that Act” there shall be substituted the words “ section 30(3) of the Act of 1996 ”.

(5) In subsection (2A) the words “or section 53, 54 or 54A of the Northern Ireland (Emergency Provisions) Act 1991” shall be omitted.

(6) In subsection (2B) the words “or section 53(4A), 54(5D) or 54A(5) of the Act of 1991” shall be omitted.

(7) In subsection (6) the words “or section 54A of the Act of 1991” shall be omitted.

7

(1) Section 27 (commencement and duration) shall be amended as follows.

(2) In subsection (10) for the words “section 28 of the Northern Ireland (Emergency Provisions) Act 1991” there shall be substituted the words “ section 30 of the Northern Ireland (Emergency Provisions) Act 1996 ”.

(3) For subsection (11) there shall be substituted—

(11) The provisions excluded by subsection (10) above from subsection (5) shall remain in force until 15th June 1997 and then expire but shall be— (a) included in the provisions to which subsection (3) of section 62 of the said Act of 1996 applies (provisions that can be continued in force, repealed or revived by order); and (b) treated as part of that Act for the purposes of subsection (10) of that section (repeal at end of two years).

8

In paragraph 7(4) of Schedule 3 (supervision of detention and examination powers), for the words “sections 44 and 45 of the Northern Ireland (Emergency Provisions) Act 1991” there shall be substituted the words “ sections 46 and 47 of the Northern Ireland (Emergency Provisions) Act 1996 ”.

9

(1) Schedule 4 (forfeiture orders) shall be amended as follows.

(2) In paragraph 8(1), in the definition of “a Northern Ireland order” for paragraph (b) there shall be substituted—

(b) an order made under paragraph 23 or 25A below (“a Northern Ireland restraint order”); or

(3) In paragraph 18(1), in the definition of “a Northern Ireland order” for paragraph (b) there shall be substituted—

(b) an order made under paragraph 23 or 25A below (“a Northern Ireland restraint order”); or

(4) After paragraph 25 there shall be inserted—

(25A) (1) The power to make a restraint order under the provisions of paragraphs 23 and 24 above shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under Part III of this Act. (2) In their application by virtue of sub-paragraph (1) above paragraphs 23 to 25 above shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State. (3) An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 23(5) or 24(2) above. (25B) (1) A person who, without lawful authority or reasonable excuse (the proof of which lies on him), contravenes a restraint order is guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding fourteen 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. (2) Nothing in sub-paragraph (1) above shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.

10

In paragraph 8(1) of Schedule 7 (terrorist investigations), for the words “or an offence under section 27 of the Northern Ireland (Emergency Provisions) Act 1991” there shall be substituted the words “ or an offence under section 29 of the Northern Ireland (Emergency Provisions) Act 1996 ”.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

11

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

The Northern Ireland (Remission of Sentences) Act 1995 (c. 47)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

SCHEDULE 7

Part I — Enactments

Part II — Orders and Regulations

Editorial notes

[^c1180654]: Act repealed (N.I.) (as from the end of 24.8.2000) by 1996 c. 22, s. 62(10) (as substituted (8.4.1998) by 1998 c. 9, s. 1(3)) but by 2000 c. 11, ss. 2(2), 128, Sch. 1 paras. 1, 2(1) there is continued in force for a period of 12 months beginning with 20.7.2000 any provision of the Act (except ss. 26(1)(b), 35 and 50) if and so far as it is in force immediately before 20.7.2000 by virtue of an order under s. 62(3) of this Act

[^c1180656]: Act: temporary provisions of the Act (as defined in s. 62(2) except s. 36, Sch. 3) to continue in force for a period of twelve months beginning with 16.6.1997 by virtue of S.I. 1997/1114, art. 3

[^c1180657]: Act: certain provisions continued in force until 15.6.1999 by virtue of the amendment of s. 62(2) of the Act by 1998 c. 9, s. 1(2)

[^c1180658]: Act: temporary provisions (as defined in s. 62(2)) to continue in force for a period of twelve months beginning with 16.6.1999 by virtue of S.I. 1999/1709, art. 3

[^c1180659]: Act not in force at Royal Assent; Act wholly in force at 25.8.1996 see s. 62(1); for duration see s.62(2)-(10)

[^c1180660]: Act ceased to have effect (subject to temporary extension of specified provisions as mentioned below) (20.7.2000) (temporary extension: by ss. 2(2), 128, Sch. 1 paras. 1, 2(1) of 2000 c. 11 there is continued in force for a period of 12 months beginning with 20.7.2000 any provision of the Act (except ss. 26(1)(b), 35 and 50) if and so far as it is in force immediately before 20.7.2000 by virtue of an order under s. 62(3) of this Act) Act wholly repealed (19.2.2001) by virtue of 2000 c. 11, ss. 2(1)(b), 125(2), 128, Sch. 16 Pt. I; S.I. 2001/421, art. 2

[^c1180655]: Act: temporary provisions (as defined in s. 62(2)) to continue in force for a period beginning with 16.6.2000 and ending with 24.8.2000 by virtue of S.I. 2000/1608, art. 3

[^c1180661]: Power to continue any provision of the Act (except ss. 26(1)(b), 35 and 50) if and so far as it is in force immediately before 20.7.2000 or to provide that any such provision shall cease to have effect or cease to be capable of being the subject of an order under s. 62(3) conferred (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 paras. 1, 2, 4

[^c1180772]: S. 62 amended (4.9.1998) by 1998 c. 40, s. 4(10)

[^c1180773]: Words in s. 62(2) substituted (8.4.1998) by 1998 c. 9, s. 1

[^c1180774]: S. 62(3)(10) extended (25.8.1996) by 1989 c. 4, s. 27(11) (as substituted by 1996 c. 22, ss. 62(1), 63(6), Sch. 6 para. 7(3) (with s. 62(2))

[^c1180775]: S. 62(3)(a)(b)(c) continued (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 para. 3(1)(2)

[^c1180776]: S. 62(5) repealed (8.4.1998) by 1998 c. 9, s. 7(1)(2), Sch. 1 para. 3(4), Sch. 2

[^c1180778]: Words in s. 62(10) substituted (8.4.1998) by 1998 c. 9, s. 1

[^c1180779]: 1991 c. 24.

[^c1180650]: Act repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, arts. 2, 3

[^c1180662]: 1975 c. 59.

[^c1180663]: S.I. 1981/1675 (N.I. 26).

[^c1180664]: S. 3 (except so far as relating to offences which are scheduled offences by virtue of Sch. 1 Pt. III) continued for a period of 12 months beginning with 20.7.2000 by 2000 c. 11, ss. 2(2), 128, Sch. 1 paras. 1, 2(1)

[^c1180665]: S.I. 1981/228 (N.I. 8).

[^c1180666]: S.I. 1981/1675 (N.I. 26).

[^c1180667]: S.I. 1981/1675 (N.I. 26).

[^c1180668]: S.I. 1981/1675 (N.I. 26).

[^c1180669]: 1978 c. 23.

[^c1180670]: S. 10 (except so far as relating to offences which are Scheduled offences by virtue of Sch. 1 Pt. III) continued for a period of 12 months beginning with 20.7.2000 by 2000 c. 11, ss. 2(2), 128, Sch. 1 paras. 1, 2(1)

[^c1180671]: 1978 c. 23.

[^c1180672]: S. 11 (except so far as relating to offences which are scheduled offences by virtue of Sch. 1 Pt. III) continued for a period of 12 months beginning with 20.7.2000 by 2000 c. 11, ss. 2(2), 128, SCh. 1 paras. 1, 2(1)

[^c1180673]: 1945 c. 16 (N.I.)

[^c1180674]: 1980 c. 47.

[^c1180675]: S. 13 modified (20.7.2000) (in so far as continued by virtue of Sch. 1 of modifying Act) by 2000 c. 11, ss. 118(5), 128

[^c1180676]: 1883 c. 3.

[^c1180677]: 1969 c. 29 (N.I.).

[^c1180678]: S.I. 1981/155 (N.I. 2).

[^c1180680]: S. 14 substituted (31.1.1999) by S.I. 1998/1504 (N.I. 9), art. 65(1), Sch. 5 para. 47; S.R. 1999/25, art. 2

[^c1180681]: 1953 c. 18 (N.I.).

[^c1180682]: 1991 c. 24.

[^c1180683]: 1978 c. 5.

[^c1180684]: 1989 c. 4.

[^c1180695]: Words in s. 16(3) substituted (31.1.1999) by S.I. 1998/1504 (N.I. 9), art. 65(1), Sch. 5 para. 48; S.R. 1999/25, art. 2

[^c1180696]: 1953 c. 18 (N.I.).

[^c1180697]: 1968 c. 29 (N.I.).

[^c1180698]: 1968 c. 29 (N.I.).

[^c1180699]: 1955 c. 18.

[^c1180700]: 1955 c. 19.

[^c1180701]: 1957 c. 53.

[^c1180702]: 1991 c. 24.

[^c1180703]: 1978 c. 5.

[^c1180704]: 1989 c. 4.

[^c1180705]: S. 19(5) inserted (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 para. 8

[^c1180706]: 1998 c. 42.

[^c1180708]: S. 20(5A) inserted (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 para. 9

[^c1180709]: 1949 c. 54.

[^c1180710]: 1875 c. 17.

[^c1180711]: S.I. 1989/1341 (N.I. 12).

[^c1180712]: S. 26 (except subsection (1)(b)) continued for a period 12 months beginning with 20.7.2000 by 2000 c. 11, ss. 2(2), 128, Sch. 1 paras. 1, 2(1)

[^c1180713]: S. 26(2A) inserted (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 para. 10

[^c1180714]: 1973 c. 53.

[^c1180715]: 1978 c. 5.

[^c1180716]: 1991 c. 24.

[^c1180717]: 1922 c. 5 (N.I.).

[^c1180718]: 1868 c. 37.

[^c1180719]: S. 29 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(b); S.I. 1998/1858, art. 2

[^c1180720]: S. 29 restricted (27.2.1997) by 1997 c. 7, s. 4(1), Sch. para. 10 (with s. 11(2))

[^c1180721]: S. 30(1) restricted (28.7.1998) by 1998 c. 35, s. 14(2)(b); S.I. 1998/1858, art. 2

[^c1180722]: S. 30(1)(c) restricted (27.2.1997) by 1997 c. 7, s. 4(1), Sch. para. 10(b) (with s. 11(2))

[^c1180723]: S. 30(1)(d)(ii)(iii) restricted (27.2.1997) by 1997 c. 7, s. 4(1), Sch. para. 10 (with s. 11(2))

[^c1180730]: S. 31 restricted (27.2.1997) by 1997 c. 7, s. 4(1), Sch. para. 10(d) (with s. 11(2))

[^c1180731]: S. 31 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(b); S.I. 1998/1858, art. 2

[^c1180732]: S. 32 restricted (27.2.1997) by 1997 c. 7, s. 4(1), Sch. para. 10(e) (with s. 11(2))

[^c1180733]: S. 32 modified (20.7.2000) (in so far as continued by virtue of Sch. 1 of the modifying Act) by 2000 c. 11, ss. 118(5)(b), 128

[^c1180736]: S. 33 modified (20.7.2000) (in so far as continued by virtue of Sch. 1 of the modifying Act) by 2000 c. 11, ss. 118(5)(b), 128

[^c1180737]: S. 33(5A)(5B) inserted (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 para. 11

[^c1180739]: 1978 c. 30.

[^c1180740]: 1819 c. 1.

[^c1180741]: S. 35 restricted (27.2.1997) by 1997 c. 7, s. 4(1), Sch. para. 10(f) (with s. 11(2))

[^c1180742]: S. 35 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(b); S.I 1998/1858, art. 2

[^c1180725]: Ss. 30A, 30B inserted (4.9.1998) by 1998 c. 40, s. 2

[^c1180726]: 1996 c. 16.

[^c1180727]: 1967 c. 77.

[^c1180728]: Ss. 30A, 30B inserted (4.9.1998) by 1998 c. 40, s. 2

[^c1180729]: 1998 c. 35.

[^c1180744]: S. 36 repealed (8.4.1998) by 1998 c. 9, ss. 3, 7(2), Sch. 2

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