Terrorism Act 2000

• (1) This Schedule makes supplementary provision relating to the offence in section 58A (eliciting, publishing or communicating information about members of the armed forces etc).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic service providers: extension of liability

2

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

Non-UK service providers: restriction on proceedings

3

• (1) This paragraph applies where a service provider is established in an EEA state ... (a “non-UK service provider”).

• (2) Proceedings for an offence under section 58A must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the following conditions are met.

• (3) The conditions are—

• (a) that the bringing of proceedings is necessary for one of the following reasons—

• (i) public policy,

• (ii) public security, including the safeguarding of national security and defence;

• (b) that the proceedings are brought against an information society service that prejudices the objectives referred to in paragraph (a) or presents a serious and grave risk of prejudice to those objectives;

• (c) that the bringing of the proceedings is proportionate to those objectives.

Exceptions for mere conduits

4

• (1) A service provider is not guilty of an offence under section 58A in respect of anything done in the course of providing so much of an information society service as consists in—

• (a) the provision of access to a communication network, or

• (b) the transmission in a communication network of information provided by a recipient of the service,

if the following condition is satisfied.

• (2) The condition is that the service provider does not—

• (a) initiate the transmission,

• (b) select the recipient of the transmission, or

• (c) select or modify the information contained in the transmission.

• (3) For the purposes of sub-paragraph (1)—

• (a) the provision of access to a communication network, and

• (b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

• (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

5

• (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

• (2) The service provider is not guilty of an offence under section 58A in respect of the automatic, intermediate and temporary storage of information so provided, if—

• (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

• (b) the following conditions are satisfied.

• (3) The first condition is that the service provider does not modify the information.

• (4) The second condition is that the service provider complies with any conditions attached to having access to the information.

• (5) The third condition is that if the service provider obtains actual knowledge that—

• (a) the information at the initial source of the transmission has been removed from the network,

• (b) access to it has been disabled, or

• (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information,

the service provider expeditiously removes the information or disables access to it.

Exception for hosting

6

• (1) A service provider is not guilty of an offence under section 58A in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if the condition is met.

• (2) The condition is that—

• (a) the service provider had no actual knowledge when the information was provided that it contained offending material, or

• (b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

• (3) “ Offending material ” means information about a person who is or has been—

• (a) a member of Her Majesty's forces,

• (b) a member of any of the intelligence services, or

• (c) a constable,

which is of a kind likely to be useful to a person committing or preparing an act of terrorism.

• (4) This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider.

• (5) In this paragraph “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).

Interpretation

7

• (1) In this Schedule—

• " the E-Commerce Directive "means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market ;

• “ information society services ”— has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), andis summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

• “ recipient ”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

• “ service provider ” means a person providing an information society service.

• (2) For the purposes of this Schedule whether a service provider is established in an EEA state shall be determined in accordance with the following provisions—

• (a) a service provider is established in a particular EEA state if the service provider—

• (i) effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period, and

• (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union ;

• (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

• (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

SCHEDULE 9 — Scheduled Offences

Part I — Substantive Offences

Common law offences

1

Murder . . . .

2

Manslaughter . . . .

3

Riot . . . .

4

Kidnapping . . . .

5

False imprisonment . . . .

Malicious Damage Act 1861 (c. 97)

6

Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) . . . .

Offences against the Person Act 1861 (c. 100)

7

Offences under the following provisions of the Offences against the Person Act 1861 . . . —

• (a) section 4 (offences relating to murder),

• (b) section 16 (threats to kill),

• (c) section 18 (wounding with intent to cause grievous bodily harm),

• (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), and

• (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 . . . —

• (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), and

• (c) section 4 (making or possessing explosives in suspicious circumstances).

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

9

Offences under the following provisions of the Prison Act (Northern Ireland) 1953 . . . —

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

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

• (c) section 27 (attempting to break prison),

• (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), and

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

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

10

Subject to notes 2 and 3 below, offences under the following provisions of the Theft Act (Northern Ireland) 1969—

• (a) section 1 (theft) . . . ,

• (b) section 8 (robbery) . . . ,

• (c) section 9 (burglary) . . . ,

• (d) section 10 (aggravated burglary) . . . , and

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) section 20 (blackmail) . . . .

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 . . . —

• (a) section 1 (intimidation),

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

• (c) section 3 (throwing or using petrol bomb, etc.).

Hijacking

12

Offences under section 1 of the Aviation Security Act 1982 (aircraft) . . . .

13

Offences in Northern Ireland under section 2 of the Criminal Jurisdiction Act 1975 (vehicles or ships) . . . .

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 . . . —

• (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),

• (c) Article 4 (threats to destroy or damage property), and

• (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) . . . .

Firearms (Northern Ireland) Order 2004 ( S.I. 2004/ (N.I. ))

16

Offences under the following provisions of the Firearms (Northern Ireland) Order 2004 . . . —

• (a) Article 24(1)(manufacturing, dealing in, repairing, etc. , firearm or ammunition without firearms dealer’s certificate),

• (b) Article 37(1), (2) or (4)(sale, etc. , of firearm or ammunition),

• (c) Article 45(1)(manufacturing, dealing in or possessing certain weapons, etc. ),

• (d) Article 58(1)(possessing firearm or ammunition with intent to endanger life or cause serious damage to property),

• (e) Article 59 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another),

• (f) Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),

• (g) Article 61 (carrying firearm, etc. in public place) subject to note 4 below,

• (h) Article 63 (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 64 (possessing firearm or ammunition in suspicious circumstances), and

• (j) Article 67 (shortening barrel of shotgun or converting imitation firearm into firearm).

Taking of Hostages Act 1982 (c. 28)

17

Offences under the Taking of Hostages Act 1982 . . . .

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) . . . .

Computer Misuse Act 1990 (c. 18)

19

Offences under the following provisions of the Computer Misuse Act 1990 . . . —

• (a) section 1 (unauthorised access to computer material),

• (b) section 2 (unauthorised access with intent to commit further offence), and

• (c) section 3 (unauthorised modification).

Aviation and Maritime Security Act 1990 (c. 31)

20

Offences under the following provisions of the Aviation and Maritime Security Act 1990 . . . —

• (a) section 1 (endangering safety at aerodromes),

• (b) section 9 (hijacking of ships), and

• (c) section 10 (seizing or exercising control of fixed platforms).

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

21

Offences under the following provisions of the Channel Tunnel (Security) Order 1994 . . . —

• (a) Article 4 (hijacking of Channel Tunnel trains), and

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

This Act

22

Offences under the following provisions of this Act—

• (a) section 11,

• (b) section 12,

• (c) section 13,

• (d) sections 15 to 19,

• (e) section 54,

• (f) section 56,

• (g) section 57,

• (h) section 58,

• (i) section 103,

• (j) paragraph 37 of Schedule 4,

• (k) Schedule 5,

• (l) paragraph 10 of Schedule 10 . . . , and

• (m) paragraphs 2 and 3 of Schedule 13 . . . .

Justice (Northern Ireland) Act 2004

22A

Offences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), . . . .

Prevention of Terrorism Act 2005

22B

Offences under section 9 of the Prevention of Terrorism Act 2005 (contravention of control order obligations and obstruction of persons serving control order).

Terrorism Act 2006

22C

Offences under Part 1 of the Terrorism Act 2006 (terrorism-related offences).

Fraud Act 2006

23

Offences under section 1 of the Fraud Act 2006 (fraud) subject to note 2 below.

Notes

1

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

2

An offence specified in paragraph 10(a) or (c) or 23 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 . . .

3

An offence specified in paragraph 10(b) or (d) is a scheduled offence only where it is charged—

• (a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence, or

• (b) 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 expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

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.

5

Notes 2 to 4 are subject to note 1.

Part II — Inchoate and Related Offences

Each of the following offences, that is to say—

• (a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”),

• (b) attempting or conspiring to commit a substantive offence,

• (c) an offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence, and

• (d) an offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,

shall be treated for the purposes of Part VII 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.

Note

An extra-territorial offence is not a scheduled offence in any particular case in which the Advocate General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

SCHEDULE 10 — Munitions and Transmitters: Search and Seizure

Interpretation

1

• (1) In this Schedule “officer” means—

• (a) a member of Her Majesty’s forces on duty, and

• (b) a constable.

• (2) In this Schedule “authorised officer” means—

• (a) a member of Her Majesty’s forces who is on duty and is authorised by a commissioned officer of those forces, and

• (b) a constable who is authorised by an officer of the Royal Ulster Constabulary of at least the rank of inspector.

• (3) In this Schedule—

• “munitions” means—explosives, firearms and ammunition, andanything used or capable of being used in the manufacture of an explosive, a firearm or ammunition,

• “scanning receiver” means apparatus (or a part of apparatus) for wireless telegraphy designed or adapted for the purpose of automatically monitoring selected frequencies, or automatically scanning a selected range of frequencies, so as to enable transmissions on any of those frequencies to be detected or intercepted,

• “transmitter” means apparatus (or a part of apparatus) for wireless telegraphy designed or adapted for emission, as opposed to reception,

• “wireless apparatus” means a scanning receiver or a transmitter, and

• “wireless telegraphy” has the meaning given by section 116 of the Wireless Telegraphy Act 2006.

Entering premises

2

• (1) An officer may enter and search any premises for the purpose of ascertaining—

• (a) whether there are any munitions unlawfully on the premises, or

• (b) whether there is any wireless apparatus on the premises.

• (2) An officer may not enter a dwelling under this paragraph unless he is an authorised officer and he reasonably suspects that the dwelling—

• (a) unlawfully contains munitions, or

• (b) contains wireless apparatus.

3

If it is necessary for the purpose of carrying out a search under paragraph 2 (including a search of a dwelling) an officer may be accompanied by other persons.

4

• (1) If the officer carrying out a search of premises under paragraph 2 reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated, he may—

• (a) require a person who is on the premises when the search begins, or who enters during the search, to remain on the premises;

• (b) require a person mentioned in paragraph (a) to remain in a specified part of the premises;

• (c) require a person mentioned in paragraph (a) to refrain from entering a specified part of the premises;

• (d) require a person mentioned in paragraph (a) to go from one specified part of the premises to another;

• (e) require a person who is not a resident of the premises to refrain from entering them.

• (2) A requirement imposed under this paragraph shall cease to have effect after the conclusion of the search in relation to which it was imposed.

• (3) Subject to sub-paragraph (4), no requirement under this paragraph for the purposes of a search shall be imposed or have effect after the end of the period of four hours beginning with the time when the first (or only) requirement is imposed in relation to the search.

• (4) An officer of the Royal Ulster Constabulary of at least the rank of superintendent may extend the period mentioned in sub-paragraph (3) in relation to a search by a further period of four hours if he reasonably believes that it is necessary to do so in order to carry out the search or to prevent it from being frustrated.

• (5) The power to extend a period conferred by sub-paragraph (4) may be exercised only once in relation to a particular search.

5

Section 114(2) has effect for the purposes of this Schedule in relation to a member of Her Majesty’s forces as it has effect in relation to a constable.

Stopping and searching persons

6

• (1) An officer may—

• (a) stop a person in a public place, and

• (b) search him for the purpose of ascertaining whether he has munitions unlawfully with him or wireless apparatus with him.

• (2) An officer may search a person who—

• (a) is not in a public place, and

• (b) whom the officer reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him.

• (3) An officer may search a person entering or found in a dwelling entered under paragraph 2.

Seizure

7

• (1) This paragraph applies where an officer is empowered by virtue of any provision of Part VII of this Act to search premises or a person.

• (2) The officer may—

• (a) seize any munitions found in the course of the search (unless it appears to him that the munitions are being, have been and will be used only lawfully), and

• (b) retain and, if necessary, destroy them.

• (3) The officer may—

• (a) seize any wireless apparatus found in the course of the search (unless it appears to him that the apparatus is being, has been and will be used only lawfully), and

• (b) retain it.

Records

8

• (1) Where an officer carries out a search of premises under this Schedule he shall, unless it is not reasonably practicable, make a written record of the search.

• (2) The record shall specify—

• (a) the address of the premises searched,

• (b) the date and time of the search,

• (c) any damage caused in the course of the search, and

• (d) anything seized in the course of the search.

• (3) The record shall also include the name (if known) of any person appearing to the officer to be the occupier of the premises searched; but—

• (a) a person may not be detained in order to discover his name, and

• (b) if the officer does not know the name of a person appearing to him to be the occupier of the premises searched, he shall include in the record a note describing him.

• (4) The record shall identify the officer—

• (a) in the case of a constable, by reference to his police number, and

• (b) in the case of a member of Her Majesty’s forces, by reference to his service number, rank and regiment.

9

• (1) Where an officer makes a record of a search in accordance with paragraph 8, he shall supply a copy to any person appearing to him to be the occupier of the premises searched.

• (2) The copy shall be supplied immediately or as soon as is reasonably practicable.

Offence

10

• (1) A person commits an offence if he—

• (a) knowingly fails to comply with a requirement imposed under paragraph 4, or

• (b) wilfully obstructs, or seeks to frustrate, a search of premises under this Schedule.

• (2) A person guilty of an offence under this paragraph shall be liable—

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

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

11

• (1) A person commits an offence if he fails to stop when required to do so under paragraph 6.

• (2) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

SCHEDULE 11 — Independent Assessor of Military Complaints Procedures in Northern Ireland

Tenure

1

• (1) The Independent Assessor of Military Complaints Procedures in Northern Ireland 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 (but may be reappointed).

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

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

• (a) if he has failed without reasonable excuse 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.

Remuneration

2

• (1) The Secretary of State shall pay to the Independent Assessor—

• (a) such remuneration, and

• (b) such allowances,

as the Secretary of State may determine.

• (2) The Secretary of State may make payments to or in respect of the Independent Assessor in connection with pensions and gratuities.

Staff

3

• (1) The Independent Assessor may appoint such number of employees, on such terms and conditions, as he may determine with the approval of the Secretary of State.

• (2) The Secretary of State may make payments to or in respect of persons appointed under this paragraph.

Reports

4

• (1) The Independent Assessor shall send the Secretary of State an annual report on the performance of his functions.

• (2) Where the Secretary of State receives a report under sub-paragraph (1) he shall—

• (a) publish it, and

• (b) lay it before Parliament.

• (3) The Independent Assessor may report to the Secretary of State on 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 12 — Compensation

Right to compensation

1

• (1) This paragraph applies where under Part VII of this Act—

• (a) real or personal property is taken, occupied, destroyed or damaged, or

• (b) any other act is done which interferes with private rights of property.

• (2) Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—

• (a) has an estate or interest in the property or is entitled to the rights, and

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

2

No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify.

Time limit

3

• (1) Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act.

• (2) The Secretary of State may, in response to a request made to him in writing, permit an application to be made—

• (a) after the expiry of the period mentioned in sub-paragraph (1), and

• (b) within such longer period, starting from the date of the act and not exceeding six months, as he may specify.

• (3) Where the Secretary of State refuses a request under sub-paragraph (2)—

• (a) he shall serve a notice of refusal on the person who made the request,

• (b) that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and

• (c) the county court may exercise the power of the Secretary of State under sub-paragraph (2).

Determination

4

Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—

• (a) stating that he has decided to award compensation and specifying the amount of the award, or

• (b) stating that he has decided to refuse the application.

5

• (1) An applicant may appeal to the county court against—

• (a) the amount of compensation awarded, or

• (b) the refusal of compensation.

• (2) An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4.

6

• (1) This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—

• (a) knowingly made a false or misleading statement,

• (b) made a statement which he did not believe to be true, or

• (c) knowingly failed to disclose a material fact.

• (2) The Secretary of State may—

• (a) refuse to award compensation,

• (b) reduce the amount of compensation which he would otherwise have awarded, or

• (c) withhold all or part of compensation which he has awarded.

7

Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.

Assignment of right

8

• (1) This paragraph applies where—

• (a) a person has made an application for compensation, and

• (b) his right to compensation has passed to another person by virtue of an assignment or the operation of law.

• (2) The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) as the applicant.

Offenders

9

• (1) This paragraph applies where a person has a right to compensation in respect of an act and—

• (a) the act was done in connection with, or revealed evidence of the commission of, a scheduled offence or a non-scheduled offence under this Act, and

• (b) proceedings for the offence are brought against the person.

• (2) The person’s right to compensation shall not be enforceable while the proceedings have not been concluded.

• (3) If the person stands convicted of the offence he shall have no right to compensation.

Notices

10

A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right of appeal under paragraph 3(3)(b) or 5.

11

• (1) The Secretary of State may serve a notice under this Schedule on an individual—

• (a) by delivering it to him,

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

• (c) by leaving it for him there.

• (2) The Secretary of State may serve a notice under this Schedule on a partnership—

• (a) 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

• (b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.

• (3) The Secretary of State may serve a notice under this Schedule on a body corporate—

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

• (b) by addressing it to the secretary or clerk of the body and leaving it at that office.

• (4) The Secretary of State may serve a notice under this Schedule on any person—

• (a) by delivering it to his solicitor,

• (b) by sending it by post to his solicitor at his solicitor’s office, or

• (c) by leaving it for his solicitor there.

Offences

12

• (1) A person commits an offence if he obtains compensation or increased compensation for himself or another person by deception . . . .

• (1A) “ Deception ” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.

• (2) A person commits an offence if for the purposes of obtaining compensation he—

• (a) knowingly makes a false or misleading statement,

• (b) makes a statement which he does not believe to be true, or

• (c) knowingly fails to disclose a material fact.

• (3) A person guilty of an offence under this paragraph shall be liable—

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

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

• (4) Section 82 shall not apply in relation to an offence under this paragraph.

SCHEDULE 13 — Private Security Services

Security services: interpretation

1

In this Schedule “security services” means the services of one or more individuals as security guards (whether or not provided together with other services relating to the protection of property or persons).

Unlicensed services: offences

2

A person commits an offence if he provides or offers to provide security services for reward unless he—

• (a) holds a licence under this Schedule, or

• (b) acts on behalf of someone who holds a licence under this Schedule.

3

• (1) A person commits an offence if he publishes or causes to be published an advertisement for the provision for reward of security services by a person who does not hold a licence under this Schedule.

• (2) It is a defence for a person charged with an offence under this paragraph to prove—

• (a) that his business is publishing advertisements or arranging for their publication,

• (b) that he received the advertisement for publication in the ordinary course of business, and

• (c) that he reasonably believed that the person mentioned in the advertisement as the provider of security services held a licence under this Schedule.

4

• (1) A person commits an offence if he pays money, in respect of the provision of security services, to a person who—

• (a) does not hold a licence under this Schedule, and

• (b) is not acting on behalf of someone who holds a licence under this Schedule.

• (2) It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that the person to whom he paid the money—

• (a) held a licence under this Schedule, or

• (b) was acting on behalf of someone who held a licence under this Schedule.

5

• (1) A person guilty of an offence under paragraph 2 or 3 shall be liable—

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

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

• (2) A person guilty of an offence under paragraph 4 is liable on summary conviction to—

• (a) imprisonment for a term not exceeding six months,

• (b) a fine not exceeding level 5 on the standard scale, or

• (c) both.

Application for licence

6

• (1) An application for a licence under this Schedule shall be made to the Secretary of State—

• (a) in such manner and form as he may specify, and

• (b) accompanied by such information as he may specify.

• (2) The Secretary of State may specify information only if it concerns—

• (a) the applicant,

• (b) a business involving the provision of security services for reward which is, was or is proposed to be carried on by the applicant,

• (c) a person whom the applicant employs or proposes to employ as a security guard,

• (d) a partner or proposed partner of the applicant (where the applicant is an individual),

• (e) a member or proposed member of the applicant (where the applicant is a partnership),

• (f) an officer or proposed officer of the applicant (where the applicant is a body corporate).

• (3) A person commits an offence if in connection with an application for a licence he—

• (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.

• (4) A person guilty of an offence under sub-paragraph (3) shall be liable—

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

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

• (5) For the purposes of this paragraph—

• (a) a reference to employment or proposed employment by an applicant for a licence shall, where the applicant is a partnership or a member of a partnership, be construed as a reference to employment or proposed employment by the partnership or any of the partners,

• (b) “officer” includes a director, manager or secretary,

• (c) a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, and

• (d) the reference to directions or instructions in paragraph (c) does not include a reference to advice given in a professional capacity.

Issue of licence

7

• (1) The Secretary of State shall grant an application for a licence unless satisfied that—

• (a) an organisation within sub-paragraph (4) would be likely to benefit from the licence (whether or not a condition were imposed under sub-paragraph (2)),

• (b) that the applicant has persistently failed to comply with the requirements of this Schedule, or

• (c) that the applicant has failed to comply with a condition imposed under sub-paragraph (2).

• (2) The Secretary of State may on granting a licence impose a condition if satisfied that it is necessary in order to prevent an organisation within sub-paragraph (4) from benefiting from the licence.

• (3) If the Secretary of State refuses an application for a licence he shall notify the applicant of the refusal.

• (4) An organisation is within this sub-paragraph if—

• (a) it is a proscribed organisation, or

• (b) it appears to the Secretary of State to be closely associated with a proscribed organisation.

• (5) In this paragraph a reference to a benefit is a reference to any benefit—

• (a) whether direct or indirect, and

• (b) whether financial or not.

• (6) In this paragraph a reference to the requirements of this Schedule includes a reference to the requirements of—

• (a) Part V of the Northern Ireland (Emergency Provisions) Act 1991 (private security services), and

• (b) Part V of the Northern Ireland (Emergency Provisions) Act 1996 (private security services).

Duration of licence

8

• (1) A licence—

• (a) shall come into force at the beginning of the day on which it is issued, and

• (b) subject to sub-paragraph (2), shall expire at the end of the period of 12 months beginning with that day.

• (2) Where a licence is issued to a person who already holds a licence, the new licence shall expire at the end of the period of 12 months beginning with the day after the day on which the current licence expires.

• (3) The Secretary of State may by order substitute a period exceeding 12 months for the period for the time being specified in sub-paragraphs (1)(b) and (2).

Revocation of licence

9

• (1) The Secretary of State may revoke a licence if satisfied that—

• (a) an organisation within paragraph 7(4) would be likely to benefit from the licence remaining in force,

• (b) the holder of the licence has persistently failed to comply with the requirements of this Schedule, or

• (c) the holder of the licence has failed to comply with a condition imposed under paragraph 7(2).

• (2) The Secretary of State shall not revoke a licence unless the holder—

• (a) has been notified of the Secretary of State’s intention to revoke the licence, and

• (b) has been given a reasonable opportunity to make representations to the Secretary of State.

• (3) If the Secretary of State revokes a licence he shall notify the holder immediately.

• (4) Sub-paragraphs (5) and (6) of paragraph 7 shall apply for the purposes of this paragraph.

Appeal

10

The applicant for a licence may appeal to the High Court if—

• (a) the application is refused,

• (b) a condition is imposed on the grant of the licence, or

• (c) the licence is revoked.

11

• (1) Where an appeal is brought under paragraph 10, the Secretary of State may issue a certificate that the decision to which the appeal relates—

• (a) was taken for the purpose of preventing benefit from accruing to an organisation which was proscribed or which appeared to the Secretary of State to be closely associated with an organisation which was proscribed, and

• (b) was justified by that purpose.

• (2) If he intends to rely on a certificate under this paragraph, the Secretary of State shall notify the appellant.

• (3) Where the appellant is notified of the Secretary of State’s intention to rely on a certificate under this paragraph—

• (a) he may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and

• (b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

• (4) Rules made under section 91 or 92 of that Act which are in force immediately before this paragraph comes into force shall have effect in relation to a certificate under this paragraph—

• (a) with any necessary modifications, and

• (b) subject to any later rules made by virtue of sub-paragraph (3)(b).

Change of personnel

12

Paragraphs 13 and 14 apply to a person who—

• (a) holds a licence, or

• (b) has made an application for a licence which has not yet been determined.

13

• (1) If a person to whom this paragraph applies proposes to employ a security guard about whom information was not given under paragraph 6, he shall give the Secretary of State such information about the security guard as the Secretary of State may specify.

• (2) The information shall be given not less than 14 days before the employment is to begin.

• (3) For the purposes of this paragraph the provisions of paragraph 6(5) shall have effect in relation to a holder of or an applicant for a licence as they have effect for the purposes of paragraph 6 in relation to an applicant.

14

• (1) A person to whom this paragraph applies shall give the Secretary of State such information about a relevant change of personnel as the Secretary of State may specify.

• (2) The information shall be given—

• (a) not less than 14 days before the change, or

• (b) if that is not reasonably practicable, as soon as is reasonably practicable.

• (3) A relevant change of personnel is—

• (a) where the application for the licence was made by a partnership or a member of a partnership, a change in the members of the partnership, and

• (b) where the application for the licence was made by a body corporate, a change in the officers of the body (within the meaning of paragraph 6).

• (4) But a change of personnel is not relevant if it was mentioned in the information given under paragraph 6.

15

• (1) A person commits an offence if he fails to comply with paragraph 13 or 14.

• (2) A person guilty of an offence under this paragraph shall be liable on summary conviction to—

• (a) imprisonment for a term not exceeding six months,

• (b) a fine not exceeding level 5 on the standard scale, or

• (c) both.

Records

16

• (1) A constable may—

• (a) enter premises where a business involving the provision of security services is being carried on, and

• (b) require records kept there of a person employed as a security guard to be produced for the constable’s inspection.

• (2) A constable exercising the power under this paragraph—

• (a) shall identify himself to a person appearing to be in charge of the premises, and

• (b) if the constable is not in uniform, shall produce to that person documentary evidence that he is a constable.

• (3) A person commits an offence if he fails to comply with a requirement under this paragraph.

• (4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.

• (5) A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—

• (a) imprisonment for a term not exceeding six months,

• (b) a fine not exceeding level 5 on the standard scale, or

• (c) both.

17

• (1) A person who provides security services for reward commits an offence if he makes or keeps a record of a person employed by him as a security guard which he knows to be false or misleading in a material particular.

• (2) A person guilty of an offence under this paragraph shall be liable—

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

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

Offence: body corporate

18

• (1) This paragraph applies where an offence under this Schedule committed by a body corporate is proved—

• (a) to have been committed with the consent or connivance of an officer of the body corporate, or

• (b) to be attributable to neglect on the part of an officer of the body corporate.

• (2) The officer, as well as the body corporate, shall be guilty of the offence.

• (3) In this paragraph “officer” includes—

• (a) a director, manager or secretary,

• (b) a person purporting to act as a director, manager or secretary, and

• (c) a member of a body corporate the affairs of which are managed by its members.

Notice

19

• (1) A notice under this Schedule shall be in writing.

• (2) Information required to be given to the Secretary of State under this Schedule—

• (a) shall be in writing, and

• (b) may be sent to him by post.

• (3) The Secretary of State may serve a notice under this Schedule on an individual—

• (a) by delivering it to him,

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

• (c) by leaving it for him there.

• (4) The Secretary of State may serve a notice under this Schedule on a partnership—

• (a) 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

• (b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.

• (5) The Secretary of State may serve a notice under this Schedule on a body corporate—

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

• (b) by addressing it to the secretary or clerk of the body and leaving it at that office.

• (6) The Secretary of State may serve a notice under this Schedule on any person—

• (a) by delivering it to his solicitor,

• (b) by sending it by post to his solicitor at his solicitor’s office, or

• (c) by leaving it for his solicitor there.

• (7) Sub-paragraphs (3) to (6) do not apply in relation to a notice under paragraph 11.

SCHEDULE 14 — Exercise of Officers’ Powers

General

1

In this Schedule an “officer” means (subject to paragraph 6A) —

• (a) an authorised officer within the meaning given by the terrorist property provisions (including when referred to in those provisions as an “enforcement officer” or a “senior officer”) , and

• (b) an examining officer within the meaning of Schedule 7.

and “the terrorist property provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

2

An officer may enter a vehicle (within the meaning of section 121) for the purpose of exercising any of the functions conferred on him by virtue of this Act or the terrorist property provisions.

3

An officer may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7) or the terrorist property provisions.

Information

4

• (1) Information acquired by an officer may be supplied—

• (a) to the Secretary of State for use in relation to immigration;

• (b) to the Commissioners of Customs and Excise or a customs officer;

• (c) to a constable;

• (d) to the National Crime Agency;

• (e) to a person specified by order of the Secretary of State for use of a kind specified in the order.

• (2) Information acquired by a customs officer or an immigration officer may be supplied to an examining officer within the meaning of Schedule 7.

• (3) A person may be specified in an order under this paragraph only if the person exercises public functions (whether or not in the United Kingdom).

Code of practice

5

An officer shall perform functions conferred on him by virtue of this Act or the terrorist property provisions in accordance with any relevant code of practice in operation under paragraph 6.

6

• (1) The Secretary of State shall issue codes of practice about the exercise by officers of functions conferred on them by virtue of this Act or the terrorist property provisions.

• (2) The failure by an officer to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.

• (3) A code—

• (a) shall be admissible in evidence in criminal and civil proceedings, and

• (b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

• (4) The Secretary of State may revise a code and issue the revised code.

6A

In paragraphs 5 and 6, “officer” includes a constable, immigration officer or customs officer who—

• (a) has functions under Schedule 7, or

• (b) has functions under Schedule 8 in relation to a person detained under Schedule 7,

otherwise than as an examining officer.

7

• (1) Before issuing a code of practice the Secretary of State shall—

• (a) publish a draft code,

• (b) consider any representations made to him about the draft, and

• (c) if he thinks it appropriate, modify the draft in the light of any representations made to him.

• (2) The Secretary of State shall lay a draft of the code before Parliament.

• (3) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

• (4) This paragraph has effect in relation to the issue of a revised code as it has effect in relation to the first issue of a code.

SCHEDULE 15 — Consequential Amendments

Criminal Justice Act 1967 (c. 80)

1

• (1) The Criminal Justice Act 1967 shall be amended as follows.

• (2) In section 67(7)(b) (computation of sentences) for “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 41 of the Terrorism Act 2000 ”.

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

2

• (1) The Treatment of Offenders Act (Northern Ireland) 1968 shall be amended as follows.

• (2) In section 26(6)(b) (definition of police detention) for “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 41 of the Terrorism Act 2000 ”.

Suppression of Terrorism Act 1978 (c. 26)

3

• (1) The Suppression of Terrorism Act 1978 shall be amended as follows.

• (2) For paragraph 19A of Schedule 1 (list of offences) substitute—

(19A) An offence under any of sections 15 to 18 of the Terrorism Act 2000.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))

4

• (1) In Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Part II of that Order) at the end of Part I insert—

1. Proceedings brought by an individual before the Proscribed Organisations Appeal Commission.

• (2) The amendment made by sub-paragraph (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that sub-paragraph.

Police and Criminal Evidence Act 1984 (c. 60)

5

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

• (2) For section 30(12)(c) (arrest elsewhere than at a police station) substitute—

(c) any provision of the Terrorism Act 2000.

• (3) In section 32(10) (search upon arrest) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 43 of the Terrorism Act 2000 ”.

• (4) For section 51(b) (savings: Part IV) substitute—

(b) the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention);

• (5) For section 56(10) and (11) (application of right to have someone informed) substitute—

(10) Nothing in this section applies to a person arrested or detained under the terrorism provisions.

• (6) For section 58(12) to (18) (application of right of access to legal advice) substitute—

(12) Nothing in this section applies to a person arrested or detained under the terrorism provisions.

• (7) For section 61(9)(b) (fingerprinting: disapplication) substitute—

(b) applies to a person arrested or detained under the terrorism provisions.

• (8) For section 62(12) (intimate samples: disapplication) substitute—

(12) Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.

• (9) For section 63(10) (non-intimate samples: disapplication) substitute—

(10) Nothing in this section applies to a person arrested or detained under the terrorism provisions.

• (10) In section 65 (interpretation) for the definitions of “the terrorism provisions” and “terrorism” substitute—

“the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and “terrorism” has the meaning given in section 1 of that Act.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) For section 118(2)(a) (definition of police detention) substitute—

(a) he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or.

Criminal Justice Act 1988 (c. 33)

6

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

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

7

• (1) The Elected Authorities (Northern Ireland) Act 1989 shall be amended as follows.

• (2) In section 6(5) (breach of terms of declaration), in the definition of “proscribed organisation” for “section 30 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 3 of the Terrorism Act 2000 ”.

• (3) In Schedule 2 (declaration against terrorism) for “Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1996” substitute “ Schedule 2 to the Terrorism Act 2000 ”.

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

8

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

• (2) In Article 2(2) (interpretation) for the definitions of “the terrorism provisions” and “terrorism” substitute—

“the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; “terrorism” has the meaning given in section 1 of that Act.

• (3) In Article 2(3) (definition of police detention) for “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” substitute “ section 41 of the Terrorism Act 2000 ”.

• (4) For Article 4(3)(b) (provisions relating to powers to stop and search) substitute—

(b) sections 85, 95 and 116 of and Schedule 10 to the Terrorism Act 2000, and

• (5) In Article 11(3) (special provisions as to access) for “section 17 of, and Schedule 7 to, the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ sections 37 and 38 of, and Schedules 5 and 6 to, the Terrorism Act 2000 ”.

• (6) In Article 30(3) (information to be given on arrest) for “section 19(2) of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 83(2) of the Terrorism Act 2000 ”.

• (7) For Article 32(15)(b) (arrest elsewhere than at a police station) substitute—

(b) any provision of the Terrorism Act 2000.

• (8) In Article 34(10) (search upon arrest) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 43 of the Terrorism Act 2000 ”.

• (9) For Article 51(b) (savings: Part V) substitute—

(b) the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention);

• (10) In Article 60 (tape-recording of interviews), omit paragraph (2).

• (11) For Article 61(9)(b) (fingerprinting: application) substitute—

(b) applies to a person arrested or detained under the terrorism provisions

• (12) For Article 62(12) (intimate samples: application) substitute—

(12) Nothing in this Article applies to a person arrested or detained under the terrorism provisions; and paragraph (1A) shall not apply where the non-intimate samples mentioned in that paragraph were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.

• (13) For Article 63(11) (non-intimate samples: application) substitute—

(11) Nothing in this Article applies to a person arrested or detained under the terrorism provisions

• (14) In Article 66 (codes of practice), omit paragraph (12).

• (15) In Article 74(9) (confessions) for “section 12 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 76 of the Terrorism Act 2000 ”.

• (16) In Article 76(2)(b) (exclusion of unfair evidence) for “subsection (1) of section 12 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ subsection (1) of section 76 of the Terrorism Act 2000 ”.

Criminal Justice and Public Order Act 1994 (c. 33)

9

In section 139(11) of the Criminal Justice and Public Order Act 1994 (search powers available on arrests under sections 136 and 137) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” there shall be substituted “ section 43 of the Terrorism Act 2000 ”.

Drug Trafficking Act 1994 (c. 37)

10

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

Proceeds of Crime (Scotland) Act 1995 (c. 43)

11

• (1) The Proceeds of Crime (Scotland) Act 1995 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (1)(c) of section 42 (reciprocal enforcement of orders), for “1989 Act” substitute “ Terrorism Act 2000 ”.

• (4) In subsection (1) of section 49 (interpretation), the definition of “the 1989 Act” shall cease to have effect.

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

12

• (1) The following shall be substituted for section 1(1) and (2) of the Northern Ireland (Remission of Sentences) Act 1995 (release on licence of persons subject to restricted remission)—

(1) (1) This section applies to persons serving sentences to which section 79 of the Terrorism Act 2000 applies (restricted remission for persons sentenced for scheduled offences). (2) A person to whom this section applies shall be released on licence for the period (or, where that period has partly elapsed, for the remainder of the period) during which, by reason only of section 79, he is prevented from being discharged in pursuance of prison rules.

• (2) The following shall be substituted for section 1(6) of that Act—

(6) Section 80 of the Terrorism Act 2000 and Part II of the Treatment of Offenders (Northern Ireland) Order 1976 (conviction within certain period after discharge from prison, &c.) shall apply in relation to a person released on licence under this section as if he had been discharged in pursuance of prison rules.

Criminal Procedure and Investigations Act 1996 (c. 25)

13

• (1) The Criminal Procedure and Investigations Act 1996 shall, in its application to Northern Ireland (as set out in Schedule 4 to that Act), be amended as follows.

• (2) In section 14A(1) (public interest: review for scheduled offences) for “section 1 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 65 of the Terrorism Act 2000 ”.

• (3) In section 39(3)(a) (start of trial on indictment without a jury) for “section 11 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 75 of the Terrorism Act 2000 ”.

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

14

• (1) The Proceeds of Crime (Northern Ireland) Order 1996 shall be amended as follows.

• (2) In Article 2(4)(b) (offences to which Order does not apply) for “Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ any of sections 15 to 18 of the Terrorism Act 2000 ”.

• (3) In Article 5(3) (realisable property) for sub-paragraph (c) substitute—

(c) section 23 or 111 of the Terrorism Act 2000 (forfeiture orders).

Northern Ireland Arms Decommissioning Act 1997 (c. 7)

15

• (1) This paragraph applies to a reference in paragraph 9 or 10 of the Schedule to the Northern Ireland Arms Decommissioning Act 1997 (amnesty) to an offence under a provision (“the old provision”) of—

• (a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or

• (b) the Northern Ireland (Emergency Provisions) Act 1996.

• (2) The reference shall be taken as a reference to an offence under this Act which is committed in circumstances which would have amounted to the commission of an offence under the old provision before it ceased to have effect.

• (3) Sub-paragraph (2) has effect for the purpose of the application of section 4(1) of the Northern Ireland Arms Decommissioning Act 1997 (amnesty) in relation to anything done after the old provision ceases to have effect.

Northern Ireland (Sentences) Act 1998 (c. 35)

16

• (1) The Northern Ireland (Sentences) Act 1998 shall be amended as follows.

• (2) In section 5 (fixed term prisoners: special cases)—

• (a) in subsection (2) for “section 16(2) of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 80(2) of the Terrorism Act 2000 ”,

• (b) in subsection (3)(a) for “section 16(2) of the 1996 Act” substitute “ section 80(2) of the 2000 Act ”,

• (c) in subsection (4) for “section 16(2) of the 1996 Act” substitute “ section 80(2) of the 2000 Act ”, and

• (d) at the end of subsection (4)(b) insert

, and (c) section 16(2) of the Northern Ireland (Emergency Provisions) Act 1996.

• (3) For section 14(3)(a) (inadmissibility of evidence or information in certain proceedings) substitute—

(a) be admissible in proceedings on applications made under paragraph 1, 2, 5, 11, 13, 22, 28 or 30 of Schedule 5 to the Terrorism Act 2000.

17

• (1) This paragraph applies to a reference in section 14(2) of the Northern Ireland (Sentences) Act 1998 (inadmissibility of evidence or information in certain proceedings) to an offence under a provision (“the old provision”) of—

• (a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or

• (b) the Northern Ireland (Emergency Provisions) Act 1996.

• (2) The reference shall be taken as including a reference to an offence under this Act which is committed in circumstances which would have amounted to the commission of an offence under the old provision before it ceased to have effect.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

18

• (1) The Criminal Justice (Children) (Northern Ireland) Order 1998 shall be amended as follows.

• (2) In Article 12(4) (release on bail) for “section 3 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 67 of the Terrorism Act 2000 ”.

Access to Justice Act 1999 (c. 22)

19

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

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

20

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

SCHEDULE 16 — Repeals and Revocations

Part I — Acts

Chapter	Short title	Extent of repeal
1980 c. 62.	Criminal Justice (Scotland) Act 1980.	Sections 3A to 3D.
1984 c. 60.	Police and Criminal Evidence Act 1984.	Section 116(5).
1985 c. 73.	Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.	Section 35.
1988 c. 33.	Criminal Justice Act 1988.	Section 74(2)(e).
1989 c. 4.	Prevention of Terrorism (Temporary Provisions) Act 1989.	The whole Act.
1993 c. 36.	Criminal Justice Act 1993.	Sections 49 to 51.
		Section 78(11).
		In Schedule 4, paragraph 4.
		In Schedule 5, paragraph 15.
1994 c. 33.	Criminal Justice and Public Order Act 1994.	Sections 81 to 83.
		In Schedule 10, paragraphs 62 (other than sub-paragraph (4)(a) and (b)) and 63.
1995 c. 40.	Criminal Procedure (Consequential Provisions) (Scotland) Act 1995.	In Schedule 4, paragraph 72.
1995 c. 43.	Proceeds of Crime (Scotland) Act 1995.	In section 49(1), the definition of “the 1989 Act”.
1996 c. 7.	Prevention of Terrorism (Additional Powers) Act 1996.	The whole Act.
1996 c. 22.	Northern Ireland (Emergency Provisions) Act 1996.	The whole Act.
1998 c. 9.	Northern Ireland (Emergency Provisions) Act 1998.	The whole Act.
1998 c. 40.	Criminal Justice (Terrorism and Conspiracy) Act 1998.	Sections 1 to 4.
		Part I of Schedule 1.
		Part I of Schedule 2.
1999 c. 22.	Access to Justice Act 1999.	In paragraph 2(1) of Schedule 2, the word “or” after paragraph (f).
1999 c. 33.	Immigration and Asylum Act 1999.	In Schedule 14, paragraph 89.

Part II — Orders

Reference	Title	Extent of revocation
S.I. 1989/1341 (N.I. 12).	Police and Criminal Evidence (Northern Ireland) Order 1989.	In Article 54(1) the words “Subject to paragraph (2)”.
		Article 54(2).
		Article 60(2).
		Article 66(12).
		In Schedule 2, the entry relating to the Prevention of Terrorism (Temporary Provisions) Act 1989.
		In Schedule 6, paragraph 18.
S.I. 1989/2405 (N.I. 19).	Insolvency (Northern Ireland) Order 1989.	In Schedule 9, paragraph 62.
S.I. 1995/2993 (N.I. 17).	Police (Amendment) (Northern Ireland) Order 1995.	Article 10(8).
		Article 11(7).
S.I. 1998/1504 (N.I. 9).	Criminal Justice (Children) (Northern Ireland) Order 1998.	In Schedule 5, paragraphs 39, 47 and 48.

Editorial notes