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S
C H E D U L E S |
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SCHEDULE 1
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NORTHERN
IRELAND (EMERGENCY PROVISIONS) ACT 1996 |
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Temporary extension |
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1.
- (1) This paragraph applies to any of the following if and in so
far as it is in force immediately before the passing of this Act
by virtue of an order under section 62(3) of the Northern Ireland
(Emergency Provisions) Act 1996 (duration)-
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(a) a provision
of the Northern Ireland (Emergency Provisions) Act 1996 (other
than one mentioned in sub-paragraph (2)),
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(b) a provision
of the Prevention of Terrorism (Temporary Provisions) Act 1989,
and
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(c) section
4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998
(forfeiture orders).
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(2)
This paragraph does not apply to the following provisions of the
Northern Ireland (Emergency Provisions) Act 1996-
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(a) section
26(1)(b) (power of entry on authority of Secretary of State),
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(b) section
35 (wearing of hoods), and
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(c) section
50 (explosives factories).
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2.
- (1) A provision to which paragraph 1 applies shall continue in
force for the period of 12 months starting with the day on which
this Act is passed.
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(2)
The Secretary of State may by order provide for a provision to which
paragraph 1 applies to continue in force for the period of 12 months
immediately following the period mentioned in sub-paragraph (1).
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3.
- (1) The powers under section 62(3)(a) and (c) of the Northern
Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable
in relation to a provision to which paragraph 1 applies in respect
of any period falling within-
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(a) the period
mentioned in paragraph 2(1), or
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(b) a period
specified in relation to that provision under paragraph 2(2).
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(2)
The power under section 62(3)(b) of the Northern Ireland (Emergency
Provisions) Act 1996 shall continue to be exercisable in relation
to a provision to which paragraph 1 applies at any time during-
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(a) the period
mentioned in paragraph 2(1), or
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(b) a period
specified in relation to that provision under paragraph 2(2).
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4.
The Secretary of State may by order provide for a provision to which
paragraph 1 applies-
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(a) to cease
to have effect on a specified day;
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(b) to cease
to be capable of being the subject of an order under section 62(3)
of the Northern Ireland (Emergency Provisions) Act 1996.
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5.
The continuance in force of a provision by virtue of paragraph 2
is subject to any order made by virtue of paragraph 3 or 4.
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6.
- (1) A provision of the Northern Ireland (Emergency Provisions)
Act 1996 to which paragraph 1 does not apply shall continue to have
effect for the purposes of, or in so far it relates to, any provision
to which that paragraph does apply.
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(2)
While Part I of Schedule 1 to that Act (scheduled offences) has
effect by virtue of this Schedule, the following shall also have
effect-
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(a) Part III
of that Schedule (extra-territorial offences), and
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(b) sections
3, 10 and 11 of that Act so far as they relate to offences which
are scheduled offences by virtue of that Part.
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Amendments during temporary extension |
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7.
The provisions of the 1996 Act which continue in force by virtue
of this Schedule shall be amended as follows.
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8.
In section 19 (arrest and seizure) after subsection (4) insert-
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"(5)
The reference to a rule of law in subsection (2) does not
include a rule of law which has effect only by virtue of the
Human Rights Act 1998."
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9.
In section 20 (search for munitions, &c.) after subsection (5)
insert-
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"(5A)
The power to extend a period conferred by subsection (5) may
be exercised only once in relation to a particular search."
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10.
In section 26 (powers of entry, &c.) after subsection (2) insert-
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"(2A)
The Secretary of State may grant an authorisation under subsection
(2) only if he considers it necessary for the preservation
of the peace or the maintenance of order."
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11.
In section 33 (collection of information, &c.) after subsection
(5) insert-
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"(5A)
Before making an order under subsection (5) a court must give
an opportunity to be heard to any person, other than the convicted
person, who claims to be the owner of or otherwise interested
in anything which can be forfeited under that subsection.
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(5B)
An order under subsection (5) shall not come into force until
there is no further possibility of it being varied, or set
aside, on appeal (disregarding any power of a court to grant
leave to appeal out of time)."
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12.
- (1) Part V (private security services) shall have effect subject
to the provisions of this paragraph.
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(2)
On issuing a certificate under section 39 the Secretary of State
may impose a condition if satisfied that it is necessary in order
to prevent an organisation within section 39(8) from benefiting
from the certificate.
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(3)
To the grounds for refusal to issue a certificate and for revocation
of a certificate in sections 39(1) and (5) there shall be added
the ground that the Secretary of State is satisfied that the applicant
for or holder of a certificate has failed to comply with a condition
imposed by virtue of sub-paragraph (2) above.
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(4)
The applicant for a certificate may appeal to the High Court if-
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(a) the application
is refused,
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(b) a condition
is imposed on the grant of the certificate, or
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(c) the certificate
is revoked.
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(5)
Where an appeal is brought under sub-paragraph (4), the Secretary
of State may issue a certificate that the decision to which the
appeal relates-
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(a) was taken
for the purpose of preventing benefit from accruing to an organisation
which was within section 39(8), and
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(b) was justified
by that purpose.
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(6)
If he intends to rely on a certificate under sub-paragraph (5),
the Secretary of State shall notify the appellant.
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(7)
Where the appellant is notified of the Secretary of State's intention
to rely on a certificate under sub-paragraph (5)-
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(a) he may
appeal against the certificate to the Tribunal established under
section 91 of the Northern Ireland Act 1998, and
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(b) sections
90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal,
procedure, and further appeal) shall apply.
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(8)
Rules made under section 91 or 92 of that Act which are in force
immediately before the passing of this Act shall have effect in
relation to a certificate under sub-paragraph (5)-
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(a) with any
necessary modifications, and
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(b) subject
to any later rules made by virtue of sub-paragraph (7)(b).
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