Northern Ireland (Emergency Provisions) Act 1973

PART III Offences Against Public Security and Public Order

19 Proscribed organisations

(1) Subject to subsection (7) below, any person who—

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

(b) solicits or invites financial or other support for a proscribed organisation, or knowingly makes or receives any contribution in money or otherwise to the resources of a proscribed organisation,

shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both, and on conviction on indictment to imprisonment for a term not exceeding five years or to a fine, or both.

(2) The court by or before whom a person is convicted of an offence under this section may order the forfeiture of any money or other property which at the time of the offence he had in his possession or under his control for the use or benefit of the proscribed organisation.

(3) The organisations specified in Schedule 2 to this Act are proscribed organisations for the purposes of this section; and any organisation which passes under a name mentioned in that Schedule shall be treated as proscribed, whatever relationship (if any) it has to any other organisation of the same name.

(4) The Secretary of State may by order add to Schedule 2 to this Act any organisation that appears to him to be concerned in terrorism or in promoting or encouraging it.

(5) The Secretary of State may also by order remove an organisation from Schedule 2 to this Act.

(6) The possession by a person of a document addressed to him as a member of a proscribed organisation, or relating or purporting to relate to the affairs of a proscribed organisation, or emanating or purporting to emanate from a proscribed organisation or officer of a proscribed organisation, shall be evidence of that person belonging to the organisation at the time when he had the document in his possession.

(7) A person belonging to a proscribed organisation shall—

(a) if the organisation is a proscribed organisation by virtue of an order under subsection (4) above; or

(b) if this section has ceased to be in force but has been subsequently brought into force by an order under section 30(3) below;

not be guilty of an offence under this section by reason of belonging to the organisation if he has not after the coming into force of the order under subsection (4) above or the corning into force again of this section, as the case may be, taken part in any activities of the organisation.

(8) In section 4 of the [1968 c. 9 (N.I.).] Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968 (assessment of compensation) and in the [1971 c. 38 (N.I.).] Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971, in their application to an injury or damage caused by an act committed while this section is in force, " unlawful association " includes a proscribed organisation.

20 Unlawful collection, etc., of information

(1) No person shall, without lawful authority or reasonable excuse (the proof of which lies on him), collect, record, publish, communicate or attempt to elicit, any information with respect to the police or Her Majesty's forces which is of such a nature as is likely to be useful to terrorists, or have in his possession any record of or document containing any such information; and if any person contravenes this section, he shall be liable—

(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both;

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

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

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

(4) Without prejudice to section 33 of the [1889 c. 63.] Interpretation Act 1889 (offences under two or more laws) nothing in this section shall derogate from the operation of the Official Secrets Acts 1911 and 1920.

21 Failure to disperse when required to do so

(1) Where any commissioned officer of Her Majesty's: forces or any officer of the Royal Ulster Constabulary not below the rank of chief inspector is of opinion that any assembly of three or more persons may lead to a breach of the peace or public disorder or may make undue demands on the police or Her Majesty's forces he, or any member of those forces on duty or any constable may order the persons constituting the assembly to disperse forthwith.

(2) Where an order is given under this section with respect to an assembly, any person who thereafter joins or remains in the assembly or otherwise fails to comply with the order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

22 Riotous and disorderly behaviour, etc.

Section 9(1) of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (punishment for riotous, disorderly and indecent behaviour, etc.) shall have effect in relation to an offence committed while this section is in force as if for the words from " on summary conviction " to the end of the subsection there were substituted the words " on summary conviction—

(a) if his conviction is for riotous behaviour in, or any behaviour whereby a breach of the peace is likely to be occasioned in, a street, road, highway or other public place, to imprisonment for a term not exceeding eighteen months; and

(b) in any other case, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or both.".

23 Dressing or behaving in a public place like a member of a proscribed organisation

Any person who in a public place dresses or behaves in such a way as to arouse reasonable apprehension that he is a member of a proscribed organisation shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.