Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 2000

Draft Order laid before Parliament under section 27(7)(a) of the Prevention of Terrorism (Temporary Provisions) Act 1989, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2000 No.

PREVENTION AND SUPPRESSION OF TERRORISM

Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 2000

Made

2000

Coming into force

22nd March 2000

Whereas a draft of this Order has been laid before Parliament in accordance with section 27(7)(a) of the Prevention of Terrorism (Temporary Provisions) Act 1989(1), and has been approved by a resolution of each House of Parliament:

Now, therefore, in exercise of the powers conferred upon me by section 27(6)(a) of that Act(2) I hereby make the following Order:

1.—(1) This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 2000 and shall come into force on 22nd March 2000.

(2) In this Order “the 1989 Act” means the Prevention of Terrorism (Temporary Provisions) Act 1989.

2.  The following provisions shall continue in force for a period of twelve months beginning with 22nd March 2000–

(a) Parts I, III, IV, IVA, IVB and V and section 27(6)(c) of the 1989 Act(3), except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996(4) or offences or orders under that section; and

(b) section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998(5) so far as that section extends to England and Wales and Scotland.

One of Her Majesty’s Principal Secretaries of State

Home Office

2000

Explanatory Note

(This note is not part of the Order)

This Order continues in force for a period of 12 months from 22nd March 2000 the provisions of–

• Parts I, III, IV, IVA, IVB and V and section 27(6)(c) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (“the 1989 Act”), with exceptions; and

• section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (“the 1998 Act”) which makes provision as to forfeiture in relation to offences concerning proscribed organisations, so far as it extends to England, Wales and Scotland.

The exceptions referred to are the provisions of Parts III and V of the 1989 Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996 or offences or orders under that section. Separate provision is made for the continuance in force of those provisions by section 27(11) of the 1989 Act (as amended by paragraph 1 of Schedule 1 to the Northern Ireland (Emergency Provisions) Act 1998 (c. 9)). So far as section 4 of the 1998 Act extends to Northern Ireland separate provision is made for its continuance in force by subsection (10) of that section.

(1)

1989 c. 4. The 1989 Act was amended by paragraph 18 of Schedule 6 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341) (N.I. 12); paragraph 62 of Schedule 9 to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405) (N.I. 19); paragraph 5 of Schedule 7 to the Northern Ireland (Emergency Provisions) Act 1991 (c. 24); sections 49 to 51 of, and paragraph 4 of Schedule 4 and paragraph 15 of Schedule 5 to, the Criminal Justice Act 1993 (c. 36); paragraph 3 of Schedule 5 to the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813); sections 81 to 83 of, and paragraphs 62 and 63 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33); section 14(1) and (2) of the Proceeds of Crime Act 1995 (c. 11); paragraph 72 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40); the Prevention of Terrorism (Exclusion Orders) Regulations 1996 (S.I. 1996/892); the Prevention of Terrorism (Additional Powers) Act 1996 (c. 7); paragraphs 4 to 10 of Schedule 6 to the Northern Ireland (Emergency Provisions) Act 1996 (c. 22); and sections 1 and 3 of, and paragraph 2 of Schedule 1 to, the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40).

(2)

The powers under section 27(6)(a) of the 1989 Act apply in relation to Part IVA of the 1989 Act by virtue of section 82(2) of the Criminal Justice and Public Order Act 1994 (c. 33), in relation to Part IVB of the 1989 Act by virtue of section 7(8) of the Prevention of Terrorism (Additional Powers) Act 1996 (c. 7), and in relation to section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) (so far as that Act extends to England, Wales and Scotland) by virtue of section 4(9) of the 1998 Act.

(3)

Part IVA of the 1989 Act was inserted by section 82(1) of the Criminal Justice and Public Order Act 1994 (c. 33). Part IVB (and Schedule 6A) were inserted by sections 4 and 5 of (and the Schedule to) the Prevention of Terrorism (Additional Powers) Act 1996 (c. 7). Both parts remained in force until 22nd March 1998, when they expired. They came into force again on 25th June 1999, and remain in force until the end of 21st March 2000, by virtue of the Prevention of Terrorism (Temporary Provisions) Act 1989 (Revival of Parts IVA and IVB) Order 1999 (S.I. 1999/1813).

(4)

1996 c. 22.

(5)

1998 c. 40.