Northern Ireland (Emergency Provisions) Act 1987

Section 25(1).

SCHEDULE 1 Minor and Consequential Amendments

NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (c. 5)

1 In section 13 (constables' general power of arrest and seizure)—

(a) in subsection (1), for “whom he suspects of committing, having committed or being” substitute “who he has reasonable grounds to suspect is committing, has committed or is”;

(b) in subsection (2), for “suspects him of being” substitute “has reasonable grounds for suspecting him to be”; and

(c) in subsection (3), for “suspects” substitute “has reasonable grounds to suspect”.

2 In section 14 (powers of arrest of members of Her Majesty’s forces)—

(a) in subsection (1), for “whom he suspects of committing, having committed or being” substitute “who he has reasonable grounds to suspect is committing, has committed or is”; and

(b) in subsection (3), for paragraph (b) substitute the following paragraph—

“(b) if there are reasonable grounds for suspecting that the person is a terrorist or has committed an offence involving the use or possession of an explosive substance or firearm, where there are reasonable grounds for suspecting him to be.”

3 In section 15 (power to search for munitions and radio transmitters)—

(a) in subsection (2), for “it is suspected” substitute “there are reasonable grounds for suspecting”;

(b) in subsection (3)(b), for “whom he suspects of having” substitute “who he has reasonable grounds to suspect has”;

(c) for subsection (4) substitute—

“(4) Where a member of Her Majesty’s forces or a constable is empowered by virtue of any provision of this Act to search any premises or other place or any person—

(a) he may 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 may retain and, if necessary, destroy them; and

(b) he may seize any transmitter found in the course of the search (unless it appears to him that the transmitter has been, is being and is likely to be used only lawfully) and may retain it.”; and

(d) in subsection (5), in the definition of “transmitter”, for “and includes” substitute “or”.

4 In section 18 (power to stop and question)—

(a) in subsection (1)(b), after “other” insert “recent”; and

(b) in subsection (2), for the words from “imprisonment” onwards substitute “a fine not exceeding level 5 on the standard scale.”

5 In section 31(1) (interpretation), omit the definition of “constable”.

6 In section 32 (orders and regulations)—

(a) in subsection (1), after “orders conferred by” insert “section 19A above and”;

(b) in subsection (3), for the words from the beginning to “Schedules)” substitute “Subject to subsection (5) below, no order or regulations under this Act”;

(c) in subsection (4), for the words from the beginning to “approved) shall” substitute “Subject to subsection (5) below, orders and regulations under this Act shall, if not so approved in draft,”; and

(d) after that subsection add—

“(5) Subsections (3) and (4) above do not apply to—

(a) any order under section 19A above or under Schedule 1 or 3 to this Act; or

(b) any regulations under section 5A above;

but a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

7 In section 33 (commencement etc. of provisions of the 1978 Act)—

(a) in subsection (5), at the end add “or (where the Lord Chancellor gives a direction under that subsection with respect to the trial) to the Crown Court sitting at the place specified in the direction.”; and

(b) for subsection (7) substitute—

“(7) It is hereby declared that the expiry or cesser of any provision of section 6 above 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.”

8 (1) In Schedule 4 (scheduled offences), Part I (substantive offences) shall be amended as follows.

(2) In paragraph 12(f), at the end add “, subject also to note 2 below.”

(3) In note 2, after paragraph (c) insert—

“(cc) section 20 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 (subject to note 5 below); or”.

(4) In note 5—

(a) for “15 or 20” substitute “or 15”; and

(b) at the end add “; and the Attorney General for Northern Ireland shall not certify that an offence under section 20 of the said Act of 1969 is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.”

JUDICATURE (NORTHERN IRELAND) ACT 1978 (c. 23)

9 In Part II of Schedule 5 (minor and consequential amendments), in the entry relating to section 2(1)(a) of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978, for “sections 2(1)(a) and” substitute “section”.