Northern Ireland (Emergency Provisions) Act 1978 (Repealed 27.8.1991)Part I Scheduled Offences Preliminary enquiries, bail and young persons in custody1 Preliminary enquiry into scheduled offences.2 Limitation of power to grant bail in case of Scheduled offences.3 Legal aid to applicants for bail in case of scheduled offences.3A Maximum period of remand in custody in case of scheduled offences.4 Holding in custody of young persons charged with scheduled offences.5 Directions under s. 4. Time limits on preliminary proceedings5A Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences. Court and mode of trial6 Court for trial of scheduled offences.7 Mode of trial on indictment of scheduled offences. Evidence, onus of proof and treatment of convicted young persons8 Admissions by persons charged with scheduled offences.9 Onus of proof in relation to offences of possession.10 Treatment of young persons convicted of scheduled offences.Part II Powers of Arrest, Detention, Search and Seizure, etc.11 Entry and search of premises for purpose of arresting terrorists.12 Detention of terrorists, etc.13 Constables’ general power of arrest and seizure.14 Powers of arrest of members of Her Majesty’s forces.15 Power to search for munitions and radio transmitters.16 Powers of explosives inspectors.17 Entry to search for persons unlawfully detained.18 Power to stop and question.19 General powers of entry and interference with rights of property and with highways.19A Power of the secretary of State to direct the closure, etc. of roads.20 Supplementary provisions.Part III Offences Against Public Security and Public Order21 Proscribed organisations.22 Unlawful collection, etc. of information.23 Training in making or use of firearms, explosives or explosive substances.24 Failure to disperse when required to do so.25 Display of support in public for a proscribed organisation.26 Wearing of hoods, etc. in public places.Part IV Miscellaneous and General27 Supplementary regulations for preserving the peace, etc.28 Compensation.28 Compensation.28A(1) The Lord Chief Justice of Northern Ireland after consultation...29 Restriction of prosecutions.30 The scheduled offences.31 Interpretation.32 Orders and regulations.33 Commencement, duration, expiry and revival of provisions of this Act.34(1) . . . . . . . . ....35 Transitional provisions, savings and repeals.36 Short title and extent. SCHEDULESSCHEDULE 1 Detention of Terrorists Advisers1The Secretary of State shall for the purposes of this...2An Adviser shall be a person who holds or has...3(1) An Adviser shall hold and vacate his office in... Interim Custody Orders4(1) Where it appears to the Secretary of State that...5(1) The Secretary of State may, at any time before... Reference to an Adviser6(1) As soon as possible after a case is referred...7(1) Where the case of a person detained under an... Detention Orders8(1) After receiving a report made by an Adviser under... Supplemental9(1) The Secretary of State may at any time refer...10(1) The Secretary of State may, as respects a person...11(1) A person required to be detained under an interim...12Where a person required to be detained under an interim...13Any person who— (a) being detained under an interim custody...14(1) Any document purporting to be an order, notice or...15The Secretary of State may make such payments to persons...SCHEDULE 2 Proscribed OrganisationsThe Irish Republican Army. Cumann na mBan. Fianna na hEireann. The Red Hand Commando. Saor Eire. The Ulster Freedom Fighters. The Ulster Volunteer Force. The Irish National Liberation Army. SCHEDULE 3 The Northern Ireland (Emergency Provisions) Regulations 1978 Title1These regulations may be cited as the Northern Ireland (Emergency... Road traffic2The Secretary of State may by order prohibit, restrict or... Railways3The Secretary of State, or any officer of the Royal... Funerals4Where it appears to an officer of the Royal Ulster... Closing of licensed premises, clubs, etc.5The Secretary of State may by order require that premises...SCHEDULE 4 The Scheduled OffencesPart I Substantive Offences Common law offences1Murder, subject to note 1 below. 2Manslaughter, subject to note 1 below. 3The common law offence of riot. 4Kidnapping , subject to note 1 below. 5False imprisonment , subject to note 1 below. 6Assault occasioning actual bodily harm, subject to note 1 below....Malicious Damage Act 18617Offences under section 35 of the Malicious Damage Act 1861... Offences against the Person Act 18618Offences under the following provisions of the Offences against the... Explosive Substances Act 18839Offences under the following provisions of the Explosives Substances Act... Prison Act (Northern Ireland) 195310Offences under the following provisions of the Prison Act (Northern... Firearms Act (Northern Ireland) 196911 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Theft Act (Northern Ireland) 196912Offences under the following provisions of the Theft Act (Northern... Protection of the Person and Property Act (Northern Ireland) 196913Offences under the following provisions of the Protection of the... Hijacking14Offences under section 1 of the Aviation Security Act 1982...15Offences in Northern Ireland under section 2 of the Criminal... Prevention of Terrorism (Temporary Provisions) Act 1984 16Offences under the following provisions of the Prevention of Terrorism... Criminal Damage (Northern Ireland) Order 197717Offences under the following provisions of the Criminal Damage (Northern... Criminal Law (Amendment) (Northern Ireland) Order 197718Offences under Article 3 of the Criminal Law (Amendment) (Northern... This Act19Offences under the following provisions of this Act— The Firearms (Northern Ireland) Order 1981 19AOffences under the following provisions of the Firearms (Northen Ireland)... Taking of Hostages Act 1982 19A19B. Offences under the Taking of Hostages Act 1982. Nuclear Material (Offences) Act 198319COffences under section 2 of the Nuclear Material (Offences Act... Northern Ireland (Emergency Provisions) Act 1987 19DOffences under section 17 of the Northern Ireland (Emergency Provisions)...NOTES1Murder, manslaughter kidnapping, false imprisonment or an assault occasioning actual...2An offence under— (a) section 35 of the Malicious Damage...3An offence under Article 20(1) of the Firearms (Northern Ireland...4Robbery and aggravated burglary are scheduled offences only where it...4Robbery and aggravated burglary are scheduled offences only where it...5An offence under section 1, 9, or 15 of the...Part II Inchoate and Related Offences20Each of the following offences, that is to say— Part III Extra-Territorial Offences21Any extra-territorial offence as defined in section 1 of the...SCHEDULE 5 Transitional Provisions and Savings1(1) Subject to sub-paragraph (4) below, any instrument made, any...2Any enactment, instrument or document referring to any enactment repealed...3Nothing in this Act shall affect the enactments repealed by...4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(1) Paragraph 14 of Schedule 1 to this Act shall...6Nothing in the foregoing paragraphs shall be construed as affecting...SCHEDULE 6 Enactments RepealedPart I Acts, Etc.Part II OrdersNorthern Ireland (Emergency Provisions) Act 1978 F1(Repealed 27.8.1991)1978 CHAPTER 5
