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Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

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Version Superseded: 25/08/1996

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27 Commencement and duration.U.K.

(1)Subject to subsections (2), (3) and (4) below, this Act shall come into force on 22nd March 1989.

[F1(2)Sections 22 to 24 shall come into force on the day after that on which this Act is passed.]

(3)Schedule 3 and paragraphs 8 to 10, 18 to 20, 28 to 30 and 34 of Schedule 4 shall come into force on such day as the Secretary of State may appoint by an order made by statutory instrument; and different days may be appointed for different provisions or different purposes and for England and Wales, for Scotland and for Northern Ireland.

(4)The repeal by Schedule 9 of paragraph 9 of Schedule 7 shall come into force on the coming into force of the M1Land Registration Act 1988.

(5)The provisions of Parts I to V of this Act and of subsection (6)(c) below shall remain in force until 22nd March 1990 and shall then expire unless continued in force by an order under subsection (6) below.

(6)The Secretary of State may by order made by statutory instrument provide—

(a)that all or any of those provisions which are for the time being in force (including any in force by virtue of an order under this paragraph or paragraph (c) below) shall continue in force for a period not exceeding twelve months from the coming into operation of the order;

(b)that all or any of those provisions which are for the time being in force shall cease to be in force; or

(c)that all or any of those provisions which are not for the time being in force shall come into force again and remain in force for a period not exceeding twelve months from the coming into operation of the order.

(7)No order shall be made under subsection (6) above unless—

(a)a draft of the order has been laid before and approved by a resolution of each House of Parliament; or

(b)it is declared in the order that it appears to the Secretary of State that by reason of urgency it is necessary to make the order without a draft having been so approved.

(8)An order under that subsection of which a draft has not been approved under section (7) above—

(a)shall be laid before Parliament; and

(b)shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, the order has been approved by a resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

(9)In reckoning for the purposes of subsection (8) above the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10)In subsection (5) above the reference to Parts I to V of this Act does not include a reference to 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 [F2section 28 of the Northern Ireland (Emergency Provisions) Act 1991] or offences or orders under that section.

[F3(11)The provisions excluded by subsection (10) above from subsection (5) shall remain in force until 15th June 1992 and then expire but shall be—

(a)included in the provisions to which subsection (3) of section 69 of the said Act of 1991 applies (provisions that can be continued in force, repealed or revived by order); and

(b)treated as part of that Act for the purposes of subsection (9) of that section ( repeal at end of five years).]

[F4(12) The expiry or cesser of sections 22 and 23 above shall not affect the operation of those sections in relation to an offence committed while they where in force.]

Subordinate Legislation Made

P1S. 27(6)(a): power exercised by S.I. 1991/549. For previous exercise of power see the Index to Government Orders.

Textual Amendments

F2Words in s. 27(10) substituted (N.I.) by Northern Ireland (Emergency Provisions) Act. 1991 (c.24, SIF 39;1), ss. 69(1), 70(4), Sch. 8 pt. I

Modifications etc. (not altering text)

C1S. 27 modified (E.W.S.) (3.11.1994) by 1994 c. 33, s. 81(3)

S. 27 modified (E.W.S.) (3.1.1995) by 1994 c. 33, s. 82(2)(3)

S. 27 modified (3.11.1994) by 1994 c. 33, s. 83(4)

S. 27 modified (3.4.1996) by 1996 c. 7, s. 7(8)

S. 27 modified (15.2.1994) by 1993 c. 36, s. 78(11); S.I. 1994/71, arts. 2, 3, Sch.

C2S. 27 amended (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 62(5); S.I. 1995/721, art. 2, Sch. Appendix A

S. 27 amended (3.11.1994) by 1994 c. 33, s. 168(2), Sch. 10 para. 63(5)

C3Power of appointment conferred by s. 27(3) partly exercised: S.I. 1989/1361, 1990/215 (whole Act in force on or before 5.3.1990 with the exception of the repeal by Schedule 9 to the Act of paragraph 9 of Schedule 7 to the Act)

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