Northern Ireland (Emergency Provisions) Act 1991

Part I Scheduled Offences

The scheduled offences

1 The scheduled offences.

Preliminary inquiries, bail and young persons in custody

2 Preliminary inquiry into scheduled offences.

3 Limitation of power to grant bail in case of scheduled offences.

4 Legal aid to applicants for bail in case of scheduled offences.

5 Maximum period of remand in custody in case of scheduled offences.

6 Holding in custody of young persons charged with scheduled offences.

7 Directions under s. 6.

Time limits on preliminary proceedings

8 Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences.

Court and mode of trial

9 Court for trial of scheduled offences.

10 Mode of trial on indictment of scheduled offences.

Evidence and onus of proof

11 Admissions by persons charged with scheduled offences.

12 Onus of proof in relation to offences of possession.

Treatment of offenders

13 Treatment of young persons convicted of scheduled offences.

14 Restricted remission for persons sentenced for scheduled offences.

15 Conviction of scheduled offence during period of remission.

Part II Powers of Arrest, Search and Seizure, etc.

16 Entry and search of premises for purpose of arresting terrorists.

17 Constables’ general power of arrest and seizure.

18 Powers of arrest and seizure by members of Her Majesty’s forces.

19 Power to search for munitions, radio transmitters and scanning receivers.

20 Powers of explosives inspectors.

21 Entry to search for persons unlawfully detained.

22 Examination of documents.

23 Power to stop and question.

24 General powers of entry and interference with rights of property and with highways.

25 Power of Secretary of State to direct the closure, etc. of roads.

26 Supplementary provisions.

Part III Offences against Public Security and Public Order

27 Directing terrorist organisation.

28 Proscribed organisations.

29 Display of support in public for a proscribed organisation.

30 Possession of items intended for terrorist purposes.

31 Unlawful collection, etc. of information.

32 Training in making or use of firearms, explosives or explosive substances.

33 Wearing of hoods, etc. in public places.

Part IV Detention Orders

34 Detention orders.

Part V Regulation of the Provision of Private Security Services

35 Prohibition on provision of security services without a certificate.

36 Applications for certificates.

37 Issue, duration and revocation of certificates.

38 Duty to notify Secretary of State of changes of personnel.

39 Records of employees.

40 Payments in respect of the provision of security services.

41 Liability of directors, etc.

42 Notifications.

Part VI Persons in Police Custody under Terrorism Provisions

43 The terrorism provisions and police custody.

44 Right to have someone informed of detention under terrorism provisions.

45 Right of access to legal advice.

46 Fingerprinting.

Part VII Confiscation of Proceeds of Terrorist-Related Activities

47 Confiscation orders.

48 Provisions supplementary to section 47.

48A Re-assessment of whether defendant has benefited.

48B Revised assessments.

49 Relevant offences.

50 Realisable property, value and gifts.

51 Assumptions as to benefit and value of proceeds.

52 Statements, etc., relevant to making confiscation orders.

52A Provision of information by defendant.

52B Powers of High Court where defendant has died or absconded.

53 Assisting another to retain proceeds of terrorist-related activities.

54 Concealing or transferring proceeds of terrorist-related activities.

54A Failure to disclose knowledge or suspicion of offences under sections 53 and 54.

55 Enforcement and supplementary provisions.

55A Extension of certain offences to Crown servants and exemptions for regulators etc.

56 Interpretation of confiscation provisions.

Part VIII Miscellaneous

57 Additional investigation powers.

58 Supplementary regulations for preserving the peace, etc.

59 Explosives factories, magazines and stores.

60 Independent Assessor of Military Complaints Procedures in Northern Ireland.

61 Codes of practice: police powers.

62 Codes of practice: members of Her Majesty’s forces.

63 Right to compensation.

64 Compensation: notices.

Part IX Supplementary

65 Restriction of prosecutions.

66 General interpretation.

67 Orders and regulations.

69 Commencement, duration, expiry and revival of provisions of this Act.

70 Savings, amendments and repeals.

71 Short title and extent.

SCHEDULE 1 The Scheduled Offences

Part I Substantive Offences

Common law offences

1Murder 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 1861

7Offences under section 35 of the Malicious Damage Act 1861...

Offences against the Person Act 1861

8Offences under the following provisions of the Offences against the...

Explosive Substances Act 1883

9Offences under the following provisions of the Explosive Substances Act...

Prison Act (Northern Ireland) 1953

10Offences under the following provisions of the Prison Act (Northern...

Theft Act (Northern Ireland) 1969

11Offences under the following provisions of the Theft Act (Northern...

Protection of the Person and Property Act (Northern Ireland) 1969

12Offences under the following provisions of the Protection of the...

13Offences under section 1 of the Aviation Security Act 1982...

14Offences in Northern Ireland under section 2 of the Criminal...

Criminal Damage (Northern Ireland) Order 1977

15Offences under the following provisions of the Criminal Damage (Northern...

Criminal Law (Amendment) (Northern Ireland) Order 1977

16Offences under Article 3 of the Criminal Law (Amendment) (Northern...

Firearms (Northern Ireland) Order 1981

17Offences under the following provisions of the Firearms (Northern Ireland)...

Taking of Hostages Act 1982

18Offences under the Taking of Hostages Act 1982.

Nuclear Material (Offences) Act 1983

19Offences under section 2 of the Nuclear Material (Offences) Act...

Prevention of Terrorism (Temporary Provisions) Act 1989

20Offences under the following provisions of the Prevention of Terrorism...

Aviation and Maritime Security Act 1990

21Offences under the following provisions of the Aviation and Maritime...

21A Channel Tunnel (Security) Order 1994 No. 570

22Offences under the following provisions of this Act—

1Any offence specified in this Part of this Schedule which...

2An offence specified in paragraph 11(a), (c) or (e) is...

3An offence specified in paragraph 11(b) or (d) is a...

4The offence specified in paragraph 17(h) is a scheduled offence...

Part II Inchoate and Related Offences

Each of the following offences, that is to say— aiding,...

Part III Extra-Territorial Offences

Part IV Offences Charged Following Terrorist Funds Investigations

Any offence, other than a summary offence, which an officer...

SCHEDULE 2 Proscribed Organisations

SCHEDULE 3 Detention of Terrorists

1The 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 orders

4(1) Where it appears to the Secretary of State that...

5(1) The Secretary of State may, at any time before...

Reference to an Adviser

6(1) As soon as possible after a case is referred...

7(1) Where the case of a person detained under an...

Detention orders

8(1) After receiving a report made by an Adviser under...

9(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 4 Confiscation Orders: Supplementary Provisions

1(1) Section 56 of this Act also has effect for...

Application of procedure for enforcing fines

2(1) Where the Crown Court makes a confiscation order against...

Interest on sums unpaid under confiscation orders

3(1) If any sum required to be paid by a...

Cases in which restraint orders and charging orders may be made

4(1) The powers conferred on the High Court by paragraphs...

Restraint orders

5(1) The High Court may by order (a restraint order)...

Charging orders in respect of land, securities, etc.

6(1) The High Court may make a charging order on...

Charging orders: supplementary provisions

7(1) Subject to any provision made under paragraph 10 below...

Restraint and charging orders made by the Secretary of State

8(1) The power to make a restraint order or charging...

Contravention of restraint order

9(1) A person who, without lawful authority or reasonable excuse...

Realisation of property

10(1) Where— (a) a confiscation order is made;

Increase in realisable property

11(1) Where— (a) by virtue of section 47(7) of this...

Application of proceeds of realisation and other sums

12(1) Subject to sub-paragraph (2) below, the following sums in...

Exercise of powers by High Court, Secretary of State or receiver

13(1) This paragraph applies to the powers conferred on the...

Receivers: supplementary provisions

14(1) Where a receiver appointed under this Schedule or in...

Variation of confiscation orders

15(1) If, on an application by the defendant in respect...

Bankruptcy of defendant

16(1) Where a person who holds realisable property is adjudged...

Winding up of company holding realisable property

17(1) Where realisable property is held by a company and...

Insolvency practitioners dealing with property subject to restraint order

18(1) Without prejudice to the generality of the Insolvency (Northern...

Enforcement of orders outside Northern Ireland

19(1) Her Majesty may by Order in Council make provision...

20(1) If proceedings are instituted against a person for a...

Compensation etc. where absconder is acquitted

20A(1) This paragraph applies where— (a) the High Court has...

Power to discharge confiscation order and order compensation where absconder returns

20B(1) This paragraph applies where— (a) the High Court has...

Variation of confiscation orders made by virtue of section 52B

20C(1) This paragraph applies where— (a) the High Court has...

Transitional provisions

21(1) In the case of a confiscation order made before...

SCHEDULE 5 Authorised Investigators

1(1) In this Schedule— “authorised investigator” means a person authorised...

Investigation powers

2(1) An authorised investigator may by notice in writing require...

Search warrants

3(1) A justice of the peace or, in Scotland, a...

4(1) A person is guilty of an offence if without...

Admissibility of evidence

5A statement made by a person in response to a...

Restriction on disclosure of information

6(1) Information obtained by a person in his capacity as...

Code of practice

7(1) The Secretary of State shall make a code of...

SCHEDULE 6 Independent Assessor of Military Complaints Procedures in Northern Ireland

Tenure of office

1(1) Subject to the following provisions of this paragraph, the...

Remuneration etc.

2(1) There shall be paid to the Independent Assessor such...

3(1) The Independent Assessor may appoint such number of employees...

4(1) The Independent Assessor shall prepare an annual report on...

Disqualification

5In Part III of Schedule 1 to the Northern Ireland...

SCHEDULE 7 Consequential Amendments

The Rehabilitation of Offenders (Northern Ireland) Order 1978

1In Article 3(2)(a) of the Rehabilitation of Offenders (Northern Ireland)...

The Bankruptcy Amendment (Northern Ireland) Order 1980

2Article 31 of the Bankruptcy Amendment (Northern Ireland) Order 1980...

The Fines and Penalties (Northern Ireland) Order 1984

3In Article 17(2) of the Fines and Penalties (Northern Ireland)...

The Elected Authorities (Northern Ireland) Act 1989

4(1) The Elected Authorities (Northern Ireland) Act 1989 shall be...

The Prevention of Terrorism (Temporary Provisions) Act 1989

5(1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall...

The Police and Criminal Evidence (Northern Ireland) Order 1989

6(1) The Police and Criminal Evidence (Northern Ireland) Order 1989...

The Insolvency (Northern Ireland) Order 1989

7Article 255 of the Insolvency (Northern Ireland) Order 1989 shall...

The Criminal Justice (Confiscation) (Northern Ireland) Order 1990

8In Article 2(4)(b) of the Criminal Justice (Confiscation) (Northern Ireland)...

SCHEDULE 8 Repeals and Revocations

Part I Enactments

Part II Orders and Regulations

Royal arms

Northern Ireland (Emergency Provisions) Act 1991

1991 CHAPTER 24

An Act to re-enact, with amendments, the Northern Ireland (Emergency Provisions) Act 1978, the Northern Ireland (Emergency Provisions) Act 1987 and Part VI of the Prevention of Terrorism (Temporary Provisions) Act 1989; and to make further provision for the preservation of the peace and the maintenance of order in Northern Ireland.

[27th June 1991]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—