8(1)The power to make a restraint order or charging order under the provisions of paragraphs 5 and 6 above shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary or a person authorised under section 57 of this Act to investigate a relevant offence.
(2)In their application by virtue of sub-paragraph (1) above paragraphs 4 to 6 above shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.
(3)An order made by the Secretary of State by virtue of this paragraph may be varied or discharged under those provisions by the High Court; and the High Court may under paragraph 5(8) above appoint a receiver where a restraint order has been made by the Secretary of State.
Section 1.
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.
Marginal Citations
7Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) subject to note 1 below.
Marginal Citations
8Offences under the following provisions of the Offences against the Person Act 1861—
(a)section 4 (conspiracy, etc to murder) subject to note 1 below;
(b)section 16 (threats to kill) subject to note 1 below;
(c)section 18 (wounding with intent to cause grievous bodily harm) subject to note 1 below;
(d)section 20 (causing grievous bodily harm) subject to note 1 below;
(e)section 28 (causing grievous bodily harm by explosives);
(f)section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm);
(g)section 30 (placing explosive near building or ship with intent to do bodily injury).
9Offences under the following provisions of the Explosive Substances Act 1883—
(a)section 2 (causing explosion likely to endanger life or damage property);
(b)section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property);
(c)section 4 (making or possessing explosives in suspicious circumstances).
Marginal Citations
10Offences under the following provisions of the Prison Act (Northern Ireland) 1953 subject to note 1 below—
(a)section 25 (being unlawfully at large while under sentence);
(b)section 26 (escaping from lawful custody and failing to surrender to bail);
(c)section 27 (attempting to break prison);
(d)section 28 (breaking prison by force or violence);
(e)section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment);
(f)section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment);
(g)section 32 (causing discharge of prisoner under pretended authority);
(h)section 33 (assisting prisoners to escape by conveying things into prisons).
Marginal Citations
11Offences under the following provisions of the Theft Act (Northern Ireland) 1969—
(a)section 1 (theft) subject to note 2 below;
(b)section 8 (robbery) subject to note 3 below;
(c)section 9 (burglary) subject to note 2 below;
(d)section 10 (aggravated burglary) subject to note 3 below;
(e)section 15 (obtaining property by deception) subject to note 2 below;
(f)section 20 (blackmail) subject to notes 1 and 2 below.
Marginal Citations
12Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969—
(a)section 1 (intimidation) subject to note 1 below;
(b)section 2 (making or possessing petrol bomb, etc. in suspicious circumstances);
(c)section 3 (throwing or using petrol bomb, etc).
13Offences under section 1 of the M7Aviation Security Act 1982 (aircraft).
Marginal Citations
14Offences in Northern Ireland under section 2 of the M8Criminal Jurisdiction Act 1975 (vehicles).
Marginal Citations
Marginal Citations
15Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977 subject to note 1 below—
(a)Article 3(1) and (3) or Article 3(2) and (3) (arson);
(b)Article 3(2) (destroying or damaging property with intent to endanger life);
(c)Article 4 (threats to destroy or damage property);
(d)Article 5 (possessing anything with intent to destroy or damage property).
Marginal Citations
16Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.
Marginal Citations
17Offences under the following provisions of the Firearms (Northern Ireland) Order 1981—
(a)Article 3(1) (possessing, purchasing or acquiring firearm or ammunition without certificate) subject to note 1 below;
(b)Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered) subject to note 1 below;
(c)Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm) subject to note 1 below;
(d)Article 6(1) (manufacturing, dealing in or possessing machine gun, or weapon discharging, or ammunition containing, noxious substance) subject to note 1 below;
(e)Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);
(f)Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.);
(g)Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);
(h)Article 20 (carrying firearm, etc., in public place) subject to notes 1 and 4 below;
(i)Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc., and sale of firearm or ammunition to such a person) subject to note 1 below;
(j)Article 23 (possessing firearm or ammunition in suspicious circumstances).
Marginal Citations
18Offences under the Taking of Hostages Act 1982.
Marginal Citations
19Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats).
20Offences under the following provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989—
(a)section 8 (breach of exclusion order);
(b)sections 9, 10 and 11 (financial assistance for terrorism);
(c)section 17 and Schedule 7 (terrorist investigations);
(d)section 18 (information about acts of terrorism);
[F1(dd)section 18A (failure to disclose knowledge or suspicion of financial assistance for terrorism);]
(e)paragraph 25B of Schedule 4 (contravention of restraint orders).
Textual Amendments
F1Sch. 1 para. 20(dd) inserted (1.4.1994) by 1993 c. 36, ss. 78(3), 79(13), Sch. 5 Pt. I para. 17(5)(a); S.I. 1994/700, art. 2, Sch..
21Offences under the following provisions of the M15Aviation and Maritime Security Act 1990—
(a)section 1 (endangering safety at aerodromes);
(b)section 9 (hijacking of ships);
(c)section 10 (seizing or exercising control of fixed platforms).
Marginal Citations
[F221AOffences under the following provisions of the Channel Tunnel (Security) Order 1994—
(a)Article 4 (hijacking of Channel Tunnel trains);
(b)Article 5 (seizing or exercising control of the tunnel system).]
Textual Amendments
F2S. 21A added (5.3.1994) S.I. 1994/540, arts. 1, 38, Sch. 3 para. 1
22Offences under the following provisions of this Act—
(a)section 19(12);
(b)section 27;
(c)section 28;
(d)section 29;
(e)section 30;
(f)section 31;
(g)section 32;
(h)section 33;
(i)section 35;
(j)section 53;
(k)section 54;
[F3(kk)section 54A;]
(l)paragraph 13 of Schedule 3;
(m)paragraph 9 of Schedule 4;
(n)paragraph 4 of Schedule 5.
Textual Amendments
F3Sch. 1 para.22(kk) inserted (1.4.1994) by 1993 c. 36, s. 79(13), Sch. 5 Pt. I para. 17(5)(b); S.I. 1994/700, arts. 2, 3, Sch..
1Any offence specified in this Part of this Schedule which is stated to be subject to this note is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.
2An offence specified in paragraph 11(a), (c) or (e) is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the M16Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 11(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.
3An offence specified in paragraph 11(b) or (d) is a scheduled offence only where it is charged—
(a)that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; or
(b)that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983;
and expressions defined in section 10 of the M17Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.
4The offence specified in paragraph 17(h) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.
Each of the following offences, that is to say—
aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”);
attempting or conspiring to commit a substantive offence;
an offence under section 4 of the M18Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence;
an offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,
shall be treated for the purposes of this Act as if it were the substantive offence.
Marginal Citations
Any extra-territorial offence as defined in section 1(3) of the M19Criminal Jurisdiction Act 1975.
Marginal Citations
Any offence, other than a summary offence, which an officer of the Royal Ulster Constabulary not below the rank of superintendent certifies is charged in consequence of a terrorist funds investigation, unless the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence; and in this Part of this Schedule—
“summary offence” means an offence which, if committed by an adult, is punishable only on summary conviction; and
“a terrorist funds investigation” means an investigation for the purposes of which a person has been authorised under section 57 of this Act to exercise the powers conferred by Schedule 5 to this Act.
Section 28.
The 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.
The Irish People’s Liberation Organisation.
[F4The Ulster Defence Association.]
Textual Amendments
F4Entry in Sch. 2 added (11.8.1992) by S.I. 1992/1958, art. 2
Section 34.
Modifications etc. (not altering text)
C1Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I1Sch. 3 in force at 27.8.1991 and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
1The Secretary of State shall for the purposes of this Schedule appoint such number of Advisers as he may determine to advise him on matters concerning the detention and release of terrorists.
Modifications etc. (not altering text)
C2Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I2Sch. 3 in force at 27.8.1991 and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
2An Adviser shall be a person who holds or has held judicial office in any part of the United Kingdom or who is—
(a)a person who has a ten year general qualification within the meaning of section 71 of the M20Courts and Legal Services Act 1990; or
(b)an advocate or solicitor in Scotland of at least ten years’ standing; or
(c)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years’ standing.
Modifications etc. (not altering text)
C3Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I3S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
Marginal Citations
3(1)An Adviser shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for reappointment.
(2)An Adviser may at any time by notice in writing to the Secretary of State resign his office.
(3)The Secretary of State may pay to the Advisers such remuneration and allowances as he may determine.
Modifications etc. (not altering text)
C4Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I4S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
4(1)Where it appears to the Secretary of State that there are grounds for suspecting that a person has been concerned—
(a)in the commission or attempted commission of any act of terrorism; or
(b)in directing, organising or training persons for the purpose of terrorism,
the Secretary of State may make an interim custody order for the temporary detention of that person.
(2)An interim custody order shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.
Modifications etc. (not altering text)
C5Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I5S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
5(1)The Secretary of State may, at any time before the expiration of the period of fourteen days following the date of an interim custody order, refer the case to an Adviser and, unless the case is so referred, the order shall cease to have effect at the expiration of that period.
(2)A reference to an Adviser under this paragraph shall be by notice in writing signed on behalf of the Secretary of State and a copy of the notice shall be sent to the person detained.
Modifications etc. (not altering text)
C6Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I6S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
6(1)As soon as possible after a case is referred to an Adviser under paragraph 5 above, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.
(2)A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1) above, send to the Secretary of State—
(a)written representations concerning his case; and
(b)a written request that he be seen personally by an Adviser;
and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.
(3)The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.
Modifications etc. (not altering text)
C7Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I7S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
7(1)Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion—
(a)the person detained has been concerned in terrorist activities; and
(b)the detention of that person is necessary for the protection of the public.
(2)In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the person detained.
(3)No person shall be present during the consideration by an Adviser of the case of any person referred to him, except—
(a)any person who for the time being is being seen by the Adviser;
(b)any assistant to the Adviser; and
(c)any person who is present in the interests of security.
(4) The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.
Modifications etc. (not altering text)
C8Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I8S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
8(1)After receiving a report made by an Adviser under paragraph 7(1) above, the Secretary of State shall consider the case of the person to whom it relates and, if he is satisfied—
(a)that the person has been concerned in the commission or attempted commission of any act of terrorism, or in directing, organising or training persons for the purpose of terrorism, and
(b)that the detention of that person is necessary for the protection of the public,
the Secretary of State may make a detention order for the detention of that person.
(2)If, on considering any case under sub-paragraph (1) above, the Secretary of State is not satisfied as mentioned in that sub-paragraph, he shall direct the release of the person concerned.
(3)Subject to sub-paragraphs (4) and (5) below, where—
(a)a person is detained under an interim custody order; and
(b)a detention order is not made in respect of that person within the period of seven weeks following the date of the interim custody order,
the interim custody order shall cease to have effect.
(4)The Secretary of State may, where a person is required to be detained under an interim custody order, give a direction in writing extending the period of seven weeks mentioned in sub-paragraph (3) above (or that period as extended under this sub-paragraph) for a further period of one week if it is stated in the direction that the report of the Adviser in relation to that person’s case has not been received before the sixth day immediately preceding the day on which the interim custody order would, but for the direction, cease to have effect.
(5)Not more than three directions under sub-paragraph (4) above shall be given in respect of any one interim custody order.
(6)A detention order shall be signed by the Secretary of State, and a direction under sub-paragraph (4) above shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.
Modifications etc. (not altering text)
C9Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I9S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
9(1)The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and, if so requested in writing in accordance with sub-paragraph (2) below by a person so detained, shall do so within fourteen days beginning with the receipt of the request.
(2)A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1) above—
(a)before the expiration of the period of one year beginning with the date of the detention order; or
(b)within a period of six months from the date of the last notification under sub-paragraph (5) below.
(3)On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person’s continued detention is necessary for the protection of the public.
(4)Paragraphs 6(3) and 7(2) to (4) above shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5 above.
(5)Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.
(6)A notification under sub-paragraph (5) above shall be by notice in writing and signed by the Secretary of State.
Modifications etc. (not altering text)
C10Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I10S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
10(1)The Secretary of State may, as respects a person detained under an interim custody order—
(a)direct his discharge unconditionally; or
(b)direct his release (whether or not subject to conditions) for a specified period.
(2)The Secretary of State may, as respects a person detained under a detention order—
(a)direct his discharge unconditionally; or
(b)direct his release subject to conditions or for a specified period, or both.
(3)The Secretary of State may recall to detention a person released under sub-paragraph (1)(b) or (2)(b) above and a person so recalled may be detained under the original interim custody or detention order, as the case may be.
(4)Where a person is released under sub-paragraph (1)(b) above, any period during which he is not in detention shall be left out of account for the purposes of paragraphs 5(1), 6(2) and 8(3) above.
Modifications etc. (not altering text)
C11Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I11S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
11(1)A person required to be detained under an interim custody order or a detention order may be detained in a prison or in some other place approved for the purposes of this paragraph by the Secretary of State.
(2)A person for the time being having custody of a person required to be detained as aforesaid shall have all the powers, authorities, protection and privileges of a constable.
(3)Subject to any directions of the Secretary of State, a person required to be detained as aforesaid shall be treated as nearly as may be as if he were a prisoner detained in a prison on remand and any power of temporary removal for judicial, medical or other purposes shall apply accordingly.
(4)A person required to be detained as aforesaid who is unlawfully at large may be arrested without warrant by any constable or any member of Her Majesty’s forces on duty.
Modifications etc. (not altering text)
C12Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I12S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
12Where a person required to be detained under an interim custody order is unlawfully at large, the interim custody order shall not cease to have effect under paragraph 5 or 8 above while he remains at large; and, upon his being taken again into custody, those paragraphs shall have effect as if the date of the interim custody order were that of his being taken again into custody.
Modifications etc. (not altering text)
C13Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I13S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
13Any person who—
(a)being detained under an interim custody order or detention order, escapes;
(b)rescues any person detained as aforesaid, or assists a person so detained in escaping or attempting to escape;
(c)fails to return to detention at the expiration of a period for which he was released under paragraph 10(1)(b) or (2)(b) above; or
(d)knowingly harbours any person required to be detained under an interim custody order or detention order, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody,
is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding five years or a fine or both.
Modifications etc. (not altering text)
C14Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I14S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
14(1)Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Schedule and to be signed in accordance with this Schedule shall be received in evidence and shall, until the contrary is proved, be deemed to be duly made or given and signed.
(2)Prima facie evidence of any such order, notice or direction may, in any legal proceedings, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State stating that the document is a true copy of the order, notice or direction; and the certificate shall be received in evidence, and shall, until the contrary is proved, be deemed to be duly made and signed.
Modifications etc. (not altering text)
C15Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I15S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
15The Secretary of State may make such payments to persons released or about to be released from detention under this Schedule as he may, with the consent of the Treasury, determine.
Modifications etc. (not altering text)
C16Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2
Commencement Information
I16S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)
Section 57.
Modifications etc. (not altering text)
C17Sch. 5 extended (with modifications.) (15.4.1994) to the Bailiwick of Guernsey by S.I. 1994/764, art. 1, 2, Sch.
1(1)In this Schedule—
“authorised investigator” means a person authorised under section 57 of this Act to exercise the powers conferred by this Schedule;
“the investigation”, in relation to an authorised investigator, means the investigation for the purposes of which those powers are exercisable by him.
(2)References in this Schedule to documents include references to information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form.
(3)References in this Schedule to the Crown include references to the Crown in right of Her Majesty’s Government in Northern Ireland.
2(1)An authorised investigator may by notice in writing require any person who he has reason to believe has information relevant to the investigation to attend before him at a specified place either forthwith or at a specified time and answer questions or otherwise furnish information with respect to any matter relevant to the investigation.
(2)An authorised investigator may by notice in writing require any such person to produce at a specified place and either forthwith or at a specified time any specified documents which appear to the authorised investigator to relate to any matter relevant to the investigation or any documents of a specified class which appear to him to relate to any such matter.
(3)If any documents are produced pursuant to a notice under sub-paragraph (2) above the authorised investigator may—
(a)take copies of or abstracts from them;
(b)require the person producing them to provide an explanation of them;
(c)retain them if he has reasonable grounds for believing that they might otherwise be concealed, lost, damaged, altered or destroyed.
(4)If any documents are not produced pursuant to a notice under sub-paragraph (2) above the authorised investigator may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
(5)A person shall not under this paragraph be required to disclose any information or produce any document—
(a)which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court; or
(b)which in Scotland is an item subject to legal privilege as defined in section 40 of the M21Criminal Justice (Scotland) Act 1987;
except that a lawyer may be required to furnish the name and address of his client.
(6)A person shall not under this paragraph be required to disclose any information or produce any document—
(a)which is held by him on behalf of the Crown; or
(b)in respect of which he owes an obligation of confidence by virtue of the carrying on of a banking business.
(7)A person need not comply with any requirement imposed by an authorised investigator under this paragraph unless the investigator has, if required to do so, produced evidence of his authority, and that evidence need not identify him by name if it contains other means of identification.
Marginal Citations
3(1)A justice of the peace or, in Scotland, a sheriff may, on an application made by an authorised investigator, issue a warrant under this paragraph if he is satisfied, in relation to any documents, that there are reasonable grounds for believing—
(a)that—
(i)a person has failed to comply with an obligation under paragraph 2 above to produce them;
(ii)it is not practicable to serve a notice under that paragraph in relation to them; or
(iii)service of such a notice in relation to them might seriously prejudice the investigation; and
(b)that they are on premises specified in the application.
(2)A warrant under this paragraph shall authorise any constable (using such force as is reasonably necessary)—
(a)to enter and search the premises; and
(b)to take possession of any documents appearing to be documents of a description specified in the application or to take in relation to any documents so appearing any other steps which may appear to be necessary for preserving them and preventing interference with them.
(3)An application under this paragraph in Northern Ireland shall be made by a complaint on oath, in England and Wales by information on oath and in Scotland supported by evidence on oath.
(4)A warrant issued by a sheriff shall be authority for opening lockfast places and may authorise persons named in the warrant to accompany a constable who is executing it.
(5)The power exercisable by a justice of the peace under this paragraph in Northern Ireland may be exercised by the Secretary of State if, in addition to being satisfied as to the matters mentioned in sub-paragraph (1) above, it appears to him that the information which it would be necessary to provide in support of an application under that sub-paragraph would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate acts of terrorism or the activities of a proscribed organisation.
4(1)A person is guilty of an offence if without reasonable excuse he fails to comply with a requirement imposed on him under paragraph 2 above.
(2)A person is guilty of an offence if, in purported compliance with such a requirement, he makes a statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular.
(3)A person who—
(a)knows or has reasonable cause to suspect that an investigation by an authorised investigator is being carried out or is likely to be carried out by virtue of this Schedule; and
(b)falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which he knows or has reasonable cause to suspect are or would be relevant to such an investigation,
is guilty of an offence unless he proves that he had no intention of concealing the facts disclosed by the document from any person carrying out such an investigation.
(4)A person guilty of an offence under sub-paragraph (1) or (2) above is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both;
(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(5)A person guilty of an offence under sub-paragraph (3) above is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine or both;
(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
5A statement made by a person in response to a requirement imposed by virtue of paragraph 2 above may not be used in evidence against him except—
(a)on a prosecution for an offence under paragraph 4(2) above;
(b)on a prosecution for some other offence where he or a witness called on his behalf has in giving evidence made a statement inconsistent with the first-mentioned statement; or
(c)on a prosecution for perjury.
6(1)Information obtained by a person in his capacity as an authorised investigator may not be disclosed by him except to a constable or—
(a)for the purposes of any prosecution, whether in the United Kingdom or elsewhere;
(b)to any government department or Northern Ireland department or other authority or body discharging its functions on behalf of the Crown;
(c)to any competent authority; or
(d)for the purpose of assisting any public or other authority for the time being designated for the purposes of this paragraph by an order made by the Secretary of State to discharge any functions which are specified in the order.
(2)The following are competent authorities for the purposes of sub-paragraph (1)(c) above—
(a)an inspector appointed under Part XIV of the M22Companies Act 1985 or Part XV of the M23Companies (Northern Ireland) Order 1986;
(b)an Official Receiver;
(c)the Accountant in Bankruptcy;
(d)an Official Assignee;
(e)a person appointed to carry out an investigation under section 55 of the M24Building Societies Act 1986;
(f)a body administering a compensation scheme under section 54 of the M25Financial Services Act 1986;
(g)an inspector appointed under section 94 of that Act;
(h)a person exercising powers by virtue of section 106 of that Act;
(i)an inspector appointed under section 177 of that Act or any corresponding enactment having effect in Northern Ireland;
(j)a person appointed by the Bank of England under section 41 of the M26Banking Act 1987 to carry out an investigation and make a report;
(k)a person exercising powers by virtue of section 44(2) of the M27Insurance Companies Act 1982;
(l)any body having supervisory, regulatory or disciplinary functions in relation to any profession or any area of commercial activity; and
(m)any person or body having, under the law of any country or territory outside the United Kingdom, functions corresponding to any of the functions of any person or body mentioned in any of the foregoing paragraphs.
(3)An order under paragraph (d) of sub-paragraph (1) above may impose conditions subject to which, and otherwise restrict the circumstances in which, information may be disclosed under that paragraph.
Marginal Citations
7(1)The Secretary of State shall make a code of practice in connection with the exercise by authorised investigators of the powers conferred by this Schedule.
(2)When the Secretary of State proposes to issue the code of practice under this paragraph he shall prepare and publish a draft of the code, shall consider any representations made to him about the draft and may modify the draft accordingly.
(3)The Secretary of State shall lay before both Houses of Parliament a draft of the code of practice prepared by him under this paragraph; and when he has laid the draft of the code before both Houses he may bring the code into operation by an order made by him.
(4)An order bringing the code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.
(5)The Secretary of State may from time to time revise the whole or any part of the code of practice issued by him under this paragraph and issue the code as revised; and the foregoing provisions of this paragraph shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of the code.
(6)A failure on the part of an authorised investigator to comply with any provision of a code of practice issued under this paragraph shall not of itself render him liable to any criminal or civil proceedings.
(7)In all criminal and civil proceedings such a code shall be admissible in evidence; and if any provision of such a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(8)In this paragraph “criminal proceedings” includes proceedings before a court-martial constituted under the M28Army Act 1955, the M29Air Force Act 1955 or the M30Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957 and proceedings before the Courts-Martial Appeal Court.
(9)Nothing in paragraph (8) of Article 66 of the M31Police and Criminal Evidence (Northern Ireland) Order 1989 or subsection (9) of section 67 of the M32Police and Criminal Evidence Act 1984 shall require authorised investigators to have regard in exercising the powers conferred by this Schedule to any provision of a code under that Order or that Act.
Marginal Citations
Section 60.
1(1)Subject to the following provisions of this paragraph, the Independent Assessor shall hold and vacate office in accordance with the terms of his appointment.
(2)The Independent Assessor shall be appointed for a term not exceeding three years.
(3)The Independent Assessor may at any time resign his office by notice in writing addressed to the Secretary of State.
(4)The Secretary of State may remove the Independent Assessor from office—
(a)if he has without reasonable excuse failed to carry out his duties for a continuous period of six months or more;
(b)if he has been convicted of a criminal offence;
(c)if a bankruptcy order has been made against him, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(d)if the Secretary of State is satisfied that he is otherwise unable or unfit to perform his functions.
(5)At the end of a term of appointment the Independent Assessor shall be eligible for re-appointment.
2(1)There shall be paid to the Independent Assessor such remuneration and such travelling and other allowances as the Secretary of State may determine.
(2)In the case of any such holder of the office of Independent Assessor as may be determined by the Secretary of State, there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments towards the provision of a pension to or in respect of him, as may be so determined.
(3)The approval of the Treasury shall be required for the making of a determination under this paragraph.
3(1)The Independent Assessor may appoint such number of employees as he may determine.
(2)The remuneration and other terms and conditions of service of persons employed by the Independent Assessor shall be such as he may determine.
(3)The approval of the Secretary of State, given with the consent of the Treasury, shall be required for the making of a determination under this paragraph.
4(1)The Independent Assessor shall prepare an annual report on the performance of his functions which he shall submit to the Secretary of State who shall cause it to be published and lay copies of it before each House of Parliament.
(2)The Independent Assessor may make a report to the Secretary of State about any matter which comes to his attention in the course of the performance of his functions.
5In Part III of Schedule 1 to the M33Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the following entry shall be inserted at the appropriate place— “ Independent Assessor of Military Complaints Procedures in Northern Ireland. ”
Marginal Citations
Section 70(3).
1In Article 3(2)(a) of the M34Rehabilitation of Offenders (Northern Ireland) Order 1978 the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order made under section 47 of this Act.
Marginal Citations
2Article 31 of the M35Bankruptcy Amendment (Northern Ireland) Order 1980 shall have effect as if amounts payable under confiscation orders made under section 47 of this Act were debts excepted under paragraph (1)(a) of that Article.
Marginal Citations
3In Article 17(2) of the M36Fines and Penalties (Northern Ireland) Order 1984 after paragraph (i) there shall be inserted—
“(j)the Table in section 35(2) of the Criminal Justice Act (Northern Ireland) 1945 as it has effect by virtue of paragraph 2(1)(b) of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991.”
Marginal Citations
4(1)The M37Elected Authorities (Northern Ireland) Act 1989 shall be amended as follows.
(2)In section 6(5), in the definition of “proscribed organisation” for the words “section 21 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 28 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
(3)In Schedule 2 for the words “Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1991 ”.
5(1)The M38Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.
(2)In section 10(3) for the words “section 21 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 28 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
(3)In section 17(1)(a)—
(a)for the words “section 21 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 27 or 28 of the Northern Ireland (Emergency Provisions) Act 1991 ”;
(b)for the words “section 21 of the said Act of 1978” there shall be substituted the words “ section 28 of the said Act of 1991 ”;
(c)for the words “section 21(4) of that Act” there shall be substituted the words “ section 28(3) of that Act ”.
(4)In section 27(10) for the words “section 21 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 28 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
(5)For subsection (11) of section 27 there shall be substituted—
“(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).”
(6)In paragraph 7(4) of Schedule 3 for the words “sections 14 and 15 of the Northern Ireland (Emergency Provisions) Act 1987” there shall be substituted the words “ sections 44 and 45 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
(7)In paragraph 8(1) of Schedule 4, in the definition of “a Northern Ireland order” after the words “paragraph 23” there shall be inserted the words “ or 25A ”.
(8)In paragraph 18(1) of Schedule 4, in the definition of “a Northern Ireland order” after the words “paragraph 23” there shall be inserted the words “ or 25A ”.
(9)After paragraph 25 of Schedule 4 there shall be inserted—
“25A(1)The power to make a restraint order under the provisions of paragraphs 23 and 24 above shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary or a person authorised under section 57 of the Northern Ireland (Emergency Provisions) Act 1991 to investigate an offence under Part III of this Act.
(2)In their application by virtue of sub-paragraph (1) above paragraphs 23 to 25 above shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.
(3)An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 23(5) or 24(2) above.
25B(1)A person who, without lawful authority or reasonable excuse (the proof of which lies on him), contravenes a restraint order is guilty of an offence and liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;
(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(2)Nothing in sub-paragraph (1) above shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.”
Extent Information
E1Sch. 7 para. 5 except para. 5(2)(3)(7)(8) extends to Northern Ireland only
Marginal Citations
6(1)The M39Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.
(2)In Article 4(3), for paragraph (b) there shall be substituted—
“(b)section 19, section 20 (insofar as the powers under that section are exercisable by a constable) and section 26 of the Northern Ireland (Emergency Provisions) Act 1991, and”.
(3)In Article 30(3) for the words “section 14(2) of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 18(2) of the Northern Ireland (Emergency Provisions) Act 1991 ”.
(4)In Article 54(2) for the words “section 15(3)(b) of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 19(6)(b) of the Northern Ireland (Emergency Provisions) Act 1991 ”.
(5)In Article 74(9) for the words “section 8 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 11 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
(6)In Article 76(2)(b) for the words “subsection (1) of section 8 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ subsection (1) of section 11 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
Marginal Citations
7Article 255 of the M40Insolvency (Northern Ireland) Order 1989 shall have effect as if the reference to a fine included a reference to a confiscation order made under section 47 of this Act.
Marginal Citations
8In Article 2(4)(b) of the M41Criminal Justice (Confiscation) (Northern Ireland) Order 1990 after “1989” there shall be inserted the words “ or a relevant offence within the meaning of Part VII of the Northern Ireland (Emergency Provisions) Act 1991 ”.
Marginal Citations
Section 70(4).
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1978 c. 5. | The Northern Ireland (Emergency Provisions) Act 1978. | The whole Act. |
| 1978 c. 23. | The Judicature (Northern Ireland) Act 1978. | In Part II of Schedule 5 the entry relating to the Northern Ireland (Emergency Provisions) Act 1978. |
| 1980 c. 47. | The Criminal Appeal (Northern Ireland) Act 1980. | In Schedule 4, paragraph 14. |
| 1982 c. 28. | The Taking of Hostages Act 1982. | Section 2(3). |
| 1982 c. 36. | The Aviation Security Act 1982. | In Schedule 2, paragraph 6. |
| 1983 c. 18. | The Nuclear Material (Offences) Act 1983. | Section 4(3). |
| 1987 c. 30. | The Northern Ireland (Emergency Provisions) Act 1987. | The whole Act. |
| 1989 c. 4. | The Prevention of Terrorism (Temporary Provisions) Act 1989. | Sections 21 to 24.Section 27(2) and (12).In section 28(2)(a) the words “sections 21 to 24”.In Schedule 8, paragraphs 3 and 8. |
| 1989 c. 6. | The Official Secrets Act 1989. | In Schedule 1, paragraph 2. |
| 1990 c. 31. | The Aviation and Maritime Security Act 1990. | In Schedule 3, paragraph 5. |
| Number | Title | Extent of revocation |
|---|---|---|
| S.I.1979/ 746. | The Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1979. | The whole Order. |
| S.I.1981/ 155 (N.I.2). | The Firearms (Northern Ireland) Order 1981. | In Schedule 4, paragraphs 3 and 4. |
| S.I.1981/ 228 (N.I.8). | The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. | In Schedule 3 the entry relating to the Northern Ireland (Emergency Provisions) Act 1978. |
| S.I.1981/ 1675 (N.I.26). | The Magistrates’ Courts (Northern Ireland) Order 1981. | In Schedule 6, paragraph 48. |
| S.I.1986/75. | The Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1986. | The whole Order. |
| S.I.1989/ 510. | The Northern Ireland (Emergency Provisions) (Amendment) Regulations 1989. | The whole Regulations. |
| S.I.1989/ 1341 (N.I.12). | The Police and Criminal Evidence (Northern Ireland) Order 1989. | In Schedule 2 the entry relating to the Northern Ireland (Emergency Provisions) Act 1978. |
| S.I.1989/ 1501. | The Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1989. | The whole Order. |
| S.I.1990/ 758. | The Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1990. | The whole Order. |