The Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) (No. 2) Order 1993

Statutory Instruments

1993 No. 2788

NORTHERN IRELAND

The Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) (No. 2) Order 1993

Made

8th November 1993

Laid before Parliament

18th November 1993

Coming into force

1st January 1994

Whereas—

(1)

by section 61(1) of the Northern Ireland (Emergency Provisions) Act 1991(1) (hereinafter referred to as “the 1991 Act”) the Secretary of State is required to make codes of practice in connection with the detention, treatment, questioning and identification of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 (2):

(2)

in pursuance of section 61(2) of the 1991 Act the Secretary of State has prepared and published draft codes of practice in connection with those matters and has considered representations made to him about them and modified them accordingly:

(3)

in pursuance of section 61(3) of the 1991 Act the Secretary of State has laid drafts of the codes of practice before both Houses of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 61(3) and (4) of the 1991 Act, hereby orders as follows:

Citation and Commencement

1.  This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) (No.2) Order 1993 and shall come into force on 1st January 1994.

Codes of Practice

2.  The codes of practice laid in draft before Parliament on 27th October 1993 in connection with the detention, treatment, questioning and identification of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 shall come into operation on 1st January 1994, subject to article 3 of this Order.

Transitional provisions

3.—(1) The code of practice for the detention, treatment and questioning of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 shall apply as follows—

(a) sections 2, 3, 4, 8, 9 and 15 shall apply to persons who are in such detention where the period of detention commenced after 31st December 1993; and

(b) the remaining provisions shall apply to persons in such detention after midnight on 31st December 1993, notwithstanding that their period of detention may have commenced before that time.

(2) The code of practice for the identification of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 shall apply to any procedures to which the code relates which are carried out after 31st December 1993.

P. B. B. Mayhew

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

8th November 1993

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st January 1994 as the date on which two codes of practice made under section 61 of the Northern Ireland (Emergency Provisions) Act 1991 will come into operation.

The codes of practice are:—

(a) a code of practice for the detention, treatment and questioning of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989;

(b) a code of practice for the identification of persons detained under that Act.

The codes of practice are published by Her Majesty’s Stationery Office; copies may be obtained from HMSO bookshops.

(1)

1991 c. 24.

(2)

1989 c. 4.