Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

• (7) Paragraph 4(1), (2), (3) and (6) above shall apply to orders under this paragraph as they apply to orders under paragraph 3.

Urgent cases

7

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency and that in the interests of the State immediate action is necessary, he may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 2 or 5 above.

• (2) Where an authority is given under this paragraph particulars of the case shall be notified as soon as may be to the Secretary of State.

• (3) An order under this paragraph may not authorise a search for items subject to legal privilege.

• (4) If such a police officer as is mentioned in sub-paragraph (1) above has reasonable grounds for believing that the case is such as is there mentioned he may by a notice in writing signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under this paragraph.

• (5) Any person who without reasonable excuse fails to comply with a notice under sub-paragraph (4) above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

• (6) Sub-paragraphs (2) to (5) of paragraph 6 above shall apply to a requirement imposed under sub-paragraph (4) above as they apply to a requirement under that paragraph.

Orders by Secretary of State in relation to certain investigations

8

• (1) This paragraph has effect in relation to a terrorist investigation concerning any act which appears to the Secretary of State to constitute an offence under Part III of this Act.

• (2) Without prejudice to the foregoing provisions of this Part of this Schedule, the Secretary of State may by a written order signed by him or on his behalf give to any constable in Northern Ireland the authority which may be given by a search warrant under paragraph 2 or 5 above or impose on any person in Northern Ireland any such requirement as may be imposed by an order under paragraph 3 above if—

• (a) he is satisfied as to the matters specified in those paragraphs respectively for the issue of a warrant by a justice of the peace or the making of an order by a county court judge; and

• (b) it appears to him that the disclosure of information that would be necessary for an application under those provisions would be likely to prejudice the capability of members of the Royal Ulster Constabulary in relation to the investigation of offences under Part III of this Act or otherwise prejudice the safety of, or of persons in, Northern Ireland.

• (3) A person who disobeys an order under this paragraph which corresponds to an order under paragraph 3 above (a “Secretary of State’s production order”) is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two 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.

• (4) A Secretary of State’s production order may be varied or revoked by the Secretary of State and references in paragraphs 4(4), (5) and (6) and 5 above to an order under paragraph 3 above shall include references to a Secretary of State’s production order.

• (5) The Secretary of State may by a written order signed by him or on his behalf require any person in Northern Ireland to provide an explanation of any material seized or produced in pursuance of an order under the foregoing provisions of this paragraph; and paragraphs 6(2) to (5) and 7(5) above shall apply to an order under this sub-paragraph as they apply to an order or notice under those paragraphs.

Access to Land Register

9

Supplementary

10

• (1) Any power of seizure conferred by this Schedule is without prejudice to the powers conferred by section 19 of the Police and Criminal Evidence Act 1984 and for the purposes of sections 21 and 22 of that Act (access to, and copying and retention of, seized material)—

• (a) a terrorist investigation shall be treated as an investigation of or in connection with an offence; and

• (b) material produced in pursuance of an order under paragraph 3 or 8 above shall be treated as if it were material seized by a constable.

• (2) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

Part II — Scotland

Interpretation

11

In this Part of this Schedule a “terrorist investigation” means any investigation to which section 17(1) of this Act applies.

Order for production of material

12

• (1) A procurator fiscal may, for the purpose of a terrorist investigation, apply to a sheriff for an order under sub-paragraph (2) below in relation to particular material or material of a particular description.

• (2) If on such an application the sheriff is satisfied that the conditions in sub-paragraph (5) below are fulfilled, he may make an order that the person who appears to him to be in possession of the material to which the application relates shall—

• (a) produce it to a constable for him to take away; or

• (b) give a constable access to it,

within such period as the order may specify and if the material is not in that person’s possession (and will not come into his possession within that period) to state to the best of his knowledge and belief where it is.

• (3) An order under sub-paragraph (2) above may relate to material of a particular description which is expected to come into existence or become available to the person concerned in the period of twenty-eight days beginning with the date of the order; and an order made in relation to such material shall require that person to notify a named constable as soon as possible after the material comes into existence or becomes available to that person.

• (4) The period to be specified in an order under sub-paragraph (2) above shall be seven days from the date of the order or, in the case of an order made by virtue of sub-paragraph (3) above, from the notification to the constable unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances of the application.

• (5) The conditions referred to in sub-paragraph (2) above are—

• (a) that a terrorist investigation is being carried out and that there are reasonable grounds for believing that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation; and

• (b) that there are reasonable grounds for believing that it is in the public interest, having regard—

• (i) to the benefit likely to accrue to the investigation if the material is obtained; and

• (ii) to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

• (6) Where the sheriff makes an order under sub-paragraph (2)(b) above in relation to material on any premises he may, on the application of the procurator fiscal, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

13

• (1) Provision may be made by Act of Adjournal as to—

• (a) the discharge and variation of orders under paragraph 12 above; and

• (b) proceedings relating to such orders.

• (2) The following provisions shall have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1) above—

• (a) an order under paragraph 12 above may be discharged or varied by a sheriff on a written application made to him by any person subject to the order;

• (b) unless the sheriff otherwise directs on grounds of urgency, the applicant shall, not less than forty-eight hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order to be discharged or varied was made.

• (3) Where the material to which an application under paragraph 12 above relates consists of information contained in a computer—

• (a) an order under sub-paragraph (2)(a) of that paragraph shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

• (b) an order under sub-paragraph (2)(b) of that paragraph shall have effect as an order to give access to the material in a form in which it is visible and legible;

• (4) Subject to paragraph 17(1)(b) below, an order under paragraph 12 above shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by statute or otherwise.

• (5) An order may be made under paragraph 12 above in relation to material in the possession of a government department which is an authorised government department for the purposes of the Crown Proceedings Act 1947; and any such order (which shall be served as if the proceedings were civil proceedings against the department) may require any officer of the department, whether named in the order or not, who may for the time being be in possession of the material concerned to comply with such order.

Warrant for search of premises

14

• (1) A procurator fiscal may, for the purpose of a terrorist investigation, apply to a sheriff for a warrant under this paragraph in relation to specified premises.

• (2) On such application the sheriff may issue a warrant authorising a constable to enter and search the premises if the sheriff is satisfied—

• (a) that an order made under paragraph 12 above in relation to material on the premises has not been complied with; or

• (b) that the conditions in sub-paragraph (3) below are fulfilled.

• (3) The conditions referred to in sub-paragraph (2)(b) above are—

• (a) that there are reasonable grounds for believing that there is material on the premises specified in the application in respect of which the conditions in sub-paragraph (5) of paragraph 12 above are fulfilled; and

• (b) that it would not be appropriate to make an order under that paragraph in relation to the material because—

• (i) it is not practicable to communicate with any person entitled to produce the material; or

• (ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or

• (iii) the investigation for the purposes of which the application is made may be seriously prejudiced unless a constable can secure immediate access to the material.

• (4) A warrant under this paragraph shall authorise a constable to enter the premises specified in the warrant and to search the premises and any persons found there and to seize and retain any material found there or on any such person, if he has reasonable grounds for believing that it is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

• (5) A warrant under this paragraph may authorise persons named in the warrant to accompany a constable who is executing it.

Explanation of seized or produced material

15

• (1) A sheriff may, on an application made by a procurator fiscal, order any person specified in the order to provide an explanation of any material produced or made available to a constable under paragraph 12 above or seized in pursuance of a warrant under paragraph 14 above.

• (2) A person shall not under this paragraph be required to disclose any information which he would be entitled to refuse to disclose on grounds of confidentiality in legal proceedings as being—

• (a) communications between a professional legal adviser and his client, or

• (b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

except that a lawyer may be required to furnish the name and address of his client.

• (3) A statement by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him—

• (a) on a prosecution for an offence under section 2 of the False Oaths (Scotland) Act 1933; or

• (b) on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

• (4) Sub-paragraphs (1), (2) and (5) of paragraph 13 above shall apply to orders under this paragraph as they apply to orders under paragraph 12 above.

Urgent cases

16

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency and that in the interests of the State immediate action is necessary, he may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 11A or 14 above.

• (2) Where an authority is given under this paragraph particulars of the case shall be notified as soon as may be to the Secretary of State.

• (3) If such a police officer as is mentioned in sub-paragraph (1) above has reasonable grounds for believing that the case is such as is there mentioned he may by a notice in writing signed by him require any person specified in the notice to provide an explanation of any materials seized in pursuance of an order under this paragraph.

• (4) Any person who without reasonable excuse fails to comply with a notice under sub-paragraph (3) above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

• (5) Sub-paragraphs (2) and (3) of paragraph 15 above shall apply to a requirement under sub-paragraph (3) above as they apply to an order under that paragraph.

Supplementary

17

• (1) This Part of this Schedule is without prejudice to—

• (a) any power of entry or search or any power to seize or retain property which is otherwise exercisable by a constable;

• (b) any rule of law whereby—

• (i) communications between a professional legal adviser and his client, or

• (ii) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

are in legal proceedings protected from disclosure on the ground of confidentiality.

• (2) For the purpose of exercising any powers conferred on him under this Part of this Schedule a constable may, if necessary, open lockfast places on premises specified in an order under paragraph 12 or 16 above or a warrant under paragraph 14 above.

• (3) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

SCHEDULE 8

The Extradition Act 1870 (c. 52)

1

The Criminal Justice Act 1967 (c. 80)

2

In section 67(7)(b) of the Criminal Justice Act 1967 for the words “section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989".

The Northern Ireland (Emergency Provisions) Act 1978 (c. 5)

3

The Suppression of Terrorism Act 1978 (c. 26)

4

In Schedule 1 to the Suppression of Terrorism Act 1978 after paragraph 19 there shall be inserted—

(19A) An offence under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989.

The Criminal Justice (Scotland) Act 1980 (c. 62)

5

In section 3D(1) of the Criminal Justice (Scotland) Act 1980 for paragraph (a) there shall be substituted—

(a) “terrorism provisions” means section 14(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention;

.

The Police and Criminal Evidence Act 1984 (c. 60)

6

• (1) The Police and Criminal Evidence Act 1984 shall be amended as follows.

• (2) In section 30(12) for paragraph (c) there shall be substituted—

(c) section 15(6) and (9) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and paragraphs 7(4) and 8(4) and (5) of Schedule 2 and paragraphs 6(6) and 7(4) and (5) of Schedule 5 to that Act.

• (3) In section 32(10) for the words “paragraph 6 of Schedule 3 to the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989".

• (4) In section 51(b) for the words “section 12 or 13 of the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or Schedule 2 or 5 to that Act".

• (5) In section 61(9)(b) after “(b)" there shall be inserted the words “except as provided in section 15(10) of, and paragraph 7(6) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989,".

• (6) In section 65 for the definition of “the terrorism provisions" and “terrorism" there shall be substituted respectively—

“the terrorism provisions” means section 14(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention; and “terrorism” has the meaning assigned to it by section 20(1) of that Act.

• (7) In section 116(5) for the words “section 1, 9 or 10 of the Prevention of Terrorism (Temporary Provisions) Act 1984" there shall be substituted the words “section 2, 8, 9, 10 or 11 of the Prevention of Terrorism (Temporary Provisions) Act 1989".

• (8) In section 118(2)(a) after the word “offence" there shall be inserted the words “or after being arrested under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5 to that Act by an examining officer who is a constable".

The Drug Trafficking Offences Act 1986 (c. 32)

7

In section 5(2) of the Drug Trafficking Offences Act 1986 the word “or" at the end of paragraph (b) shall be omitted and at the end of paragraph (c) there shall be inserted the words

, or (d) an order under section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),

.

The Northern Ireland (Emergency Provisions) Act 1987 (c. 30)

8

The Criminal Justice (Scotland) Act 1987 (c. 41)

9

In section 5(3)(b) of the Criminal Justice (Scotland) Act 1987 at the end of sub-paragraph (iii) there shall be inserted the words

or (iiia) section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),

.

The Criminal Justice Act 1988 (c. 33)

10

• (1) The Criminal Justice Act 1988 shall be amended as follows.

• (2) In section 71(9)(c) after the words “other than a drug trafficking offence" there shall be inserted the words “or an offence under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989".

• (3) In section 74(2) the word “or" at the end of paragraph (b) shall be omitted and at the end of paragraph (c) there shall be inserted the words

; or (d) an order under section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),

.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Part I — Enactments

Part II — Orders

Proscribed organisations.

2A

• (1) This section applies where a person is charged with an offence under section 2(1)(a) above; and references here to a specified organisation must be construed in accordance with section 2B below.

• (2) Subsection (3) below applies if a police officer of or above the rank of superintendent states in oral evidence that in his opinion the accused—

• (a) belongs to an organisation which is specified, or

• (b) belonged at a particular time to an organisation which was then specified.

• (3) If this subsection applies—

• (a) the statement shall be admissible as evidence of the matter stated, but

• (b) the accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the statement.

• (4) Subsection (6) below applies if evidence is given that—

• (a) at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

• (b) before being questioned he was permitted to consult a solicitor.

• (5) Subsection (6) below also applies if evidence is given that—

• (a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

• (b) before being charged or informed he was permitted to consult a solicitor.

• (6) If this subsection applies—

• (a) the court or jury, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but

• (b) the accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the inferences.

• (7) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

• (8) This section does not—

• (a) prejudice the admissibility of evidence admissible apart from this section;

• (b) preclude the drawing of inferences which could be drawn apart from this section;

• (c) prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

• (9) In subsection (8)(c) above the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery or disclosure, producing documents or otherwise).

• (10) In any proceedings in Scotland for an offence under section 2(1)(a) above in which the accused is charged with belonging to a specified organisation, where the court or jury draws an inference as mentioned in subsection (6) above any evidence that he belongs or, as the case may be, belonged to the organisation shall be sufficient evidence of that matter.

• (11) In this section “police officer” means a member of—

• (a) a police force within the meaning of the Police Act 1996 or the Police (Scotland) Act 1967, or

• (b) the Royal Ulster Constabulary.

• (12) This section does not apply to a statement made or failure occurring before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed.

2B

• (1) For the purposes of section 2A above an organisation is specified at a particular time if at that time—

• (a) it is specified under section 3(8) of the Northern Ireland (Sentences) Act 1998 or under subsection (2) below, and

• (b) it is, or forms part of, an organisation which is proscribed for the purposes of this Act.

• (2) If the condition in subsection (3) below is satisfied the Secretary of State may by order specify an organisation which is not specified under section 3(8) of the Northern Ireland (Sentences) Act 1998.

• (3) The condition is that the Secretary of State believes that the organisation—

• (a) is concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and

• (b) has not established or is not maintaining a complete and unequivocal ceasefire.

• (4) An order under this section shall be made by statutory instrument; and no order shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

Part IVA — Offences against Public Security

16A

• (1) A person is guilty of an offence if he has any article in his possession in circumstances giving rise to a reasonable suspicion that the article is in his possession for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies.

• (2) The acts of terrorism to which this section applies are—

• (a) acts of terrorism connected with the affairs of Northern Ireland; and

• (b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

• (3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article in question was not in his possession for such a purpose as is mentioned in subsection (1) above.

• (4) Where a person is charged with an offence under this section and it is proved that at the time of the alleged offence—

• (a) he and that article were both present in any premises; or

• (b) the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public,

the court may accept the fact proved as sufficient evidence of his possessing that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it.

• (5) A person guilty of an offence under this section is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding ten 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.

• (6) This section applies to vessels, aircraft and vehicles as it applies to premises.

16B

• (1) No person shall, without lawful authority or reasonable excuse (the proof of which lies on him)—

• (a) collect or record any information which is of such a nature as is likely to be useful to terrorists in planning or carrying out any act of terrorism to which this section applies; or

• (b) have in his possession any record or document containing any such information as is mentioned in paragraph (a) above.

• (2) The acts of terrorism to which this section applies are—

• (a) acts of terrorism connected with the affairs of Northern Ireland; and

• (b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

• (3) In subsection (1) above the reference to recording information includes a reference to recording it by means of photography or by any other means.

• (4) Any person who contravenes this section is guilty of an offence and liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding ten 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) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.

PART IVB — CORDONS AND PROTECTIVE POWERS

16C

• (1) If it appears to a police officer of at least the rank of superintendent that it is expedient to do so in connection with an investigation into the commission, preparation or instigation of an act of terrorism to which this section applies, he may authorise a cordon to be imposed on an area specified by him in the authorisation.

• (2) If it appears to a constable below the rank of superintendent that it is necessary for him to do so as a matter of great urgency, he may exercise the power given to a superintendent by subsection (1) above.

• (3) The acts of terrorism to which this section applies are—

• (a) acts of terrorism connected with the affairs of Northern Ireland; and

• (b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

• (4) The powers that may be exercised within an area on which a cordon has been imposed under this section are set out in Schedule 6A to this Act.

• (5) Schedule 6A also makes further provision with respect to cordoned areas.

16D

• (1) If it appears to an appropriate officer that it is expedient to do so in order to prevent acts of terrorism to which section 16C above applies he may give an authorisation for the purposes of this section.

• (2) An authorisation—

• (a) may be given in writing or orally but if given orally must be confirmed in writing by the person giving it as soon as is reasonably practicable; and

• (b) has effect—

• (i) in relation to such roads, or parts of roads, as may be specified; and

• (ii) for such period, not exceeding 28 days, as may be specified.

• (3) Only roads, or parts of roads, which are within the police area of the officer giving the authorisation may be specified.

• (4) An authorisation gives any constable power to prohibit or restrict the leaving of vehicles, or their remaining at rest, on any specified road, or part of a road.

• (5) The power conferred by subsection (4) above is to be exercised by placing the appropriate traffic sign on, or on any structure which is on, the road or part of the road concerned.

• (6) If the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed under subsection (4) above fails to move the vehicle when ordered to do so by a constable in uniform, he is guilty of an offence.

• (7) A person is guilty of an offence if he leaves a vehicle, or permits a vehicle to remain at rest, on a road in contravention of a prohibition or restriction imposed under this section.

• (8) It is a defence for any person charged with an offence under this section to prove that he had lawful authority or some other reasonable excuse for the act or omission in question.

• (9) A person guilty of an offence under subsection (6) above is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

• (10) A person guilty of an offence under subsection (7) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (11) If it appears to an appropriate officer that the exercise of the powers conferred by this section ought to continue beyond the period for which their exercise has been authorised under this section he may, from time to time, authorise the exercise of those powers for a further period, not exceeding 28 days.

• (12) The fact that a person has a current disabled person’s badge does not—

• (a) exempt him from any prohibition or restriction imposed under this section; or

• (b) constitute lawful authority, or a reasonable excuse, for failing to comply with any order given under this section.

• (13) In this section—

• “appropriate officer” means—any police officer of or above the rank of commander of the metropolitan police, as respects the metropolitan police district;any police officer of or above the rank of commander of the City of London police, as respects the City of London; orany police officer of or above the rank of assistant chief constable of a force maintained for any other police area;

• “authorisation” means an authorisation given under this section;

• “disabled person’s badge” has the same meaning as in section 142 of the Road Traffic Regulation Act 1984;

• “driver” means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there;

• “road” has the same meaning as in the Road Traffic Act 1988;

• “specified” means specified in an authorisation;

• “traffic sign” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984; and

• “vehicle” has the same meaning as in section 99(5) of the Act of 1984.

• (14) A constable exercising powers under this section may suspend a parking place; and any such suspension is to be treated for the purposes of section 99 of the Act of 1984 (removal of vehicles illegally parked etc.), and any regulations in force under that section, as a restriction imposed under this section.

• (15) The powers conferred by this section are additional to any other powers which a constable has either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

18A

• (1) A person is guilty of an offence if—

• (a) he knows, or suspects, that another person is providing financial assistance for terrorism;

• (b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and

• (c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.

• (2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

• (3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

• (4) Where a person discloses to a constable—

• (a) his suspicion or belief that another person is providing financial assistance for terrorism; or

• (b) any information or other matter on which that suspicion or belief is based;

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

• (5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

• (6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

• (7) In this section “providing financial assistance for terrorism” means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.

• (8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

• (9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

• (a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

• (b) by, or by a representative of, a person seeking legal advice from the adviser; or

• (c) by any person—

• (i) in contemplation of, or in connection with, legal proceedings; and

• (ii) for the purpose of those proceedings.

• (10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

• (11) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or

• (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.

19A

• (1) The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 9 to 11, 17 and 18A above shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.

• (2) Section 18A of this Act shall not apply to—

• (a) any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or

• (b) in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.

• (3) The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.

• (4) The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.

• (5) In this section—

• “the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and

• “prescribed” means prescribed by regulations made by the Secretary of State.

• (6) The power to make regulations under this section shall be exercisable by statutory instrument.

• (7) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Irish Republican Army

Making of exclusion order

Detention pending decision whether to make exclusion order

5A

• (1) A person on whom notice has been served under paragraph 2(1) above may be detained under the authority of the Secretary of State until the Secretary of State has either made an exclusion order against him or decided not to make an exclusion order against him.

• (2) A person liable to be detained under sub-paragraph (1) above may be arrested without warrant by an examining officer.

• (3) The power of detention and the power of arrest conferred by sub-paragraphs (1) and (2) above are exercisable only—

• (a) in Great Britain if the notice relates to the making of an order under section 5 of this Act; and

• (b) in Northern Ireland if it relates to the making of an order under section 6 of this Act.

• (4) A person may be removed from a vehicle for detention under this paragraph.

16A

• (1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.

• (2) A warrant under sub-paragraph (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.

• (3) The fact that an arrestment has been executed under sub-paragraph (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.

• (4) No arrestment executed under sub-paragraph (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.

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.

Powers to search goods

4A

• (1) For the purpose of determining whether they are or have been involved in the commission, preparation or instigation of acts of terrorism to which paragraph 2 above applies, an examining officer may search any goods which have arrived in or are about to leave Great Britain or Northern Ireland on any ship, aircraft or vehicle.

• (2) An examining officer may board any ship or aircraft or enter any vehicle for the purpose of determining whether there are goods on the ship, aircraft or vehicle in respect of which he may wish to exercise his power of search.

• (3) Where an examining officer has power to search under this paragraph, he may, instead, authorise a search to be carried out on his behalf by a person who is not an examining officer.

• (4) Where a person who is not an examining officer is authorised to carry out a search in accordance with sub-paragraph (3) above he may—

• (a) board any ship or aircraft or enter any vehicle for the purpose of determining whether there are goods on the ship, aircraft or vehicle in respect of which he may wish to exercise his power of search; and

• (b) if necessary, use reasonable force for the purpose of carrying out his functions under this paragraph.

• (5) In Scotland any person employed by a police authority for the assistance of constables under section 9 of the Police (Scotland) Act 1967 may perform any functions conferred on examining officers by this paragraph, and may, if necessary, use reasonable force for the purpose of performing those functions.

• (6) Any person carrying out a search under this paragraph may, for the purpose of examining it, detain for a period not exceeding seven days anything found on the search.

• (7) If, on examining anything so found, the person examining it is of the opinion that it may be needed for use as evidence in criminal proceedings he may detain it until he is satisfied that it will not be so needed.

• (8) In this paragraph “goods” includes—

• (a) stores,

• (b) baggage,

• (c) substances, whether natural or manufactured, and whether or not incorporated in or mixed with other goods, and

• (d) in relation to Scotland, also all corporeal moveables,

and any transport container or other container in which goods may be placed.

SCHEDULE 6A

1

In this Schedule—

• “authorisation” means an authorisation given under section 16C of this Act;

• “cordoned area” means an area on which a cordon has been imposed by an authorisation which remains in force;

• “police tape” means any plastic or other tape which is generally used by the police force concerned to indicate an area to which members of the public should not attempt to gain access;

• “terrorist investigation” means any investigation to which section 17(1) of this Act applies.

Authorisation

2

• (1) Authorisation may be given in writing or orally but if given orally must be confirmed in writing by the person giving it as soon as is reasonably practicable.

• (2) A constable who gives an authorisation by virtue of section 16C(2) above must, as soon as is reasonably practicable—

• (a) make a written record of the time at which he gave it; and

• (b) cause a police officer of at least the rank of superintendent to be informed that it was given.

• (3) An officer to whom such a report is made may give a direction in writing—

• (a) confirming the authorisation; or

• (b) if he considers that it should not be confirmed, cancelling it.

• (4) If a direction is given under sub-paragraph (3)(b), the officer giving it must record in writing—

• (a) the fact that the authorisation was given; and

• (b) the reason for giving it.

Area on which cordon is imposed

3

• (1) An authorisation must specify the area on which the cordon is being imposed.

• (2) That area must be within the police area of the person giving the authorisation.

Period for which cordon is imposed

4

• (1) An authorisation must specify the period for which it will be in force.

• (2) The period initially specified must not exceed 14 days.

• (3) The specified period may be extended by one or more written variations made by an officer of at least the rank of superintendent.

• (4) The overall period for which an authorisation is in force must not exceed 28 days.

Marking the area

5

The area on which a cordon is imposed must, so far as is reasonably practicable, be indicated by means of police tape or in such other manner as appears to the police officer responsible for carrying out the arrangements for applying the cordon to be appropriate.

Police powers in cordoned area

6

• (1) A person who is in a cordoned area must immediately leave the area if ordered to do so by a constable in uniform.

• (2) A person who is on any premises which abut or are wholly or partly within a cordoned area must immediately leave the premises if ordered to do so by a constable in uniform.

• (3) The driver or other person in charge of a vehicle which is in a cordoned area must immediately move the vehicle from the area if ordered to do so by a constable in uniform.

• (4) A constable may—

• (a) remove from a cordoned area any vehicle which is in that area; or

• (b) move any such vehicle to another place within that area.

• (5) A constable in uniform may prohibit or restrict any vehicular or pedestrian access to a cordoned area.

Powers of search in cordoned area: England and Wales

7

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing—

• (a) that there is material which is likely to be of substantial value (whether by itself or together with other material) to a terrorist investigation to be found on premises which are wholly or partly within a cordoned area, and

• (b) that the material does not consist of or include items subject to legal privilege, excluded material or special procedure material,

he may give written authority for a search of the premises.

• (2) If written authority is given under this paragraph, a constable may enter the premises specified in the authority, search the premises and any person found there and seize and retain anything found there or on any such person, other than items subject to legal privilege, if he has reasonable grounds for believing—

• (a) that it is likely to be of substantial value (whether by itself or together with other material) to the investigation; and

• (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (3) Entry and search under an authority given under this paragraph may be at any time (and on more than one occasion) while the area concerned is a cordoned area.

• (4) Nothing in this paragraph authorises a constable to require a person to remove any of his clothing in public other than any headgear, footwear, outer coat, jacket or gloves.

• (5) Any power of seizure conferred by this Schedule is without prejudice to the powers conferred by section 19 of the Police and Criminal Evidence Act 1984 and for the purposes of sections 21 and 22 of that Act (access to, and copying and retention of, seized material), a terrorist investigation is to be treated as an investigation of or in connection with an offence.

• (6) In this paragraph “items subject to legal privilege”, “excluded material” and “special procedure material” have the meaning given in sections 10 to 14 of the Police and Criminal Evidence Act 1984.

Powers of search in cordoned areas: Scotland

8

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that there is material which is likely to be of substantial value (whether by itself or together with other material) to a terrorist investigation to be found on premises which are wholly or partly within a cordoned area, he may give written authority for a search of the premises.

• (2) If written authority is given under this paragraph, a constable may enter the premises specified in the authority, search the premises and any person found there and seize and retain anything found there or on any such person if he has reasonable grounds for believing that it is such material as is mentioned in sub-paragraph (1) above and that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (3) Under an authority given under this paragraph a constable may—

• (a) enter and search the premises specified in the authority at any time (and on more than one occasion) while the area concerned is a cordoned area; and

• (b) if necessary, for the purpose of the exercise of his powers under sub-paragraph (2) above, open lockfast places on such premises.

• (4) Nothing in this paragraph authorises a constable to require a person to remove any of his clothing in public other than any headgear, footwear, outer coat, jacket or gloves.

• (5) Nothing in this paragraph shall prejudice any rule of law whereby—

• (a) communications between a professional legal adviser and his client, or

• (b) communications made in connection with or in contemplation of legal proceedings and for the purpose of those proceedings,

are in legal proceedings protected from disclosure on grounds of confidentiality.

Offences

9

• (1) A person who—

• (a) fails to comply with an order given under paragraph 6(1), (2) or (3) above,

• (b) contravenes a prohibition or restriction imposed under paragraph 6(5) above, or

• (c) wilfully obstructs a constable in the execution of his duty under paragraph 6 above,

is guilty of an offence.

• (2) A person who wilfully obstructs, or seeks to frustrate the object of, a search under paragraph 7 or 8 above, is guilty of an offence.

• (3) It is a defence for a person charged with an offence under sub-paragraph (1)(a) or (b) above to prove that he had lawful authority or some other reasonable excuse for the failure or contravention.

• (4) A person who is guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or both.

Powers to be in addition to other powers

10

The powers conferred by this Schedule are additional to any other powers which a constable has either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

Search of non-residential premises

2A

• (1) A justice of the peace may, on an application made by a police officer of at least the rank of superintendent, issue a warrant under this paragraph if satisfied that a terrorist investigation is being carried out and that there are reasonable grounds for believing—

• (a) that there is material which is likely to be of substantial value (whether by itself or together with other material) to the investigation to be found on one or more of the premises specified in the application; and

• (b) that the material does not consist of or include items subject to legal privilege, excluded material or special procedure material.

• (2) The officer making an application under this paragraph may not include in the premises specified in the application any which he has reasonable cause to believe are used wholly or mainly as a dwelling.

• (3) A warrant under this paragraph shall authorise a constable to enter any of the premises specified in the warrant and to search the premises and any person found there and to seize and retain anything found there or on any such person, other than an item subject to legal privilege, if he has reasonable grounds for believing—

• (a) that it is likely to be of substantial value (whether by itself or together with other material) to the investigation; and

• (b) that it is necessary to seize it in order to prevent it from being concealed, lost, damaged, altered or destroyed.

• (4) Entry and search under a warrant issued under this paragraph must be within 24 hours from the time when the warrant is issued.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Search of non-residential premises

11A

• (1) A procurator fiscal may, for the purposes of a terrorist investigation, apply to a sheriff for a warrant under this paragraph in relation to two or more premises specified in the application.

• (2) A procurator fiscal making an application under this paragraph may not include in the premises so specified any which he has reasonable cause to believe are used wholly or mainly as a dwelling.

• (3) On such an application a sheriff may issue a warrant authorising a constable to enter and search the premises specified in the application if the sheriff is satisfied that—

• (a) a terrorist investigation is being carried out; and

• (b) there are reasonable grounds for believing that there is material which is likely to be of substantial value (whether by itself or together with other material) to the investigation to be found on one or more of those premises.

• (4) A warrant under this paragraph shall authorise a constable to enter any of the premises specified in the warrant and to search those premises and any person found there and to seize and retain any material found there or on any such person, if he has reasonable grounds for believing that—

• (a) it is likely to be of substantial value (whether by itself or together with any other material) to the investigation; and

• (b) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (5) Entry and search under a warrant issued under this paragraph must be within 24 hours from the time when the warrant is issued.

• (6) A warrant issued under this paragraph may authorise persons named in the warrant to accompany a constable who is executing it.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c1215091]: The provisions referred to in s. 27(11) of the Act are continued in force as mentioned in S.I. 1990/675, art. 3 for a period of 12 months beginning with 22.3.1990

[^c1215092]: The provisions of Parts I to V and section 27(6)(c) except 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 section 21 of the Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section are continued in force for a period of 12 months beginning with 22.3.1990 by virtue of S.I. 1990/633, art. 3

[^c1215093]: The provisions of Parts I to V and 27(6)(c) of the 1989 Act except 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 section 21 of the Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section are continued in force for a period of twelve months beginning with 22.3.1991 by virtue of S.I. 1991/549, art. 3

[^c1215094]: Act partly in force at 16.3.1989 see s. 27(1)-(4)

[^c1215095]: This Act extends to United Kingdom but for exceptions see s.28(2)(3)

[^c1215096]: The provisions of Parts 1 to V and section 27(6)(c) of the 1989 Act except 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 section 28 of the Northern Ireland (Emergency provisions) Act 1991 or offences or orders under that that section continued (until 21.3.1992) by S.I. 1991/779 art. 3 Act: specified provisions continued (22.3.1992) (temp. until 21.3.1993) by S.I. 1992/495, arts. 2, 3 Act: specified provisions continued (16.6.1992) (temp. until 15.6.1993) by S.I. 1992/1413, arts. 2, 3 Act: specified provisions continued (22.3.1993) (temp. until 21.3.1994) by S.I. 1993/747, arts. 2, 3 Act: specified provisions continued (16.6.1993) (temp. until 15.6.1994) by S.I. 1993/1522, arts. 2, 3 Act: specified provisions continued (22.3.1994) (temp. until 21.3.1995) by S.I. 1994/835, arts. 2, 3 Act: specified provisions continued (16.6.1994) (temp. until 15.6.1995) by S.I. 1994/1569, arts. 2, 3 Act: specified provisions continued (22.3.1995) (temp. until 21.3.1996) by S.I. 1995/816, arts. 2, 3 Act: specified provisions continued (16.6.1995) (temp. until 15.6.1996) by S.I. 1995/1566, arts. 2, 3 Act: specified provisions continued (22.3.1996) (temp. until 21.3.1997) by S.I. 1996/891, arts. 2, 3 Act: specified provisions continued (16.6.1996) (temp. until 26.8.1996) by S.I. , art. 2 Act: specified provisions continued (22.3.1997) (temp. until 21.3.1998) by S.I. 1997/807, arts. 2, 3 Act: specified provisions continued (16.6.1997) (temp. until 15.6.1998) by S.I. 1997/1114, art. 2, 3 Act: Specified provisions continued (22.3.1998) (temp. until 21.3.1999) by S.I. 1998/768, art. 2 Act: specified provisions continued (22.3.1999) (temp. until 21.3.2000) by S.I. 1999/906, art. 2(a) Act: specified provisions continued (16.6.1999) (temp. until 15.6.2000) by S.I. 1999/1709, art. 3 Act: specified provisions continued (22.3.2000) (temp. until 21.3.2001) by S.I. 2000/835, art. 2(a) Act: specified provisions continued (16.6.2000) (temp. until 24.8.2000) by S.I. 2000/1608, art. 3 Act:specified provisions continued in force for a period of 12 months beginning with (20.7.2000) by 2000 c. 11, s. 2, Sch. 1 paras. 1, 2(1) (the provisions of which Sch. 1, para. 1 ceased to have effect on 19.2.2001)

[^c1215100]: Act applied (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 1994/1405, art. 7

[^c1215101]: S. 2(1) restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

[^c1215102]: 1974 c. 56.

[^c1215103]: 1976 c. 8.

[^c1215104]: 1984 c. 8.

[^c1215110]: S. 3 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

[^c1215111]: 1984 c. 54.

[^c1215105]: Ss. 2A, 2B inserted (4.9.1998) by 1998 c. 40, s. 1(1)

[^c1215106]: 1996 c. 16.

[^c1215107]: 1967 c. 77.

[^c1215108]: Ss. 2A, 2B inserted (4.9.1998) by 1998 c. 40, s. 1(1)

[^c1215109]: 1998 c. 35.

[^c1215113]: Part III: continued in force (22.3.2000) (temp. until 21.3.2001) by S.I. 2000/835, art. 2(a)

[^c1215114]: S. 9 applied (1.8.1994) by S.I. 1994/1758, reg. 3

[^c1215115]: S. 9 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

[^c1215116]: Word in s. 9(1) repealed (15.2.1994) by 1993 c. 36, s. 79(14), Sch. 6 Pt.I; S.I. 1994/71, arts. 2, 3, Sch. Appendix

[^c1215117]: Words in s. 9(1) inserted (15.2.1994) by 1993 c. 36, s. 49(1); S.I. 1994/71, arts. 2, 3, Sch.

[^c1215120]: S. 10 applied (1.8.1994) by S.I. 1994/1758, reg. 3

[^c1215121]: Words in s. 10(1)(b) inserted (15.2.1994) by 1993 c. 36, s. 49(2); S.I. 1994/71, arts. 2, 3, Sch.

[^c1215122]: Words in s. 10(3) substituted by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), s. 70(3), Sch. 7 para. 5(2).

[^c1215127]: S. 11 applied (1.8.1994) by S.I. 1994/1758, reg. 3

[^c1215128]: S. 11 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

[^c1215129]: Words in s. 12(1) substituted (15.2.1994) by 1993 c. 36, s. 49(3); S.I. 1994/71, arts. 2, 3, Sch.

[^c1215130]: S. 12(2A) inserted (15.2.1994) by 1993 c. 36, s. 49(4); S.I. 1994/71, arts. 2, 3, Sch.

[^c1215131]: Words in s. 12(3) inserted (15.2.1994) by 1993 c. 36, s. 49(5); S.I. 1994/71, arts. 2, 3, Sch.

[^c1215132]: S. 12(4)-(6) added (15.2.1994) by 1993 c. 36, s. 49(6); S.I. 1994/71, arts. 2, 3, Sch.

[^c1215136]: S. 14(1)(b) modified (N.I.) (25.8.1996) by 1996 c. 22, ss. 17, 62(1) (with s. 62(2)) (which 1996 Act is repealed (N.I.) as from the end of 24.8.2000 by 1996 c. 22, s. 62(10) (as substituted by 1998 c. 9, s. 1(3)))

[^c1215139]: 1975 c. 21.

[^c1215140]: S. 15(7)(b) substituted by S.I. 1989/1341 (N.I. 12), art. 90(1), Sch. 6 para. 18

[^c1215141]: 1968 c. 34. (N.I.).

[^c1215142]: 1984 c. 60.

[^c1215163]: S. 16: power previously exercised by S.I. 1990/1579

[^c1215164]: S. 16(2) applied (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3, Pt. I, para. 3(4)(Foreign Office Library)

[^c1215165]: S. 16(3): power exercised (21.11.1991) by S.I. 1991/2649.

[^c1215193]: S. 17 applied (1.8.1994) by S.I. 1994/1758, reg. 3

[^c1215194]: Words in s. 17(1)(a)(ii) substituted (1.4.1994) by 1993 c. 36, s. 50(2); S.I. 1994/700, arts. 2, 3, Sch.

[^c1215195]: Words in s. 17(1)(a)(ii) substituted (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(3), Sch. 7 para. 5(3)(a)

[^c1215197]: Words in s. 17(1)(a)(iii) substituted (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(3), Sch. 7 para. 5(3)(b)

[^c1215198]: S. 17(1)(b): it is provided (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(3), Sch. 7 para 5(3)(c) that for "section 21(4) of that Act" in s. 17(1)(a) there shall be substituted "section 28(3) of that Act"; and same words in s. 17(1)(b) substituted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 63(2); S.I. 1995/127, art. 2(1), Sch. 1 Appendix B

[^c1215199]: S. 17(2)(2A)-(2E) substituted (1.4.1994) for subsection (2) by 1993 c. 36, s. 50(3); S.I. 1994/700, arts. 2, 3, Sch.

[^c1215200]: Words in s. 17(3) inserted (1.4.1994) by 1993 c. 36, s. 50(4); S.I. 1994/700, arts. 2, 3, Sch.

[^c1215201]: S. 17(3A) added (1.4.1994) by 1993 c. 36, s. 50(5); S.I. 1994/700, arts. 2, 3, Sch.

[^c1215202]: Words in s. 17(4) substituted (1.4.1994) by 1993 c. 36, s. 50(6); S.I. 1994/700, arts. 2, 3, Sch.

[^c1215203]: S. 17(4A) inserted (1.4.1994) by 1993 c. 36, s. 50(7); S.I. 1994/700, arts. 2, 3, Sch.

[^c1215204]: Words in s. 17(5) inserted (1.4.1994) by 1993 c. 36, s. 50(8); S.I. 1994/700, arts. 2, 3, Sch.

[^c1215205]: S. 17(6) added (1.4.1994) by 1993 c. 36, s. 50(9); S.I. 1994/700, arts. 2, 3 Sch.

[^c1215221]: S. 18 restricted (27.2.1997) by 1997 c. 7, s. 4(1), Sch. para. 9(b) (with s. 11(2)) S. 18 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

[^c1215224]: Words in s. 19(1) substituted (1.4.1994) by 1993 c. 36, s. 79(13), Sch. 5 Pt. I para.15; S.I. 1994/700, arts. 2, 3, Sch.

[^c1215239]: Definition of 'Concessionaires' in s. 21(1) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt.I(Foreign Office Library)

[^c1215240]: 1971 c. 61.

[^c1215241]: Definition of 'the tunnel system' in s. 21(1) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I(Foreign Office Library)

[^c1215242]: 1971 c. 77.