Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996)

• (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.

Realisation of property

10

• (1) Where—

• (a) a confiscation order is made;

• (b) the order is not subject to appeal; and

• (c) the proceedings in which it was made have not been concluded,

the High Court may, on an application by the prosecution, exercise the powers conferred by sub-paragraphs (2) to (6) below.

• (2) The court may appoint a receiver in respect of realisable property.

• (3) The court may empower a receiver appointed under sub-paragraph (2) above, under paragraph 5 above or in pursuance of a charging order—

• (a) to enforce any charge imposed under paragraph 6 above on realisable property or on interest or dividends payable in respect of such property; and

• (b) in relation to any realisable property other than property for the time being subject to a charge under that paragraph, to take possession of the property subject to such conditions or exceptions as may be specified by the court.

• (4) The court may order any person having possession of realisable property to give possession of it to any such receiver.

• (5) The court may empower any such receiver to realise any realisable property in such manner (including the manner of conveyance or transfer of property which is land) as the court may direct.

• (6) The court may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by Part VII of this Act as the court may direct and the court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.

• (7) Sub-paragraphs (4) to (6) above do not apply to property for the time being subject to a charge under paragraph 6 above.

• (8) The High Court shall not in respect of any property exercise the powers conferred by sub-paragraph (3)(a), (5) or (6) above unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court.

Increase in realisable property

11

• (1) Where—

• (a) by virtue of section 47(7) of this Act the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of terrorist-related activities; and

• (b) the High Court is satisfied, on an application made in accordance with sub-paragraph (2) below, that the amount that might be realised in the case of that person is greater than the amount taken into account in making the confiscation order (whether it is greater than was thought when the order was made or has subsequently increased),

the court shall issue a certificate to that effect, giving the court’s reasons.

• (2) An application under sub-paragraph (1) above may be made either by the prosecution or by a receiver appointed under this Schedule in relation to the realisable property of the person mentioned in that sub-paragraph.

• (3) Where a certificate has been issued under sub-paragraph (1) above the prosecution may apply to the Crown Court for the amount to be paid under the confiscation order to be increased.

• (4) The Crown Court may on an application under sub-paragraph (3) above—

• (a) substitute for the amount to be paid under the order such amount (not exceeding the amount assessed as the value of the proceeds of terrorist-related activities) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and

• (b) increase the term of imprisonment or detention fixed in respect of the order under subsection (1)(c) of section 35 of the Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) if the effect of the substitution under paragraph (a) above is to increase the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above.

Application of proceeds of realisation and other sums

12

• (1) Subject to sub-paragraph (2) below, the following sums in the hands of a receiver appointed under this Part or in pursuance of a charging order, that is—

• (a) the proceeds of the enforcement of any charge imposed under paragraph 6 above;

• (b) the proceeds of the realisation, other than by the enforcement of such a charge, of any property under paragraph 5 or 10 above; and

• (c) any other sums, being property held by the defendant,

shall first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under paragraph 18(2) below and then shall, after such payments (if any) as the High Court may direct have been made out of those proceeds and sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order.

• (2) If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of such a receiver, the receiver shall distribute them—

• (a) among such of those who held property which has been realised under this Schedule; and

• (b) in such proportions,

as the High Court may direct after giving a reasonable opportunity for such persons to make representations to the court.

• (3) The receipt of any sum by the proper officer on account of an amount payable under a confiscation order shall reduce the amount so payable, but the proper officer shall apply the money received for the purposes, and in the order, specified in this paragraph.

• (4) The proper officer shall first pay any expenses incurred by a person acting as an insolvency practitioner and payable under paragraph 18(2) below but not already paid under sub-paragraph (1) above.

• (5) If the money was paid to the proper officer by a receiver appointed under this Schedule or in pursuance of a charging order, the proper officer shall next pay the receiver’s remuneration and expenses.

• (6) After making—

• (a) any payment required by sub-paragraph (4) above; and

• (b) in a case to which sub-paragraph (5) above applies, any payment required by that sub-paragraph,

the proper officer shall reimburse any amount paid under paragraph 14(2) below.

• (7) The proper officer shall finally pay any compensation directed to be paid out of any sums recovered under the confiscation order under section 48(7) of this Act.

• (8) Any balance in the hands of the proper officer after he has made all payments required by the foregoing provisions of this paragraph shall be treated as a fine for the purposes of section 20 of the Administration of Justice Act (Northern Ireland) 1954 (application of fines).

• (9) Where under sub-paragraph (3) above a sum falls to be applied in payment both of compensation and of other outgoings—

• (a) the person entitled to the compensation shall be liable to pay into the Consolidated Fund of the United Kingdom such an amount as bears to the remuneration or expenses the same proportion as the amount payable in accordance with the direction mentioned in sub-paragraph (7) above bears to the total amount payable under the confiscation order;

• (b) the proper officer shall deduct from the amount falling to be applied in payment of the compensation an amount equal to the amount of any liability arising by virtue of paragraph (a) above;

• (c) notwithstanding the deduction under paragraph (b) above, the person entitled to compensation shall be treated as having received the whole of the amount which falls to be applied in payment of it; and

• (d) the amount deducted shall be treated as a fine for the purposes of section 20 of the Administration of Justice Act (Northern Ireland) 1954.

• (10) In this paragraph “the proper officer” means the appropriate officer of the Crown Court.

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

13

• (1) This paragraph applies to the powers conferred on the High Court and the Secretary of State by paragraphs 5 to 10 and 12 above, or on a receiver appointed under this Schedule or in pursuance of a charging order.

• (2) Subject to the following provisions of this paragraph, the powers shall be exercised with a view to making available for satisfying the confiscation order or, as the case may be, any confiscation order that may be made in the defendant’s case the value for the time being of realisable property held by any person by the realisation of such property.

• (3) In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by Part VII of this Act the powers shall be exercised with a view to realising no more than the value for the time being of the gift.

• (4) The powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.

• (5) An order may be made or other action taken in respect of a debt owed by the Crown (including the Crown in right of Her Majesty’s Government in Northern Ireland).

• (6) In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the confiscation order.

Receivers: supplementary provisions

14

• (1) Where a receiver appointed under this Schedule or in pursuance of a charging order takes any action—

• (a) in relation to any property which is not realisable property, being action which he would be entitled to take if it were such property;

• (b) believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property,

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

• (2) Any amount due in respect of the remuneration and expenses of a receiver so appointed shall, if no sum is available to be applied in payment of it under paragraph 12(5) above, be paid by the prosecution or, in a case where proceedings for a relevant offence are not instituted, by the person on whose application the receiver was appointed.

Variation of confiscation orders

15

• (1) If, on an application by the defendant in respect of a confiscation order, the High Court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be paid under the order the court shall issue a certificate to that effect, giving the court’s reasons.

• (2) For the purposes of sub-paragraph (1) above—

• (a) in the case of realisable property held by a person who has been adjudged bankrupt the court shall take into account the extent to which any property held by him may be distributed among creditors; and

• (b) the court may disregard any inadequacy in the realisable property which appears to the court to be attributable wholly or partly to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made a gift caught by Part VII of this Act from any risk of realisation under this Schedule.

• (3) Where a certificate has been issued under sub-paragraph (1) above, the defendant may apply to the Crown Court for the amount to be paid under the confiscation order to be reduced.

• (4) The Crown Court shall, on an application under sub-paragraph (3) above—

• (a) substitute for the amount to be paid under the order such lesser amount as the court thinks just in all the circumstances of the case; and

• (b) substitute for the term of imprisonment or detention fixed in respect of the order under subsection (1)(c) of section 35 of the Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) a shorter term if the effect of the substitution under paragraph (a) above is to reduce the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above.

Bankruptcy of defendant

16

• (1) Where a person who holds realisable property is adjudged bankrupt—

• (a) property for the time being subject to a restraint order made before the order adjudging him bankrupt; and

• (b) any proceeds of property realised by virtue of paragraph 5(8) or 10(5) or (6) above for the time being in the hands of a receiver appointed under paragraph 5 or 10 above,

is excluded from the bankrupt’s estate for the purposes of Part IX of the Insolvency (Northern Ireland) Order 1989.

• (2) Where a person has been adjudged bankrupt, the powers conferred on the High Court and the Secretary of State by paragraphs 5 to 10 and 12 above or on a receiver so appointed shall not be exercised in relation to—

• (a) property for the time being comprised in the bankrupt’s estate for the purposes of that Part of the said Order of 1989;

• (b) property in respect of which his trustee in bankruptcy may (without leave of the High Court) serve a notice under Article 280 or 281 of that Order (after-acquired property and tools, clothes, etc. exceeding value of reasonable replacement); and

• (c) property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under Article 254(2)(c) of that Order.

• (3) Nothing in that Order shall be taken as restricting, or enabling the restriction of, the exercise of those powers.

• (4) Sub-paragraph (2) above does not affect the enforcement of a charging order—

• (a) made before the order adjudging the person bankrupt; or

• (b) on property which was subject to a restraint order when the order adjudging him bankrupt was made.

• (5) Where, in the case of a debtor, an interim receiver stands appointed under Article 259 of the said Order of 1989 and any property of the debtor is subject to a restraint order, the powers conferred on the receiver by virtue of that Order do not apply to property for the time being subject to the restraint order.

• (6) Where a person is adjudged bankrupt and has directly or indirectly made a gift caught by Part VII of this Act—

• (a) no order shall be made under Article 312 or 367 of the said Order of 1989 (avoidance of certain transactions) in respect of the making of the gift at any time when proceedings for a relevant offence have been instituted against him and have not been concluded or when property of the person to whom the gift was made is subject to a restraint order or charging order; and

• (b) any order made under either of those Articles after the conclusion of the proceedings shall take into account any realisation under this Schedule of property held by the person to whom the gift was made.

Winding up of company holding realisable property

17

• (1) Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding up, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to—

• (a) property for the time being subject to a restraint order made before the relevant time; and

• (b) any proceeds of property realised by virtue of paragraph 5(8) or 10(5) or (6) above for the time being in the hands of a receiver appointed under paragraph 5 or 10 above.

• (2) Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the High Court and the Secretary of State by paragraphs 5 to 10 and 12 above or on a receiver so appointed shall not be exercised in relation to any realisable property held by the company in relation to which the functions of the liquidator are exercisable—

• (a) so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or

• (b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.

• (3) Nothing in the Insolvency (Northern Ireland) Order 1989 shall be taken as restricting, or enabling the restriction of, the exercise of those powers.

• (4) Sub-paragraph (2) above does not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time.

• (5) In this paragraph—

• “company” means any company which may be wound up under the Insolvency (Northern Ireland) Order 1989; and

• “the relevant time” means— where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up; where such an order has been made and, before the presentation of the petition for the winding up of the company by the High Court, such a resolution had been passed by the company, the time of the passing of the resolution; and in any other case where such an order has been made, the time of the making of the order.

Insolvency practitioners dealing with property subject to restraint order

18

• (1) Without prejudice to the generality of the Insolvency (Northern Ireland) Order 1989 or any other statutory provision, where—

• (a) any person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions are not exercisable because it is for the time being subject to a restraint order; and

• (b) at the time of the seizure or disposal he believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the High Court or otherwise) to seize or dispose of that property,

he shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence in so acting; and a person so acting shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his acting in connection with those proceedings.

• (2) Any person who, acting as an insolvency practitioner, incurs expenses—

• (a) in respect of such property as is mentioned in paragraph (a) of sub-paragraph (1) above and in so doing does not know and has no reasonable grounds to believe that the property is for the time being subject to a restraint order; or

• (b) other than in respect of such property as is so mentioned, being expenses which, but for the effect of a restraint order, might have been met by taking possession of and realising the property,

shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under that paragraph) to payment of those expenses under paragraph 12(1) or (4) above.

Enforcement of orders outside Northern Ireland

19

• (1) Her Majesty may by Order in Council make provision for the enforcement of confiscation orders and restraint orders—

• (a) in England, Wales and Scotland; and

• (b) in any of the Channel Islands or the Isle of Man.

• (2) An Order under this paragraph may apply or modify any of the provisions of this Schedule so far as appears to Her Majesty to be appropriate for the purposes of the Order.

Compensation

20

• (1) If proceedings are instituted against a person for a relevant offence or relevant offences and either—

• (a) the proceedings do not result in his conviction for any such offence; or

• (b) where he is convicted of one or more such offences—

• (i) the conviction or convictions concerned are quashed; or

• (ii) he is pardoned by Her Majesty in respect of the conviction or convictions concerned,

the High Court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

• (2) The High Court shall not order compensation to be paid in any case unless the court is satisfied—

• (a) that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned, being a person mentioned in sub-paragraph (5) below; and

• (b) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order under this Schedule or Part VII of this Act.

• (3) The High Court shall not order compensation to be paid in any case where it appears to the court that the proceedings would have been instituted or continued even if the serious default had not occurred.

• (4) The amount of compensation to be paid under this paragraph shall be such as the High Court thinks just in all the circumstances of the case.

• (5) Compensation payable under this paragraph shall be paid—

• (a) where the person in default was or was acting as a member of the Royal Ulster Constabulary or as a person authorised under section 57 of this Act, by the Police Authority for Northern Ireland;

• (b) where the person in default was a member of the Office of the Director of Public Prosecutions for Northern Ireland, by the Director of Public Prosecutions for Northern Ireland.

Transitional provisions

21

• (1) In the case of a confiscation order made before the coming into operation of the Insolvency (Northern Ireland) Order 1989, section 50(4) of this Act shall have effect as if for paragraph (b) there were substituted—

(b) pay any sum which, if the defendant had been adjudged bankrupt or was being wound up, would be among the preferential debts.

;and in that paragraph “the preferential debts”—

• (a) in relation to bankruptcy, means the debts to be paid in priority under Article 19 of the Bankruptcy Amendment (Northern Ireland) Order 1980 (assuming the date of the confiscation order to be the date of the order of adjudication); and

• (b) in relation to winding up, means the preferential debts listed in Schedule 18 to the Companies (Northern Ireland) Order 1986 (assuming the date of the confiscation order to be the relevant date for the purpose of that Schedule).

• (2) Until the coming into operation of the Insolvency (Northern Ireland) Order 1989, paragraphs 12(1) and (4) and 18 above shall have effect as if for references to an insolvency practitioner there were substituted references to an Official Assignee, trustee, liquidator, provisional liquidator or a receiver or manager appointed under section 68 of the Bankruptcy (Ireland) Amendment Act 1872.

• (3) In any case in which a petition in bankruptcy was presented, or an adjudication in bankruptcy was made, before the coming into operation of the Insolvency (Northern Ireland) Order 1989, paragraph 16 above shall have effect with the following modifications—

• (a) for references to the bankrupt’s estate for the purposes of Part IX of that Order there shall be substituted references to the property of the bankrupt for the purposes of the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

• (b) sub-paragraph (2)(b) shall be omitted;

• (c) for the reference in sub-paragraph (2)(c) to Article 254(2)(c) of that Order there shall be substituted a reference to Articles 28(4), (5)(c) and (11) and 30(6)(c) of the Bankruptcy Amendment (Northern Ireland) Order 1980;

• (d) for the reference in sub-paragraph (3) to that Order there shall be substituted a reference to the Bankruptcy Acts (Northern Ireland) 1857 to 1980;

• (e) for the reference in sub-paragraph (5) to an interim receiver appointed under Article 259 of that Order there shall be substituted a reference to a receiver or manager appointed under section 68 of the Bankruptcy (Ireland) Amendment Act 1872; and

• (f) for the references in sub-paragraph (6) to Articles 312 and 367 of that Order there shall be respectively substituted references to section 12 of the Bankruptcy Amendment Act (Northern Ireland) 1929 and paragraph 16 of the Conveyancing Act (Ireland) 1634.

• (4) In any case in which a winding up of a company has commenced, or is treated as having commenced, before the coming into operation of the Insolvency (Northern Ireland) Order 1989, paragraph 17 above shall have effect with the substitution for references to that Order of references to the Companies (Northern Ireland) Order 1986.

SCHEDULE 5

Preliminary

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.

Investigation powers

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 Criminal 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.

Search warrants

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.

Offences

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.

Admissibility of evidence

5

A 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.

Restriction on disclosure of information

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 Companies Act 1985 or Part XV of the Companies (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 Building Societies Act 1986;

• (f) a body administering a compensation scheme under section 54 of the Financial 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 Banking Act 1987 to carry out an investigation and make a report;

• (k) a person exercising powers by virtue of section 44(2) of the Insurance 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.

Code of practice

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 Army Act 1955, the Air Force Act 1955 or the Naval 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 Police and Criminal Evidence (Northern Ireland) Order 1989 or subsection (9) of section 67 of the Police 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.

SCHEDULE 6

Tenure of office

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.

Remuneration etc.

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.

Staff

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.

Reports

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.

Disqualification

5

In Part III of Schedule 1 to the Northern 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.

SCHEDULE 7

The Rehabilitation of Offenders (Northern Ireland) Order 1978

1

In Article 3(2)(a) of the Rehabilitation 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.

The Bankruptcy Amendment (Northern Ireland) Order 1980

2

Article 31 of the Bankruptcy 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.

The Fines and Penalties (Northern Ireland) Order 1984

3

In Article 17(2) of the Fines 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.

The Elected Authorities (Northern Ireland) Act 1989

4

• (1) The Elected 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”.

The Prevention of Terrorism (Temporary Provisions) Act 1989

5

• (1) The Prevention 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.

The Police and Criminal Evidence (Northern Ireland) Order 1989

6

• (1) The Police 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”.

The Insolvency (Northern Ireland) Order 1989

7

Article 255 of the Insolvency (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.

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

8

In Article 2(4)(b) of the Criminal 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”.

SCHEDULE 8

Part I — Enactments

Part II — Orders and Regulations