Terrorism (Northern Ireland) Act 2006
| Year | 2006 |
Terrorism (Northern Ireland) Act 2006
2006 Chapter 4
An Act to provide for Part 7 of the Terrorism Act 2000 to continue in force for a limited period after 18th February 2006 subject to modifications and to authorise the making of provision in connection with its ceasing to have effect; and for connected purposes.
[16th February 2006]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Continuance in force of Part 7 of the Terrorism Act 2000
(1) This section applies to the provisions of Part 7 of the Terrorism Act 2000 (c. 11)
(terrorism provisions applying to Northern Ireland), so far as they are in force on 18th February 2006 but with the exception (if in force on that date) of section 78 (sentencing of children convicted of scheduled offences).
(2) The provisions to which this section applies—
(a) shall continue in force after 18th February 2006; but
(b) so far as they have not previously ceased to have effect by virtue of an order under section 112(2) of that Act (and subject to subsection (3) of this section), shall cease to have effect as from the end of 31st July 2007.
(3) The Secretary of State may by order provide that any of those provisions which is in force shall continue in force after that date for a specified period ending before 1st August 2008.
(4) In section 112(2)(c) of that Act (revival of provisions), at the end insert ‘and ending before 1st August 2007’.
(5) In section 11(4)(a) of the Justice (Northern Ireland) Act 2004 (c. 4)
(expiry on 19th February 2006 of provisions relating to bail under section 67 of the Terrorism Act 2000), for ‘on 19th February 2006’ substitute ‘as from the end of 31st July 2007’.
(6) An order under subsection (3) may—
(a) amend section 112(2)(c) of the Terrorism Act 2000 (c. 11) of the Justice (Northern Ireland) Act 2004 (c. 4) by, in each case, substituting ‘2008’ for ‘2007’;
(b) make different provision for different purposes; and
(c) contain savings and make transitional or transitory provision.
(7) The power to make an order under subsection (3) is exercisable by statutory instrument.
(8) No order may be made under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.
(9) Paragraph 37 of Schedule 4 to the Terrorism Act 2000 (offence of contravening restraint order) shall be treated for the purposes of this section as forming part of Part 7 of that Act.
2 Repeal of provisions of Part 7
(1) Neither—
(a) the power under section 112(2)(c) of the Terrorism Act 2000 to bring into force provisions of Part 7 that are not in force, nor
(b) the power under section 1(3) of this Act to continue in force provisions of that Part,
shall apply to the provisions of that Act specified in subsection (2) of this section.
(2) Those provisions are—
(a) section 67(3) and (4) (discretion to admit to bail);
(b) sections 70 and 71 (remand in custody of young persons charged with scheduled offences);
(c) section 76 (admissions in trials on indictment);
(d) section 78 (sentencing of children convicted of scheduled offences);
(e) section 97 (port and border controls);
(f) section 100 (code of practice for video recording);
(g) paragraph 36 of Schedule 4 (power of Secretary of State to make restraint order); and
(h) paragraphs 19 to 21 of Schedule 5 (powers of Secretary to confer powers of search, to require information, etc.).
(3) For section 112(5) of that Act substitute—
‘(5) Paragraph 37 of Schedule 4 to this Act shall be treated for the purposes of this section as forming part of this Part of this Act.
’
3 Scheduled offences
(1) In Part 1 of Schedule 9 to the Terrorism Act 2000 (scheduled offences)—
(a) omit ‘subject to note 1 below’, wherever occurring, and in note 1 ‘which is stated to be subject to this note’ (which limit the listed offences that may be certified in particular cases as to be treated as if not scheduled);
(b) omit the words in note 2 after ‘1983’ (under which blackmail cannot be certified where it is committed by or in relation to nuclear material); and
(c) insert...
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