Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996) (Version in vigour from 1996-08-25 to )

Consolidated Text

As Enacted

Cited authorities 144

Cited in

Currency	No known outstanding effects
Coming into Force	25 August 1996

Contenidos

Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996)
Part I: Scheduled Offences

The scheduled offences

1: The scheduled offences.

Preliminary inquiries, bail and young persons in custody

2: Preliminary inquiry into scheduled offences.
3: Limitation of power to grant bail in case of scheduled offences.
4: Legal aid to applicants for bail in case of scheduled offences.
5: Maximum period of remand in custody in case of scheduled offences.
6: Holding in custody of young persons charged with scheduled offences.
7: Directions under s. 6.

Time limits on preliminary proceedings

8: Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences.

Court and mode of trial

9: Court for trial of scheduled offences.
10: Mode of trial on indictment of scheduled offences.

Evidence and onus of proof

11: Admissions by persons charged with scheduled offences.
12: Onus of proof in relation to offences of possession.

Treatment of offenders

13: Treatment of young persons convicted of scheduled offences.
14: Restricted remission for persons sentenced for scheduled offences.
15: Conviction of scheduled offence during period of remission.

Part II: Powers of Arrest, Search and Seizure, etc.

16: Entry and search of premises for purpose of arresting terrorists.
17: Constables’ general power of arrest and seizure.

18: Powers of arrest and seizure by members of Her Majesty’s forces.

19: Power to search for munitions, radio transmitters and scanning receivers.

20: Powers of explosives inspectors.

21: Entry to search for persons unlawfully detained.

22: Examination of documents.

23: Power to stop and question.

24: General powers of entry and interference with rights of property and with highways.

25: Power of Secretary of State to direct the closure, etc. of roads.

26: Supplementary provisions.

Part III: Offences against Public Security and Public Order

27: Directing terrorist organisation.
28: Proscribed organisations.

29: Display of support in public for a proscribed organisation.: Any person who in a public place—

30: Possession of items intended for terrorist purposes.

31: Unlawful collection, etc. of information.

32: Training in making or use of firearms, explosives or explosive substances.

33: Wearing of hoods, etc. in public places.: Any person who, without lawful authority or reasonable excuse (the proof of which lies on him), wears in a public place or in the curtilage of a dwelling-house (other than one in which he is residing) any hood, mask or other article whatsoever made, adapted or used for concealing the identity or features is guilty of an offence and liable—

Part IV: Detention Orders

34: Detention orders.

Part V: Regulation of the Provision of Private Security Services

35: Prohibition on provision of security services without a certificate.

36: Applications for certificates.

37: Issue, duration and revocation of certificates.

38: Duty to notify Secretary of State of changes of personnel.

39: Records of employees.

40: Payments in respect of the provision of security services.

41: Liability of directors, etc.

42: Notifications.

Part VI: Persons in Police Custody under Terrorism Provisions

43: The terrorism provisions and police custody.

44: Right to have someone informed of detention under terrorism provisions.

45: Right of access to legal advice.

46: Fingerprinting.

Part VII: Confiscation of Proceeds of Terrorist-Related Activities

47: Confiscation orders.

48: Provisions supplementary to section 47.

48A: Re-assessment of whether defendant has benefited.

48B: Revised assessments.

49: Relevant offences.

50: Realisable property, value and gifts.

51: Assumptions as to benefit and value of proceeds.

52: Statements, etc., relevant to making confiscation orders.

52A: Provision of information by defendant.

52B: Powers of High Court where defendant has died or absconded.

53: Assisting another to retain proceeds of terrorist-related activities.

54: Concealing or transferring proceeds of terrorist-related activities.

54A: Failure to disclose knowledge or suspicion of offences under sections 53 and 54.

55: Enforcement and supplementary provisions.
55A: Extension of certain offences to Crown servants and exemptions for regulators etc.

56: Interpretation of confiscation provisions.

Part VIII: Miscellaneous

57: Additional investigation powers.

58: Supplementary regulations for preserving the peace, etc.

59: Explosives factories, magazines and stores.

60: Independent Assessor of Military Complaints Procedures in Northern Ireland.

61: Codes of practice: police powers.

62: Codes of practice: members of Her Majesty’s forces.

63: Right to compensation.

64: Compensation: notices.: Any notice required by section 63 above to be served on any person by the Secretary of State may—

Part IX: Supplementary

65: Restriction of prosecutions.
66: General interpretation.
67: Orders and regulations.

68: Expenses.
69: Commencement, duration, expiry and revival of provisions of this Act.

70: Savings, amendments and repeals.

71: Short title and extent.

SCHEDULES

SCHEDULE 1 Section 1.
The Scheduled Offences

Part I: Substantive Offences

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Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996) (Version in vigour from 1996-08-25 to )

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