Prevention of Terrorism (Temporary Provisions) Act 1974

JurisdictionUK Non-devolved
Citation1974 c. 56


Prevention of Terrorism(Temporary Provisions)Act 1974

1974 CHAPTER 56

An Act to proscribe organisations concerned in terrorism, and to give power to exclude certain persons from Great Britain or the United Kingdom in order to prevent acts of terrorism, and for connected purposes.

[29th November 1974]

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:—

I Proscribed Organisations

Part I

Proscribed Organisations

S-1 Proscribed organisations.

1 Proscribed organisations.

(1) Subject to subsection (6) below, if any person—

(a ) belongs or professes to belong to a proscribed organisation;

(b ) solicits or invites financial or other support for a proscribed organisation, or knowingly makes or receives any contribution in money or otherwise to the resources of a proscribed organisation; or

(c ) arranges or assists in the arrangement or management of, or addresses, any meeting of three or more persons (whether or not it is a meeting to which the public are admitted) knowing that the meeting is to support, or to further the activities of, a proscribed organisation, or is to be addressed by a person belonging or professing to belong to a proscribed organisation,

he shall be liable—

(i) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding 400, or both, and

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

(2) Any organisation for the time being specified in Schedule 1 to this Act is a proscribed organisation for the purposes of this Act; and any organisation which passes under a name mentioned in that Schedule shall be treated as proscribed, whatever relationship (if any) it has to any other organisation of the same name.

(3) The Secretary of State may by order add to Schedule 1 to this Act any organisation that appears to him to be concerned in terrorism occurring in the United Kingdom and connected with Northern Irish affairs, or in promoting or encouraging it.

(4) The Secretary of State may also by order remove an organisation from Schedule 1 to this Act.

(5) In this section ‘organisation’ includes an association or combination of persons.

(6) A person belonging to a proscribed organisation shall not be guilty of an offence under this section by reason of belonging to the organisation if he shows that he became a member when it was not a proscribed organisation and that he has not since then taken part in any of its activities at any time while it was a proscribed organisation.

In this subsection the reference to a person becoming a member of an organisation shall be taken to be a reference to the only or last occasion on which he became a member.

(7) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any money or other property which, at the time of the offence, he had in his possession or under his control for the use or benefit of the proscribed organisation.

S-2 Display of support in public for a proscribed organisation.

2 Display of support in public for a proscribed organisation.

2.—Any person who in a public place—

a ) wears any item of dress, or
b ) wears, carries or displays any article

in such a way or in such circumstances as to arouse reasonable apprehension that he is a member or supporter of a proscribed organisation, shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding 200, or both.

(2) A constable may arrest without warrant a person whom he reasonably suspects to be a person guilty of an offence under this section.

(3) In this section ‘public place’ includes any highway and any other premises or place to which at the material time the public have, or are permitted to have, access whether on payment or otherwise.

II Exclusion Orders

Part II

Exclusion Orders

S-3 Orders to prevent terrorism.

3 Orders to prevent terrorism.

(1) The Secretary of State may exercise the powers conferred on him by this Part of this Act in such way as appears to him expedient to prevent acts of terrorism (whether in Great Britain or elsewhere) designed to influence public opinion or Government policy with respect to affairs in Northern Ireland.

(2) In deciding whether to exercise his powers under this section in relation to a person who is ordinarily resident in Great Britain, the Secretary of State shall have regard to the question whether that person's connection with any territory outside Great Britain is such as to make it appropriate that an order should be made against him under this section.

(3) If the Secretary of State is satisfied that—

(a ) any person (whether in Great Britain or elsewhere) is concerned in the commission, preparation or instigation of acts of terrorism, or

(b ) any person is attempting or may attempt to enter Great Britain with a view to being concerned in the commission, preparation or instigation of acts of terrorism,

the Secretary of State may make an order against that person prohibiting him from being in, or entering, Great Britain.

(4) An order shall not be made under this section against a person who is a citizen of the United Kingdom and Colonies and who—

(a ) is at the time ordinarily resident in Great Britain, and has then been ordinarily resident in Great Britain throughout the last 20 years, or

(b ) was born in Great Britain and has, throughout his life, been ordinarily resident in Great Britain.

Paragraph (a ) shall be construed in accordance with Schedule 2 to this Act.

(5) When any question arises under this Act whether or not a person is exempted by subsection (4) above, it shall lie on the person asserting it to prove that he is.

(6) An order made under the preceding provisions of this section is referred to in this Act as an ‘exclusion order’.

(7) An exclusion order may be revoked at any time by a further order made by the Secretary of State.

(8) If—

(a ) a person subject to an exclusion order fails to comply with the order at a time after he has been served with notice of the making of the order, or

(b ) a person is knowingly concerned in arrangements for securing or facilitating the entry into Great Britain of a person whom he knows, or has reasonable cause to believe, to be a person subject to an exclusion order, or

(c ) a person knowingly harbours a person whom he knows, or has reasonable cause to believe, to be a person subject to an exclusion order,

he shall be liable—

(i) on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding 400, or both, and

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

S-4 Right to make representations to Secretary of State.

4 Right to make representations to Secretary of State.

(1) As soon as may be after the making of an exclusion order, notice of the making of the order shall be served on the person against whom it is made, and the notice shall—

(a ) set out the rights of representation afforded to him by this section, and

(b ) specify the manner in which those representations are to be made.

(2) Subsection (1) above shall not impose an obligation to take any steps to serve a notice on a person at a time when he is outside Great Britain.

(3) If the person served with notice objects to the order, he may within 48 hours of service of the notice make representations in writing to the Secretary of State setting out the grounds of his objection.

(4) Where representations are duly made under this section, the Secretary of State shall, unless he considers the grounds to be frivolous, refer the matter for the advice of one or more persons nominated by him.

(5) After receiving the objection and the report of the person or persons so nominated, the Secretary of State shall, as soon as may be, reconsider the case.

(6) Where representations are duly made under this section the Secretary of State shall, if it is reasonably practicable, notify the person against whom the order was made of any decision he takes as to whether or not to revoke the order.

S-5 Powers of removal.

5 Powers of removal.

5. Where any person is subject to an exclusion order and notice of the order has been served on him, the Secretary of State may have that person removed from Great Britain if—

a ) he consents, or
b ) no representations have been duly made by him under section 4 above, or
c ) where such representations have been duly made by him, he has been notified of the Secretary of State's decision not to revoke the order
S-6 Exclusion orders against persons who are not citizens of the United Kingdom and Colonies.

6 Exclusion orders against persons who are not citizens of the United Kingdom and Colonies.

(1) Where an exclusion order is made against a person who is not a citizen of the United Kingdom and Colonies it shall be an order prohibiting that person from being in, or entering, the United Kingdom.

(2) In relation to a person who is not a citizen of the United Kingdom and Colonies—

(a ) the last reference to Great Britain in section 3(2) and (3) above, and the reference to Great Britain in section 5 above, shall be construed as references to the United Kingdom, and

(b ) the reference in section 3(8)(b ) above to Great Britain shall be construed as including a reference to Northern Ireland,

but this subsection has effect subject to any order under the following provisions of this section.

(3) The Secretary of State may by order provide that, in relation to a person who is not a citizen of the United Kingdom and Colonies, the provisions of sections 3, 4 and 5...

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