Prevention of Terrorism (Temporary Provisions) Act 1989

JurisdictionUK Non-devolved
Citation1989 c. 4


Prevention of Terrorism(Temporary Provisions)Act 1989

1989 CHAPTER 4

An Act to make provision in place of the Prevention of Terrorism (Temporary Provisions) Act 1984; to make further provision in relation to powers of search under, and persons convicted of scheduled offences within the meaning of, the Northern Ireland (Emergency Provisions) Act 1978; and to enable the Secretary of State to prevent the establishment of new explosives factories, magazines and stores in Northern Ireland.

[15th March 1989]

B e 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) 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.

(2) The Secretary of State may by order made by statutory instrument—

(a) add to Schedule 1 to this Act any organisation that appears to him to be concerned in, or in promoting or encouraging, terrorism occurring in the United Kingdom and connected with the affairs of Northern Ireland;

(b) remove an organisation from that Schedule.

(3) No order shall be made under this section unless—

(a) a draft of the order has been laid before and approved by a resolution of each House of Parliament; or

(b) it is declared in the order that it appears to the Secretary of State that by reason of urgency it is necessary to make the order without a draft having been so approved.

(4) An order under this section of which a draft has not been approved under subsection (3) above—

(a) shall be laid before Parliament; and

(b) shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, the order has been approved by a resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

(5) In reckoning for the purposes of subsection (4) above any period of forty days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(6) In this section ‘organisation’ includes any association or combination of persons.

S-2 Membership, support and meetings.

2 Membership, support and meetings.

(1) Subject to subsection (3) below, a person is guilty of an offence if he—

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

(b) solicits or invites support for a proscribed organisation other than support with money or other property; 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—

(i) to support a proscribed organisation;

(ii) to further the activities of such an organisation; or

(iii) to be addressed by a person belonging or professing to belong to such an organisation.

(2) A person guilty of an offence under subsection (1) above 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.

(3) A person belonging to a proscribed organisation is not guilty of an offence under this section by reason of belonging to the organisation if he shows—

(a) that he became a member when it was not a proscribed organisation under the current legislation; and

(b) that he has not since he became a member taken part in any of its activities at any time while it was a proscribed organisation under that legislation.

(4) In subsection (3) above ‘the current legislation’, in relation to any time, means whichever of the following was in force at that time—

(a) the Prevention of Terrorism (Temporary Provisions) Act 1974 ;

(b) the Prevention of Terrorism (Temporary Provisions) Act 1976 ;

(c) the Prevention of Terrorism (Temporary Provisions) Act 1984 ; or

(d) this Act.

(5) The reference in subsection (3) above to a person becoming a member of an organisation is a reference to the only or last occasion on which he became a member.

S-3 Display of support in public.

3 Display of support in public.

(1) 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, 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.

(2) In Scotland a constable may arrest without warrant anyone whom he has reasonable grounds to suspect of being a person guilty of an offence under this section.

(3) In this section ‘public place’ includes any highway or, in Scotland, any road within the meaning of the Roads (Scotland) Act 1984 and any premises 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-4 Exclusion orders: general.

4 Exclusion orders: general.

(1) The Secretary of State may exercise the powers conferred on him by this Part of this Act in such a way as appears to him expedient to prevent acts of terrorism to which this Part of this Act applies.

(2) The acts of terrorism to which this Part of this Act applies are acts of terrorism connected with the affairs of Northern Ireland.

(3) An order under section 5, 6 or 7 below is referred to in this Act as an ‘exclusion order’.

(4) Schedule 2 to this Act shall have effect with respect to the duration of exclusion orders, the giving of notices, the right to make representations, powers of removal and detention and other supplementary matters for this Part of this Act.

(5) The exercise of the detention powers conferred by that Schedule shall be subject to supervision in accordance with Schedule 3 to this Act.

S-5 Orders excluding persons from Great Britain.

5 Orders excluding persons from Great Britain.

(1) If the Secretary of State is satisfied that any person—

(a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

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

the Secretary of State may make an exclusion order against him.

(2) An exclusion order under this section is an order prohibiting a person from being in, or entering, Great Britain.

(3) In deciding whether to make an exclusion order under this section against 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 country or territory outside Great Britain is such as to make it appropriate that such an order should be made.

(4) An exclusion order shall not be made under this section against a person who is a British citizen and who—

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

(b) is at the time subject to an order under section 6 below.

S-6 Orders excluding persons from Northern Ireland.

6 Orders excluding persons from Northern Ireland.

(1) If the Secretary of State is satisfied that any person—

(a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

(b) is attempting or may attempt to enter Northern Ireland with a view to being concerned in the commission, preparation or instigation of such acts of terrorism,

the Secretary of State may make an exclusion order against him.

(2) An exclusion order under this section is an order prohibiting a person from being in, or entering, Northern Ireland.

(3) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in Northern Ireland, the Secretary of State shall have regard to the question whether that person's connection with any country or territory outside Northern Ireland is such as to make it appropriate that such an order should be made.

(4) An exclusion order shall not be made under this section against a person who is a British citizen and who—

(a) is at the time ordinarily resident in Northern Ireland and has then been ordinarily resident in Northern Ireland throughout the last three years; or

(b) is at the time subject to an order under section 5 above.

S-7 Orders excluding persons from the United Kingdom.

7 Orders excluding persons from the United Kingdom.

(1) If the Secretary of State is satisfied that any person—

(a) is or has been concerned in the commission, preparation or instigation of...

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