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The Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1989

S.I. 1989/1501 · Made 16 August 1989

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Order made by the Secretary of State, laid before Parliament under section 32(4) of the Northern Ireland (Emergency Provisions) Act 1978, for approval by resolution of each House of Parliament within forty days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

NORTHERN IRELAND

Made 16th August 1989

Laid before Parliament 23rd August 1989

Coming into force 24th August 1989

Whereas, under section 30(3) of the Northern Ireland (Emergency Provisions) Act 1978f1, the Secretary of State may by order amend Parts I and II of Schedule 4 to that Act (whether by adding an offence to, or removing an offence from, either of those Parts, or otherwise):

And whereas it appears to me that by reason of urgency it is necessary to make this Order without a draft thereof having been approved by a resolution of each House of Parliament:

Now, therefore, in exercise of the powers conferred upon me by section 30(3) of the said Act of 1978 I hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1978 c. 5.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1989 and shall come into force on 24th August 1989.

2

Part I of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 (scheduled offences for the purposes of the Act) shall be amended as follows:

(a)

after paragraph 12, there shall be inserted the following paragraph—

“12A

Offences under section 20 of that Act (blackmail), subject to notes 2 and 2A below”;

(b)

in note 2, in paragraph (cc), the words “(subject to note 5 below)” shall be omitted; and

(c)

after note 2, there shall be inserted—

“2A

On the coming into force of the amendments of this Schedule made by section 4(3) of the Nuclear Material (Offences) Act 1983—

(a)

paragraph 12A shall cease to have effect; and

(b)

in paragraph (cc) of note 2, after “1969” there shall be inserted the words “(subject to note 5 below)”.”.

Signature

Northern Ireland Office

P. L. Brooke

One of Her Majesty’s Principal Secretaries of State

16th August 1989

Explanatory note

(This note is not part of the Order)

This Order adds to the list of scheduled offences in Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 (which are not to be treated as scheduled offences if the Attorney General for Northern Ireland so certifies in any particular case) the offence of blackmail. The Order comes into force on 24th August 1989.

(Blackmail, but only where nuclear material is involved, was added to the list of scheduled offences by section 4(3) of the Nuclear Material (Offences) Act 1983 (c. 18); however, this provision has not been brought into force and the further amendments to Schedule 4 to the 1978 Act made by paragraph 8 of Schedule 1 to the Northern Ireland (Emergency Provisions) Act 1987 (c. 30) (the purpose of which is to remove that restriction, but which are dependent upon the amendments made by the 1983 Act being in force) are in consequence without practical effect.)