Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996) in Wales
1991 c. 24 · Enacted 27 June 1991 · Extends to United Kingdom
Annotations to the whole text
Textual amendments
- F1
Act repealed (25.8.1996) by 1996 c. 22, ss. 59, 62(1), 63(3)(7), Sch. 7 Pt. I
Contents
- Part VII: Confiscation of Proceeds of Terrorist-Related Activities
- 53Assisting another to retain proceeds of terrorist-related activities.
- 54Concealing or transferring proceeds of terrorist-related activities.
- 54AFailure to disclose knowledge or suspicion of offences under sections 53 and 54.
- 55Enforcement and supplementary provisions.
- 55AExtension of certain offences to Crown servants and exemptions for regulators etc.
- Part VIII: Miscellaneous
- 57Additional investigation powers.
- Part IX: Supplementary
- 65Restriction of prosecutions.
- 66General interpretation.
- 67Orders and regulations.
- 68Expenses.
- 69Commencement, duration, expiry and revival of provisions of this Act.
- 70Savings, amendments and repeals.
- 71Short title and extent.
- Schedule 4: Confiscation Orders: Supplementary Provisions
- Enforcement of orders outside Northern Ireland
- 19Paragraph 19
- Schedule 5: Authorised Investigators
- Preliminary
- 1Paragraph 1
- Investigation powers
- 2Paragraph 2
- Search warrants
- 3Paragraph 3
- Offences
- 4Paragraph 4
- Admissibility of evidence
- 5Paragraph 5
- Restriction on disclosure of information
- 6Paragraph 6
- Code of practice
- 7Paragraph 7
- Schedule 7: Consequential Amendments
- The Prevention of Terrorism (Temporary Provisions) Act 1989
- 5Paragraph 5
53Assisting another to retain proceeds of terrorist-related activities.C1
Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby—
the retention or control by or on behalf of another (referred to hereafter as “A”) of A’s proceeds of terrorist-related activities is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
A’s proceeds of such activities—
are used to secure that funds are placed at A’s disposal; or
are used for A’s benefit to acquire property by way of investment,
knowing or having reasonable cause to suspect that A is a person who engages in or has engaged in such activities or has benefited from such activities, he is guilty of an offence.
In this section references to any person’s proceeds of terrorist-related activities include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of such activities.
Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, then, if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if—
the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or
the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.
Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise.
In proceedings against a person for an offence under this section it is a defence to prove—
that he did not know or suspect that the arrangement related to any person’s proceeds of terrorist-related activities; or
that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1) above; or
that—
he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement, but
there is reasonable excuse for his failure to make disclosure in accordance with that subsection.
In the case of a person who was in employment at the relevant time, subsections (3), (3A) and (4)(c) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
54Concealing or transferring proceeds of terrorist-related activities.
A person is guilty of an offence if he—
conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of terrorist-related activities; or
converts or transfers that property or removes it from the jurisdiction,
for the purpose of avoiding prosecution for a relevant offence or the making or enforcement in his case of a confiscation order.
A person is guilty of an offence if, knowing or having reasonable cause to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities, he—
conceals or disguises that property; or
converts or transfers that property or removes it from the jurisdiction,
for the purpose of assisting any person to avoid prosecution for a relevant offence or the making or enforcement of a confiscation order.
A person is guilty of an offence if, knowing or having reasonable cause to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities, he acquires F1or uses that property or has possession of it.
It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.
In subsections (1)(a) and (2)(a) above the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
For the purposes of subsection (3A) above—
a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;
a person uses or has possession of any property for inadequate consideration if the value of the consideration is significantly less than the value of his possession or use of the property; and
the provision for any person of services or goods which are of assistance to him in terrorist-related activities shall not be treated as consideration.
Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities or any matter on which such a suspicion or belief is based—
the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and
if he does any act in contravention of subsection (3) above, he does not commit an offence under that subsection if—
the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or
the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.
For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.
In proceedings against a person for an offence under subsection (3) above, it is a defence to prove that—
he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5A) above; but
there is reasonable excuse for his failure to make a disclosure in accordance with paragraph (b) of that subsection.
In the case of a person who was in employment at the relevant time, subsections (5A) and (5C) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.
No constable or other person shall be guilty of an offence under subsection (3) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of such terrorism.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
54AFailure to disclose knowledge or suspicion of offences under sections 53 and 54.F1C1C2
A person is guilty of an offence if—
he knows, or suspects, that another person is acting in the proscribed manner,
the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and
he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.
Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.
It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
Where a person discloses to a constable—
his suspicion or belief that another person is acting in the proscribed manner, or
any information or other matter on which that suspicion or belief is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.
In this section “acting in the proscribed manner” means doing any act which constitutes an offence under section 53 or 54 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.
For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.
For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—
by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
by, or by a representative of, a person seeking legal advice from the adviser; or
by any person—
in contemplation of, or in connection with, legal proceedings; and
for the purpose of those proceedings.
No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.
55Enforcement and supplementary provisions.
Schedule 4 to this Act shall have effect with respect to the enforcement of confiscation orders and otherwise for supplementing the provisions of this Part of this Act.
55AExtension of certain offences to Crown servants and exemptions for regulators etc.F1
The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, F2sections 53, 54(2) to (6) and 54A above shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.
Section F354A of this Act shall not apply to—
any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or
in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.
The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.
The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.
In this section—
“the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and
“prescribed” means prescribed by regulations made by the Secretary of State.
The power to make regulations under this section shall be exercisable by statutory instrument.
Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
57Additional investigation powers.
If, on an application made in writing by an officer of the Royal Ulster Constabulary not below the rank of superintendent, it appears to the Secretary of State—
that an investigation to which this section applies is taking place; and
that the investigation could be more effectively carried out with the participation of a person who is not a constable and who is named in the application,
the Secretary of State may authorise that person to exercise for the purposes of the investigation the powers conferred by Schedule 5 to this Act.
Those powers shall be exercisable in Great Britain as well as in Northern Ireland and accordingly this section and that Schedule shall extend to the whole of the United Kingdom.
Where a person who has been authorised under subsection (1) above to exercise the powers there mentioned considers that any material may be relevant to the investigation in relation to which the authority was given, Schedule 7 to the M1Prevention of Terrorism (Temporary Provisions) Act 1989 (terrorist investigations) shall have effect in relation to the material as if—
the references to a constable in paragraphs 2(1), 3(1) and (2)(b), 5(1) and (3), 6(1), 12(2)(b), 14(3) and 15(1);
the first of the references to a constable in paragraph 3(6); and
the references to a procurator fiscal in paragraphs 12(1) and (6), 13(2), 14(1) and 15(1),
included references to that person; and where (by virtue of this subsection) such a person has made an application for an order under paragraph 3 of that Schedule, the reference in paragraph 4(2)(b) to the constable on whose application the order was made or any constable serving in the same police station shall be construed as referring to that person.
This section applies to any investigation by the Royal Ulster Constabulary into the existence of—
the resources of a proscribed organisation;
funds which may be applied or used for the commission of, or in furtherance of or in connection with, acts of terrorism connected with the affairs of Northern Ireland; or
the proceeds of the commission of such acts of terrorism or of activities engaged in in furtherance of or in connection with such acts.
Paragraph (a) of subsection (4) above includes any money or property which is or is to be applied or made available for the benefit of a proscribed organisation; and paragraph (c) of that subsection includes any property which in whole or in part directly or indirectly represents such proceeds as are there mentioned.
65Restriction of prosecutions.
A prosecution in respect of an offence under this Act shall not be instituted in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland or in England and Wales except by or with the consent of the Director of Public Prosecutions.
66General interpretation.
In this Act, except so far as the context otherwise requires—
“dwelling-house” means any building or part of a building used as a dwelling;
“explosive” means any article or substance manufactured for the purpose of producing a practical effect by explosion;
“explosive substance” means any substance for the time being specified in regulations made under section 3 of the M1Explosives Act (Northern Ireland) 1970;
“firearm” includes an air gun or air pistol;
“proscribed organisation” means an organisation for the time being specified in Schedule 2 to this Act, including an organisation which is to be treated as a proscribed organisation by virtue of section 28(2) above;
“public place” means a place to which for the time being members of the public have or are permitted to have access, whether on payment or otherwise;
“scheduled offence” has the meaning given by section 1 above;
“terrorism” means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear;
“terrorist” means a person who is or has been concerned in the commission or attempted commission of any act of terrorism or in directing, organising or training persons for the purpose of terrorism;
“vehicle” includes a hovercraft.
67Orders and regulations.
Subject to subsection (4) below, any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.
No order under section 1 or 28 above or 69(3) below and no regulations under section 58 above shall be made unless—
a draft of the order or regulations has been approved by resolution of each House of Parliament; or
it is declared in the order or regulations that it appears to the Secretary of State that by reason of urgency it is necessary to make the order or regulations without a draft having been so approved.
Orders and regulations under the provisions mentioned in subsection (2) above shall, if not so approved in draft, be laid before Parliament after being made and, if at the end of the period of forty days (computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946) after the day on which the Secretary of State made such an order or regulations a resolution has not been passed by each House approving the order or regulations in question, the order or regulations shall then cease to have effect (but without prejudice to anything previously done or to the making of a new order or new regulations).
Subsection (1) above does not apply to any order under section 25, Schedule 3 or paragraph 6(1)(d) of Schedule 5 or any order under regulations made by virtue of section 58.
Any regulations under section 8 and any order under section 14(5), 15(8), 47(5), 61 or 62 above or under paragraph 7(3) F1or 19(1)(a) of Schedule 4 or paragraph 7 of Schedule 5 to this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any order under section 37(4) above shall be laid before Parliament after being made.
68Expenses.
Any expenses of the Secretary of State under this Act shall be defrayed out of money provided by Parliament.
69Commencement, duration, expiry and revival of provisions of this Act.C1C2
This Act except Part VII shall come into force at the end of the period of two months beginning with the day on which it is passed and that Part shall come into force on such date as the Secretary of State may by order appoint.
The temporary provisions of this Act, that is to say, Parts I to VIII except—
section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 9 and 10;
sections 63 and 64; and
F1paragraphs 20 to 20C of Schedule 4,
shall expire with 15th June 1992 unless continued in force by an order under subsection (3) below.
The Secretary of State may by order provide—
that all or any of the temporary provisions of this Act which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding twelve months from the coming into operation of the order;
that all or any of those provisions which are for the time being in force shall cease to be in force; or
that all or any of those provisions which are not for the time being in force shall come into force again and remain in force for a period not exceeding twelve months from the coming into operation of the order.
The Secretary of State shall be deemed to have made an order under subsection (3)(b) above in respect of the provisions of section 34 and Schedule 3 with effect immediately after the coming into force of those provisions.
The coming into force of any provision of sections 9 to 12 above by virtue of an order made under subsection (3)(c) above shall not affect any trial on indictment where the indictment has been presented, or any summary trial which has started, before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.
Where before the coming into force of subsection (1) of section 9 above by virtue of such an order a person has been committed for trial for a scheduled offence and the indictment has not been presented, then, on the coming into force of that subsection, he shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed to the Crown Court sitting in Belfast or (where the Lord Chancellor gives a direction under that subsection with respect to the trial) to the Crown Court sitting at the place specified in the direction.
The expiry or cesser of any provision mentioned in subsection (5) above shall not affect the application of that provision to any trial on indictment where the indictment has been presented, or any summary trial which has started, before the expiry or cesser; and the expiry or cesser of section 14 or 15 above shall not affect the operation of that section in relation to an offence committed while it was in force.
It is hereby declared that the expiry or cesser of any provision of section 9 above shall not affect—
any committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or
any committal of a person for trial which, in accordance with that provision, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast,
in a case where the indictment has not been presented.
This Act shall, by virtue of this subsection, be repealed as from the end of the period of five years beginning with the date on which it came into force.
70Savings, amendments and repeals.
Neither any rule of law nor any enactment other than this Act nor anything contained in a commission issued for the trial of any person shall be construed as limiting or otherwise affecting the operation of any provision of this Act for the time being in force, but—
subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty’s prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; and
subject to the foregoing and to section 69(7) above, a provision of this Act shall not affect the operation of any rule of law or enactment at a time when the provision is not in force.
Any rules in force at the coming into force of this Act under section 28A(1) of the M1Northern Ireland (Emergency Provisions) Act 1978 shall have effect as if they were county court rules made in relation to appeals under section 63 above.
The enactments mentioned in Schedule 7 to this Act shall be amended in accordance with that Schedule.
The enactments mentioned in Part I of Schedule 8 to this Act are hereby repealed, and the instruments mentioned in Part II of that Schedule are hereby revoked, to the extent there specified.
71Short title and extent.
This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1991.
Except for sections 53, F1to 54A, 55A and 57, paragraph 19 of Schedule 4, Schedule 5, this Part of this Act so far as relating to those provisions and paragraph 5(2), (3), (7) and (8) of Schedule 7, this Act extends to Northern Ireland only.
Her Majesty may by Order in Council direct that any of the provisions of section 57 and Schedule 5 shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.
19
Her Majesty may by Order in Council make provision for the enforcement of confiscation orders and restraint orders—
in England, Wales and Scotland; and
in any of the Channel Islands or the Isle of Man.
An Order under this paragraph may apply or modify any of the provisions of this Schedule so far as appears to Her Majesty to be appropriate for the purposes of the Order.
An Order under this paragraph may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.
An Order under sub-paragraph (1)(a) above may, in particular, provide for section 18 of the M1Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply.
1
In this Schedule—
“authorised investigator” means a person authorised under section 57 of this Act to exercise the powers conferred by this Schedule;
“the investigation”, in relation to an authorised investigator, means the investigation for the purposes of which those powers are exercisable by him.
References in this Schedule to documents include references to information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form.
References in this Schedule to the Crown include references to the Crown in right of Her Majesty’s Government in Northern Ireland.
2
An authorised investigator may by notice in writing require any person who he has reason to believe has information relevant to the investigation to attend before him at a specified place either forthwith or at a specified time and answer questions or otherwise furnish information with respect to any matter relevant to the investigation.
An authorised investigator may by notice in writing require any such person to furnish specified information relevant to the investigation within a specified time or such further time as the investigator may allow and in a specified manner or in such other manner as the investigator may allow.
An authorised investigator may by notice in writing require any such person to produce at a specified place and either forthwith or at a specified time any specified documents which appear to the authorised investigator to relate to any matter relevant to the investigation or any documents of a specified class which appear to him to relate to any such matter.
If any documents are produced pursuant to a notice under sub-paragraph (2) above the authorised investigator may—
take copies of or abstracts from them;
require the person producing them to provide an explanation of them;
retain them if he has reasonable grounds for believing that they might otherwise be concealed, lost, damaged, altered or destroyed.
If any documents are not produced pursuant to a notice under sub-paragraph (2) above the authorised investigator may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
A person shall not under this paragraph be required to disclose any information or produce any document—
which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court; or
which in Scotland is an item subject to legal privilege as defined in section 40 of the M1Criminal Justice (Scotland) Act 1987;
except that a lawyer may be required to furnish the name and address of his client.
A person shall not under this paragraph be required to disclose any information or produce any document—
which is held by him on behalf of the Crown; or
in respect of which he owes an obligation of confidence by virtue of the carrying on of a banking business.
A person need not comply with any requirement imposed by an authorised investigator under this paragraph unless the investigator has, if required to do so, produced evidence of his authority, and that evidence need not identify him by name if it contains other means of identification.
3
A justice of the peace or, in Scotland, a sheriff may, on an application made by an authorised investigator, issue a warrant under this paragraph if he is satisfied, in relation to any documents, that there are reasonable grounds for believing—
that—
a person has failed to comply with an obligation under paragraph 2 above to produce them;
it is not practicable to serve a notice under that paragraph in relation to them; or
service of such a notice in relation to them might seriously prejudice the investigation; and
that they are on premises specified in the application.
A warrant under this paragraph shall authorise any constable (using such force as is reasonably necessary)—
to enter and search the premises; and
to take possession of any documents appearing to be documents of a description specified in the application or to take in relation to any documents so appearing any other steps which may appear to be necessary for preserving them and preventing interference with them.
An application under this paragraph in Northern Ireland shall be made by a complaint on oath, in England and Wales by information on oath and in Scotland supported by evidence on oath.
A warrant issued by a sheriff shall be authority for opening lockfast places and may authorise persons named in the warrant to accompany a constable who is executing it.
The power exercisable by a justice of the peace under this paragraph in Northern Ireland may be exercised by the Secretary of State if, in addition to being satisfied as to the matters mentioned in sub-paragraph (1) above, it appears to him that the information which it would be necessary to provide in support of an application under that sub-paragraph would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate acts of terrorism or the activities of a proscribed organisation.
4
A person is guilty of an offence if without reasonable excuse he fails to comply with a requirement imposed on him under paragraph 2 above.
A person is guilty of an offence if, in purported compliance with such a requirement, he makes a statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular.
A person who—
knows or has reasonable cause to suspect that an investigation by an authorised investigator is being carried out or is likely to be carried out by virtue of this Schedule; and
falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which he knows or has reasonable cause to suspect are or would be relevant to such an investigation,
is guilty of an offence unless he proves that he had no intention of concealing the facts disclosed by the document from any person carrying out such an investigation.
A person guilty of an offence under sub-paragraph (1) or (2) above is liable—
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both;
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
A person guilty of an offence under sub-paragraph (3) above is liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine or both;
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
5
A statement made by a person in response to a requirement imposed by virtue of paragraph 2 above may not be used in evidence against him except—
on a prosecution for an offence under paragraph 4(2) above;
on a prosecution for some other offence where he or a witness called on his behalf has in giving evidence made a statement inconsistent with the first-mentioned statement; or
on a prosecution for perjury.
6
Information obtained by a person in his capacity as an authorised investigator may not be disclosed by him except to a constable or—
for the purposes of any prosecution, whether in the United Kingdom or elsewhere;
to any government department or Northern Ireland department or other authority or body discharging its functions on behalf of the Crown;
to any competent authority; or
for the purpose of assisting any public or other authority for the time being designated for the purposes of this paragraph by an order made by the Secretary of State to discharge any functions which are specified in the order.
The following are competent authorities for the purposes of sub-paragraph (1)(c) above—
an Official Receiver;
the Accountant in Bankruptcy;
an Official Assignee;
a person appointed to carry out an investigation under section 55 of the M3Building Societies Act 1986;
a body administering a compensation scheme under section 54 of the M4Financial Services Act 1986;
an inspector appointed under section 94 of that Act;
a person exercising powers by virtue of section 106 of that Act;
an inspector appointed under section 177 of that Act or any corresponding enactment having effect in Northern Ireland;
a person appointed by the Bank of England under section 41 of the M5Banking Act 1987 to carry out an investigation and make a report;
any body having supervisory, regulatory or disciplinary functions in relation to any profession or any area of commercial activity; and
any person or body having, under the law of any country or territory outside the United Kingdom, functions corresponding to any of the functions of any person or body mentioned in any of the foregoing paragraphs.
An order under paragraph (d) of sub-paragraph (1) above may impose conditions subject to which, and otherwise restrict the circumstances in which, information may be disclosed under that paragraph.
7
The Secretary of State shall make a code of practice in connection with the exercise by authorised investigators of the powers conferred by this Schedule.
When the Secretary of State proposes to issue the code of practice under this paragraph he shall prepare and publish a draft of the code, shall consider any representations made to him about the draft and may modify the draft accordingly.
The Secretary of State shall lay before both Houses of Parliament a draft of the code of practice prepared by him under this paragraph; and when he has laid the draft of the code before both Houses he may bring the code into operation by an order made by him.
An order bringing the code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.
The Secretary of State may from time to time revise the whole or any part of the code of practice issued by him under this paragraph and issue the code as revised; and the foregoing provisions of this paragraph shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of the code.
A failure on the part of an authorised investigator to comply with any provision of a code of practice issued under this paragraph shall not of itself render him liable to any criminal or civil proceedings.
In all criminal and civil proceedings such a code shall be admissible in evidence; and if any provision of such a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
In this paragraph “criminal proceedings” includes proceedings before a court-martial constituted under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957 and proceedings before the Courts-Martial Appeal Court.
Nothing in paragraph (8) of Article 66 of the M4Police and Criminal Evidence (Northern Ireland) Order 1989 or subsection (9) of section 67 of the M5Police and Criminal Evidence Act 1984 shall require authorised investigators to have regard in exercising the powers conferred by this Schedule to any provision of a code under that Order or that Act.
5E1
The M1Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.
In section 10(3) for the words “section 21 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 28 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
In section 17(1)(a)—
for the words “section 21 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 27 or 28 of the Northern Ireland (Emergency Provisions) Act 1991 ”;
for the words “section 21 of the said Act of 1978” there shall be substituted the words “ section 28 of the said Act of 1991 ”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 27(10) for the words “section 21 of the Northern Ireland (Emergency Provisions) Act 1978” there shall be substituted the words “ section 28 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
For subsection (11) of section 27 there shall be substituted—
“(11)The provisions excluded by subsection (10) above from subsection (5) shall remain in force until 15th June 1992 and then expire but shall be—
(a)included in the provisions to which subsection (3) of section 69 of the said Act of 1991 applies (provisions that can be continued in force, repealed or revived by order); and
(b)treated as part of that Act for the purposes of subsection (9) of that section ( repeal at end of five years).”
In paragraph 7(4) of Schedule 3 for the words “sections 14 and 15 of the Northern Ireland (Emergency Provisions) Act 1987” there shall be substituted the words “ sections 44 and 45 of the Northern Ireland (Emergency Provisions) Act 1991 ”.
In paragraph 8(1) of Schedule 4, in the definition of “a Northern Ireland order” after the words “paragraph 23” there shall be inserted the words “ or 25A ”.
In paragraph 18(1) of Schedule 4, in the definition of “a Northern Ireland order” after the words “paragraph 23” there shall be inserted the words “ or 25A ”.
After paragraph 25 of Schedule 4 there shall be inserted—
“
25A(1)The power to make a restraint order under the provisions of paragraphs 23 and 24 above shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary or a person authorised under section 57 of the Northern Ireland (Emergency Provisions) Act 1991 to investigate an offence under Part III of this Act.
(2)In their application by virtue of sub-paragraph (1) above paragraphs 23 to 25 above shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.
(3)An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 23(5) or 24(2) above.
25B(1)A person who, without lawful authority or reasonable excuse (the proof of which lies on him), contravenes a restraint order is guilty of an offence and liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding fourteen 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.
(2)Nothing in sub-paragraph (1) above shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.”