Paragraph 9

Schedule 4 (forfeiture orders) shall be amended as follows.

In paragraph 8(1), in the definition of “a Northern Ireland order” for paragraph (b) there shall be substituted—

“(b)

an order made under paragraph 23 or 25A below (“a Northern Ireland restraint order”); or”.

In paragraph 18(1), in the definition of “a Northern Ireland order” for paragraph (b) there shall be substituted—

“(b)

an order made under paragraph 23 or 25A below (“a Northern Ireland restraint order”); or”.

After paragraph 25 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 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.”