Northern Ireland (Emergency Provisions) Act 1996 (repealed) in Wales

Neither any rule of law nor any enactment other than this Act shall be construed as limiting or otherwise affecting the operation of any provision of this Act for the time being in force, but—

Schedule 5 (which makes transitional provisions in relation to scheduled offences) shall have effect.

Where this Act repeals and re-enacts provisions of the M1Northern Ireland (Emergency Provisions) Act 1991, the repeal and re-enactment shall not, unless the contrary intention appears, affect the continuity of the law.

Any document made, served or issued after the commencement of this Act which contains a reference to an enactment repealed by this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of this Act.

Any document made, served or issued after the commencement of this Act which contains a reference to a provision of this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of the Northern Ireland (Emergency Provisions) Act 1991.

The enactments mentioned in Schedule 6 to this Act shall be amended in accordance with that Schedule.

The enactments mentioned in Part I of Schedule 7 to this Act are hereby repealed, and the instruments mentioned in Part II of that Schedule are hereby revoked, to the extent there specified.

Section 17 (investigation of terrorist activities) shall be amended as follows.

In subsection (1)(a)(ii) for the words “section 27, 28, 53, 54 or 54A of the Northern Ireland (Emergency Provisions) Act 1991” there shall be substituted the words “ section 29 or 30 of the Northern Ireland (Emergency Provisions) Act 1996 ”.

In subsection (1)(a)(iii) for the words “section 28 of the said Act of 1991” there shall be substituted the words “ section 30 of the said Act of 1996 ”.

In subsection (1)(b) for the words “section 28(3) of that Act” there shall be substituted the words “ section 30(3) of the Act of 1996 ”.

In subsection (2A) the words “or section 53, 54 or 54A of the Northern Ireland (Emergency Provisions) Act 1991” shall be omitted.

In subsection (2B) the words “or section 53(4A), 54(5D) or 54A(5) of the Act of 1991” shall be omitted.

In subsection (6) the words “or section 54A of the Act of 1991” shall be omitted.

Section 27 (commencement and duration) shall be amended as follows.

In subsection (10) for the words “section 28 of the Northern Ireland (Emergency Provisions) Act 1991” there shall be substituted the words “ section 30 of the Northern Ireland (Emergency Provisions) Act 1996 ”.

For subsection (11) there shall be substituted—

“(11)

The provisions excluded by subsection (10) above from subsection (5) shall remain in force until 15th June 1997 and then expire but shall be—

(a)

included in the provisions to which subsection (3) of section 62 of the said Act of 1996 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 (10) of that section (repeal at end of two years).”.

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.”

The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.