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The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004

S.I. 2004/3009 · Made 14 November 2004

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.

PRISONS

Approved by both Houses of Parliament

Made 14th November 2004

Laid before Parliament 17th November 2004

Coming into force 15th November 2004

Whereas the Secretary of State considers it necessary by reason of urgency for this Order to be made without a draft having been approved by resolution of each House of Parliament:

And whereas the Secretary of State believes that the organisations specified in the Schedule to this Order are concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and that they have not established or are not maintaining a complete and unequivocal ceasefire:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 3(8) of the Northern Ireland (Sentences) Act 1998f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 35

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Schedule 1Specified Organisations
  5. Explanatory note

1

(1)

This Order may be cited as the Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004 and shall come into force on 15th November 2004.

(2)

The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2001f1 is hereby revoked.

2

The organisations specified in the Schedule to this Order are specified organisations for the purposes of the Northern Ireland (Sentences) Act 1998.

Signature

Paul Murphy

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

14th November 2004

Schedule 1Specified Organisations

  • The Continuity Irish Republican Army

  • The Loyalist Volunteer Force

  • The organisation using the name “The Orange Volunteers” and in the name of which a statement described as a press release was published on 14 October 1998

  • The “Real” Irish Republican Army

  • The Red Hand Defenders

Explanatory note

(This note is not part of the Order)

Under section 3 of the Northern Ireland (Sentences) Act 1998 the Secretary of State must specify an organisation if he believes that it is concerned with terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and that it has not established or is not maintaining a complete and unequivocal ceasefire. The Secretary of State is obliged to review the list of specified organisations from time to time.

Following such a review the Secretary of State has decided that the Ulster Defence Association and the Ulster Freedom Fighters no longer need to be specified but that the Continuity IRA, the “Real” IRA, the Loyalist Volunteer Force, the Red Hand Defenders and the Orange Volunteers (which were specified by S.I 2001/3411 which this Order revokes) should continue to be specified.

The effect of specifying an organisation is that a prisoner who is, or who would be likely to become, a supporter of such an organisation, is ineligible for release under the 1998 Act or, if released, is liable to recall to prison.