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| Road closure: permission. |
89. - (1) If he considers it immediately necessary for the preservation of the peace or the maintenance of order, an officer may-
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(a) wholly or partly close a road; |
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(b) divert or otherwise interfere with a road or the use of a road; |
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(c) prohibit or restrict the exercise of a right of way; |
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(d) prohibit or restrict the use of a waterway. |
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(2) In this section "officer" means-
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(a) a member of Her Majesty's forces on duty, |
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(c) a person authorised for the purposes of this section by the Secretary of State. |
| Sections 88 and 89: supplementary. |
90. - (1) A person commits an offence if he interferes with-
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(a) works executed in connection with the exercise of powers conferred by virtue of section 88 or 89, or |
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(b) any apparatus, equipment or other thing used in connection with the exercise of those powers. |
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(2) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his interference.
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(3) A person guilty of an offence under this section shall be liable on summary conviction to-
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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(4) An authorisation to exercise powers under section 88 or 89 may authorise-
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(a) the exercise of all those powers, or |
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(b) the exercise of a specified power or class of powers. |
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(5) An authorisation to exercise powers under section 88 or 89 may be addressed-
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(a) to specified persons, or |
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(b) to persons of a specified class. |
| Road closure: direction. |
91. - (1) If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order he may by order direct that a specified road-
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(a) shall be wholly closed, |
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(b) shall be closed to a specified extent, or |
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(c) shall be diverted in a specified manner. |
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(2) A person commits an offence if he interferes with-
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(a) road closure works, or |
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(b) road closure equipment. |
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(3) A person commits an offence if-
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(a) he executes any bypass works within 200 metres of road closure works, |
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(b) he has in his possession or under his control, within 200 metres of road closure works, materials or equipment suitable for executing bypass works, or |
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(c) he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a) or (b). |
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(4) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action, possession, control or permission.
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(5) A person guilty of an offence under this section shall be liable on summary conviction to-
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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(6) In this section-
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"bypass works" means works which facilitate the bypassing by vehicles of road closure works, |
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"road closure equipment" means any apparatus, equipment or other thing used in pursuance of an order under this section in connection with the closure or diversion of a road, and |
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"road closure works" means works executed in connection with the closure or diversion of a road specified in an order under this section (whether executed in pursuance of the order or in pursuance of power under an enactment to close or divert the road). |
| Sections 78 to 91: supplementary. |
92. - (1) This section applies in relation to sections 78 to 91.
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(2) A power to enter premises may be exercised by reasonable force if necessary.
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(3) A power to search premises shall, in its application to vehicles (by virtue of section 116), be taken to include-
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(a) power to stop a vehicle (other than an aircraft which is airborne), and |
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(b) power to take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search. |
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(4) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
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(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to-
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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(6) In the application to a place or vehicle (by virtue of section 116) of a power to search premises-
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(a) a reference to the address of the premises shall be construed as a reference to the location of the place or vehicle together with its registration number (if any), and |
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(b) a reference to the occupier of the premises shall be construed as a reference to the occupier of the place or the person in charge of the vehicle. |
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(7) Where a search is carried out under Schedule 9 in relation to a vehicle (by virtue of section 116), the person carrying out the search may, if he reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated-
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(a) require a person in or on the vehicle to remain with it; |
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(b) require a person in or on the vehicle to go to and remain at any place to which the vehicle is taken by virtue of subsection (3)(b); |
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(c) use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above. |
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(8) Paragraphs 4(2) and (3) and 9 of Schedule 9 shall apply to a requirement imposed under subsection (7) as they apply to a requirement imposed under that Schedule.
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(9) Paragraph 7 of Schedule 9 shall apply in relation to the search of a vehicle which is not habitually stationary only if it is moved for the purpose of the search by virtue of subsection (3)(b); and where that paragraph does apply, the reference to the address of the premises shall be construed as a reference to the location where the vehicle is searched together with its registration number (if any).
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(10) A member of Her Majesty's forces exercising any power when he is not in uniform shall, if requested to do so by any person at or about the time of exercising the power, produce to that person documentary evidence that he is a member of Her Majesty's Forces.
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Miscellaneous |
| Preservation of the peace: regulations. |
93. - (1) The Secretary of State may by regulations make provision for promoting the preservation of the peace and the maintenance of order.
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(2) The regulations may authorise the Secretary of State to make orders or give directions for specified purposes.
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(3) A person commits an offence if he contravenes or fails to comply with-
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(a) regulations under this section, or |
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(b) an order or direction made or given under regulations made under this section. |
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(4) A person guilty of an offence under this section shall be liable on summary conviction to-
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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| Port and border controls. |
94. - (1) The Secretary of State may by order provide for members of Her Majesty's Forces to perform specified functions conferred on examining officers under Schedule 6.
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(2) A member of Her Majesty's Forces exercising functions by virtue of subsection (1) shall be treated as an examining officer within the meaning of Schedule 6 for all purposes of this Act except for paragraphs 5 and 6 of Schedule 12.
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(3) The Secretary of State may by order make provision, including provision supplementing or modifying Schedule 6, about entering or leaving Northern Ireland by land.
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| Independent Assessor of Military Complaints Procedures. |
95. - (1) The Secretary of State may appoint a person to be known as the Independent Assessor of Military Complaints Procedures in Northern Ireland.
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(2) A person may be appointed as the Independent Assessor only if-
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(a) he is not a serving member of Her Majesty's forces, and |
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(b) he has not been a serving member at any time during the period of 20 years ending with the date of the appointment. |
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(3) The Independent Assessor-
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(a) shall keep under review the procedures adopted by the General Officer Commanding Northern Ireland for receiving, investigating and responding to complaints to which this section applies, |
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(b) shall receive and investigate any representations about those procedures, |
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(c) may investigate the operation of those procedures in relation to a particular complaint or class of complaints, |
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(d) may require the General Officer Commanding to review a particular case or class of cases in which the Independent Assessor considers that any of those procedures have operated inadequately, and |
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(e) may make recommendations to the General Officer Commanding about inadequacies in those procedures, including inadequacies in the way in which they operate in relation to a particular complaint or class of complaints. |
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(4) This section applies to complaints about the behaviour of a member of Her Majesty's forces under the command of the General Officer Commanding Northern Ireland, other than-
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(a) a complaint which is referred by the General Officer Commanding to the Royal Ulster Constabulary and which is not remitted by the Royal Ulster Constabulary to the General Officer Commanding to be dealt with by him, |
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(b) a complaint about a matter in respect of which a claim for compensation has been made under Schedule 11, and |
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(c) a complaint about a matter which is the subject of proceedings involving a claim for compensation which have been instituted in a court. |
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(5) The General Officer Commanding Northern Ireland shall-
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(a) provide such information, |
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(b) disclose such documents, and |
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(c) provide such assistance, |
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as the Independent Assessor may reasonably require for the purpose of the performance of his functions.
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(6) Schedule 10 (which makes supplementary provision about the Independent Assessor) shall have effect.
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