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S C H E D U L E S |
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SCHEDULE 1
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NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1996 |
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Temporary extension |
| | 1. - (1) This paragraph applies to the provisions of the Northern Ireland (Emergency Provisions) Act 1996 which are in force immediately before 15th June 2000 (whether or not by virtue of an order under section 62(3) of that Act).
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(2) Those provisions-
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(a) shall, subject to paragraphs 2(a) and 4, continue in force, and |
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(b) shall cease to have effect on such day as the Secretary of State may by order appoint. |
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(3) An order under sub-paragraph (2)(b) may appoint different days for different purposes.
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(4) Sub-paragraph (2) shall have effect notwithstanding-
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(a) the expiry of a period specified in an order under section 62(3)(a) or (c) of the 1996 Act (extension for up to 12 months), and |
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(b) section 62(10) of that Act (automatic repeal on 24th August 2000). |
| | 2. The powers under section 62(3)(a), (b) and (c) of the 1996 Act-
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(a) shall continue to be exercisable in relation to any provision continued in force by paragraph 1(2)(a) until the provision ceases to have effect by virtue of paragraph 1(2)(b), but |
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(b) shall not otherwise be exercisable after the passing of this Act. |
| | 3. - (1) Paragraph 1 does not apply to-
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(a) section 35 of the 1996 Act (wearing of hoods), |
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(b) Part V (private security services), or |
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(c) section 50 (explosives factories). |
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(2) On the passing of this Act those provisions-
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(a) shall cease to have effect, and |
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(b) shall cease to be temporary provisions for the purposes of section 62 of the 1996 Act. |
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Amendments during temporary extension |
| | 4. The provisions of the 1996 Act which continue in force by virtue of paragraph 1(2) shall be amended as follows.
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| | 5. In section 19 (arrest and seizure) after subsection (4) insert-
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"(5) The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the Human Rights Act 1998."
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| | 6. In section 20 (search for munitions, &;c.) after subsection (5) insert-
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"(5A) The power to extend a period conferred by subsection (4) may be exercised only once in relation to a particular search."
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| | 7. In section 26 (powers of entry, &;c.) after subsection (2) insert-
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"(2A) The Secretary of State may grant an authorisation under subsection (2) only if he considers it necessary for the preservation of the peace or the maintenance of order."
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| | 8. In section 33 (collection of information, &;c.) after subsection (5) insert-
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"(5A) Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
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(5B) An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time)."
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