Terrorism Bill - continued        House of Commons
PART VII, NORTHERN IRELAND - continued
Powers of arrest, search, &c. - continued

back to previous text
 
Sections 90 and 91: supplementary.     92. - (1) A person commits an offence if he interferes with-
 
 
    (a) works executed in connection with the exercise of powers conferred by virtue of section 90 or 91, or
 
    (b) any apparatus, equipment or other thing used in connection with the exercise of those powers.
      (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.
 
      (3) A person guilty of an offence under this section shall be liable on summary conviction to-
 
 
    (a) imprisonment for a term not exceeding six months,
 
    (b) a fine not exceeding level 5 on the standard scale, or
 
    (c) both.
      (4) An authorisation to exercise powers under section 90 or 91 may authorise-
 
 
    (a) the exercise of all those powers, or
 
    (b) the exercise of a specified power or class of powers.
      (5) An authorisation to exercise powers under section 90 or 91 may be addressed-
 
 
    (a) to specified persons, or
 
    (b) to persons of a specified class.
Road closure: direction.     93. - (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-
 
 
    (a) shall be wholly closed,
 
    (b) shall be closed to a specified extent, or
 
    (c) shall be diverted in a specified manner.
      (2) A person commits an offence if he interferes with-
 
 
    (a) road closure works, or
 
    (b) road closure equipment.
      (3) A person commits an offence if-
 
 
    (a) he executes any bypass works within 200 metres of road closure works,
 
    (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
 
    (c) he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a) or (b).
      (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.
 
      (5) A person guilty of an offence under this section shall be liable on summary conviction to-
 
 
    (a) imprisonment for a term not exceeding six months,
 
    (b) a fine not exceeding level 5 on the standard scale, or
 
    (c) both.
      (6) In this section-
 
 
    "bypass works" means works which facilitate the bypassing by vehicles of road closure works,
 
    "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
 
    "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 80 to 93: supplementary.     94. - (1) This section applies in relation to sections 80 to 93.
 
      (2) A power to enter premises may be exercised by reasonable force if necessary.
 
      (3) A power to search premises shall, in its application to vehicles (by virtue of section 119), be taken to include-
 
 
    (a) power to stop a vehicle (other than an aircraft which is airborne), and
 
    (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.
      (4) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
 
      (5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to-
 
 
    (a) imprisonment for a term not exceeding six months,
 
    (b) a fine not exceeding level 5 on the standard scale, or
 
    (c) both.
      (6) In the application to a place or vehicle (by virtue of section 119) of a power to search premises-
 
 
    (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
 
    (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.
      (7) Where a search is carried out under Schedule 9 in relation to a vehicle (by virtue of section 119), 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-
 
 
    (a) require a person in or on the vehicle to remain with it;
 
    (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);
 
    (c) use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above.
      (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.
 
      (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).
 
      (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.
 
 
Miscellaneous
Preservation of the peace: regulations.     95. - (1) The Secretary of State may by regulations make provision for promoting the preservation of the peace and the maintenance of order.
 
      (2) The regulations may authorise the Secretary of State to make orders or give directions for specified purposes.
 
      (3) A person commits an offence if he contravenes or fails to comply with-
 
 
    (a) regulations under this section, or
 
    (b) an order or direction made or given under regulations made under this section.
      (4) A person guilty of an offence under this section shall be liable on summary conviction to-
 
 
    (a) imprisonment for a term not exceeding six months,
 
    (b) a fine not exceeding level 5 on the standard scale, or
 
    (c) both.
Port and border controls.     96. - (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.
 
      (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 13.
 
      (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.
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2000
Prepared 9 February 2000