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provide for Part 7 of the Terrorism Act 2000 to continue in force for a limited |
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period after 18th February 2006 subject to modifications and to authorise the |
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making of provision in connection with its ceasing to have effect; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Continuance in force of Part 7 of the Terrorism Act 2000 |
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(1) | This section applies to the provisions of Part 7 of the Terrorism Act 2000 (c. 11) |
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(terrorism provisions applying to Northern Ireland), so far as they are in force |
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on 18th February 2006 but with the exception (if in force on that date) of section |
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78 (sentencing of children convicted of scheduled offences). |
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(2) | The provisions to which this section applies— |
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(a) | shall continue in force after 18th February 2006; but |
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(b) | so far as they have not previously ceased to have effect by virtue of an |
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order under section 112(2) of that Act (and subject to subsection (3) of |
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this section), shall cease to have effect as from the end of 31st July 2007. |
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(3) | The Secretary of State may by order provide that any of those provisions which |
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is in force shall continue in force after that date for a specified period ending |
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(4) | In section 112(2)(c) of that Act (revival of provisions), at the end insert “and |
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ending before 1st August 2007”. |
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(5) | In section 11(4)(a) of the Justice (Northern Ireland) Act 2004 (c. 4) (expiry on |
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19th February 2006 of provisions relating to bail under section 67 of the |
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Terrorism Act 2000), for “on 19th February 2006” substitute “as from the end of |
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(6) | An order under subsection (3) may— |
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(a) | amend section 112(2)(c) of the Terrorism Act 2000 (c. 11) and section |
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11(4)(a) of the Justice (Northern Ireland) Act 2004 (c. 4) by, in each case, |
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substituting “2008” for “2007”; |
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(b) | make different provision for different purposes; and |
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(c) | contain savings and make transitional or transitory provision. |
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(7) | The power to make an order under subsection (3) is exercisable by statutory |
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(8) | No order may be made under subsection (3) unless a draft of it has been laid |
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before Parliament and approved by a resolution of each House. |
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(9) | Paragraph 37 of Schedule 4 to the Terrorism Act 2000 (offence of contravening |
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restraint order) shall be treated for the purposes of this section as forming part |
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2 | Repeal of provisions of Part 7 |
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(a) | the power under section 112(2)(c) of the Terrorism Act 2000 to bring |
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into force provisions of that Part that are not in force, nor |
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(b) | the power under section 1(3) of this Act to continue in force provisions |
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| shall apply to the provisions of that Act specified in subsection (2) of this |
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(2) | Those provisions are— |
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(a) | section 67(3) and (4) (discretion to admit to bail); |
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(b) | sections 70 and 71 (remand in custody of young persons charged with |
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(c) | section 76 (admissions in trials on indictment); |
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(d) | section 78 (sentencing of children convicted of scheduled offences); |
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(e) | section 97 (port and border controls); |
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(f) | section 100 (code of practice for video recording); |
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(g) | paragraph 36 of Schedule 4 (power of Secretary of State to make |
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(h) | paragraphs 19 to 21 of Schedule 5 (powers of Secretary to confer powers |
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of search, to require information, etc.). |
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(3) | For section 112(5) of that Act substitute— |
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“(5) | Paragraph 37 of Schedule 4 to this Act shall be treated for the purposes |
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of this section as forming part of this Part of this Act.” |
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(1) | In Part 1 of Schedule 9 to the Terrorism Act 2000 (scheduled offences)— |
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(a) | omit “subject to note 1 below”, wherever occurring, and in note 1 |
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“which is stated to be subject to this note” (which limit the listed |
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offences that may be certified in particular cases as to be treated as if not |
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(b) | omit the words in note 2 after “1983” (under which blackmail cannot be |
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certified where it is committed by or in relation to nuclear material); |
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“5 | Notes 2 to 4 are subject to note 1.” |
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(2) | In paragraph 10 of that Part of that Schedule— |
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(a) | at the beginning insert “Subject to notes 2 and 3 below,”; and |
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(b) | in each place where they occur, omit “subject to note 2 below”, “subject |
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to notes 1 and 3 below” and “subject to notes 1 and 2 below”. |
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(3) | After paragraph 22A of that Part of that Schedule insert— |
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“Prevention of Terrorism Act 2005 |
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22B | Offences under section 9 of the Prevention of Terrorism Act 2005 |
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(contravention of control order obligations and obstruction of |
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persons serving control order).” |
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(4) | An offence is a scheduled offence by virtue of this section only if— |
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(a) | the offence is charged as having been committed on, after or on or after |
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(b) | that date is after 18th February 2006. |
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(5) | For the purposes of subsection (4) an offence charged as having been |
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committed between two different dates is to be treated as charged as having |
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been committed on or after the earlier of those dates. |
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4 | Transitional provision in connection with expiry etc. of Part 7 of 2000 Act |
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(1) | The Secretary of State may by order make— |
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(a) | such transitional provision, |
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(b) | such provision for savings, and |
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(c) | such consequential amendments and repeals of enactments referring to |
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provisions in Part 7 of the Terrorism Act 2000 (c. 11), |
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| as he considers appropriate in connection with provisions of that Part ceasing |
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to have effect at any time by virtue of provision made by or under section 1 of |
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this Act or section 112 of that Act. |
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(2) | The provision that may be made by an order under this section in relation to |
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times after provisions of Part 7 of the Terrorism Act 2000 cease to have effect |
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(a) | provision authorising the retention of anything of which possession |
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has been taken, or which is detained, under that Part; |
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(b) | provision about the handling, disposal or restoration of anything in |
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relation to which powers have been exercised under that Part |
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(including provision for the return of property to a person determined |
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in accordance with the order or for its disposal in any other manner so |
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(c) | provision authorising the continuance of any interference begun under |
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section 91 of that Act (taking possession of land etc.); |
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(d) | provision for section 93 of that Act (offence and other supplementary |
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provisions) to continue to have effect in relation to things continued or |
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saved by virtue of paragraph (c) of this subsection, and in relation to |
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things executed or used in connection with anything so continued or |
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(e) | provision authorising the continuance of any closure or diversion |
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under section 94 of that Act (directions for road closures and |
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diversions) and for the continuance in force, in relation to anything |
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continued or saved by virtue of this paragraph, of the provisions of that |
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section relating to offences; |
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(f) | provision applying provisions of Schedule 12 to that Act |
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(compensation) to cases in which applications for compensation have |
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been or are made in relation to things done before provisions of Part 7 |
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of that Act cease to have effect or in relation to things done afterwards |
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by virtue of an order under this section; |
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(g) | provision for section 113 of that Act (transitional effect) to have effect, |
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notwithstanding its inclusion in Part 7 of that Act, in relation to times |
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after that Part has ceased to have effect; and |
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(h) | provision disapplying or modifying provisions of that section. |
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(3) | An order under this section may— |
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(a) | include such incidental and supplementary provision as the Secretary |
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(b) | make different provision for different cases. |
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(4) | The power to make order under this section is exercisable by statutory |
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(5) | No order may be made under this section unless a draft of it has been laid |
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before Parliament and approved by a resolution of each House. |
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5 | Short title, repeals, commencement and extent |
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(1) | This Act may be cited as the Terrorism (Northern Ireland) Act 2005. |
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(2) | The enactments and instruments in the first column of the Schedule are |
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repealed or revoked to the extent set out in the second column. |
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(3) | This Act comes into force at the end of 18th February 2006. |
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(4) | This Act extends only to Northern Ireland. |
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