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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) Subject to the provisions of this paragraph and paragraph 2-
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(a) the provisions to which this paragraph applies shall continue in force for the period of 12 months starting with the day on which this Act is passed, and |
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(b) the Secretary of State may by order provide for all or any of those provisions to continue in force for the period of 12 months immediately following the period mentioned in paragraph (a). |
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(3) 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 (temporary extension) where the order was made before the passing of this Act, and |
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(b) section 62(10) of the 1996 Act (automatic repeal on 24th August 2000). |
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(4) The Secretary of State may by order provide for any of the provisions to which this paragraph applies-
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(a) to cease to have effect on a specified day; |
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(b) to cease to be one of the temporary provisions for the purposes of section 62 of the 1996 Act on a specified day; |
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and different days may be specified for different purposes.
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| | 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 virtue of paragraph 1(2)(a) or (b) until the provision ceases to have effect on the expiry of a period mentioned in paragraph 1(2) or ceases to be a temporary provision by virtue of paragraph 1(4)(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 the following provisions of the 1996 Act-
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(a) section 26(1)(b) (power of entry on authority of Secretary of State), |
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(b) section 35 (wearing of hoods), 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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| | 9. - (1) Part V (private security services) shall have effect subject to the provisions of this paragraph.
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(2) On issuing a certificate under section 39 the Secretary of State may impose a condition if satisfied that it is necessary in order to prevent an organisation within section 39(8) from benefiting from the certificate.
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(3) To the grounds for refusal to issue a certificate and for revocation of a certificate in sections 39(1) and (5) there shall be added the ground that the Secretary of State is satisfied that the applicant for or holder of a certificate has failed to comply with a condition imposed by virtue of sub-paragraph (2) above.
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(4) The applicant for a certificate may appeal to the High Court if-
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(a) the application is refused, |
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(b) a condition is imposed on the grant of the certificate, or |
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(c) the certificate is revoked. |
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(5) Where an appeal is brought under sub-paragraph (4), the Secretary of State may issue a certificate that the decision to which the appeal relates-
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(a) was taken for the purpose of preventing benefit from accruing to an organisation which was within section 39(8), and |
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(b) was justified by that purpose. |
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(6) If he intends to rely on a certificate under sub-paragraph (5), the Secretary of State shall notify the appellant.
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(7) Where the appellant is notified of the Secretary of State's intention to rely on a certificate under sub-paragraph (5)-
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(a) he may, in accordance with rules made by the Lord Chancellor, appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and |
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(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply. |
