PREVENTION OF TERRORISM ACT ( PTA ) - Part 1
ELIZABETH II
Prevention of Terrorism
(Temporary Provisions)
Act 1989
1989 CHAPTER 4
An Act to make provision in place of the Prevention of Terrorism
(Temporary Provisions) Act 1984; to make further provision in
relation to powers of search under, and persons convicted of
scheduled offences within the meaning of, the Northern Ireland
(Emergency Provisions) Act 1978; and to enable the Secretary of
State to prevent the establishment of new explosives factories,
magazines and stores in Northern Ireland. [15th March 1989]
BE IT ENACTED by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:-
PART I
PROSCRIBED ORGANISATIONS
1.-(1) Any organisation for the time being specified in Schedule 1 to
this Act is a proscribed organisation for the purposes of this Act; and any
organisation which passes under a name mentioned in that Schedule shall
be treated as proscribed whatever relationship (if any) it has to any other
organisation of the same name.
(2) The Secretary of State may by order made by statutory instrument -
(a) add to Schedule 1 to this Act any organisation that appears to
him to be concerned in, or in promoting or encouraging, terrorism
occuring in the United Kingdom and connected with the affairs of
Northern Ireland;
(b) remove an organisation from that Schedule.
(3) No order shall be made under this section unless -
(a) a draft of the order has been laid before and approved by a
resolution of each House of Parliament; or
(b) it is declared in the order that it appears to the Secretary of State
that by reason of urgency it is necessary to make the order
without a draft having been so approved.
(4) An order under this section of which a draft has not been approved
under subsection (3) above -
(a) shall be laid before Parliament; and
(b) shall cease to have effect at the end of the period of forty days
beginning with the day on which it was made unless, before the
end of that period, the order has been approved by a resolution
of each House of Parliament, but without prejudice to anything
previously done or to the making of a new order.
(5) In reckoning for the purposes of subsection (4) above any period of
forty days, no account shall be taken of any period during which
Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than four days.
(6) In this section "organisation" includes any association or
combination of persons.
2.-(1) Subject to subsection (3) below, a person is guilty of an offence
if he -
(a) belongs or professes to belong to a proscribed organisation;
(b) solicits or invites support for a proscribed organisation other
than support with money or other property; or
(c) arranges or assists in the arrangement or management of, or
addresses, any meeting of three or more persons (whether or not
it is a meeting to which the public are admitted) knowing that
the meeting is -
(i) to support a proscribed organisation;
(ii) to further the activities of such an organisation; or
(iii) to be addressed by a person belonging or professing to
belong to such an organisation.
(2) A person guilty of an offence under subsection (1) above is liable -
(a) on conviction on indictment, to imprisonment for a term not
exceeding ten years or a fine or both;
(b) on summary conviction, to imprisonment for a term not
exceeding six months or a fine not exceeding the statutory
maximum or both.
(3) A person belonging to a proscribed organisation is not guilty of an
offence under this section by reason of belonging to the organisation
if he shows -
(a) that he became a member when it was not a proscribed
organisation under the current legislation; and
(b) that he has not since he became a member taken part in any of its
activities at any time while it was a proscribed organisation
under that legislation. -
(4) In subsection (3) above "the current legislation", in relation to any
time, means whichever of the following was in force at that time
(a) the Prevention of Terrorism (Temporary Provisions) Act 1974;
(b) the Prevention of Terrorism (Temporary Provisions) Act 1976;
(c) the Prevention of Terrorism (Temporary Provisions) Act 1984;
or
(d) this Act.
(5) The reference in subsection (3) above to a person becoming a
member of an organisation is a reference to the only or last occasion on
which he became a member.
3.-(1) Any person who in a public place -
(a) wears any item of dress; or
(b) wears, carries or displays any article,
in such a way or in such circumstances as to arouse reasonable
apprehension that he is a member or supporter of a proscribed
organisation, is guilty of an offence and liable on summary conviction to
imprisonment for a term not exceeding six months or a fine not exceeding
level 5 on the standard scale or both.
(2) In Scotland a constable may arrest without warrant anyone whom
he has reasonable grounds to suspect of being a person guilty of an offence
under this section.
(3) In this section "public place" includes any highway or, in Scotland,
any road within the meaning of the Roads (Scotland) Act 1984 and any
premises to which at the material time the public have, or are permitted
to have, access, whether on payment or otherwise.
PART II
EXCLUSION ORDERS
4.-(1) The Secretary of State may exercise the powers conferred on
him by this Part of this Act in such a way as appears to him expedient to
prevent acts of terrorism to which this Part of this Act applies.
(2) The acts of terrorism to which this Part of this Act applies are acts
of terrorism connected with the affairs of Northern Ireland.
(3) An order under section 5, 6 or 7 below is referred to in this Act as
an "exclusion order".
(4) Schedule 2 to this Act shall have effect with respect to the duration
of exclusion orders, the giving of notices, the right to make
representations, powers of removal and detention and other supplementary
matters for this Part of this Act.
(5) The exercise of the detention powers conferred by that Schedule
shall be subject to supervision in accordance with Schedule 3 to this Act.
5.-(1) If the Secretary of State is satisfied that any person -
(a) is or has been concerned in the commission, preparation or
instigation of acts of terrorism to which this Part of this
Act applies; or
(b) is attempting or may attempt to enter Great Britain with a view
to being concerned in the commission, preparation or
instigation of such acts of terrorism,
the Secretary of State may make an exclusion order against him.
(2) An exclusion order under this section is an order prohibiting a
person from being in, or entering, Great Britain.
(3) In deciding whether to make an exclusion order under this section
against a person who is ordinarily resident in Great Britain, the Secretary
of State shall have regard to the question whether that person's
connection with any country or territory outside Great Britain is such as
to make it appropriate that such an order should be made.
(4) An exclusion order shall not be made under this section against a
person who is a British citizen and who
(a) is at the time ordinarily resident in Great Britain and has then
been ordinarily resident in Great Britain throughout the last
three years; or
(b) is at the time subject to an order under section 6 below.
6.-(1) If the Secretary of State is satisfied that any person -
(a) is or has been concerned in the commission, preparation or
instigation of acts of terrorism to which this Part of this Act
applies; or
(b) is attempting or may attempt to enter Northern Ireland with a
view to being concerned in the commission, preparation or
instigation of such acts of terrorism,
the Secretary of State may make an exclusion order against him.
(2) An exclusion order under this section is an order prohibiting a
person from being in, or entering, Northern Ireland.
(3) In deciding whether to make an exclusion order under this section
against a person who is ordinarily resident in Northern Ireland, the
Secretary of State shall have regard to the question whether that person's
connection with any country or territory outside Northern Ireland is such
as to make it appropriate that such an order should be made.
(4) An exclusion order shall not be made under this section against a
person who is a British citizen and who
(a) is at the time ordinarily resident in Northern Ireland and has
then been ordinarily resident in Northern Ireland throughout
the last three years; or
(b) is at the time subject to an order under section 5 above.
7.-(1) If the Secretary of State is satisfied that any person -
(a) is or has been concerned in the commission, preparation or
instigation of acts of terrorism to which this Part of this Act
applies; or
(b) is attempting or may attempt to enter Great Britain or Northern
Ireland with a view to being concerned in the commission,
preparation or instigation of such acts of terrorism,
the Secretary of State may make an exclusion order against him.
(2) An exclusion order under this section is an order prohibiting a
person from being in, or entering, the United Kingdom.
(3) In deciding whether to make an exclusion order under this section
against a person who is ordinarily resident in the United Kingdom, the
Secretary of State shall have regard to the question whether that person's
connection with any country or territory outside the United Kingdom is
such as to make it appropriate that such an order should be made.
(4) An exclusion order shall not be made under this section against a
person who is a British citizen.
8.-(1) A person who is subject to an exclusion order is guilty of an
offence if he fails to comply with the order at a time after he has been, or
has become liable to be, removed under Schedule 2 to this Act.
(2) A person is guilty of an offence -
(a) if he is knowingly concerned in arrangements for securing or
facilitating the entry into Great Britain, Northern Ireland or the
United Kingdom of a person whom he knows, or has
reasonable grounds for believing, to be an excluded person; or
(b) if he knowingly harbours such a person in Great Britain,
Northern Ireland or the United Kingdom.
(3) In subsection (2) above "excluded person" means -
(a) in relation to Great Britain, a person subject to an exclusion
order made under section 5 above who has been, or has become
liable to be, removed from Great Britain under Schedule 2 to
this Act;
(b) in relation to Northern Ireland, a person subject to an exclusion
order made under section 6 above who has been, or has become
liable to be, removed from Northern Ireland under that
Schedule; and
(c) in relation to the United Kingdom, a person subject to an
exclusion order made under section 7 above who has been, or
has become liable to be, removed from the United Kingdom
under that Schedule.
(4) A person guilty of an offence under this section is liable -
(a) on conviction on indictment, to imprisonment for a term not
exceeding five years or a fine or both;
(b) on summary conviction, to imprisonment for a term not exceeding
six months or a fine not exceeding the statutory maximum or both.
PART III
FINANCIAL ASSISTANCE FOR TERRORISM
9.-(1) A person is guilty of an offence if he -
(a) solicits or invites any other person to give, lend or otherwise
make available, whether for consideration or not, any money or
other property; or
(b) receives or accepts from any other person, whether for
consideration or not, any money or other property,
intending that it shall be applied or used for the commission of, or in
furtherance of or in connection with, acts of terrorism to which this
section applies or having reasonable cause to suspect that it may be so
used or applied.
(2) A person is guilty of an offence if he -
(a) gives, lends or otherwise makes available to any other person,
whether for consideration or not, any money or other property;
or
(b) enters into or is otherwise concerned in an arrangement whereby
money or other property is or is to be made available to another
person,
knowing or having reasonable cause to suspect that it will or may be
applied or used as mentioned in subsection (1) above.
(3) The acts of terrorism to which this section applies are -
(a) acts of terrorism connected with the affairs of Northern Ireland;
and
(b) subject to subsection (4) below, acts of terrorism of any other
description except acts connected solely with the affairs of the
United Kingdom or any part of the United Kingdom other than
Northern Ireland.
(4) Subsection (3)(b) above does not apply to an act done or to be done
outside the United Kingdom unless it constitutes or would constitute an
offence triable in the United Kingdom.
(5) In proceedings against a person for an offence under this section in
relation to an act within subsection (3)(b) above done or to be done
outside the United Kingdom -
(a) the prosecution need not prove that that person knew or had
reasonable cause to suspect that the act constituted or would
constitute such an offence as is mentioned in subsection (4)
above; but
(b) it shall be a defence to prove that he did not know and had no
reasonable cause to suspect that the facts were such that the act
constituted or would constitute such an offence.
1O.-(1) A person is guilty of an offence if he -
(a) solicits or invites any other person to give, lend or otherwise
make available, whether for consideration or not, any money or
other property for the benefit of a proscribed organisation;
(b) gives, lends or otherwise makes available or receives or accepts,
whether for consideration or not, any money or other property
for the benefit of such an organisation; or
(c) enters into or is otherwise concerned in an arrangement whereby
money or other property is or is to be made available for the
benefit of such an organisation.
(2) In proceedings against a person for an offence under subsection
(1)(b) above it is a defence to prove that he did not know and had no
reasonable cause to suspect that the money or property was for the benefit
of a proscribed organisation; and in proceedings against a person for an
offence under subsection (1)(c) above it is a defence to prove that he did
not know and had no reasonable cause to suspect that the arrangement
related to a proscribed organisation.
(3) In this section and sections 11 and 13 below "proscribed
organisation" includes a proscribed organisation for the purposes of
section 21 of the Northern Ireland (Emergency Provisions) Act 1978.
11.-(1) A person is guilty of an offence if he enters into or is otherwise
concerned in an arrangement whereby the retention or control by or on
behalf of another person of terrorist funds is facilitated, whether by
concealment, removal from the jurisdiction, transfer to nominees or
otherwise.
(2) In proceedings against a person for an offence under this section it
is a defence to prove that he did not know and had no reasonable cause to
suspect that the arrangement related to terrorist funds.
(3) In this section and section 12 below "terrorist funds" means -
(a) funds which may be applied or used for the commission of, or in
furtherance of or in connection with, acts of terrorism to which
section 9 above applies;
(b) the proceeds of the commission of such acts of terrorism or of
activities engaged in in furtherance of or in connection with
such acts; and
(c) the resources of a proscribed organisation.
(4) Paragraph (b) of subsection (3) includes any property which in
whole or in part directly or indirectly represents such proceeds as are
mentioned in that paragraph; and paragraph (c) of that subsection
includes any money or other property which is or is to be applied or made
available for the benefit of a proscribed organisation.
12.-(1) A person may notwithstanding any restriction on the disclosure
of information imposed by contract disclose to a constable a suspicion or
belief that any money or other property is or is derived from terrorist
funds or any matter on which such a suspicion or belief is based.
(2) A person who enters into or is otherwise concerned in any such
transaction or arrangement as is mentioned in section 9, 10 or 11 above
does not commit an offence under that section if he is acting with the
express consent of a constable or if -
(a) he discloses to a constable his suspicion or belief that the money
or other property concerned is or is derived from terrorist funds
or any matter on which such a suspicion or belief is based; and
(b) the disclosure is made after he enters into or otherwise becomes
concerned in the transaction or arrangement in question but is
made on his own initiative and as soon as it is reasonable for him
to make it,
but paragraphs (a) and (b) above do not apply in a case where, having
disclosed any such suspicion, belief or matter to a constable and having
been forbidden by a constable to enter into or otherwise be concerned in
the transaction or arrangement in question, he nevertheless does so.
(3) In proceedings against a person for an offence under section 9(1)(b)
or (2), 10(1)(b) or (c) or 11 above it is a defence to prove -
(a) that he intended to disclose to a constable such a suspicion, belief
or matter as is mentioned in paragraph (a) of subsection (2)
above; and
(b) that there is a reasonable excuse for his failure to make the
disclosure as mentioned in paragraph (b) of that subsection.
13.-(1) A person guilty of an offence under section 9, 10 or 11 above
is liable -
(a) on conviction on indictment, to imprisonment for a term not
exceeding fourteen years or a fine or both;
(b) on summary conviction, to imprisonment for a term not
exceeding six months or a fine not exceeding the statutory
maximum or both.
(2) Subject to the provisions of this section, the court by or before
which a person is convicted of an offence under section 9(1) or (2)(a)
above may order the forfeiture of any money or other property -
(a) which, at the time of the offence, he had in his possession or
under his control; and
(b) which, at that time -
(i) in the case of an offence under subsection (1) of section
9, he intended should be applied or used, or had reasonable
cause to suspect might be applied or used, as mentioned in
that subsection;
(ii) in the case of an offence under subsection (2)(a) of that
section, he knew or had reasonable cause to suspect would or
might be applied or used as mentioned in subsection (1) of
that section.
(3) Subject to the provisions of this section, the court by or before
which a person is convicted of an offence under section 9(2)(b), 10(1)(c)
or 11 above may order the forfeiture of the money or other property to
which the arrangement in question related and which, in the case of an
offence under section 9(2)(b), he knew or had reasonable cause to suspect
would or might be applied or used as mentioned in section 9(1) above.
(4) Subject to the provisions of this section, the court by or before
which a person is convicted of an offence under section 10(1)(a) or (b)
above may order the forfeiture of any money or other property which, at
the time of the offence, he had in his possession or under his control for
the use or benefit of a proscribed organisation.
(5) The court shall not under this section make an order forfeiting any
money or other property unless the court considers that the money or
property may, unless forfeited, be applied or used as mentioned in section
9(1) above but the court may, in the absence of evidence to the contrary,
assume that any money or property may be applied or used as there
mentioned.
(6) Where a person other than the convicted person claims to be the
owner of or otherwise interested in anything which can be forfeited by an
order under this section, the court shall, before making such an order in
respect of it, give him an opportunity to be heard.
(7) A court in Scotland shall not make an order under subsection (2),
(3) or (4) above except on the application of the prosecutor when he
moves for sentence; and for the purposes of any appeal or review an order
under any of those subsections made by a court in Scotland is a sentence.
(8) Schedule 4 to this Act shall have effect in relation to orders under
this section.
PART IV
ARREST, DETENTION AND CONTROL OF ENTRY
14.-(1) Subject to subsection (2) below, a constable may arrest
without warrant a person whom he has reasonable grounds for suspecting
to be -
(a) a person guilty of an offence under section 2,8,9,10 or 11 above;
(b) a person who is or has been concerned in the commission,
preparation or instigation of acts of terrorism to which this
section applies; or
(c) a person subject to an exclusion order.
(2) The acts of terrorism to which this section applies are -
(a) acts of terrorism connected with the affairs of Northern Ireland;
and
(b) acts of terrorism of any other description except acts connected
solely with the affairs of the United Kingdom or any part of the
United Kingdom other than Northern Ireland.
(3) The power of arrest conferred by subsection (1)(c) above is
exercisable only -
(a) in Great Britain if the exclusion order was made under section 5
above; and
(b) in Northern Ireland if it was made under section 6 above.
(4) Subject to subsection (5) below, a person arrested under this section
shall not be detained in right of the arrest for more than forty-eight hours
after his arrest.
(5) The Secretary of State may, in any particular case, extend the period
of forty-eight hours mentioned in subsection (4) above by a period or periods
specified by him, but any such further period or periods shall not exceed
five days in all and if an application for such an extension is made the
person detained shall as soon as practicable be given written notice of that
fact and of the time when the application was made.
(6) The exercise of the detention powers conferred by this section shall
be subject to supervision in accordance with Schedule 3 to this Act.
(7) The provisions of this section are without prejudice to any power
of arrest exercisable apart from this section.
15.-(1) If a justice of the peace is satisfied that there are reasonable
grounds for suspecting that a person whom a constable believes to be
liable to arrest under section 14(1)(b) above is to be found on any
premises he may grant a search warrant authorising any constable to
enter those premises for the purpose of searching for and arresting that
person.
(2) In Scotland the power to issue a warrant under subsection (1)
above shall be exercised by a sheriff or a justice of the peace, an
application for such a warrant shall be supported by evidence on oath and
a warrant shall not authorise a constable to enter any premises unless he
is a constable for the police area in which they are situated.
(3) In any circumstances in which a constable has power under section
14 above to arrest a person, he may also, for the purpose of ascertaining
whether he has in his possession any document or other article which may
constitute evidence that he is a person liable to arrest, stop that person
and search him.
(4) Where a constable has arrested a person under that section for any
reason other than the commission of a criminal offence, he, or any other
constable, may search him for the purpose of ascertaining whether he has
in his possession any document or other article which may constitute
evidence that he is a person liable to arrest.
(5) A search of a person under subsection (3) or (4) above may only be
carried out by a person of the same sex.
(6) A person detained under section 14 above shall be deemed to be in
legal custody at any time when he is so detained and may be detained in
such a place as the Secretary of State may from time to time direct.
(7) The following provisions (requirement to bring accused person
before the court after his arrest) shall not apply to a person detained in
right of an arrest under section 14 above
(a) section 321(3) of the Criminal Procedure (Scotland) Act 1975;
(b) Article 131 of the Magistrates' Courts (Northern Ireland) Order
1981;
. (c) section 50(3) of the Children and Young Persons Act (Northern
Ireland) 1968.
(8) Section 295(1) of the Criminal Procedure (Scotland) Act 1975
(interim liberation by officer in charge of police station) shall not apply
to a person detained in right of an arrest under section 14 above.
(9) Where a person is detained under section 14 above, any constable
or prison officer, or any other person authorised by the Secretary of State,
may take all such steps as may be reasonably necessary for
photographing, measuring or otherwise identifying him.
(10) Section 61(1) to (8) of the Police and Criminal Evidence Act 1984
(fingerprinting) shall apply to the taking of a person's fingerprints by a
constable under subsection (9) above as if for subsection (4) there were
substituted -
"(4) An officer may only give an authorisation under subsection
(3)(a) above for the taking of a person's fingerprints if he is satisfied
that it is necessary to do so in order to assist in determining -
(a) whether that person is or has been concerned in the
commission, preparation or instigation of acts of
terrorism to which section 14 of the Prevention of
Terrorism (Temporary Provisions) Act 199 applies; or
(b) whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person's
involvement in an offence under any of the provisions mentioned in
subsection (1)(a) of that section and for believing that his
fingerprints will tend to confirm or disprove his involvement."
16.-(1) Schedule 5 to this Act shall have effect for conferring powers
to examine persons arriving in or leaving Great Britain or Northern
Ireland and for connected purposes.
(2) The exercise of the examination and detention powers conferred by
paragraphs 2 and 6 of that Schedule shall be subject to supervision in
accordance with Schedule 3 to this Act.
(3) The designated ports for the purposes of paragraph 8 of Schedule
5 to this Act shall be those specified in Schedule 6 to this Act but the
Secretary of State may by order add any port to, or remove any port from,
that Schedule.
(4) Without prejudice to the provisions of Schedule 5 to this Act with
respect to persons who enter or leave Northern Ireland by land or who
seek to do so, the Secretary of State may by order make such further
provision with respect to those persons as appears to him to be expedient.
(5) The power to make orders under this section shall be exercisable by
statutory instrument.
(6) An order under subsection (4) above may contain transitional
provisions and savings and shall be subject to annulment in pursuance of
a resolution of either House of Parliament.
PART V
INFORMATION, PROCEEDINGS AND INTERPRETATION
17.-(1) Schedule 7 to this Act shall have effect for conferring powers
to obtain information for the purposes of terrorist investigations, that
to say -
(a) investigations into -
(i) the commission, preparation or instigation of acts of terrorism
to which section 14 above applies; or
(ii) any other act which appears to have been done in furtherance of
or in connection with such acts of terrorism, including any act
which appears to constitute an offence under section 2, 9, 10 or
11 above or section 21 of the Northern Ireland (Emergency
Provisions) Act 1978; or
(iii) without prejudice to sub-paragraph (ii) above, the resources of
a proscribed organisation within the meaning of this Act or a
proscribed organisation for the purposes of section 21 of the
said Act of 1978; and
(b) investigations into whether there are grounds justifying the
making of an order under section 1(2)(a) above or section 21(4)
of that Act.
(2) Where in relation to a terrorist investigation a warrant or order
under Schedule 7 to this Act has been issued or made or has been applied
for and not refused, a person is guilty of an offence if, knowing or having
reasonable cause to suspect that the investigation is taking place, he -
(a) makes any disclosure which is likely to prejudice the
investigation; or
(b) falsifies, conceals or destroys or otherwise disposes of, or causes
or permits the falsification, concealment, destruction or
disposal of, material which is or is likely to be relevant to the
investigation.
(3) In proceedings against a person for an offence under subsection
(2)(a) above it is a defence to prove -
(a) that he did not know and had no reasonable cause to suspect that
the disclosure was likely to prejudice the investigation; or
(b) that he had lawful authority or reasonable excuse for making the
disclosure.
(4) In proceedings against a person for an offence under subsection
(2)(b) above it is a defence to prove that he had no intention of concealing
any information contained in the material in question from the persons
carrying out the investigation.
(5) A person guilty of an offence under subsection (2) above is liable -
(a) on conviction on indictment, to imprisonment for a term not
exceeding five years or a fine or both;
(b) on summary conviction, to imprisonment for a term not
exceeding six months or a fine not exceeding the statutory
maximum or both.
18.-(1) A person is guilty of an offence if he has information which he
knows or believes might be of material assistance -
(a) in preventing the commission by any other person of an act of
terrorism connected with the affairs of Northern Ireland; or
(b) in securing the apprehension, prosecution or conviction of any
other person for an offence involving the commission,
preparation or instigation of such an act,
and fails without reasonable excuse to disclose that information as soon
as reasonably practicable -
(i) in England and Wales, to a constable;
(ii) in Scotland, to a constable or the procurator fiscal; or
(iii) in Northern Ireland, to a constable or a member of
Her Majesty's Forces.
(2) A person guilty of an offence under this section is liable -
(a) on conviction on indictment, to imprisonment for a term not
exceeding five years or a fine or both;
(b) on summary conviction, to imprisonment for a term not
exceeding six months or a fine not exceeding the statutory
maximum or both.
(3) Proceedings for an offence under this section may be taken, and the
offence may for the purposes of those proceedings be treated as having
been committed, in any place where the person to be charged is or has at
any time been since he first knew or believed that the information might
be of material assistance as mentioned in subsection (1) above.
19.(1) Proceedings shall not be instituted-
(a) in England and Wales for an offence under section 2,3,8,9,10,
11, 17or 18 above or Schedule 7 to this Act except by or with the
consent of the Attorney General; or
(b) in Northern Ireland for an offence under section 8,9,10,11,17
or 18 above or Schedule 7 to this Act except by or with the
consent of the Attorney General for Northern Ireland.
(2) Any document purporting to be an order, notice or direction made
or given by the Secretary of State for the purposes of any provision of this
Act and to be signed by him or on his behalf shall be received in evidence,
and shall, until the contrary is proved, be deemed to be made or given by
him.
(3) A document bearing a certificate purporting to be signed by or on
behalf of the Secretary of State and stating that the document is a true
copy of such an order, notice or direction shall, in any legal proceedings,
be evidence, and in Scotland sufficient evidence, of the order, notice or
direction.
2O.-(1) In this Act -
"aircraft" includes hovercraft;
"captain" means master of a ship or commander of an aircraft;
"examining officer" has the meaning given in paragraph 1 of
Schedule 5 to this Act;
"exclusion order" has the meaning given by section 4(3) above but
subject to section 25(3) below;
"the Islands" means the Channel Islands or the Isle of Man;
"port" includes airport and hoverport;
"premises" includes any place and in particular includes -
(a) any vehicle, vessel or aircraft;
(b) any offshore installation as defined in section 1 of the
Mineral Workings (Offshore Installations) Act 1971; and
(c) any tent or movable structure;
"property" includes property wherever situated and whether real or
personal, heritable or movable and things in action and other
intangible or incorporeal property;
"ship" includes every description of vessel used in navigation;
"terrorism" means the use of violence for political ends, and includes
any use of violence for the purpose of putting the public or any
section of the public in fear;
"vehicle" includes a train and carriages forming part of a train.
(2) A constable or examining officer may, if necessary, use reasonable
force for the purpose of exercising any powers conferred on him under or
by virtue of any provision of this Act other than paragraph 2 of Schedule
5; but this subsection is without prejudice to any provision of this Act,
or of any instrument made under it, which implies that a person may use
reasonable force in connection with that provision.
(3) The powers conferred by Part II and section 16 of, and Schedules 2
and 5 to, this Act shall be exercisable notwithstanding the rights
conferred by section 1 of the Immigration Act 1971 (general principles
regulating entry into and stay in the United Kingdom).
(4) Any reference in a provision of this Act to a person having been
concerned in the commission, preparation or instigation of acts of
terrorism shall be taken to be a reference to his having been so concerned
at any time, whether before or after the passing of this Act.
PART VI
FURTHER PROVISIONS FOR NORTHERN IRELAND
21.-(1) The powers conferred by this section shall be exercisable by a
person (whether a member of Her Majesty's forces or a constable)
carrying out a search under section 15(1) or (2) of the Northern Ireland
(Emergency Provisions) Act 1978 (search for munitions, radio
transmitters and scanning receivers).
(2) If the person carrying out the search reasonably believes that it is
necessary to do so for the purpose of effectively carrying out the search or
of preventing the frustration of its object he may -
(a) require any person who when the search begins is on, or during
the search enters, the premises or other place where the search is
carried out ("the place of search") to remain in, or in a specified
part of, that place, to refrain from entering a specified part of it
or to go from one specified part of it to another specified part;
(b) require any person who is not resident in the place of search to
refrain from entering it; and
(c) use reasonable force to secure compliance with any such
requirement.
(3) Where by virtue of section 20 of the said Act of 1978a search under
section 15(1) or (2) of that Act is carried out in relation to a vessel,
aircraft or vehicle, the person carrying out the search may, if he reasonably
believes that it is necessary to do so for the purpose mentioned in
subsection (2) above -
(a) require any person in or on the vessel, aircraft or vehicle to
remain with it or, in the case of a vessel or vehicle which by
virtue of section 20(4) of that Act is removed for the purpose of
the search, to go to and remain at the place to which it is
removed; and
(b) use reasonable force to secure compliance with any such
requirement.
(4) No requirement imposed under this section shall have effect after
the conclusion of the search in relation to which it was imposed; and no
such requirement shall be imposed or have effect after the end of the
period of four hours beginning with the time when that or any other
requirement was first imposed under this section in relation to the search
in question but a police officer of at least the rank of superintendent may
extend that period by a further period of four hours if he reasonably
believes that it is necessary to do so for the purpose mentioned in
subsection (2) above.
(5) A person who wilfully fails to comply with a requirement imposed
under this section or wilfully obstructs, or seeks to frustrate the object
of, a search in relation to which such a requirement has been or could be
imposed is guilty of an offence and liable -
(a) on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine or both;
(b) on summary conviction, to imprisonment for a term not
exceeding six months or a fine not exceeding the statutory
maximum or both.
(6) Sections 13 and 14 of the said Act of 1978 (powers of arrest) and
section 29 of that Act (restriction of prosecutions) shall apply to an
offence under subsection (5) above.
(7) At the end of section 1 5(3)(b) of the said Act of 1978 (power to
search persons) there shall be inserted the words "and search any person
entering or found in a dwelling-house entered under subsection (2)
above".
(8) The powers conferred by this section are without prejudice to any
powers exercisable apart from this section where a member of Her
Majesty's forces or a constable is exercising a power of search.
22.-(1) The remission granted under prison rules in respect of a
sentence of imprisonment passed in Northern Ireland for a scheduled
offence within the meaning of the Northern Ireland (Emergency
Provisions) Act 1978 shall not, where it is for a term of five years or more,
exceed one-third of that term.
(2) Where a person is sentenced on the same occasion for two or more
such offences to terms which are consecutive subsection (1) above shall
apply as if those terms were a single term.
(3) Where a person is serving two or more terms which are consecutive
but not all subject to subsection (1) above, the maximum remission
granted under prison rules in respect of those terms taken together shall
be arrived at by calculating the maximum remission for each term separately
and aggregating the result.
(4) In this section "prison rules" means rules made under section 13 of
the Prison Act (Northern Ireland) 1953.
(5) The Secretary of State may by order made by statutory instrument
substitute a different length of sentence and a different maximum period of
remission for those mentioned in subsection (1) above; and any such order
shall be subject to annulment in pursuance of a resolution of either House
of Parliament.
(6) This section applies where the scheduled offence is committed while
this section is in force.
23.-(1) This section applies where a person who has been sentenced to
imprisonment or a term of detention in a young offenders centre for a
period exceeding one year -
(a) is discharged from prison or the centre in pursuance of prison
rules; and
(b) before that sentence or term of detention would (but for that
discharge) have expired he commits, and is convicted on
indictment of, a scheduled offence within the meaning of the
Northern Ireland (Emergency Provisions) Act 1978.
(2) If the court before which he is convicted of the scheduled offence
sentences him to imprisonment or a term of detention it shall in addition
order him to be returned to prison or, where appropriate, to a young
offenders centre for the period between the date of the order and the date
on which the sentence of imprisonment or term of detention mentioned in
subsection (1) above would have expired but for his discharge.
(3) No order shall be made under subsection (2) above if the sentence
imposed by the court is a suspended sentence or a sentence of life
imprisonment or of detention during the Secretary of State's pleasure
under section 73(l) of the Children and Young Persons Act (Northern
Ireland) 1968; and any order made by a court under that subsection shall
cease to have effect if an appeal results in the acquittal of the person
concerned or in the substitution of a sentence other than one in respect of
which the duty imposed by that subsection applies.
(4) The period for which a person is ordered under this section to be
returned to prison or a young offenders centre -
(a) shall be taken to be a sentence of imprisonment or term of
detention for the purposes of the Prison Act (Northern Ireland)
1953 and for the purposes of the Treatment of Offenders Act
(Northern Ireland) 1968 other than section 26(2) (reduction for
time spent in custody);
(b) shall not be subject to any provision of prison rules for discharge
before expiry; and
(c) shall be served before, and be followed by, the sentence or term
imposed for the scheduled offence and be disregarded in
determining the appropriate length of that sentence or term.
(5) For the purposes of this section a certificate purporting to be signed
by the governor or deputy governor of a prison or young offenders centre
which specifies -
(a) the date on which a person was discharged from prison or a
young offenders centre;
(b) the sentence or term which the person was serving at the time of
his discharge, the offence in respect of which the sentence or
term was imposed and the date on which he was convicted of
that offence;
(c) the date on which the person would, but for his discharge in
pursuance of prison rules, have been discharged from prison or
a young offenders centre,
shall be evidence of the matters so specified.
(6) In this section -
"prison rules" means rules made under section 13 of the Prison Act
(Northern Ireland) 1953;
"sentence of imprisonment" does not include a committal in default
of payment of any sum of money or for want of sufficient
distress to satisfy any sum of money or for failure to do or
abstain from doing anything required to be done or left undone;
"young offenders centre" has the meaning assigned to it by section
2(a) of the Treatment of Offenders Act (Northern Ireland) 1968.
(7) For the purposes of subsection (1) above consecutive terms of
imprisonment or of detention in a young offenders centre shall be treated
as a single term and a sentence of imprisonment or detention in a young
offenders centre includes -
(a) a sentence or term passed by a court in the United Kingdom, the
Channel Islands or the Isle of Man;
(b) in the case of imprisonment, a sentence passed by a court-martial
on a person found guilty of a civil offence within the meaning
of the Army Act 1955, the Air Force Act 1955 and the Naval
Discipline Act 1957.
(8) The Secretary of State may by order made by statutory instrument
substitute a different period for the period of one year mentioned in
subsection (1) above; and any such order shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
(9) This section applies where the scheduled offence is committed while
this section is in force but irrespective of when the discharge from prison
or a young offenders centre took place.
24.-(1) The grounds on which the Secretary of State may reject an
application for a licence under section 6 of the Explosives Act 1875 (new
explosives factories and magazines) shall include the ground that the
establishment of the factory or magazine in question is undesirable in the
interests of safeguarding national security or protecting public safety; and
a licence granted under that section may be withdrawn by him on that
ground at any time before it comes into force.
(2) The Secretary of State may also refuse a licence under section 15 or
registration under section 21 of that Act (explosives stores and other
premises for keeping explosives) on the ground that the establishment of
the store or, as the case may be, the keeping of explosives on the premises
in question is undesirable in the interests of safeguarding national security
or protecting public safety.
PART VII
SUPPLEMENTARY
25.-(1) The enactments mentioned in Schedule 8 to this Act shall have effect
with the amendments there specified, being amendments consequential on the
provisions of this Act.
(2) The enactments mentioned in Part I of Schedule 9 to this Act are hereby
repealed to the extent specified in the third column of that Schedule; and the
Orders mentioned in Part II of that Schedule are hereby revoked.
(3) Any exclusion order in force under any provision of Part II of the
Prevention of Terrorism (Temporary Provisions) Act 1984 ("the former
Act") shall have effect as if made under the corresponding provision of
Part II of this Act and references in this Act to an exclusion order shall be
construed accordingly.
(4) Any person who immediately before 22nd March 1989 is being
detained under any provision of the former Act or of an order made under
section 13 of that Act shall be treated as lawfully detained under the
corresponding provision of this Act.
(5) Paragraph 2 of Schedule 5 to this Act shall not apply in relation to
a person whose examination under any corresponding provision of an
order made under section 13 of the former Act has begun but has not been
concluded before the coming into force of that paragraph, and that
provision shall continue to apply to him but any reference in this Act to
examination under that paragraph shall include a reference to
examination under that corresponding provision.
(6) The expiry of the former Act and its repeal by this Act shall not
affect the operation of any Order in Council extending it to any of the
Channel Islands or the Isle of Man; but any such Order may be revoked
as if made under section 28(3) below and, notwithstanding anything
contained in any such Order, shall continue in operation until revoked.
26. There shall be paid out of money provided by Parliament -
(a) any expenses incurred under this Act by the Secretary of State or
the Lord Advocate; and
(b) any increase attributable to this Act in the sums payable out of
such money under any other Act;
and any sums received by the Secretary of State under this Act shall be
paid into the Consolidated Fund.
27.-(1) Subject to subsections (2), (3) and (4) below, this Act shall
come into force on 22nd March 1989.
(2) Sections 22 to 24 shall come into force on the day after that on
which this Act is passed.
(3) Schedule 3 and paragraphs 8 to 10, 18 to 20,28 to 30 and 34 of
Schedule 4shall come into force on such day as the Secretary of State may
appoint by an order made by statutory instrument; and different days
may be appointed for different provisions or different purposes and for
England and Wales, for Scotland and for Northern Ireland.
(4) The repeal by Schedule 9 of paragraph 9 of Schedule 7 shall come
into force on the coming into force of the Land Registration Act 1988.
(5) The provisions of Parts I to V of this Act and of subsection (6)(c)
below shall remain in force until 22nd March 1990 and shall then expire
unless continued in force by an order under subsection (6) below.
(6) The Secretary of State may by order made by statutory instrument
provide -
(a) that all or any of those provisions which are for the time being
in force (including any in force by virtue of an order under this
paragraph or paragraph (c) below) shall continue in force for a
period not exceeding twelve months from, the coming into
operation of the order;
(b) that all or any of those provisions which are for the time being in
force shall cease to be in force; or
(c) that all or any of those provisions which are not for the time
being in force shall come into force again and remain in force
for a period not exceeding twelve months from the coming into
operation of the order.
(7) No order shall be made under subsection (6) above unless -
(a) a draft of the order has been laid before and approved by a
resolution of each House of Parliament; or
(b) it is declared in the order that it appears to the Secretary of State
that by reason of urgency it is necessary to make the order
without a draft having been so approved.
(8) An order under that subsection of which a draft has not been
approved under section (7) above -
(a) shall be laid before Parliament; and
(b) shall cease to have effect at the end of the period of forty days
beginning with the day on which it was made unless, before the
end of that period, the order has been approved by a resolution
of each House of Parliament, but without prejudice to anything
previously done or to the making of a new order.
(9) In reckoning for the purposes of subsection (8) above the period of
forty days no account shall be taken of any period during which
Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than four days.
(10) In subsection (5) above the reference to Parts I to V of this Act
does not include a reference to the provisions of Parts III and V so far as
they have effect in Northern Ireland and relate to proscribed
organisations for the purposes of section 21 of the Northern Ireland 1978
(Emergency Provisions) Act 1978 or offences or orders under that section.
(11) The provisions excluded by subsection (10) above from subsection
(5) and the provisions of sections 21 to 24 above shall remain in force until
22nd March 1990 and then expire but shall be -
(a) included in the provisions to which subsection (3) of section 33 of
the said Act of 1978 applies (provisions that can be continued in
force, repealed or revived by order); and
(b) treated as part of that Act for the purposes of subsection (9) of
that Act (repeal on 14th May 1992).
(12) The expiry or cesser of sections 22 and 23 above shall not affect the
operation of those sections in relation to an offence committed while they
were in force.
28.-(1) This Act may be cited as the Prevention of Terrorism (Temporary
Provisions) Act 1989.
(2) This Act extends to the whole of the United Kingdom except that -
(a) Part I and section 15(1) do not extend to Northern Ireland and
sections 21 to 24, Part III of Schedule 4 and the repeal in
Schedule 9 relating to the Explosives Act 1875 extend only to
Northern Ireland;
(b) section 15(10), Part I of Schedule 4 and paragraph 7(6) of
Schedule 5 extend only to England and Wales;
(c) Part II of Schedule 4 and Part II of Schedule 7 extend only to
Scotland;
(d) Part I of Schedule 7 extends only to England, Wales and
Northern Ireland; and
(e) subject to paragraph (a) above, the amendments and repeals in
Schedules 8 and 9 have the same extent as the enactments to
which they refer.
(3) Her Majesty may by Order in Council direct that any of the
provisions of this Act shall extend, with such exceptions, adaptations and
modifications, if any, as may be specified in the Order, to any of the
Channel Islands and the Isle of Man. -
SCHEDULES
SCHEDULE 1
PROSCRIBED ORGANISATIONS
Irish Republican Army
Irish National Liberation Army
SCHEDULE 2
EXCLUSION ORDERS
Duration
1.-(1) An exclusion order may he revoked at any time by a further order
made by the Secretary of State.
(2) An exclusion order shall, unless revoked earlier, expire at the end of
the period of three years beginning with the day on which it is made.
(3) The fact that an exclusion order against a person has been revoked or
has expired shall not prevent the making of a further exclusion order against
him.
Notice of making of order
2.-(1) As soon as may he after the making of an exclusion order, notice of
the making of the order shall be served on the person against whom it has
been made; and the notice shall -
(a) set out the rights afforded to him by paragraph 3 below; and
(b) specify the manner in which those rights are to he exercised.
(2) Sub-paragraph (1) above shall not impose an obligation to take any
steps to serve a notice on a person at a time when he is outside the United
Kingdom.
(3) Where the person against whom an exclusion order is made is not for the
time being detained by virtue of this Act, the notice of the making of the
order may he served on him by posting it to him at his last known address.
Right to make representations
3.-(1) If after being served with notice of the making of an exclusion
order the person against whom it is made objects to the order he may -
(a) make representations in writing to the Secretary of State setting out
the grounds of his objections; and
(b) include in those representations a request for a personal interview
with the person or persons nominated by the Secretary of State under
sub-paragraph (5) below.
(2) Subject to sub-paragraphs (3) and (4) below, a person against whom an
exclusion order has been made must exercise his rights conferred by sub-
paragraph (1) above within seven days of the service of the notice.
(3) Where before the end of that period -
(a) he has consented to his removal under paragraph 5 below from Great
Britain, Northern Ireland or the United Kingdom, as the case may be;
and
(b) he has been removed accordingly,
he may exercise the rights conferred by sub-paragraph (1) above within
fourteen days of his removal.
(4) Where at the time when the notice of an exclusion order is served on a
person he is in a part of the United Kingdom other than that from which the
order excludes him he may exercise the rights conferred by sub-paragraph (1)
above within fourteen days of the service of the notice.
(5) If a person exercises those rights within the period within which they
are required to be exercised by him, the matter shall be referred for the
advice of one or more persons nominated by the Secretary of State.
(6) Where sub-paragraph (2) above applies, the person against whom the
exclusion order has been made shall be granted a personal interview with the
person or persons so nominated.
(7) Where sub-paragraph (3) or (4) above applies, the person against whom
the exclusion order has been made shall be granted a personal interview with
the person or persons so nominated if it appears to the Secretary of State
that it is reasonably practicable to grant him such an interview in an
appropriate country or territory within a reasonable period from the date on
which he made his representations.
(8) In sub-paragraph (7) above "an appropriate country or territory"
means-
(a) Northern Ireland or the Republic of Ireland if the exclusion order
was made under section 5 of this Act;
(b) Great Britain or the Republic of Ireland if it was made under section
6 of this Act;
(c) the Republic of Ireland if it was made under section 7 of this Act.
(9) Where it appears to the Secretary of State that it is reasonably
practicable to grant a personal interview in more than one appropriate
country or territory he may grant the interview in whichever of them he
thinks fit.
(10) It shall be for the Secretary of State to determine the place in any
country or territory at which an interview under this paragraph is to be
granted.
Reconsideration of exclusion order following representations
4.-(1) Where the Secretary of State receives representations in respect of
an exclusion order under paragraph 3 above he shall reconsider the matter as
soon as reasonably practicable after receiving the representations and any
report of an interview relating to the matter which has been granted under
that paragraph.
(2) In reconsidering a matter under this paragraph the Secretary of State
shall take into account everything which appears to him to be relevant and in
particular -
(a) the representations relating to the matter made to him under
paragraph 3 above;
(b) the advice of the person or persons to whom the matter was referred
by him under that paragraph; and
(c) the report of any interview relating to the matter granted under that
paragraph.
(3) The Secretary of State shall thereafter, if it is reasonably
practicable to do so, give notice in writing to the person against whom the
exclusion order has been made of any decision he takes as to whether or not
to revoke the order.
Powers of removal
5. Where an exclusion order has been made against a person and notice of
the making of the order has been served on him, the Secretary of State may
have him removed from the relevant territory -
(a) if he consents;
(b) if the period mentioned in paragraph 3(2) above has expired and he
has not made representations relating to the matter in accordance
with that paragraph; or
(c) if he has made such representations but the Secretary of State has
notified him that he has decided not to revoke the order.
Removal directions
6.-(1) The Secretary of State may in accordance with the following
provisions of this paragraph give directions for the removal from the
relevant territory of any person subject to an exclusion order; but a person
shall not be removed in pursuance of the directions until notice of the
making of the order has been served on him and one of the conditions in
paragraph 5(a), (b) and (c) above is fulfilled.
(2) Directions under this paragraph above may
(a) directions given to the captain of a ship or aircraft about to leave
the relevant territory requiring him to remove the person in question
from that territory in that ship or aircraft; or
(b) directions given to the owners or agents of any ship or aircraft
requiring them to make arrangements for the removal from the relevant
territory of the person in question in a ship or aircraft specified
or indicated in the directions; or
(c) directions for the removal from the relevant territory of the person
in question in accordance with arrangements to be made by the
Secretary of State;
and any such directions shall specify the country or territory to which the
person in question is to be removed.
(3) Directions under this paragraph may also be given for the removal of a
person by land to the Republic of Ireland; and those directions may be -
(a) directions given to the driver or owner of any vehicle (being, in the
case of a private vehicle, one in which that person arrived in
Northern Ireland) requiring him to remove the person in question to
the Republic of Ireland in a vehicle specified in the directions; or
(b) directions for the removal of the person in question in accordance
with arrangements to be made by the Secretary of State.
(4) No directions under this paragraph shall be for the removal of a person
to any country or territory other than one -
(a) of which the person in question is a national or citizen;
(b) in which he obtained a passport or other document of identity; or
(c) to which there is reason to believe that he will be admitted;
and no such directions shall be given for the removal of a British citizen,
a British Dependent Territories citizen, a British Overseas citizen or a
British National (Overseas) to a country or territory outside the United
Kingdom unless he is also a national or citizen of, or has indicated that
he is willing to be removed to, that country or territory.
(5) Where -
(a) a person is found on examination under Schedule 5 to this Act to be
subject to an exclusion order; or
(b) an exclusion order is made against a person following such an
examination,
the power to give directions for his removal under any provision of this
paragraph except sub-paragraphs (2)(c) and (3)(b) shall be exercisable by an
examining officer as well as by the Secretary of State; and where any such
person has arrived in a ship or aircraft (including arrival as a transit
passenger, member of the crew or other person not seeking to enter Great
Britain or Northern Ireland) the countries or territories to which he may be
directed to be removed under sub-paragraph (2) above include the country or
territory in which he embarked on that ship or aircraft.
(6) A person in respect of whom directions are given under this paragraph
may be placed under the authority of the Secretary of State or an examining
officer on board any ship or aircraft or, as the case may be, in or on any
vehicle in which he is to be removed in accordance with the directions.
(7) The costs of complying with any directions under this paragraph shall
be defrayed by the Secretary of State.
(8) Any person who without reasonable excuse fails to comply with
directions given to him under this paragraph is guilty of an offence and
liable on summary conviction to imprisonment for a term not exceeding three
months or a fine not exceeding level 4 on the standard scale or both.
(9) In this paragraph "the relevant territory" means -
(a) in relation to a person subject to an exclusion order made under
section 5 of this Act, Great Britain;
(b) in relation to a person subject to an exclusion order made under
section 6 of this Act, Northern Ireland; and
(c) in relation to a person subject to an exclusion order made under
section 7 of this Act, the United Kingdom.
Detention pending removal
7.-(1) A person in respect of whom directions for removal may be given
under paragraph 6 above may be detained pending the giving of such directions
and pending removal in pursuance of the directions under the authority of the
Secretary of State or, if the directions are to be or have been given by an
examining officer, of such an officer.
(2) A person liable to be detained under this paragraph may be arrested
without warrant by an examining officer.
(3) The captain of a ship or aircraft, if so required by an examining
officer, shall prevent any person placed on board the ship or aircraft under
paragraph 6 above from disembarking in the relevant territory or, before the
directions for his removal have been fulfilled, elsewhere.
(4) Where under sub-paragraph (3) above the captain of a ship or aircraft
is required to prevent a person from disembarking he may for that purpose
detain him in custody on board the ship or aircraft.
(5) The captain of a ship or aircraft who fails to take reasonable steps to
comply with a requirement imposed under sub-paragraph (3) above is guilty of
an offence and liable on summary conviction to imprisonment for a term not
exceeding six months or a fine not exceeding level 4 on the standard scale or
both.
(6) A person may be removed from a vehicle for detention under this
paragraph.
(7) In this paragraph "relevant territory" has the same. meaning as in
paragraph 6 above.
Detention: supplementary provisions
8.-(1) If a justice of the peace is satisfied that there are reasonable
grounds for suspecting that a person liable to be arrested under paragraph
7(2) above is to be found on any premises he may grant a search warrant
authorising any constable to enter those premises for the purpose of
searching for and arresting that person.
(2) In Scotland the power to issue a warrant under sub-paragraph (1) above
shall be exercised by a sheriff or a justice of the peace, an application for
such a warrant shall be supported by evidence on oath and a warrant shall not
authorise a constable to enter any premises unless he is a constable for the
police area in which they are situated.
(3) In Northern Ireland an application for a warrant under sub-paragraph
(1) above shall be made by a complaint on oath.
(4) A person detained under this Schedule shall be deemed to be in legal
custody at any time when he is so detained and, if detained otherwise than on
board a ship or aircraft, may be detained in such a place as the Secretary of
State may from time to time direct.
(5) Where a person is detained under this Schedule, any examining officer,
constable or prison officer, or any other person authorised by the Secretary
of State, may take all such steps as may be reasonably necessary for
photographing, measuring or otherwise identifying him.
(6) Any person detained under this Schedule may be taken in the custody of
a constable or an examining officer, or of any person acting under the
authority of an examining officer, to and from any place where his attendance
is required for the purpose of establishing his nationality or citizenship or
for making arrangements for his admission to a country or territory outside
the United Kingdom or where he is required to be for any other purpose
connected with the operation of this Act.
Exemption from exclusion orders
9.-(1) When any question arises under this Act whether a person is exempted
from the provisions of section 5,6 or 7 of this Act it shall be for the
person asserting that he is exempt to prove it.
(2) A person is not to be treated as ordinarily resident in Great Britain
for the purposes of the exemption in section 5(4)(a) of this Act or in
Northern Ireland for the purpose of the exemption in section 6(4)(a) of this
Act at a time when he is there in breach of -
(a) an exclusion order; or
(b) the Immigration Act 1971 or any law for purposes similar to that Act
in force in the United Kingdom after the passing of this Act.
(3) In each of those exemptions "the last three years" is to be taken as a
period amounting in total to three years exclusive of any time during
which he person claiming exemption was undergoing imprisonment or
detention for a period of six months or more by virtue of a sentence passed
for an offence on a conviction in the United Kingdom or in any of the
Islands.
(4) In sub-paragraph (3) above -
(a) "sentence" includes any order made on conviction of an offence;
(b) two or more sentences for consecutive (or partly consecutive) terms
shall be treated as a single sentence;
(c) a person shall be deemed to be detained by virtue of a sentence -
(i) at any time when he is liable to imprisonment or detention by
virtue of the sentence but is unlawfully at large; and
(ii) during any period of custody by which under any relevant
enactment the term to be served under the sentence is reduced.
(5) In sub-paragraph (4)(c)(ii) above "relevant enactment" means section 67
of the Criminal Justice Act 1967 and any similar enactment which is for the
time being or has (before or after the passing of this Act) been in force in
any part of the United Kingdom or in any of the Islands.
SCHEDULE 3
SUPERVISION OF DETENTION AND EXAMINATION POWERS
Detention pending removal
1.-(1) Where a person is detained under paragraph 7 of Schedule 2 to this
Act under the authority of an examining officer his detention shall be
periodically reviewed in accordance with this paragraph by a review officer
and shall not continue unless that officer has authorised it to continue.
(2) The reviews shall be carried out as follows -
(a) the first review shall be as soon as practicable after the beginning
of the detention; and
(b) the subsequent reviews shall be at intervals of not more than twelve
hours.
(3) On any such review the review officer shall authorise the continued
detention of the person in question if, and only if, he is satisfied that
steps for giving directions for his removal or for removing him in pursuance
of the directions are being taken diligently and expeditiously.
Examination without detention
2.-(1) Where a person has been required by a notice under paragraph 2(4) of
Schedule 5 to this Act to submit to further examination but is not detained
under paragraph 6 of that Schedule his further examination shall be reviewed
by a review officer not later than twelve hours after the beginning of the
examination and shall not continue unless that officer has authorised it to
continue.
(2) The review officer shall authorise the examination to continue if, and
only if, he is satisfied that the enquiries necessary to complete the
examination are being carried out diligently and expeditiously.
Detention for examination or as suspected person
3.-(1) Where a person is detained under section 14 of this Act or under
paragraph 6 of Schedule 5 to this Act his detention shall be periodically
reviewed in accordance with this paragraph by a review officer and shall not
continue unless -
(a) that officer has authorised it to continue; or
(b) of application has been made to the Secretary of State for an
extension the period of detention under subsection (5) of that
section or sub-paragraph (3) of that paragraph.
(2) The reviews shall be carried out as follows -
(a) the first review shall be as soon as practicable after the beginning
of the detention; and
(b) the subsequent reviews shall be at intervals of not more than twelve
hours;
and no review shall be carried out after such an application as is mentioned
in sub-paragraph (1)(b) above has been made.
(3) Subject to sub-paragraph (4) below, on any such review the review
officer shall authorise the continued detention of the person in question if,
and only if, he is satisfied -
(a) that his continued detention is necessary in order to obtain (whether
by questioning him or otherwise) or to preserve evidence which -
(i) relates to an offence under section 2,8,9,10 or 11 of this
Act (in the case of detention under section 14) or under
section 8 (in the case of detention under paragraph 6 of
Schedule 5);
(ii) indicates that he is or has been concerned in the commission,
preparation or instigation of acts of terrorism to which
section 14 of this Act applies; or
(iii) indicates that he is subject to an exclusion order; and
(b) that the investigation in connection with which that person is
detained is being conducted diligently and expeditiously.
(4) The review officer may also authorise the continued detention of the
person in question -
(a) pending consideration of the question whether he is subject to an
exclusion order;
(b) pending consideration by the Secretary of State whether to make an
exclusion order against him or to serve him with notice of a decision
to make a deportation order under the Immigration Act 1971;
(c) pending a decision by the Director of Public Prosecutions or Attorney
General or, as the case may be, the Lord Advocate or the Director of
Public Prosecutions or Attorney General for Northern Ireland whether
proceedings for an offence should be instituted against him; or
(d) if he is satisfied as to the matters specified in sub-paragraph (5)
below.
(5) The matters referred to in sub-paragraph (4)(d) above are -
(a) that the continued detention of the person in question is necessary-
(i) pending a decision whether to apply to the Secretary of State
for an exclusion order to be made in respect of him or for
notice of a decision to make a deportation order under the
Immigration Act 1971 to be served on him; or
(ii) pending the making of such an application; and
(b) that consideration of that question is being undertaken, or
preparation of the application is being proceeded with, diligently
and expeditiously.
The review officer
4. The review officer shall be an officer who has not been directly
involved in the matter in connection with which the person in question is
detained or examined and -
(a) in the case of a review carried out within twenty-four hours of the
beginning of that person's detention or in the case of a review under
paragraph 2 above, shall be an officer of at least the rank of
inspector;
(b) in the case of any other review, shall be an officer of at least the
rank of superintendent.
Postponement of reviews
5.-(1) A review may be postponed -
(a) if, having regard to all the circumstances prevailing at the latest
time specified in paragraph 1(2), 2(1) or 3(2) above, it is not
practicable to carry out the review at that time;
(b) without prejudice to the generality of paragraph (a) above -
(i) if at that time the person in detention or being examined is
being questioned by a police officer or an examining officer and
the review officer is satisfied that an interruption of the
questioning for the purpose of carrying out the review would
prejudice the investigation in connection with which the person
is being detained or examined; or
(ii) if at that time no review officer is readily available.
(2) If a review is postponed under this paragraph it shall be carried out
as soon as practicable after the latest time specified for it under the
relevant provision mentioned in sub-paragraph (1)(a) above.
(3) If a review is carried out after postponement under this paragraph, the
fact that it was so carried out shall not affect any requirement of this
Schedule as to the time at which any subsequent review is to be carried out.
Representations about detention
6.-(1) Before determining whether to authorise a person's continued
detention the review officer shall give -
(a) that person (unless he is asleep); or
(b) any solicitor representing him who is available at the time of the
review,
an opportunity to make representations to him about the detention.
(2) Subject to sub-paragraph (3) below, the person whose detention is under
review or his solicitor may make representations under this paragraph either
orally or in writing.
(3) The review officer may refuse to hear oral representations from the
person whose detention is under review if he considers that he is unfit to
make such representations by reason of his condition or behaviour.
Rights of detained persons
7.-(1) Where the review officer authorises a person's continued detention
and at that time that person has not yet exercised a right conferred on him
by section 56 or 58 of the Police and Criminal Evidence Act 1984 (right of
arrested person to have someone informed and to have access to legal advice)
the review officer shall inform him of that right and, if its exercise is
being delayed in accordance with the provisions of the section in question,
that it is being so delayed.
(2) Where a review of a person's detention is carried out under paragraph 1
or 3 above at a time when his exercise of a right conferred by either of
those sections is being delayed -
(a) the review officer shall consider whether the reason or reasons for
which the delay was authorised continue to subsist; and
(b) if he is not himself the officer who authorised the delay and is of
the opinion that the reason or reasons have ceased to subsist, he
shall inform that officer of his opinion.
(3) In the application of this paragraph to Scotland for the references to
sections 56 and 58 of the said Act of 1984 there shall be substituted a
reference to section 3A of the Criminal Justice (Scotland) Act 1980.
(4) In the application of this paragraph to Northern Ireland for the
references to sections 56 and 58 of the said Act of 1984 there shall be
substituted references to sections 14 and 15 of the Northern Ireland
(Emergency Provisions) Act 1987.
Records of review
8.-(1) The review officer carrying out a review under this Schedule shall
make a written record of the outcome of the review, including, where the
continued detention or examination of the person in question is authorised,
the grounds for authorisation and, where a review is postponed, the reason
for the postponement.
(2) The record required by this paragraph shall be made in the presence of
the person detained or examined and, where his continued detention or
examination is authorised, he shall at that time be told the grounds for the
authorisation.
(3) Sub-paragraph (2) above shall not apply where the person detained or
examined is, at the time when the written record is made -
(a) incapable of understanding what is said to him;
(b) violent or likely to become violent; or
(c) in urgent need of medical attention.
(4) Where the review officer informs a detained person of the matters
mentioned in sub-paragraph (1) of paragraph 7 above he shall make a written
record of the fact that he has done so.
(5) The review officer shall also make a written record of his conclusion
on the matter which he is required to consider under sub-paragraph (2)(a) of
that paragraph, and, if he has taken action in accordance with sub-paragraph
(2)(b) of that paragraph, of the fact that he has done so.
Intervention by superior officer
9. Where the review officer is of a rank lower than superintendent and -
(a) an officer of higher rank than the review officer gives directions
relating to the person detained or examined; and
(b) the directions are at variance -
(i) with any decision made or action taken by the review officer in
the performance of a duty imposed on him by this Schedule; or
(ii) with any decision or action which would but for the directions.
have been made or taken by him in the performance of that duty,
the review officer shall refer the matter at once to an officer of the rank
of superintendent or above.
SCHEDULE 4
FORFEITURE ORDERS
PART I
ENGLAND AND WALES
Implementation of forfeiture orders
1.-(1) Where a court in England and Wales makes an order under section
13(2), (3) or (4) of this Act (in this Part of this Scheduled referred to
as a "forfeiture order") it may make an order -
(a) requiring any money or other property to which the forfeiture order
applies to be paid or handed over to the proper officer or to a
constable designated for the purpose by the chief officer of police
of a police force specified in the order;
(b) directing any such property other than money or land to be sold or
otherwise disposed of in such manner as the court may direct and the
proceeds to be paid to the proper officer;
(c) appointing a receiver to take possession, subject to such conditions
and exceptions as may be specified by the court, of any such property
which is land, to realise it in such manner as the court may direct
and to pay the proceeds to the proper officer;
(d) directing a specified part of any money, or of the proceeds of the
sale, disposal or realisation of any property, to which the
forfeiture order applies to be paid by the proper officer to or for a
specified person falling within section 13(6) of this Act;
(e) making such other provision as appears to the court to be necessary
for giving effect to the forfeiture order or to any order made by
virtue of paragraph (a), (b), (c) or (d) above.
(2) A forfeiture order shall not come into force until (disregarding any
power of a court to grant leave to appeal out of time) there is no further
possibility of the order being set aside.
(3) Any balance in the hands of the proper officer after making any payment
required under sub-paragraph (1)(d) above or paragraph 2 below shall be
treated for the purposes of section 61 of the Justices of the Peace Act 1979
(application of fines etc.) as if it were a fine imposed by a magistrates'
court.
(4) The proper officer shall, on the application of the prosecutor or
defendant in the proceedings in which a forfeiture order is made, certify in
writing the extent (if any) to which, at the date of the certificate, effect
has been given to the order in respect of the money or other property to
which it applies.
(5) In this paragraph "the proper officer" means, where the forfeiture
order is made by a magistrates' court, the clerk of that court and, where the
order is made by the Crown Court -
(a) the clerk of the magistrates' court by which the defendant was
committed to the Crown Court; or
(b) if the proceedings were instituted by a bill of indictment preferred
by virtue of section 2(2)(b) of the Administration of Justice
(Miscellaneous Provisions) Act 1933, the clerk of the magistrates'
court for the place where the trial took place;
and in this sub-paragraph references to the clerk of a magistrates' court
shall be construed in accordance with section 141 of the Magistrates' Courts
Act 1980 taking references to that Act as references to this Act.
(6) In this paragraph references to the proceeds of the sale, disposal or
realisation of property are references to the proceeds after deduction of the
costs of sale, disposal or realisation.
(7) This paragraph has effect to the exclusion of section 140 of the said
Act of 1980.
2.-(1) Where a receiver appointed under paragraph 1 above takes any
action-
(a) in relation to property which is not subject to forfeiture, being
action which he would be entitled to take if it were such property;
(b) believing, and having reasonable grounds for believing, that he is
entitled to take that action in relation to that property,
he shall not be liable to any person in respect of any loss or damage
resulting from his action except in so far as the loss or damage is caused by
his negligence.
(2) A receiver appointed under paragraph 1 above shall be entitled to be
paid his remuneration and expenses out of the proceeds of the property
realised by him or, if and so far as those proceeds are insufficient, by the
prosecutor.
Restraint orders
3.-(1) The High Court may in accordance with this paragraph by an order
(referred to in this Part of this Schedule as a "restraint order") prohibit
any person, subject to such conditions and exceptions as may be specified in
the order, from dealing with any property liable to forfeiture, that is to
say, any property in respect of which a forfeiture order has been made or in
respect of which such an order could be made in the proceedings referred to
in sub-paragraph (2) or (3) below.
(2) A restraint order may be made where -
(a) proceedings have been instituted against a defendant in England or
Wales for an offence under Part III of this Act;
(b) the proceedings have not been concluded; and
(c) either a forfeiture order has been made or it appears to the court
that there are reasonable grounds for thinking that a forfeiture
order may be made in those proceedings.
(3) A restraint order may also be made where -
(a) the court is satisfied that, whether by the laying of an information
or otherwise, a person is to be charged in England and Wales with an
offence under Part III of this Act; and
(b) it appears to the court that a forfeiture order may be made in
proceedings for the offence.
(4) In the application of the provisions of this Part of this Schedule at
a time when a restraint order may be made by virtue of sub-paragraph (3)
above references to the prosecutor shall be construed as references to the
person who the High Court is satisfied is to have the conduct of the
proposed proceedings.
(5) Where the court has made an order under this paragraph by virtue of
sub-paragraph (3) above the court may discharge the order if proceedings in
respect of the offence are not instituted (whether by the laying of an
information or otherwise) within such time as the court considers
reasonable.
(6) For the purposes of this paragraph, dealing with property includes,
without prejudice to the generality of that expression-
(a) where a debt is owed to the person concerned, making a payment to any
person in reduction of the amount of the debt; and
(b) removing the property from the jurisdiction of the High Court.
(7) In exercising the powers conferred by this paragraph the court shall
not take account of any obligations of any person having an interest in the
property subject to the restraint order which might frustrate the making of a
forfeiture order.
(8) For the purposes of this paragraph proceedings for an offence are
instituted -
(a) when a justice of the peace issues a summons or warrant under section
1 of the Magistrates' Courts Act 1980 in respect of that offence;
(b) when a person is charged with the offence after being taken into
custody without a warrant;
(c) when a bill of indictment is preferred by virtue of section 2(2)(b)
of the Administration of Justice (Miscellaneous Provisions) Act 1933;
and where the application of this sub-paragraph would result in there being
more than one time for the institution of proceedings they shall be taken to
be instituted at the earliest of those times.
(9) For the purposes of this paragraph and paragraph 4 below proceedings
are concluded-
(a) when a forfeiture order has been made in those proceedings and effect
has been given to it in respect of all the money or other property to
which it applies; or
(b) when (disregarding any power of a court to grant leave to appeal out
of time) there is no further possibility of a forfeiture order being
made in the proceedings.
4.-(1) A restraint order -
(a) may be made only on an application by the prosecutor;
(b) may be made on an ex parte application to a judge in chambers; and
(c) shall provide for notice to be given to persons affected by the
order.
(2) A restraint order -
(a) may be discharged or varied in relation to any property; and
(b) shall be discharged when proceedings for the offence are concluded.
(3) An application for the discharge or variation of a restraint order may
be made by any person affected by it.
5.-(1) Where the High Court has made a restraint order a constable may for
the purpose of preventing any property subject to the order being removed
from the jurisdiction of the court seize that property.
(2) Property seized under this paragraph shall be dealt with in accordance
with the court's directions.
6.-(1) The Land Charges Act 1972 and the Land Registration Act 1925 shall
apply -
(a) in relation to restraint orders as they apply in relation to orders
affecting land made by the court for the purpose of enforcing
judgments or recognizances; and
(b) in relation to applications for restraint orders as they apply in
relation to other pending land actions.
(2) The prosecutor shall be treated for the purposes of section 57 of the
Land Registration Act 1925 (inhibitions) as a person interested in relation
to any registered land to which a restraint order or an application for
such an order relates.
Compensation
7.-(1) If proceedings are instituted against a person for an offence under
Part III of this Act and either -
(a) The proceedings do not result in his conviction for any such offence;
or
(b) where he is convicted of one or more such offences -
(i) the conviction or convictions concerned are quashed; or
(ii) he is pardoned by Her Majesty in respect of the conviction or
convictions concerned,
the High Court may, on an application by a person who had an interest in any
property which was subject to a forfeiture or restraint order made in or in
relation to those proceedings, order compensation to be paid to the applicant
if, having regard to all the circumstances, it considers it appropriate to do
so.
(2) The High Court shall not order compensation to be paid in any case
unless it is satisfied -
(a) that there is some serious default on the part of a person concerned
in the investigation or prosecution of the offence concerned, being a
person mentioned in sub-paragraph (5) below; and
(b) that the applicant has suffered loss in consequence of, anything done
in relation to the property by or in pursuance of an order under this
Part of this Schedule.
(3) The court shall not order compensation to be paid in any case where it
appears to it that the proceedings would have been instituted even if the
serious default had not occurred.
(4) The amount of compensation to be paid under this paragraph shall be
such as the High Court thinks just in all the circumstances of the case.
(5) Compensation payable under this paragraph shall be paid -
(a) where the person in default was or was acting as a member of a police
force, out of the police fund out of which the expenses of that
police force are met;
(b) where the person in default was a member of the Crown Prosecution
Service or acting on behalf of the Service, by the Director of Public
Prosecutions.
(6) Sub-paragraph (8) of paragraph 3 above applies for the purposes of this
paragraph as it applies for the purposes of that paragraph.
Enforcement of orders made elsewhere in the British Islands
8.-(1) In the following provisions of this Part of this Schedule -
"a Scottish order" means -
(a) an order made in Scotland under section I 3(2), (3) or (4) of this
Act ("a Scottish forfeiture order");
(b) an order made under paragraph 13 below ("a Scottish restraint
order"); or
(c) an order made under any other provision of Part II of this
Schedule in relation to a Scottish forfeiture or restraint order;
"a Northern Ireland" order means -
(a) an order made in Northern Ireland under section 13(2), (3) or
(4) of this Act ("a Northern Ireland forfeiture order");
(b) an order made under paragraph 23 below ("a Northern Ireland
restraint order"); or
(c) an order made under any other provision of Part III of this
Schedule in relation to a Northern Ireland forfeiture or
restraint order;
"an Islands order" means -
(a) an order made in any of the Islands under section 13(2), (3) or
(4) of this Act as extended to that Island under section 28(3) of
this Act ("an Islands forfeiture order");
(b) an order under paragraph 3 above as so extended ("an Islands
restraint order") or
(c) an order made under any other provision of this Part of this
Schedule as so extended in relation to an Islands forfeiture
or restraint order.
(2) In paragraphs (a), (b) and (c) of the definition of "an Islands order"
the reference to a provision of this Act as extended to an Island under
section 28(3) of this Act includes a reference to any other provision of the
law of that Island for purposes corresponding to that provision.
9.-(1) A Scottish order, Northern Ireland order or Islands order shall,
subject to the provisions of this paragraph, have effect in the law of
England and Wales but shall be enforced in England and Wales only in
accordance with the provisions of this paragraph and any provision made by
rules of court as to the manner in which and the conditions subject to which
such orders are to be enforced there.
(2) The High Court shall, on an application made to it in accordance with
rules of court for registration of a Scottish order, Northern Ireland order
or Islands order, direct that the order shall, in accordance with such rules,
be registered in that court.
(3) Rules of court shall also make provision -
(a) for cancelling or varying the registration of a Scottish, Northern
Ireland or Islands forfeiture order when effect has been given to it
(whether in England and Wales or elsewhere) in respect of all or, as
the case may be, part of the money or other property to which the
order applies;
(b) for cancelling or varying the registration of a Scottish, Northern
Ireland or Islands restraint order which has been discharged or
varied by the court by which it was made.
(4) If a Scottish, Northern Ireland or Islands forfeiture order is
registered under this paragraph the High Court shall have, in relation to
that order, the same powers as a court has under paragraph 1(1) above in
relation to a forfeiture order made by it (and paragraph 2 above applies
accordingly) but any functions of the clerk of a magistrates' court shall
be exercised by the appropriate officer of the High Court.
(5) After making any payment required by virtue of paragraph 1 (1)(d) or 2
above, the balance of any sums received by the appropriate officer of the
High Court by virtue of an order made under sub-paragraph (4) above shall be
paid by him to the Secretary of State.
(6) Paragraphs 3(7), 5 and 6 above shall apply to a registered Scottish,
Northern Ireland or Islands restraint order as they apply to a restraint
order and the High Court shall have the like power to make an order under
section 33 of the Supreme Court Act 1981 (extended power to order inspection
of property etc.) in relation to proceedings brought or likely to be brought
for a Scottish, Northern Ireland or Islands restraint order as if those
proceedings had been brought or were likely to be brought in the High Court.
(7) Without prejudice to the foregoing provisions, if a Scottish order,
Northern Ireland order or Islands order is registered under this paragraph -
(a) the High Court shall have, in relation to its enforcement, the same
power;
(b) proceedings for or with respect to its enforcement may be taken; and
(c) proceedings for or with respect to any contravention of such an order
(whether before or after such registration) may be taken,
as if the order had originally been made in the High Court.
(8) The High Court may, additionally, for the purpose of -
(a) assisting the achievement in England and Wales of the purposes of a
Scottish order, Northern Ireland order or Islands order; or
(b) assisting any receiver or other person directed by any such order to
sell or otherwise dispose of property,
make such orders or do otherwise as seems to it appropriate.
(9) A document purporting to be a copy of a Scottish order, Northern
Ireland order or Islands order and to be certified as such by a proper
officer of the court by which it was made or purporting to be a certificate
for purposes corresponding to those of paragraph 1(4) above and to be
certified by a proper officer of the court concerned shall, in England and
Wales, be received in evidence without further proof.
Enforcement of orders made in designated countries
10.-(1) Her Majesty may by Order in Council make such provision as appears
to Her Majesty to be appropriate for the purpose of enabling the enforcement
in England and Wales of orders to which this paragraph applies.
(2) This paragraph applies to any order ("an external order") which is made
in a country or territory designated for the purposes of !his paragraph by
the Order in Council and -
(a) provides for the forfeiture of terrorist funds within the meaning of
section 11 (3)(a) or (b) of this Act ("an external forfeiture
order"); or
(b) makes provision prohibiting dealing with property which is subject to
an external forfeiture order or in respect of which such an order
could be made in proceedings which have been or are to he instituted
in that country or territory ("an external restraint order").
(3) Without prejudice to the generality of sub-paragraph (1) above, an
Order in Council under this paragraph may make provision for matters
corresponding to those for which provision is made by, or can be made under,
paragraph 9(1) to (8) above in relation to the orders to which that paragraph
applies and for the proof of any matter relevant for the purposes of anything
falling to be done in pursuance of the Order in Council.
(4) An Order in Council under this paragraph may also make such provision
as appears to Her Majesty to be appropriate with respect to anything falling
to be done on behalf of the United Kingdom in a designated country or
territory in relation to proceedings in that country or territory for or in
connection with the making of an external order.
(5) An Order under this paragraph may make different provision for
different cases.
(6) No Order shall be made under this paragraph unless a draft of it has
been laid before and approved by a resolution of each House of Parliament.