Governance reform: follow-up to decision WHA69(8) (2016): report by the Director-General
The following section shall be substituted for section 2 of the Northern Ireland (Emergency Provisions) Act 1978 (in this Act referred to as “the 1978 Act”)—
The following section shall be inserted after section 3 of the 1978 Act—
The following section shall be inserted after section 5 of the 1978 Act—
The following section shall be substituted for section 6 of the 1978 Act—
The following section shall be substituted for section 8 of the 1978 Act—
The following section shall be substituted for section 11 of the 1978 Act—
Section 15 of the 1978 Act (power to search for munitions and radio transmitters) shall be amended as follows.
The following subsection shall be inserted after subsection (4)—
In subsection (5), after the definition of “munitions” there shall be inserted—.
The following section shall be inserted after section 19 of the 1978 Act—
After paragraph (c) of section 21(1) of the 1978 Act (proscribed organisations) there shal be insertedor .
In section 22(2) of the 1978 Act (unlawful collection etc. of information)—
at the end of paragraph (c) “and” shall be omitted; and
after paragraph (d) there shall be added; and
The following section shall be substituted for section 25 of the 1978 Act—
In section 26 of that Act (wearing of hoods etc. in public places), for the words from “a fine not exceeding” onwards there shall be substituted “ s fine not exceeding the statutory maximum, or both, and on conviction on indictment to imprisonment for a term not exceeding one year or to a fine, or both. ”
After sub-paragraph (c) of paragraph 19 of Schedule 4 to the 1978 Act (scheduled offences) there shall be inserted the following sub-paragraphs—.
Subsections (2) and (3) above shall not have effect in relation to an offence committed before the commencement of this section.
The following sections shall be substituted for section 28 of the 1978 Act—
Subsections (5) to (7) of section 28 of the 1978 Act, as amended by subsection (1) above, shall apply in relation to an application for compensation under that section made before the date of the coming into force of subsection (1) above and still outstanding on that date as they apply in relation to an application for compensation made in accordance with subsection (2) of that section, as so amended, but shall so apply as if any reference in those subsections to compensation under that section, as so amended, were a reference to compensation under that section, as originally enacted.
For the purposes of subsection (2) above an application for compensation is still outstanding on the date mentioned in that subsection if, on that date, any question as to the compensation to which the application relates has still to be finally resolved and has not been referred to the county court or any arbitrator appointed by that court in accordance with subsections (2) and (3) of section 28 of the 1978 Act, as originally enacted.
Section 33 of the 1978 Act (commencement etc. of that Act) shall be amended as follows—
In subsection (2), for “24th July 1978” there shall be substituted “ 21st March 1988 ”.
In subsection (3)(a) and (c), for “six” there shall be substituted “ twelve ”.
After subsection (8) there shall be added the following subsection—
The amendment made by subsection (2) above does not affect any provision to which section 33(2) of the 1978 Act applies and which is not in force at the commencement of this section, and acordingly that amendment shall not be taken—
to revive any such provision, or
to preclude the making of an order under section 33 with respect to any such provision.
Where, immediately before the repeal of the 1978 Act takes effect under the provision inserted by subsection (4), a person is held in custody in a prison or other place by virtue of a direction under section 4 of that Act (holding in custody of young persons charged with scheduled offences), it shall be lawful for him to continue to be held in custody in that prison or place until arrangements can be made for him to be held in custody in accordance with the law then applicable to his case.
Nothing in subsection (6) shall be taken to make lawful the holding in custody of a person who would, disregarding that subsection, be entitled to be released from custody.
The repeal of the 1978 Act shall not affect the application of any provision of sections 6 to 9 of that Act to any trial on indictment where the indictment has been presented, or any summary trial which has started, before the repeal takes effect.
It is hereby declared that the repeal of the 1978 Act shall not affect— in a case where the indictment has not been presented before the repeal takes effect.
any committal of a person for trial in accordance with section 6 of that Act to the Crown Court sitting either in Belfast or elsewhere, or
any committal of a person for trial which, in accordance with that section, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast,
The repeal of the 1978 Act shall not affect the application of any provision of sections 28 and 28A of that Act in relation to any right to compensation under section 28 which arises before the date when the repeal takes effect.
A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or is likely to take an interest in his welfare told that he is being detained under those provisions and where he is being held in police custody.
A person shall be informed of the right conferred on him by subsection (1) as soon as practicable after he has become a person to whom that subsection applies.
A request made by a person under subsection (1), and the time at which it is made, shall be recorded in writing.
If a person makes such a request, it must be complied with as soon as is practicable except to the extent that any delay is permitted by this section.
Any delay in complying with such a request is only permitted if—
it is authorised by an officer of at least the rank of superintendent; and
it does not extend beyond the end of the period referred to in subsection (6).
That period is—
(except where paragraph (b) applies) the period of 48 hours beginning with the time when the detained person was first detained under the terrorism provisions.
where the detained person was, prior to the time when he was first so detained, being examined in accordance with any order under section 13 of the Prevention of Terrorism (Temporary Provisions) Act 1984, the period of 48 hours beginning with the time when he was first so examined.
An officer may give an authorisation under sunsection (5) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
An officer may only authorise a delay in complying with a request under subsection (1) where he has reasonable grounds for believing that telling the person named in the request of the detention of the detained person—
will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or
will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or
will hinder the recovery of any property obtained as a result of such an offence; or
will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
by alerting any person will make it more difficult—
to prevent an act of terrorism; or
to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.
If any delay is authorised, then, as soon as is practicable—
the detained person shall be told the reason for authorising it; and
the reason shall be recorded in writing.
Any authorisation under subsection (5) shall cease to have effect once the reason for giving it ceases to subsist.
The right conferred by subsection (1) may be exercised by a person to whom that subsection applies on each occasion when he is transferred from one place to another; and this section applies to each subsequent occassion on which that right is so exercised as it applies to the first such occasion.
Subsection (11) shall not be construed as prejudicing the operation of a request by a person to whom subsection (1) applies which was made, but not complied with, before he was transferred.
A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to consult a solicitor privately.
A person shall be informed of the right conferred on him by subsection (1) as soon as practicable after he has become a person to whom that subsection applies.
A request made by a person under subsection (1), and the time at which it is made, shall be recorded in writing unless it is made by him while at a court after being charged with an offence.
If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that any delay is permitted by this section.
Any delay in complying with a request under subsection (1) is only permitted if—
it is authorised by an officer of at least the rank of superintendent; and
it does not extend beyond the relevant time.
In subsection (5) “the relevant time” means—
where the request is the first request made by the detained person under subsection (1), the end of the period referred to in section 14(6); or
where the request follows an earlier request made by the detained person under that subsection in pursuance of which he has consulted a solicitor, the end of the period of 48 hours beginning with the time when that consultation began.
An officer may give an authorisation under subsection (5) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
An officer may only authorise a delay in complying with a request under subsection (1) where he has reasonable grounds for believing that the exercise of the right conferred by that subsection at the time when the detained person desires to exercise it—
will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or
will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or
will hinder the recovery of any property obtained as a result of such an offence; or
will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
by alerting any person will make it more difficult—
to prevent an act of terrorism; or
to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.
If any delay is authorised, then, as soon as is practicable—
the detained person shall be told the reason for authorising it; and
the reason shall be recorded in writing.
If an officer of at least the rank of Assistant Chief Constable has reasonable grounds for believing that, unless he gives a direction under subsection (11), the exercise by a person of the right conferred ny subsection (1) will have any of the consequences specified in subsection (8), he may give a direction under subsection (11).
A direction under this subsection is a direction that a person desiring to exercise the right conferred by subsection (1) may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the Royal Ulster Constabulary.
An officer is qualified for the purposes of subsection (11) if—
he is of at least the rank of inspector; and
in the opinion of the officer giving the direction, he has no connection with the case.
Any authorisation under subsection (5) or direction under subsection (11) shall cease to have effect once the reason for giving it ceases to subsist.
In this Part— “scheduled offence” and “terrorism” have the same meaning as in the 1978 Act; and “the terrorism provisions” means—
“scheduled offence” and “terrorism” have the same meaning as in the 1978 Act; and
section 12 of the Prevention of Terrorism (Emergency Provisions) Act 1984 (powers of arrest and detention); and
“the terrorism provisions” means—
section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 (powers of arrest and detention); and
any provision conferring a power of detention and contained in an order under section 13 of that Act (control of entry and procedure for removal).
any provision conferring a power of detention and contained in an order under section 13 of that Act (control of entry and procedure for removal).
A person is held in police custody for the purposes of this Part if he is detained at a police station or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged with an offence is not held in police custody for the purposes of section 14.
A person shall not provide, or offer to provide, security services for reward, unless he is, or is acting on behalf of, the holder of a certificate in force under this Part.
A person shall not publish, or cause to be published, any advertisement for the provision of such services by a person who is not the holder of such a certificate.
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.
Where a person is charged with an offence under this section in respect of an advertisement, it shall be a defence for him to prove—
that he is a person whose business it is to publish or arrange for the publication of advertisements; and
that he received the advertisement for publication in the ordinary course of business; and
that he had reasonable grounds for believing that the person advertised as the provider of the security services in question was the holder of a certificate in force under this Part.
The following paragraph shall be inserted after paragraph 19C of Schedule 4 to the 1978 Act (scheduled offences)—
In this Part “security services” means the services of one or more individuals as security guards (whether with or without any other services relating to the protection of property or persons).
An application for a certificate under this Part— as the Secretary of State may specify.
shall be made to the Secretary of State in such manner and form, and
shall be accompanied by such information concerning—
the applicant,
any business carried on or proposed to be carried on by the applicant and invlving the provision of security services for reward,
any persons whom the applicant employs, or proposes to employ, as security guards,
any partners or proposed partners of the applicant or (if the applicant is a partnership) the members, any any proposed members, of the partnership, and
if the applicant is a body corporate, the officers, and any proposed officers, of that body,
Any person who, in connection with any such application, knowingly or recklessly furnishes the Secretary of State with information which is false or isleading in a material respect shall be guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
In this section and section 20—
“officer” includes a director, manager or secretary; and
any reference to the employment or proposed employment of any person or persons by an applicant for a certificate under this Part shall, in relation to an applicant who is, or is a member of, a partnership, be construed as a reference to the employment or proposed employment of any person or persons by the partnership or any of the partners.
For the purposes of this section and section 20 a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, except that a person shall not be so treated by reason only that the directors act on advice given by him in a professional capacity.
Where an application for a certificate under this Part has been made to the Secretary of State in accordance with section 18, the Secretary of State may only refuse to issue such a certificate to the applicant in a case where he is satisfied that an organisation falling within subsection (8) would be likely to benefit from the issue of the certificate; and, if he does so, he shall notify the applicant of his refusal to issue such a certificate.
A certificate under this Part shall come into force at the beginning of the day on which it is issued and, subject to subsection (3), shall expire at the end of the period of 12 months beginning with that day.
Where the certificate is issued to a person who already holds a certificate in force under this Part, the new certificate shall expire at the end of the period of 12 months beginning with the dat following that on which that person’s current certificate expires.
The Secretary of State may from time to time by order made by statutory instrument substitute for the period specified in each of subsections (2) and (3) such period exceeding 12 months as is specified in the order, and any such order shall be laid before Parliament after being made.
Subject to subsection (6), the Secretary of State may revoke a certificate in force under this Part if he is satisfied that an organisation falling within subsection (8) would be likely to benefit from the certificate remaining in force.
The Secretary of State shall not revoke a certificate under subsection (5) unless unless the holder of the certificate—
has been notified of the Secretary of State’s intention to revoke it, and
has been given a reasonable opportunity of making representations to the Secretary of State.
If the Secretary of State revokes a certificate under subsection (5), he shall forthwith notify the holder of the certificate of its revocation.
An organisation falls within this subsection if—
it is for the time being a proscribed organisation within the meaning of the 1978 Act, or
it appears to the Secretary of State to be closely associated with an organisation which is for the time being such a proscribed organisation.
In this section “benefit” means benefit whether directly or indirectly and whether financially or in any other way.
Where— the person who made the application shall, not later than 14 days before that relevant time, notify to the Secretary of State such information concerning the proposed employee as the Secretary of State may specify.
an application has been made by any person under section 18, and
that person proposes to employ a person as a security guard as from a relevant time, and
information concerning the proposed employee was not furnished to the Secretary of State in pursuance of section 18(1)(b)(iii) at the time when the application was made,
Where an application has been made by any person under section 18, that person shall notify to the Secretary of State such information concerning any change to which this subsection applies as the Secretary of State may specify, and shall so notify any such information—
not later than 14 days befoer the change occurs, or
if that is not reasonably practicable, as soon as is reasonably practicable.
Subsection (2) applies— unless the change involves a person becoming a partner or officer and information relating to that change was furnished to the Secretary of State in pursuance of section 18(1)(b)(iv) or (v) at the time when the application was made.
in relation to an application made by a partnership or by a member of a partnership, to any change occurring at a relevant time in the members of the partnership, and
in relation to an application made by a body corporate, to any change occurring at a relevant time in the officers of that body,
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
In this section “relevant time”, in relation to an application made under section 18, means a time when— and subsections (3) and (4) of that section apply for the purposes of this section.
the application has been neither granted nor refused by the Secretary of State; or
a certificate issued in pursuance of the application is in force under this Part;
Any person who, in respect of the provision of security services, pays any sum of money to a person who is neither— shall be guilty of an offence.
the holder of a certificate in force under this Part, nor
a person acting on behalf of the holder of such a certificate,
A person guilty of an offence under subsection (1) shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
It shall be a defence for a person charged with an offence under subsection (1) to prove that, at the time when he paid the money in question, he had reasonable grounds for believing that the person to whom he paid it was, or was acting on behalf of, the holder of a certificate in force under this Part.
Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Any notification given under this Part shall be in writing.
Any notification required by this Part to be given by any person to the Secretary of State may be sent to him by post.
Any notification required by this Part to be given to the Secretary of State to any person may—
if that person is an individual, be sent to him by post addressed to him at his usual or last-known place of residence or business;
if that person is a partnership, be sent to a partner, or to a person having control or management of the partnership business, at the principal office of the partnership; or
if that person is a body corporate, e sent to the secretary or clerk of that body at its registered or principal office.
This section is without prejudice to any other lawful method of giving a notification.
Any expenses incurred by the Secretary of State under this Part shall be paid out of money provided by Parliament.
The enactments mentioned in Schedule 1 shall have effect subject to the minor and consequential amendents there specified.
The enactments mentioned in Part I of Schedule 2 are hereby repealed to the extent specified in the third column of that Schedule, and the enactment mentioned in Part II of that Schedule is hereby revoked to the extent so specified.
Any order in force under section 33 of the 1978 Act at the commencement of section 13 of this Act is hereby revoked.
This Act, except section 12 and Part III, shall come into force at the end of the period of one month beginning with the day on which it is passed, and section 12 and Part III shall come into force on such day as the Secretary of State may by order appoint.
An order under subsection (1)—
may appoint different days for different provisions, and
shall be made by statutory instrument.
The provisions of Parts II and III shall expire with 21st March 1988 unless continued in force by an order under subsection (4).
The Secretary of State may provide by order made by statutory instrument—
that all or any of the provisions of Parts II and III which are for the time being in force (including any in force by virtue of an order under this subsection) shall continue in force for a period not exceeding 12 months from the coming into operation of the order;
that all or any of those provisions which are for the time being in force shall cease to be in force; or
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 12 months from the coming into operation of the order.
No order under subsection (4) shall be made unless—
a draft of the order has been approved by resolution of each House of Parliament; or
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 havng been so approved.
Every order under subsection (4), except an order of which a draft has been so approved— In reckoning for the purposes of this subsection any period of 40 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.
shall be laid before Parliament; and
unless approved by resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it was made, shall cease to have effect at the end of that period (but without prejudice to anything previously done or to the making of a new order).
With the exception of section 13(6) to (10), this subsection and section 27, this Act shall, by virtue of this subsection, be repealed immediately after the repeal of the 1978 Act takes effect under section 33(9) of that Act (as amended by section 13(4) above).
This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1987.
in this Act “the 1978 Act” means the Northern Ireland (Emergency Provisions) Act 1978.
This Act extends to Northern Ireland only.
Section 25(1).
In section 13 (constables’ general power of arrest and seizure)—
in subsection (1), for “whom he suspects of committing, having committed or being” substitute “ who he has reasonable grounds to suspect is committing, has committed or is ”;
in subsection (2), for “suspects him of being” substitute “ has reasonable grounds for suspecting him to be ”; and
in subsection (3), for “suspects” substitute “ has reasonable grounds to suspect ”.
In section 14 (powers of arrest of members of Her Majesty’s forces)—
in subsection (1), for “whom he suspects of committing, having committed or being” substitute “ who he has reasonable grounds to suspect is committing, has committed or is ”; and
in subsection (3), for paragraph (b) substitute the following paragraph—
In section 15 (power to search for munitions and radio transmitters)—
in subsection (2), for “it is suspected” substitute “ there are reasonable grounds for suspecting ”;
in subsection (3)(b), for “whom he suspects of having” substitute “ who he has reasonable grounds to suspect has ”;
for subsection (4) substitute—; and
in subsection (5), in the definition of “transmitter”, for “and includes” substitute “ or ”.
In section 18 (power to stop and question)—
in subsection (1)(b), after “other” insert “ recent ”; and
in subsection (2), for the words from “imprisonment” onwards substitute “ a fine not exceeding level 5 on the standard scale. ”
In section 31(1) (interpretation), omit the definition of “constable”.
In section 32 (orders and regulations)—
in subsection (1), after “orders conferred by” insert “ section 19A above and ”;
in subsection (3), for the words from the beginning to “Schedules)” substitute “ Subject to subsection (5) below, no order or regulations under this Act ”;
in subsection (4), for the words from the beginning to “approved) shall” substitute “ Subject to subsection (5) below, orders and regulations under this Act shall, if not so approved in draft ”; and
after that subsection add—
In section 33 (commencement etc. of provisions of the 1978 Act)—
in subsection (5), at the end add “ or (where the Lord Chancellor gives a direction under that subsection with respect to the trial) to the Crown Court sitting at the place specified in the direction. ”; and
for subsection (7) substitute—
In Schedule 4 (scheduled offences), Part I (substantive offences) shall be amended as follows. In paragraph 12(f), at the end add “ , subject also to note 2 below. ” In note 2, after paragraph (c) insert— In note 5—
In Part II of Schedule 5 (minor and consequential amendments), in the entry relating to section 2(1)(a) of the Northern Ireland (Emergency Provisions) Act 1978, for “sections 2(1)(a) and” substitute “ section ”.
Section 25(2).
Chapter Short title Extent of repeal 1978 c. 5. Northern Ireland (Emergency Provisions) Act 1978. In section 22(2), the word “and” at the end of paragraph (c). In section 31(1), the definition of “constable”. 1978 c. 23. Judicature (Northern Ireland) Act 1978. In Part II of Schedule 5, the entries relating to sections 6 and 33(7) of the Northern Ireland (Emergency Provisions) Act 1978.
Number Title Extent of revocation S.I. 1981/1675 (N.I. 26). Magistrates’ Courts (Northern Ireland) Order 1981. In Schedule 6, paragraph 49.