Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996)
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Change 1
37 Issue, duration and revocation of certificates.
(1) Where an application for a certificate under this Part of this Act has been made to the Secretary of State in accordance with section 36 above, 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) below would be likely to benefit from the issue of the certificate or that the applicant has persistently failed to comply with the requirements of this Part of this Act; and if the Secretary of State refuses to issue a certificate he shall notify the applicant of the refusal. (2) A certificate under this Part of this Act shall come into force at the beginning of the day on which it is issued and, subject to subsection (3) below, shall expire at the end of the period of twelve months beginning with that day. (3) Where the certificate is issued to a person who already holds a certificate in force under this Part of this Act, the new certificate shall expire at the end of the period of twelve months beginning with the day following that on which that person’s current certificate expires. (4) The Secretary of State may from time to time by order substitute for the period specified in each of subsections (2) and (3) above such period exceeding twelve months as is specified in the order. (5) Subject to subsection (6) below, the Secretary of State may revoke a certificate in force under this Part of this Act if he is satisfied that an organisation falling within subsection (8) below would be likely to benefit from the certificate remaining in force or that the holder of the certificate has persistently failed to comply with the requirements of this Part of this Act. (6) The Secretary of State shall not revoke a certificate under subsection (5) above unless the holder of the certificate— (a) has been notified of the Secretary of State’s intention to revoke it, and (b) has been given a reasonable opportunity of making representations to the Secretary of State. (7) If the Secretary of State revokes a certificate under subsection (5) above, he shall forthwith notify the holder of the certificate of its revocation. (8) An organisation falls within this subsection if— (a) it is for the time being a proscribed organisation; or (b) it appears to the Secretary of State to be closely associated with an organisation which is for the time being a proscribed organisation. (9) In this section “benefit” means benefit whether directly or indirectly and whether financially or in any other way.
37 Issue, duration and revocation of certificates.
(1) Where an application for a certificate under this Part of this Act has been made to the Secretary of State in accordance with section 36 above, 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) below would be likely to benefit from the issue of the certificate or that the applicant has persistently failed to comply with the requirements of this Part of this Act; and if the Secretary of State refuses to issue a certificate he shall notify the applicant of the refusal. (2) A certificate under this Part of this Act shall come into force at the beginning of the day on which it is issued and, subject to subsection (3) below, shall expire at the end of the period of twelve months beginning with that day. (3) Where the certificate is issued to a person who already holds a certificate in force under this Part of this Act, the new certificate shall expire at the end of the period of twelve months beginning with the day following that on which that person’s current certificate expires. (4) The Secretary of State may from time to time by order substitute for the period specified in each of subsections (2) and (3) above such period exceeding twelve months as is specified in the order. (5) Subject to subsection (6) below, the Secretary of State may revoke a certificate in force under this Part of this Act if he is satisfied that an organisation falling within subsection (8) below would be likely to benefit from the certificate remaining in force or that the holder of the certificate has persistently failed to comply with the requirements of this Part of this Act. (6) The Secretary of State shall not revoke a certificate under subsection (5) above unless the holder of the certificate— (a) has been notified of the Secretary of State’s intention to revoke it, and (b) has been given a reasonable opportunity of making representations to the Secretary of State. (7) If the Secretary of State revokes a certificate under subsection (5) above, he shall forthwith notify the holder of the certificate of its revocation. (8) An organisation falls within this subsection if— (a) it is for the time being a proscribed organisation; or (b) it appears to the Secretary of State to be closely associated with an organisation which is for the time being a proscribed organisation. (9) In this section “benefit” means benefit whether directly or indirectly and whether financially or in any other way.
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