Northern Ireland (Emergency Provisions) Act 1987 (repealed 27.8.1991)
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Change 1
13 Expiry and eventual repeal of 1978 Act.
(1) Section 33 of the 1978 Act (commencement etc. of that Act) shall be amended as follows— (2) In subsection (2), for “24th July 1978” there shall be substituted “ 21st March 1988 ”. (3) In subsection (3)(a) and (c), for “six” there shall be substituted “ twelve ”. (4) After subsection (8) there shall be added the following subsection— (9) This Act shall, by virtue of this subsection, be repealed as from the end of the period of five years beginning with the date of the passing of the Northern Ireland (Emergency Provisions) Act 1987. (5) 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— (a) to revive any such provision, or (b) to preclude the making of an order under section 33 with respect to any such provision. (6) 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. (7) 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. (8) 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. (9) It is hereby declared that the repeal of the 1978 Act shall not affect— (a) 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 (b) 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, in a case where the indictment has not been presented before the repeal takes effect. (10) 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.
13 Expiry and eventual repeal of 1978 Act.
(1) Section 33 of the 1978 Act (commencement etc. of that Act) shall be amended as follows— (2) In subsection (2), for “24th July 1978” there shall be substituted “ 21st March 1988 ”. (3) In subsection (3)(a) and (c), for “six” there shall be substituted “ twelve ”. (4) After subsection (8) there shall be added the following subsection— (9) This Act shall, by virtue of this subsection, be repealed as from the end of the period of five years beginning with the date of the passing of the Northern Ireland (Emergency Provisions) Act 1987. (5) 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— (a) to revive any such provision, or (b) to preclude the making of an order under section 33 with respect to any such provision. (6) 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. (7) 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. (8) 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. (9) It is hereby declared that the repeal of the 1978 Act shall not affect— (a) 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 (b) 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, in a case where the indictment has not been presented before the repeal takes effect. (10) 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.
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