Section 102.
Right to compensation
1 (1) This paragraph applies where under Part VII of this Act—
(a) real or personal property is taken, occupied, destroyed or damaged, or
(b) any other act is done which interferes with private rights of property.
(2) Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—
(a) has an estate or interest in the property or is entitled to the rights, and
(b) suffers loss or damage as a result of the act.
2 No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify.
Time limit
3 (1) Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act.
(2) The Secretary of State may, in response to a request made to him in writing, permit an application to be made—
(a) after the expiry of the period mentioned in sub-paragraph (1), and
(b) within such longer period, starting from the date of the act and not exceeding six months, as he may specify.
(3) Where the Secretary of State refuses a request under sub-paragraph (2)—
(a) he shall serve a notice of refusal on the person who made the request,
(b) that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and
(c) the county court may exercise the power of the Secretary of State under sub-paragraph (2).
Determination
4 Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—
(a) stating that he has decided to award compensation and specifying the amount of the award, or
(b) stating that he has decided to refuse the application.
5 (1) An applicant may appeal to the county court against—
(a) the amount of compensation awarded, or
(b) the refusal of compensation.
(2) An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4.
6 (1) This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—
(a) knowingly made a false or misleading statement,
(b) made a statement which he did not believe to be true, or
(c) knowingly failed to disclose a material fact.
(2) The Secretary of State may—
(a) refuse to award compensation,
(b) reduce the amount of compensation which he would otherwise have awarded, or
(c) withhold all or part of compensation which he has awarded.
7 Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.
Assignment of right
8 (1) This paragraph applies where—
(a) a person has made an application for compensation, and
(b) his right to compensation has passed to another person by virtue of an assignment or the operation of law.
(2) The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) as the applicant.
Offenders
9 (1) This paragraph applies where a person has a right to compensation in respect of an act and—
(a) the act was done in connection with, or revealed evidence of the commission of, a scheduled offence or a non-scheduled offence under this Act, and
(b) proceedings for the offence are brought against the person.
(2) The person’s right to compensation shall not be enforceable while the proceedings have not been concluded.
(3) If the person stands convicted of the offence he shall have no right to compensation.
Notices
10 A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right of appeal under paragraph 3(3)(b) or 5.
11 (1) The Secretary of State may serve a notice under this Schedule on an individual—
(a) by delivering it to him,
(b) by sending it by post addressed to him at his usual or last-known place of residence or business, or
(c) by leaving it for him there.
(2) The Secretary of State may serve a notice under this Schedule on a partnership—
(a) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or
(b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.
(3) The Secretary of State may serve a notice under this Schedule on a body corporate—
(a) by sending it by post to the secretary or clerk of the body at its registered or principal office, or
(b) by addressing it to the secretary or clerk of the body and leaving it at that office.
(4) The Secretary of State may serve a notice under this Schedule on any person—
(a) by delivering it to his solicitor,
(b) by sending it by post to his solicitor at his solicitor’s office, or
(c) by leaving it for his solicitor there.
Offences
12 (1) A person commits an offence if he obtains compensation or increased compensation for himself or another person by deception . . . .
(1A) “ Deception ” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.
(2) A person commits an offence if for the purposes of obtaining compensation he—
(a) knowingly makes a false or misleading statement,
(b) makes a statement which he does not believe to be true, or
(c) knowingly fails to disclose a material fact.
(3) A person guilty of an offence under this paragraph shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding one year, to a fine not exceeding the statutory maximum or to both.
(4) Section 82 shall not apply in relation to an offence under this paragraph.
Section 106.
Security services: interpretation
1 In this Schedule “security services” means the services of one or more individuals as security guards (whether or not provided together with other services relating to the protection of property or persons).
Unlicensed services: offences
2 A person commits an offence if he provides or offers to provide security services for reward unless he—
(a) holds a licence under this Schedule, or
(b) acts on behalf of someone who holds a licence under this Schedule.
3 (1) A person commits an offence if he publishes or causes to be published an advertisement for the provision for reward of security services by a person who does not hold a licence under this Schedule.
(2) It is a defence for a person charged with an offence under this paragraph to prove—
(a) that his business is publishing advertisements or arranging for their publication,
(b) that he received the advertisement for publication in the ordinary course of business, and
(c) that he reasonably believed that the person mentioned in the advertisement as the provider of security services held a licence under this Schedule.
4 (1) A person commits an offence if he pays money, in respect of the provision of security services, to a person who—
(a) does not hold a licence under this Schedule, and
(b) is not acting on behalf of someone who holds a licence under this Schedule.
(2) It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that the person to whom he paid the money—
(a) held a licence under this Schedule, or
(b) was acting on behalf of someone who held a licence under this Schedule.
5 (1) A person guilty of an offence under paragraph 2 or 3 shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(2) A person guilty of an offence under paragraph 4 is liable on summary conviction to—
(a) imprisonment for a term not exceeding six months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
Application for licence
6 (1) An application for a licence under this Schedule shall be made to the Secretary of State—
(a) in such manner and form as he may specify, and
(b) accompanied by such information as he may specify.
(2) The Secretary of State may specify information only if it concerns—
(a) the applicant,
(b) a business involving the provision of security services for reward which is, was or is proposed to be carried on by the applicant,
(c) a person whom the applicant employs or proposes to employ as a security guard,
(d) a partner or proposed partner of the applicant (where the applicant is an individual),
(e) a member or proposed member of the applicant (where the applicant is a partnership),
(f) an officer or proposed officer of the applicant (where the applicant is a body corporate).
(3) A person commits an offence if in connection with an application for a licence he—
(a) makes a statement which he knows to be false or misleading in a material particular, or
(b) recklessly makes a statement which is false or misleading in a material particular.
(4) A person guilty of an offence under sub-paragraph (3) shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(5) For the purposes of this paragraph—
(a) a reference to employment or proposed employment by an applicant for a licence shall, where the applicant is a partnership or a member of a partnership, be construed as a reference to employment or proposed employment by the partnership or any of the partners,
(b) “officer” includes a director, manager or secretary,
(c) 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, and
(d) the reference to directions or instructions in paragraph (c) does not include a reference to advice given in a professional capacity.
Issue of licence
7 (1) The Secretary of State shall grant an application for a licence unless satisfied that—
(a) an organisation within sub-paragraph (4) would be likely to benefit from the licence (whether or not a condition were imposed under sub-paragraph (2)),
(b) that the applicant has persistently failed to comply with the requirements of this Schedule, or
(c) that the applicant has failed to comply with a condition imposed under sub-paragraph (2).
(2) The Secretary of State may on granting a licence impose a condition if satisfied that it is necessary in order to prevent an organisation within sub-paragraph (4) from benefiting from the licence.
(3) If the Secretary of State refuses an application for a licence he shall notify the applicant of the refusal.
(4) An organisation is within this sub-paragraph if—
(a) it is a proscribed organisation, or
(b) it appears to the Secretary of State to be closely associated with a proscribed organisation.
(5) In this paragraph a reference to a benefit is a reference to any benefit—
(a) whether direct or indirect, and
(b) whether financial or not.
(6) In this paragraph a reference to the requirements of this Schedule includes a reference to the requirements of—
(a) Part V of the Northern Ireland (Emergency Provisions) Act 1991 (private security services), and
(b) Part V of the Northern Ireland (Emergency Provisions) Act 1996 (private security services).
Duration of licence
8 (1) A licence—
(a) shall come into force at the beginning of the day on which it is issued, and
(b) subject to sub-paragraph (2), shall expire at the end of the period of 12 months beginning with that day.
(2) Where a licence is issued to a person who already holds a licence, the new licence shall expire at the end of the period of 12 months beginning with the day after the day on which the current licence expires.
(3) The Secretary of State may by order substitute a period exceeding 12 months for the period for the time being specified in sub-paragraphs (1)(b) and (2).
Revocation of licence
9 (1) The Secretary of State may revoke a licence if satisfied that—
(a) an organisation within paragraph 7(4) would be likely to benefit from the licence remaining in force,
(b) the holder of the licence has persistently failed to comply with the requirements of this Schedule, or
(c) the holder of the licence has failed to comply with a condition imposed under paragraph 7(2).
(2) The Secretary of State shall not revoke a licence unless the holder—
(a) has been notified of the Secretary of State’s intention to revoke the licence, and
(b) has been given a reasonable opportunity to make representations to the Secretary of State.
(3) If the Secretary of State revokes a licence he shall notify the holder immediately.
(4) Sub-paragraphs (5) and (6) of paragraph 7 shall apply for the purposes of this paragraph.
Appeal
10 The applicant for a licence may appeal to the High Court if—
(a) the application is refused,
(b) a condition is imposed on the grant of the licence, or
(c) the licence is revoked.
11 (1) Where an appeal is brought under paragraph 10, the Secretary of State may issue a certificate that the decision to which the appeal relates—
(a) was taken for the purpose of preventing benefit from accruing to an organisation which was proscribed or which appeared to the Secretary of State to be closely associated with an organisation which was proscribed, and
(b) was justified by that purpose.
(2) If he intends to rely on a certificate under this paragraph, the Secretary of State shall notify the appellant.
(3) Where the appellant is notified of the Secretary of State’s intention to rely on a certificate under this paragraph—
(a) he may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and
(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.
(4) Rules made under section 91 or 92 of that Act which are in force immediately before this paragraph comes into force shall have effect in relation to a certificate under this paragraph—
(a) with any necessary modifications, and
(b) subject to any later rules made by virtue of sub-paragraph (3)(b).
Change of personnel
12 Paragraphs 13 and 14 apply to a person who—
(a) holds a licence, or
(b) has made an application for a licence which has not yet been determined.
13 (1) If a person to whom this paragraph applies proposes to employ a security guard about whom information was not given under paragraph 6, he shall give the Secretary of State such information about the security guard as the Secretary of State may specify.
(2) The information shall be given not less than 14 days before the employment is to begin.
(3) For the purposes of this paragraph the provisions of paragraph 6(5) shall have effect in relation to a holder of or an applicant for a licence as they have effect for the purposes of paragraph 6 in relation to an applicant.
14 (1) A person to whom this paragraph applies shall give the Secretary of State such information about a relevant change of personnel as the Secretary of State may specify.
(2) The information shall be given—
(a) not less than 14 days before the change, or
(b) if that is not reasonably practicable, as soon as is reasonably practicable.
(3) A relevant change of personnel is—
(a) where the application for the licence was made by a partnership or a member of a partnership, a change in the members of the partnership, and
(b) where the application for the licence was made by a body corporate, a change in the officers of the body (within the meaning of paragraph 6).
(4) But a change of personnel is not relevant if it was mentioned in the information given under paragraph 6.
15 (1) A person commits an offence if he fails to comply with paragraph 13 or 14.
(2) A person guilty of an offence under this paragraph shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding six months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
Records
16 (1) A constable may—
(a) enter premises where a business involving the provision of security services is being carried on, and
(b) require records kept there of a person employed as a security guard to be produced for the constable’s inspection.
(2) A constable exercising the power under this paragraph—
(a) shall identify himself to a person appearing to be in charge of the premises, and
(b) if the constable is not in uniform, shall produce to that person documentary evidence that he is a constable.
(3) A person commits an offence if he fails to comply with a requirement under this paragraph.
(4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.
(5) A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding six months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
17 (1) A person who provides security services for reward commits an offence if he makes or keeps a record of a person employed by him as a security guard which he knows to be false or misleading in a material particular.
(2) A person guilty of an offence under this paragraph shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Offence: body corporate
18 (1) This paragraph applies where an offence under this Schedule committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer of the body corporate, or
(b) to be attributable to neglect on the part of an officer of the body corporate.
(2) The officer, as well as the body corporate, shall be guilty of the offence.
(3) In this paragraph “officer” includes—
(a) a director, manager or secretary,
(b) a person purporting to act as a director, manager or secretary, and
(c) a member of a body corporate the affairs of which are managed by its members.
Notice
19 (1) A notice under this Schedule shall be in writing.
(2) Information required to be given to the Secretary of State under this Schedule—
(a) shall be in writing, and
(b) may be sent to him by post.
(3) The Secretary of State may serve a notice under this Schedule on an individual—
(a) by delivering it to him,
(b) by sending it by post addressed to him at his usual or last-known place of residence or business, or
(c) by leaving it for him there.
(4) The Secretary of State may serve a notice under this Schedule on a partnership—
(a) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or
(b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.
(5) The Secretary of State may serve a notice under this Schedule on a body corporate—
(a) by sending it by post to the secretary or clerk of the body at its registered or principal office, or
(b) by addressing it to the secretary or clerk of the body and leaving it at that office.
(6) The Secretary of State may serve a notice under this Schedule on any person—
(a) by delivering it to his solicitor,
(b) by sending it by post to his solicitor at his solicitor’s office, or
(c) by leaving it for his solicitor there.
(7) Sub-paragraphs (3) to (6) do not apply in relation to a notice under paragraph 11.
Section 115.
General
1 In this Schedule an “officer” means (subject to paragraph 6A) —
(a) an authorised officer within the meaning given by the terrorist property provisions (including when referred to in those provisions as an “enforcement officer” or a “senior officer”) , and
(b) an examining officer within the meaning of Schedule 7.
and “the terrorist property provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.
2 An officer may enter a vehicle (within the meaning of section 121) for the purpose of exercising any of the functions conferred on him by virtue of this Act or the terrorist property provisions.
3 An officer may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7) or the terrorist property provisions.
Information
4 (1) Information acquired by an officer may be supplied—
(a) to the Secretary of State for use in relation to immigration;
(b) to the Commissioners of Customs and Excise or a customs officer;
(c) to a constable;
(d) to the National Crime Agency;
(e) to a person specified by order of the Secretary of State for use of a kind specified in the order.
(2) Information acquired by a customs officer or an immigration officer may be supplied to an examining officer within the meaning of Schedule 7.
(3) A person may be specified in an order under this paragraph only if the person exercises public functions (whether or not in the United Kingdom).
Code of practice
5 An officer shall perform functions conferred on him by virtue of this Act or the terrorist property provisions in accordance with any relevant code of practice in operation under paragraph 6.
6 (1) The Secretary of State shall issue codes of practice about the exercise by officers of functions conferred on them by virtue of this Act or the terrorist property provisions.
(2) The failure by an officer to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.
(3) A code—
(a) shall be admissible in evidence in criminal and civil proceedings, and
(b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(4) The Secretary of State may revise a code and issue the revised code.
6A In paragraphs 5 and 6, “officer” includes a constable, immigration officer or customs officer who—
(a) has functions under Schedule 7, or
(b) has functions under Schedule 8 in relation to a person detained under Schedule 7,
otherwise than as an examining officer.
7 (1) Before issuing a code of practice the Secretary of State shall—
(a) publish a draft code,
(b) consider any representations made to him about the draft, and
(c) if he thinks it appropriate, modify the draft in the light of any representations made to him.
(2) The Secretary of State shall lay a draft of the code before Parliament.
(3) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
(4) This paragraph has effect in relation to the issue of a revised code as it has effect in relation to the first issue of a code.
Section 125.
Criminal Justice Act 1967 (c. 80)
1 (1) The Criminal Justice Act 1967 shall be amended as follows.
(2) In section 67(7)(b) (computation of sentences) for “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 41 of the Terrorism Act 2000 ”.
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
2 (1) The Treatment of Offenders Act (Northern Ireland) 1968 shall be amended as follows.
(2) In section 26(6)(b) (definition of police detention) for “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 41 of the Terrorism Act 2000 ”.
Suppression of Terrorism Act 1978 (c. 26)
3 (1) The Suppression of Terrorism Act 1978 shall be amended as follows.
(2) For paragraph 19A of Schedule 1 (list of offences) substitute—
Financing terrorism
19A An offence under any of sections 15 to 18 of the Terrorism Act 2000.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))
4 (1) In Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Part II of that Order) at the end of Part I insert—
8. Proceedings brought by an individual before the Proscribed Organisations Appeal Commission.
(2) The amendment made by sub-paragraph (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that sub-paragraph.
Police and Criminal Evidence Act 1984 (c. 60)
5 (1) The Police and Criminal Evidence Act 1984 shall be amended as follows.
(2) For section 30(12)(c) (arrest elsewhere than at a police station) substitute—
(c) any provision of the Terrorism Act 2000.
(3) In section 32(10) (search upon arrest) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 43 of the Terrorism Act 2000 ”.
(4) For section 51(b) (savings: Part IV) substitute—
(b) the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention);
.
(5) For section 56(10) and (11) (application of right to have someone informed) substitute—
(10) Nothing in this section applies to a person arrested or detained under the terrorism provisions.
(6) For section 58(12) to (18) (application of right of access to legal advice) substitute—
(12) Nothing in this section applies to a person arrested or detained under the terrorism provisions.
(7) For section 61(9)(b) (fingerprinting: disapplication) substitute—
(b) applies to a person arrested or detained under the terrorism provisions.
(8) For section 62(12) (intimate samples: disapplication) substitute—
(12) Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.
(9) For section 63(10) (non-intimate samples: disapplication) substitute—
(10) Nothing in this section applies to a person arrested or detained under the terrorism provisions.
(10) In section 65 (interpretation) for the definitions of “the terrorism provisions” and “terrorism” substitute—
“the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and
“terrorism” has the meaning given in section 1 of that Act.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) For section 118(2)(a) (definition of police detention) substitute—
(a) he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or.
Criminal Justice Act 1988 (c. 33)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Elected Authorities (Northern Ireland) Act 1989 (c. 3)
7 (1) The Elected Authorities (Northern Ireland) Act 1989 shall be amended as follows.
(2) In section 6(5) (breach of terms of declaration), in the definition of “proscribed organisation” for “section 30 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 3 of the Terrorism Act 2000 ”.
(3) In Schedule 2 (declaration against terrorism) for “Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1996” substitute “ Schedule 2 to the Terrorism Act 2000 ”.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
8 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.
(2) In Article 2(2) (interpretation) for the definitions of “the terrorism provisions” and “terrorism” substitute—
“the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;
“terrorism” has the meaning given in section 1 of that Act.
(3) In Article 2(3) (definition of police detention) for “section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5 to that Act by an examining officer who is a constable” substitute “ section 41 of the Terrorism Act 2000 ”.
(4) For Article 4(3)(b) (provisions relating to powers to stop and search) substitute—
(b) sections 85, 95 and 116 of and Schedule 10 to the Terrorism Act 2000, and
.
(5) In Article 11(3) (special provisions as to access) for “section 17 of, and Schedule 7 to, the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ sections 37 and 38 of, and Schedules 5 and 6 to, the Terrorism Act 2000 ”.
(6) In Article 30(3) (information to be given on arrest) for “section 19(2) of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 83(2) of the Terrorism Act 2000 ”.
(7) For Article 32(15)(b) (arrest elsewhere than at a police station) substitute—
(b) any provision of the Terrorism Act 2000.
(8) In Article 34(10) (search upon arrest) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 43 of the Terrorism Act 2000 ”.
(9) For Article 51(b) (savings: Part V) substitute—
(b) the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention);
.
(10) In Article 60 (tape-recording of interviews), omit paragraph (2).
(11) For Article 61(9)(b) (fingerprinting: application) substitute—
(b) applies to a person arrested or detained under the terrorism provisions
.
(12) For Article 62(12) (intimate samples: application) substitute—
(12) Nothing in this Article applies to a person arrested or detained under the terrorism provisions; and paragraph (1A) shall not apply where the non-intimate samples mentioned in that paragraph were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.
(13) For Article 63(11) (non-intimate samples: application) substitute—
(11) Nothing in this Article applies to a person arrested or detained under the terrorism provisions
.
(14) In Article 66 (codes of practice), omit paragraph (12).
(15) In Article 74(9) (confessions) for “section 12 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 76 of the Terrorism Act 2000 ”.
(16) In Article 76(2)(b) (exclusion of unfair evidence) for “subsection (1) of section 12 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ subsection (1) of section 76 of the Terrorism Act 2000 ”.
Criminal Justice and Public Order Act 1994 (c. 33)
9 In section 139(11) of the Criminal Justice and Public Order Act 1994 (search powers available on arrests under sections 136 and 137) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” there shall be substituted “ section 43 of the Terrorism Act 2000 ”.
Drug Trafficking Act 1994 (c. 37)
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceeds of Crime (Scotland) Act 1995 (c. 43)
11 (1) The Proceeds of Crime (Scotland) Act 1995 shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (1)(c) of section 42 (reciprocal enforcement of orders), for “1989 Act” substitute “ Terrorism Act 2000 ”.
(4) In subsection (1) of section 49 (interpretation), the definition of “the 1989 Act” shall cease to have effect.
Northern Ireland (Remission of Sentences) Act 1995 (c. 47)
12 (1) The following shall be substituted for section 1(1) and (2) of the Northern Ireland (Remission of Sentences) Act 1995 (release on licence of persons subject to restricted remission)—
1 (1) This section applies to persons serving sentences to which section 79 of the Terrorism Act 2000 applies (restricted remission for persons sentenced for scheduled offences).
(2) A person to whom this section applies shall be released on licence for the period (or, where that period has partly elapsed, for the remainder of the period) during which, by reason only of section 79, he is prevented from being discharged in pursuance of prison rules.
(2) The following shall be substituted for section 1(6) of that Act—
(6) Section 80 of the Terrorism Act 2000 and Part II of the Treatment of Offenders (Northern Ireland) Order 1976 (conviction within certain period after discharge from prison, &c.) shall apply in relation to a person released on licence under this section as if he had been discharged in pursuance of prison rules.
Criminal Procedure and Investigations Act 1996 (c. 25)
13 (1) The Criminal Procedure and Investigations Act 1996 shall, in its application to Northern Ireland (as set out in Schedule 4 to that Act), be amended as follows.
(2) In section 14A(1) (public interest: review for scheduled offences) for “section 1 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 65 of the Terrorism Act 2000 ”.
(3) In section 39(3)(a) (start of trial on indictment without a jury) for “section 11 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 75 of the Terrorism Act 2000 ”.
Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
14 (1) The Proceeds of Crime (Northern Ireland) Order 1996 shall be amended as follows.
(2) In Article 2(4)(b) (offences to which Order does not apply) for “Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ any of sections 15 to 18 of the Terrorism Act 2000 ”.
(3) In Article 5(3) (realisable property) for sub-paragraph (c) substitute—
(c) section 23 or 111 of the Terrorism Act 2000 (forfeiture orders).
Northern Ireland Arms Decommissioning Act 1997 (c. 7)
15 (1) This paragraph applies to a reference in paragraph 9 or 10 of the Schedule to the Northern Ireland Arms Decommissioning Act 1997 (amnesty) to an offence under a provision (“the old provision”) of—
(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or
(b) the Northern Ireland (Emergency Provisions) Act 1996.
(2) The reference shall be taken as a reference to an offence under this Act which is committed in circumstances which would have amounted to the commission of an offence under the old provision before it ceased to have effect.
(3) Sub-paragraph (2) has effect for the purpose of the application of section 4(1) of the Northern Ireland Arms Decommissioning Act 1997 (amnesty) in relation to anything done after the old provision ceases to have effect.
Northern Ireland (Sentences) Act 1998 (c. 35)
16 (1) The Northern Ireland (Sentences) Act 1998 shall be amended as follows.
(2) In section 5 (fixed term prisoners: special cases)—
(a) in subsection (2) for “section 16(2) of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 80(2) of the Terrorism Act 2000 ”,
(b) in subsection (3)(a) for “section 16(2) of the 1996 Act” substitute “ section 80(2) of the 2000 Act ”,
(c) in subsection (4) for “section 16(2) of the 1996 Act” substitute “ section 80(2) of the 2000 Act ”, and
(d) at the end of subsection (4)(b) insert
, and
(c) section 16(2) of the Northern Ireland (Emergency Provisions) Act 1996.
(3) For section 14(3)(a) (inadmissibility of evidence or information in certain proceedings) substitute—
(a) be admissible in proceedings on applications made under paragraph 1, 2, 5, 11, 13, 22, 28 or 30 of Schedule 5 to the Terrorism Act 2000.
17 (1) This paragraph applies to a reference in section 14(2) of the Northern Ireland (Sentences) Act 1998 (inadmissibility of evidence or information in certain proceedings) to an offence under a provision (“the old provision”) of—
(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or
(b) the Northern Ireland (Emergency Provisions) Act 1996.
(2) The reference shall be taken as including a reference to an offence under this Act which is committed in circumstances which would have amounted to the commission of an offence under the old provision before it ceased to have effect.
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))
18 (1) The Criminal Justice (Children) (Northern Ireland) Order 1998 shall be amended as follows.
(2) In Article 12(4) (release on bail) for “section 3 of the Northern Ireland (Emergency Provisions) Act 1996” substitute “ section 67 of the Terrorism Act 2000 ”.
Access to Justice Act 1999 (c. 22)
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 125.
Part I Acts
Chapter | Short title | Extent of repeal
1980 c. 62. | Criminal Justice (Scotland) Act 1980. | Sections 3A to 3D.
1984 c. 60. | Police and Criminal Evidence Act 1984. | Section 116(5).
1985 c. 73. | Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. | Section 35.
1988 c. 33. | Criminal Justice Act 1988. | Section 74(2)(e).
1989 c. 4. | Prevention of Terrorism (Temporary Provisions) Act 1989. | The whole Act.
1993 c. 36. | Criminal Justice Act 1993. | Sections 49 to 51.
Section 78(11).
In Schedule 4, paragraph 4.
In Schedule 5, paragraph 15.
1994 c. 33. | Criminal Justice and Public Order Act 1994. | Sections 81 to 83.
In Schedule 10, paragraphs 62 (other than sub-paragraph (4)(a) and (b)) and 63.
1995 c. 40. | Criminal Procedure (Consequential Provisions) (Scotland) Act 1995. | In Schedule 4, paragraph 72.
1995 c. 43. | Proceeds of Crime (Scotland) Act 1995. | In section 49(1), the definition of “the 1989 Act”.
1996 c. 7. | Prevention of Terrorism (Additional Powers) Act 1996. | The whole Act.
1996 c. 22. | Northern Ireland (Emergency Provisions) Act 1996. | The whole Act.
1998 c. 9. | Northern Ireland (Emergency Provisions) Act 1998. | The whole Act.
1998 c. 40. | Criminal Justice (Terrorism and Conspiracy) Act 1998. | Sections 1 to 4.
Part I of Schedule 1.
Part I of Schedule 2.
1999 c. 22. | Access to Justice Act 1999. | In paragraph 2(1) of Schedule 2, the word “or” after paragraph (f).
1999 c. 33. | Immigration and Asylum Act 1999. | In Schedule 14, paragraph 89.
Part II Orders
Reference | Title | Extent of revocation
S.I. 1989/1341 (N.I. 12). | Police and Criminal Evidence (Northern Ireland) Order 1989. | In Article 54(1) the words “Subject to paragraph (2)”.
Article 54(2).
Article 60(2).
Article 66(12).
In Schedule 2, the entry relating to the Prevention of Terrorism (Temporary Provisions) Act 1989.
In Schedule 6, paragraph 18.
S.I. 1989/2405 (N.I. 19). | Insolvency (Northern Ireland) Order 1989. | In Schedule 9, paragraph 62.
S.I. 1995/2993 (N.I. 17). | Police (Amendment) (Northern Ireland) Order 1995. | Article 10(8).
Article 11(7).
S.I. 1998/1504 (N.I. 9). | Criminal Justice (Children) (Northern Ireland) Order 1998. | In Schedule 5, paragraphs 39, 47 and 48.