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Northern Ireland (Emergency Provisions) Act 1973

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This is the original version (as it was originally enacted).

30Commencement, duration, expiry and revival of provisions of this Act

(1)This Act shall come into force at the expiration of the period of two weeks beginning with the day on which it is passed.

(2)The provisions of this Act, except sections 1, 9 and 25 to 31 and Schedule 5 to this Act, shall remain in force until the expiry of the period of one year beginning with its passing and shall then expire unless continued in force by an order under this section.

(3)The Secretary of State may by order provide—

(a)that all or any of the said provisions which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding one year from the coming into operation of the order ;

(b)that all or any of the said provisions which are for the time being in force shall cease to be in force; or

(c)that all or any of the said provisions which are not for the time being in force shall come into force again and remain in force for a period not exceeding one year from the coming into operation of the order.

(4)The coming into force of any of the following provisions of this Act, that is to say, sections 2, 4, 5, 6 and 7, whether on the commencement of this Act or subsequently, shall not affect any trial on indictment where the indictment has been presented, or any summary trial which has started, before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.

(5)Where before the coming into force of section 4(1) above, whether on the commencement of this Act or subsequently, a person has been committed for trial for a scheduled offence and the indictment has not been presented, then, on the coming into force of that subsection, he shall—

(a)if he was committed to a court of assize other than the Belfast City Commission, be treated as having been committed to the Commission ; and

(b)if he was committed to a county court other than the Belfast Recorder's Court, be treated as having been committed to the Belfast Recorder's Court.

(6)The expiry or cesser of any provision mentioned in subsection (4) above shall not affect the application of that provision to any trial on indictment where the indictment has been presented, or any summary trial which has started, before the expiry or cesser; and it is hereby declared that the expiry or cesser of section 4(2) above shall not affect any committal of a person for trial under that subsection to the Belfast City Commission, or the Belfast Recorder's Court, where the indictment has not been presented.

(7)On the expiry or cesser of any provision of this Act section 38(2) of the [1889 c. 63.] Interpretation Act 1889 (effect of repeals) shall apply as if the provision had been repealed by another Act and, in the case of section 24 above, any regulations made thereunder had been enactments.

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