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Prevention of Terrorism (Temporary Provisions) Act 1974

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3Orders to prevent terrorism

(1)The Secretary of State may exercise the powers conferred on him by this Part of this Act in such way as appears to him expedient to prevent acts of terrorism (whether in Great Britain or elsewhere) designed to influence public opinion or Government policy with respect to affairs in Northern Ireland.

(2)In deciding whether to exercise his powers under this section in relation to a person who is ordinarily resident in Great Britain, the Secretary of State shall have regard to the question whether that person's connection with any territory outside Great Britain is such as to make it appropriate that an order should be made against him under this section.

(3)If the Secretary of State is satisfied that—

(a)any person (whether in Great Britain or elsewhere) is concerned in the commission, preparation or instigation of acts of terrorism, or

(b)any person is attempting or may attempt to enter Great Britain with a view to being concerned in the commission, preparation or instigation of acts of terrorism,

the Secretary of State may make an order against that person prohibiting him from being in, or entering, Great Britain.

(4)An order shall not be made under this section against a person who is a citizen of the United Kingdom and Colonies and who—

(a)is at the time ordinarily resident in Great Britain, and has then been ordinarily resident in Great Britain throughout the last 20 years, or

(b)was born in Great Britain and has, throughout his life, been ordinarily resident in Great Britain. Paragraph (a) shall be construed in accordance with Schedule 2 to this Act.

(5)When any question arises under this Act whether or not a person is exempted by subsection (4) above, it shall lie on the person asserting it to prove that he is.

(6)An order made under the preceding provisions of this section is referred to in this Act as an " exclusion order ".

(7)An exclusion order may be revoked at any time by a further order made by the Secretary of State.

(8)If—

(a)a person subject to an exclusion order fails to comply with the order at a time after he has been served with notice of the making of the order, or

(b)a person is knowingly concerned in arrangements for securing or facilitating the entry into Great Britain of a person whom he knows, or has reasonable cause to believe, to be a person subject to an exclusion order, or

(c)a person knowingly harbours a person whom he knows, or has reasonable cause to believe, to be a person subject to an exclusion order,

he shall be liable—

(i)on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £400, or both, and

(ii)on conviction on indictment to imprisonment for a term not exceeding five years, or to a fine, or both.

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