N.I.

Northern Ireland (Emergency Provisions) (Amendment) Act 1975

1975 CHAPTER 62

An Act to amend the Northern Ireland (Emergency Provisions) Act 1973; to make further provision with respect to criminal proceedings, the maintenance of order and the detection of crime in Northern Ireland; to provide for the detention of terrorists there; and for connected purposes.

[7th August 1975]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 “The principal Act" means the Northern Ireland (Emergency Provisions) Act 1973 (c. 53)

Trial of certain offences, etc. N.I.

1 Admissibility of written statements made outside Northern Ireland. N.I.

(1) Section 1 of the M1 Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (admissibility of written statements in criminal proceedings other than preliminary investigations and preliminary enquiries), section 3 of the M2 Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968 (admissibility of written statements in preliminary enquiries) . . . F1 shall apply to written statements made in Great Britain as well as to written statements made in Northern Ireland.

(2) The said section 3 shall apply also to written statements made outside the United Kingdom and (after the commencement of section 9 of the M3 Criminal Jurisdiction Act 1975) the Republic of Ireland, but, in relation to such statements, that section shall have effect with the omission of subsection (2)(c).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words repealed by S.I. 1979/1714, Sch. 2

Marginal Citations

M1 1968 c. 28 (N.I.)

M2 1968 c. 32 (N.I.)

M3 1975 c. 59.

2—5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Ss. 2–5, 6(1)(2)(a) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

6

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2) (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 2(3) of Schedule 2 to the Criminal Jurisdiction Act 1975 for the words from “on that date" onwards there shall be substituted the words “on that date any committal for trial of the offence by a county court or by a court of assize other than the Belfast City Commission shall be treated as a committal to that Commission".

(3) This section shall not apply to a trial on indictment where the accused was committed to the Belfast Recorder’s Court before the commencement of this Act.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Ss. 2–5, 6(1)(2)(a) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

Modifications etc. (not altering text)

C2 The text of Ss. 6(2)(b)(3), 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 Repeal of s.5 of principal Act. N.I.

Section 5 of the principal Act (admissibility in certain circumstances in criminal proceedings for scheduled offences of written statements made and signed in the presence of a constable) shall cease to have effect and section 30(6) of that Act shall apply accordingly.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3 The text of Ss. 6(2)(b)(3), 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

Powers of detention, search, seizure, etc. N.I.

9 Detention of terrorists, etc. N.I.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2) The transitional provisions set out in Part II of Schedule 1 to this Act shall have effect.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

Offences against public security and public order N.I.

12, 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

14 Riotous and disorderly behaviour. N.I.

. . . F8 section 9(1) of the M4 Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 shall have effect as originally enacted.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Words repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. I

Marginal Citations

M4 1968 c. 28 (N.I)

15—19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

Miscellaneous and general N.I.

20 Interpretation, etc. N.I.

(1) In this Act “the principal Act” has the meaning assigned by section 3 above and any expression used in this Act and in the principal Act shall have the same meaning in this Act as in that Act.

(2) Any reference in this Act, except so far as the context otherwise requires, to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(3) It is hereby declared that, in applying section 38(1) of the M5 Interpretation Act 1889 (effect of repeal and re–enactment) for the construction of references in this Act to other Acts, account is to be taken of repeal and re–enactment by a Measure of the Northern Ireland Assembly or an Order in Council.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M5 1889 c. 63.

21, 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F10 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

23 †Short title, repeals and extent. N.I.

(1) This Act may be cited as the Northern Ireland (Emergency Provisions) (Amendment) Act 1975.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3) This Act shall extend to Northern Ireland only.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

Modifications etc. (not altering text)

C4 Unreliable marginal note

SCHEDULES

SCHEDULE 1 N.I.

F12 Part I N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F12 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II N.I. Transitional Provisions

16 (1) Any interim custody order or detention order made under Schedule 1 to the principal Act which is in force immediately before the commencement of this Act shall have effect as if it had been made under paragraph 4 or paragraph 8 above, as the case may be, and, in the case of an interim custody order, as if it had been so made immediately upon the commencement of this Act. N.I.

(2) Any statement served under paragraph 13 of Schedule 1 to the principal Act shall have effect as if it had been served under paragraph 6 above immediately upon the commencement of this Act.

(3) Any proceedings under Part III of Schedule 1 to the principal Act which have begun but are not completed before the commencement of this Act shall be continued as if this Act had not been passed.

(4) In so far as any other thing made or done under Schedule 1 to the principal Act could have been made or done under any provision of Part I of this Schedule, it shall have effect as if it had been made or done under that provision.

F13 SCHEDULES 2, 3 N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13 Ss. 8, 9(1)(3), 10–13, 15–19, 21–23(2), Sch. 1 Pt. 1, Schs. 2, 3 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5), Sch. 6 Pt. 1

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