Northern Ireland (Emergency Provisions) Act 1978 (Repealed 27.8.1991)

Part IV N.I. Miscellaneous and General

27 Supplementary regulations for preserving the peace, etc. N.I.

(1) The Secretary of State may by regulations make provision additional to the foregoing provisions of this Act for promoting the preservation of the peace and the maintenance of order.

(2) Any person contravening or failing to comply with the provisions of any regulations under this section or any instrument or directions under any such regulations shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F1 level 5 on the standard scale], or both.

(3) The regulations contained in Schedule 3 to this Act shall be deemed to have been made under this section and to have been approved in draft by each House of Parliament, and may be varied or revoked accordingly.

Textual Amendments

F1 Words substituted by virtue of S. I. 1984/703 (N.I. 3), arts. 5, 6

[F2 X1 28 Compensation. N.I.

(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State.

(2) Any question as to compensation under this section shall, in default of agreement, be referred for determination to the county court or an arbitrator to be appointed by that court.

(3) The procedure for determining any question referred under subsection (2) above shall be that prescribed by rules made by the Lord Chief Justice of Northern Ireland after consultation with the Secretary of State.

(4) Nothing in this section shall be construed as giving to any person by whom an offence has been committed any right to compensation in respect of property taken, occupied, destroyed or damaged or in respect of any other act done in connection with the offence.]

Editorial Information

X1 Ss. 28, 28A substituted (prosp.) for s. 28 (containing (1) - (4)) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(1)(2), 26(1)(2)

Textual Amendments

F2 Ss. 28, 28A substituted (prosp.) for s. 28 (containing (1) - (4)) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(1)(2), 26(1)(2)

Prospective

[F3 28 Compensation. N.I.

(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State to any person who—

(a) has an estate or interest in that property or (as the case may be) is entitled to those rights of property, and

(b) suffers loss or damage as a result of the act.

(2) No compensation shall be payable under this section in respect of any act falling within subsection (1) above unless an application for such compensation is made to the Secretary of State, in such manner as he may specify, within—

(a) the period of four months beginning with the relevant date, or

(b) such longer period beginning with that date and not exceeding 12 months as—

(i) the Secretary of State on a request being made to him in writing, or

(ii) the county court on an appeal under subsection (4) below,

may in a particular case allow.

(3) In subsection (2) above “the relevant date”, in relation to any such act as is there mentioned, means—

(a) where the act was done before the date of the coming into force of section 12 of the Northern Ireland (Emergency Provisions) Act 1987, that date, and

(b) in any other case, the date when the act was done.

(4) Where the Secretary of State refuses any request made to him for the purposes of subsection (2)(b) above, he shall serve a notice of his refusal on the person who made the request, and that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against that refusal.

(5) Where the Secretary of State has determined any application for compensation made in accordance with subsection (2) above, he shall serve on the applicant either—

(a) a notice stating that he has decided to award the applicant compensation in pursuance of his application and specifying the amount of the award, or

(b) a notice stating that he has decided to refuse the application;

and the applicant may within the period of six weeks beginning with the date of service of the notice appeal to the county court against the decision of the Secretary of State to pay the amount of compensation specified in the notice or (as the case may be) to refuse the application (and unless he so appeals within that period that decision shall become in all respects final and binding).

(6) Any notice served under subsection (4) or (5) above shall contain particulars of the right to make an appeal under that subsection and, in the case of a notice served under subsection (5), of the consequences of a failure to exercise that right.

(7) Where—

(a) a person having a right to compensation under this section has made an application in accordance with subsection (2) above, and

(b) by virtue of any assignment or operation of law that right has passed to any other person,

that other person (or, if he is subject to any legal disability, the person appearing to the Secretary of State to be entitled to act on his behalf) may be treated by the Secretary of State as the applicant for the purposes of any provision of this section.

(8) Where—

(a) a person has a right to compensation in respect of any act falling within subsection (1) above, and

(b) the act was done in connection with, or revealed evidence of the commission of—

(i) a scheduled offence, or

(ii) an offence under this Act (other than a scheduled offence), and

(c) proceedings for that offence are brought against that person,

his right to such compensation shall not be enforceable at any time when any such proceedings have not been concluded, or if he is convicted of the offence.]

Textual Amendments

F3 Ss. 28, 28A substituted (prosp.) for s. 28 (containing (1) - (4)) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(1)(2), 26(1)(2)

Modifications etc. (not altering text)

C1 S. 28(5)–(7) amended (prosp.) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(2)(3), 26(1)(2)

Prospective

28A (1) The Lord Chief Justice of Northern Ireland after consultation with the Secretary of State may make rules as to—

(a) the bringing of appeals under subsection (4) or (5) of section 28 above;

(b) the hearing and determination of such appeals; and

(c) any incidental or ancilliary matters, including the awarding of costs in connection with such appeals;

and any such rules shall be statutory rules for the purposes of the M1 Statutory Rules (Northern Ireland) Order 1979.

(2) Any notice required by section 28 above to be served on any person by the Secretary of State may—

(a) if that person is an individual, be served on him—

(i) by delivering it to him, or

(ii) by sending it by post addressed to him at his usual or last-known place of residence or business, or

(iii) by leaving it for him there;

(b) if that person is a partnership, be served on the partneship—

(i) 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

(ii) by addressing it to a partner or any such person and leaving it at that office;

(c) if that person is a body corporate, be served on the body—

(i) by sending it by post to the secretary or clerk of the body at its registered or principal office, or

(ii) by addressing it to the secretary or clerk of the body and leaving it at that office; or

(d) in any case, be served on that person’s solicitor, or by sending it by post to him at his office, or by leaving it for him there.

Marginal Citations

M1 1979/ 1573(N.I. 12).

29 Restriction of prosecutions. N.I.

(1) A prosecution shall not be instituted in respect of any offence under this Act except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 S. 29(2) repealed by 1980/704 (N.I. 6), art. 13, Sch. 2

30 The scheduled offences. N.I.

(1) In this Act “scheduled offence” means an offence specified in Part I or Part III of Schedule 4 to this Act, subject, however, to any relevant note contained in the said Part I.

(2) Part II of that Schedule shall have effect with respect to offences related to those specified in Part I of that Schedule.

(3) The Secretary of State may by order amend Parts I and II of that Schedule (whether by adding an offence to, or removing an offence from, either of those Parts, or otherwise).

31 Interpretation. N.I.

(1) In this Act, except so far as the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

• “dwelling-house” means any building or part of a building used as a dwelling;

• “enactment” includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly;

• “explosive” means any article or substance manufactured for the purpose of producing a practical effect by explosion;

• “explosive substance” means any substance for the time being specified in regulations made under section 3 of the M2 Explosives Act (Northern Ireland) 1970;

• “firearm” includes an air gun or air pistol;

• “proscribed organisation” means an organisation for the time being specified in Schedule 2 to this Act, including an organisation which is to be treated as a proscribed organisation by virtue of section 21(3) above;

• “public place” means a place to which for the time being members of the public have or are permitted to have access, whether on payment or otherwise;

• “scheduled offence” has the meaning ascribed to it by section 30 above;

• “terrorism” means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear;

• “terrorist” means a person who is or has been concerned in the commission or attempted commission of any act of terrorism or in directing, organising or training persons for the purpose of terrorism;

• “vehicle” includes a hovercraft.

(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 [F6 section 17(2)(a) of the M3 Interpretation Act 1978] (effect of repeal and re-enactment) for the construction of references in this Act to other Acts or enactments, account is to be taken of repeal and re-enactment by a Measure of the Northern Ireland Assembly or an Order in Council.

Textual Amendments

F5 Definition of “constable” repealed by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1)(2), Sch. 1 para. 5, Sch.2 Pt. I

F6 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)

Marginal Citations

M2 1970 c. 10 (N.I.)

M3 1978 c. 30(115:1.)

32 Orders and regulations. N.I.

(1) Any power to make orders or regulations conferred by [F7 section 19A above and] Schedules 1 and 3 to this Act) shall be exercisable by statutory instrument.

(2) Any power to make an order under any provision of this Act shall include power to vary or revoke any order under that provision.

(3) [F8 Subject to subsection (5) below, no order or regulations under this Act] shall be made unless—

(a) a draft of the order or regulations has been approved by resolution of each House of Parliament; or

(b) it is declared in the order or regulations that it appears to the Secretary of State that by reason of urgency it is necessary to make the order or regulations without a draft having been so approved.

(4) [F9 Subject to subsection (5) below, orders and regulations under this Act shall, if not so approved in draft,] be laid before Parliament after being made and, if at the end of the period of 40 days (computed in accordance with section 7(1) of the M4 Statutory Instruments Act 1946) after the day on which the Secretary of State made an order or regulations a resolution has not been passed by each House approving the order or regulations in question, the order or regulations shall then cease to have effect (but without prejudice to anything previously done or to the making of a new order or new regulations).

[F10 (5) subsections (3) and (4) above do not apply to—

(a) any order under section 19A above or under Schedule 1 or 3 to this Act; or

(b) any regulations under section 5A above;

but a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F7 Words inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 6(a)

F8 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 6(b)

F9 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30 SIF 39:1), s. 25(1), Sch. 1 para. 6(c)

F10 S. 32(5) added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 6(d)

Marginal Citations

M4 1946 c. 36.

33 Commencement, duration, expiry and revival of provisions of this Act. N.I.

(1) This Act (except section 32 above and this section) shall come into operation on 1st June 1978.

(2) The provisions of this Act, except sections 5 and 28 to 36, Part III of Schedule 4 and Schedules 5 and 6 to this Act and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7 above, shall expire with [F11 21st March 1988] 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 [F12 twelve] months 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 [F12 twelve] months from the coming into operation of the order.

(4) The coming into force of any provision of sections 6 to 9 above (otherwise than on the commencement of this Act) 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 subsection (1) of section 6 above (otherwise than on the commencement of this Act), 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 [F13 shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed to the Crown Court sitting in Belfast][F14 or (where the Lord Chancellor gives a direction under that subsection with respect to the trial) to the Crown Court sitting at the place specified in the direction.]

(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.

[F15 (7) It is hereby declared that the expiry or cesser of any provision of section 6 above shall not effect—

(a) any committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or

(b) any committal of a person for trial which, in accordance with that provision, 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.]

(8) On the expiry or cesser of any provision of this Act, [F16 section 16(1) of the M5 Interpretation Act 1978] (effect of repeals) shall apply as if the provision had been repealed by another Act and, in the case of section 27 above, any regulations made thereunder had been enactments.

[F17 (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 M6 Northern Ireland (Emergency Provisions) Act 1987.]

Textual Amendments

F11 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(2)(5)

F12 Word substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(3)

F13 Words substituted by Judicature (Northern Ireland) Act 1897 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II(1)

F14 Words added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 7(a)

F15 S. 33(7) substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 7(b)

F16 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)

F17 S. 33(9) added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(4)

Marginal Citations

M5 1978 c. 30(115:1).

M6 1987 c. 30(39:1).

34 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(2) In paragraph 8 of Schedule 3 to the M7 Prevention of Terrorism (Temporary Provisions) Act 1976 for “1973” substitute “1978”.

(3) In section 4(1) of the M8 Criminal Jurisdiction Act 1975 for “said Act” substitute “Northern Ireland (Emergency provisions) Act 1973”.

Textual Amendments

F18 S. 34(1) repealed by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(2), Sch. 7 Pt. I

Modifications etc. (not altering text)

C2 The text of s. 34 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M7 1976 c. 8.

M8 1975 c. 59.

35 Transitional provisions, savings and repeals. N.I.

(1) Neither any rule of law nor any enactment other than this Act nor anything contained in a commission issued for the trial of any person shall be construed as limiting or otherwise affecting the operation of any provision of this Act for the time being in force, but—

(a) subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty’s prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; and

(b) subject to the foregoing and to section 33(6) above, a provision of this Act shall not affect the operation of any rule of law or enactment at a time when the provision is not in force.

(2) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect.

(3) Subject to Schedule 5, the enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Modifications etc. (not altering text)

C3 The text of s. 35(3) and Schedule 6 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.

36 Short title and extent. N.I.

(1) This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1978.

(2) This Act extends to Northern Ireland only.