Northern Ireland (Emergency Provisions) Act 1978

PART IV Miscellaneous and General

27 Supplementary regulations for preserving the peace, etc.

(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 £400, 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.

28 Compensation

(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.

29 Restriction of prosecutions

(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) Article 7 of the [S.I. 1972/538 (N.I. 1).] Prosecution of Offences (Northern Ireland) Order 1972 shall apply in relation to any offence under this Act as if subsection (1) above were a consent provision within the meaning of that Article.

30 The scheduled offences

(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

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

• " constable " includes any member of the Royal Naval, Military or Air Force Police;

• " 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 [1970 c. 10 (N.I.).] 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 section 38(1) of the [1889 c. 63.] Interpretation Act 1889 (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.

32 Orders and regulations

(1) Any power to make orders or regulations conferred by this Act (except the powers to make orders conferred by 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) No order or regulations under this Act (except an order under either of those Schedules) 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) Orders and regulations under this Act (except an order under either of those Schedules and except an order or regulations of which a draft has been so approved) shall 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 [1946 c. 36.] 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).

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

(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 24th July 1978 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 six 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 six 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 shall, if he was committed to a court of assize (other than the Belfast City Commission) or to a county court, be treated as having been committed to that Commission.

(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.

(7) It is hereby declared that the expiry or cesser of subsection (2) of section 6 above shall not affect any committal of a person for trial under that subsection to the Belfast City Commission where the indictment has not been presented.

(8) 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 27 above, any regulations made thereunder had been enactments.

34 Consequential amendments

(1) In section 41(5)(b) of the [1877 c. 57.] Supreme Court of Judicature Act (Ireland) 1877 for the words from " 3(1)" onwards substitute " 2(1) and 6(3) and (4) of the Northern Ireland (Emergency Provisions) Act 1978 ".

(2) In paragraph 8 of Schedule 3 to the [1976 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1976 for " 1973 " substitute " 1978 ".

(3) In section 4(1) of the [1975 c. 59.] Criminal Jurisdiction Act 1975 for " said Act" substitute " Northern Ireland (Emergency Provisions) Act 1973 ".

35 Transitional provisions, savings and repeals

(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.

36 Short title and extent

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

(2) This Act extends to Northern Ireland only.