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Northern Ireland (Emergency Provisions) Act 1978

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This is the original version (as it was originally enacted).

22Unlawful collection, etc. of information

(1)No person shall, without lawful authority or reasonable excuse (the proof of which lies on him)—

(a), collect, record, publish, communicate or attempt to elicit any information with respect to any person to whom this paragraph applies which is of such a nature as is likely to be useful to terrorists ;

(b)collect or record any information which is of such a nature as is likely to be useful to terrorists in planning or carrying out any act of violence ; or

(c)have in his possession any record of or document containing any such information as is mentioned in paragraph (a) or (b) above.

(2)Subsection (1)(a) above applies to any of the following persons, that is to say—

(a)any constable or member of Her Majesty's forces ;

(b)any person holding judicial office ;

(c)any officer of any court; and

(d)any person employed for the whole of his time in the prison service in Northern Ireland.

(3)In subsection (1) above any reference to recording information includes a reference to recording it by means of photography or by any other means.

(4)If any person contravenes this section, he shall be liable—

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

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

(5)The court by or before which a person is convicted of an offence under this section may order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.

(6)Without prejudice to section 33 of the [1889 c. 63.] Interpretation Act 1889 (offences under two or more laws), nothing in this section shall derogate from the operation of the Official Secrets Acts 1911 and 1920.

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