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Northern Ireland (Emergency Provisions) Act 1991

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This is the original version (as it was originally enacted).

31Unlawful 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 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;

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

(e)any person who has at any time been a person falling within any of the preceding paragraphs.

(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)Any person who contravenes this section is guilty of an offence and liable—

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

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum 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 18 of the [1978 c. 30.] Interpretation Act 1978 (offences under two or more laws), nothing in this section shall derogate from the operation of the Official Secrets Acts 1911 to 1989.

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