Incitement to Disaffection Act 1934

4 Short title and applica tion to Scotland and Northern Ireland.

(1) This Act may be cited as the Incitement to Disaffection Act, 1934.

(2) This Act shall apply to Scotland subject to the following modifications:—

(a) subsection (2) of section two shall have effect as if for references to a judge of the High Court there were substituted references to the sheriff, and any application for a search warrant under the said subsection shall be made by the procurator fiscal instead of such officer as is therein mentioned;

(b) subsection (4) of section two shall not apply provided that anything seized under that section may be retained for a period not exceeding one month, or if within that period proceedings are commenced for an offence under this Act until the conclusion of those proceedings, and subject as aforesaid and to the provisions of any enactment, including this Act, conferring powers on courts dealing with offences, any property which has come into the possession of the police under this section shall be returned to the owner, or, if the owner cannot be ascertained, shall be disposed of in such manner as the sheriff, in a summary application made to him, may direct;

(c) the powers conferred by this Act on the sheriff shall not be exercisable by an honorary sheriff substitute.

(3) It is hereby declared that this Act extends to Northern Ireland, and in the application thereof to Northern Ireland the provisions of this Act requiring the consent of the Director of Public Prosecutions to the summary trial of cases shall have effect as if references to the Attorney-General for Northern Ireland were therein substituted for references to the Director of Public Prosecutions.