The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2001

Statutory Instruments

2001 No. 3411

PRISONS

The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2001

Approved by both Houses of Parliament

Made

12th October 2001

Laid before Parliament

17th October 2001

Coming into force

13th October 2001

Whereas the Secretary of State considers it necessary by reason of urgency for this Order to be made without a draft having been approved by resolution of each House of Parliament:

And whereas the Secretary of State believes that the organisations specified in the Schedule to this Order are concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and that they have not established or are not maintaining a complete and unequivocal ceasefire:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 3(8) of the Northern Ireland (Sentences) Act 1998(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2001 and shall come into force on the day after the day on which it is made.

(2) The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 1999(2) is hereby revoked.

2.  The organisations specified in the Schedule to this Order are specified organisations for the purposes of the Northern Ireland (Sentences) Act 1998.

John Reid

One of Her Majesty’s Principal Secretaries

Northern Ireland Office

12th October 2001

Article 2

SCHEDULE SPECIFIED ORGANISATIONS

The Continuity Irish Republican Army

The Loyalist Volunteer Force

The organisation using the name “The Orange Volunteers” and in the name of which a statement described as a press release was published on 14 October 1998

The “Real” Irish Republican Army

The Red Hand Defenders

The Ulster Defence Association

The Ulster Freedom Fighters

Explanatory Note

(This note is not part of the Order)

Under section 3 of the Northern Ireland (Sentences) Act 1998, the Secretary of State must specify an organisation if he believes that it is concerned with terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and that it has not established or is not maintaining a complete and unequivocal ceasefire. The Secretary of State is obliged to review the list of specified organisations from time to time.

Following such a review, the Secretary of State has decided to specify the Ulster Defence Association, the Ulster Freedom Fighters and the Loyalist Volunteer Force in addition to the Continuity IRA, the “Real” IRA, the Red Hand Defenders and the Orange Volunteers which were specified by S.I. 1999/1152, which this Order revokes.

The effect of specifying an organisation is that a prisoner who is, or who would be likely to become, a supporter of such an organisation, is ineligible for release under the 1998 Act or, if released, is liable to recall to prison.

(1)

1998 c. 35.

(2)

S.I. 1999/1152.