Part IV

Miscellaneous and General

Commencement, duration, expiry and revival of provisions of this Act.
33
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 21st March 1988 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 twelve 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 twelve 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 the Crown Court sitting elsewhere than in Belfast, be treated as having been committed to the Crown Court sitting in Belfast or (where the Lord Chancellor gives a direction under that subsection with respect to the trial) to the Crown Court sitting at the place specified in the direction.
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 any provision of section 6 above shall not affect—
a
any committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or
b
any committal of a person for trial which, in accordance with that provision, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast,
in a case where the indictment has not been presented.
8
On the expiry or cesser of any provision of this Act, section 16(1) of the Interpretation Act 1978 (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.
9
This Act shall, by virtue of this subsection, be repealed as from the end of the period of five years beginning with the date of the passing of the
Northern Ireland (Emergency Provisions) Act 1987.
Act repealed (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Schedule 8 PartI
S. 33: for previous exercises of power see Index to Government Orders
Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(2)(5)
S. 33(3)(a): power exercised by S.I 1991/779.
Word substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(3)
Words substituted by Judicature (Northern Ireland) Act 1897 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II(1)
Words added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 7(a)
S. 33(7) substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 7(b)
Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)
1978 c. 30
(115:1).
S. 33(9) added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(4)
1987 c. 30
(39:1).