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Computer Misuse Act 1990
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16 Application to Northern Ireland.U.K.
(1)The following provisions of this section have effect for applying this Act in relation to Northern Ireland with the modifications there mentioned.
[F1(1A)In section 1(3)(a)—
(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and
(b)the reference to [F2the general limit in a magistrates’ court] shall be read as a reference to six months.]
(2)In section 2(2)(b)—
(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and
(b)the reference to section 33 of the M1Magistrates’ Courts Act 1980 shall be read as a reference to Article 46(4) of the M2Magistrates’ Courts (Northern Ireland) Order 1981.
[F3(2A)In section 2(5)(a)—
(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and
(b)the reference to [F4the general limit in a magistrates’ court] shall be read as a reference to six months.]
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(3A)In section 3(6)(a)—
(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and
(b)the reference to [F7the general limit in a magistrates’ court] shall be read as a reference to six months.]
[F8(3B)In section 3A(5)(a)—
(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and
(b)the reference to [F9the general limit in a magistrates’ court] shall be read as a reference to six months.]
(4)[F10Subsection (7) below shall apply in substitution for subsection (3) of section 7]; F11. . . .
F12(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)The following paragraphs shall be inserted after Article 3(1) of that Order—
“(1A)Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this paragraph applies to an act, what the person doing it had in view shall be treated as an offence to which this Article applies.
(1B)Paragraph (1A) above applies to an act if—
(a)it is done in Northern Ireland; and
(b)it would fall within paragraph (1) as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in Northern Ireland.”.
(8)In section 8—
(a )F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the reference in subsection (3) to section 1(1A) of the M3Criminal Attempts Act 1981 shall be read as a reference to Article 3(1A) of that Order.
(9)The references in sections 9(1) and 10 to England and Wales shall be read as references to Northern Ireland.
[F13(9A)In section 10 the definition of “enactment” shall be read as including a reference to an enactment, whenever passed or made, contained in Northern Ireland legislation or in an instrument made under such legislation.]
(10)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 16(1A) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(2) (with s. 38(2)); S.I. 2008/2503, art. 2
F2Words in s. 16(1A)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F3S. 16(2A) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(3); S.I. 2008/2503, art. 2
F4Words in s. 16(2A)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F5S. 16(3) repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(4), Sch. 15 Pt. 4 (with s. 38(4)); S.I. 2008/2503, art. 2
F6S. 16(3A) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(5) (with s. 38(4)); S.I. 2008/2503, art. 2
F7Words in s. 16(3A)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F8S. 16(3B) inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(6); S.I. 2008/2503, art. 2
F9Words in s. 16(3B)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F10Words in s. 16(4) substituted (4.9.1998) by 1998 c. 40, s. 9(1), Sch. 1 Pt. II para. 6(3)(a) (with s. 9(3))
F11Words in s. 16(4) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(6), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2
F12S. 16(5)(6)(8)(a) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 6(3)(b), Sch. 2 Pt. II (with s. 9(3))
F13S. 16(9A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 44(3), 88(1); S.I. 2015/820, reg. 2(d)
F14S. 16(10)(11)(12) repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 27(4), Sch. 15 Pt. 4 (with s. 38(2)); S.I. 2008/2503, art. 2
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