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Northern Ireland (Emergency Provisions) Act 1996 (repealed)
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- 1996 c. 22
- Part II
- Section 26
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Changes over time for: Section 26
Version Superseded: 20/07/2000
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- Stop date 19/02/2001- Amendment
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26 General powers of entry and interference with rights of property and with highways.N.I.
(1)Any member of Her Majesty’s forces on duty or any constable may enter any premises or other place—
(a)if he considers it necessary to do so in the course of operations for the preservation of the peace or the maintenance of order; or
(b)if authorised to do so by or on behalf of the Secretary of State.
(2)Any member of Her Majesty’s forces on duty, any constable or any person specifically authorised to do so by or on behalf of the Secretary of State may, if authorised to do so by or on behalf of the Secretary of State—
(a)take possession of any land or other property;
(b)take steps to place buildings or other structures in a state of defence;
(c)detain any property or cause it to be destroyed or moved;
(d)do any other act interfering with any public right or with any private rights of property, including carrying out any works on any land of which possession has been taken under this subsection.
(3)Any member of Her Majesty’s forces on duty, any constable or any person specifically authorised to do so by or on behalf of the Secretary of State may, so far as he considers it immediately necessary for the preservation of the peace or the maintenance of order—
(a)wholly or partly close a highway or divert or otherwise interfere with a highway or the use of a highway; or
(b)prohibit or restrict the exercise of any right of way or the use of any waterway.
(4)Any person who, without lawful authority or reasonable excuse (the proof of which lies on him), interferes with works executed, or any apparatus, equipment or any other thing used, in or in connection with the exercise of powers conferred by this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
(5)Any authorisation to exercise any powers under any provision of this section may authorise the exercise of all those powers, or powers of any class or a particular power specified, either by all persons by whom they are capable of being exercised or by persons of any class or a particular person specified.
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