The Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1990

Statutory Instruments

1990 No. 675

NORTHERN IRELAND

The Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1990

Made

20th March 1990

Coming into force

22nd March 1990

Whereas a draft of this Order has been approved by resolution of each House of Parliament;

Now, therefore, in exercise of the powers conferred upon me by section 33(3)(a) of the Northern Ireland (Emergency Provisions) Act 1978(1), section 26(4)(a) of the Northern Ireland (Emergency Provisions) Act 1987(2) and section 27(11)(a) of the Prevention of Terrorism (Temporary Provisions) Act 1989(3), I hereby make the following Order:

1.  This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1990 and shall come into force on 22nd March 1990.

2.  In this Order–

(a) “the temporary provisions of the 1978 Act”(4) means all the provisions of the Northern Ireland (Emergency Provisions) Act 1978, except sections 5 and 28 to 36, Part III of Schedule 4, Schedules 5 and 6 and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7;

(b) “the temporary provisions of the 1987 Act” means Parts II and III of the Northern Ireland (Emergency Provisions) Act 1987(5); and

(c) “the 1989 Act provisions” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (“the 1989 Act”), that is to say–

(i) Parts III and V of the 1989 Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 21 of the Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section, and

(ii) sections 21 to 24 of the 1989 Act.

3.  The temporary provisions of the 1978 Act except section 12, Schedule 1 and section 24, the temporary provisions of the 1987 Act, and the 1989 Act provisions, shall continue in force for a period of twelve months beginning with 22nd March 1990.

P. L. Brooke

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

20th March 1990

Explanatory Note

(This note is not part of the Order)

Apart from this Order, the temporary provisions of the Northern Ireland (Emergency Provisions) Acts 1978 and 1987 would expire with 21st March 1990. They are currently in force by virtue of the Northern Ireland (Emergency Provisions) Acts 1978 and 1987 (Continuance) Order 1989 (S.I. 1989/509). This Order continues in force the temporary provisions of the 1978 and 1987 Acts for a period of twelve months beginning with 22nd March 1990, except for certain provisions of the 1978 Act. These are section 12 and Schedule 1 (which relate to the detention of terrorists) and section 24 (which makes it an offence to fail to disperse when required to do so by a commissioned officer of HM forces or an officer not below the rank of Chief Inspector of the Royal Ulster Constabulary).

The Order also continues in force for the same period the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989, which likewise would but for this Order expire with 21st March 1990.

(1)

1978 c. 5. Section 33 is amended by section 13 of the Northern Ireland (Emergency Provisions) Act 1987.

(2)

1987 c. 30.

(3)

1989 c. 4.

(4)

Some of the temporary provisions of the 1978 Act are amended by Part I and section 25 of 1987 c. 30, and by S.I. 1989/1501.

(5)

Section 16(1) is amended by 1989 c. 4, Schedule 8, paragraph 8.