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Northern Ireland (Emergency Provisions) Act 1991 (c. 24)(The document as of February, 2008) Page 7 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 (3) A person who-- (a) knows or has reasonable cause to suspect that an investigation by an authorised investigator is being carried out or is likely to be carried out by virtue of this Schedule; and (b) falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which he knows or has reasonable cause to suspect are or would be relevant to such an investigation, is guilty of an offence unless he proves that he had no intention of concealing the facts disclosed by the document from any person carrying out such an investigation. (4) A person guilty of an offence under sub-paragraph (1) or (2) above is liable-- (a) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both; (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. (5) A person guilty of an offence under sub-paragraph (3) above is liable-- (a) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine or both; (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. Admissibility of evidence5 A statement made by a person in response to a requirement imposed by virtue of paragraph 2 above may not be used in evidence against him except-- (a) on a prosecution for an offence under paragraph 4(2) above; (b) on a prosecution for some other offence where he or a witness called on his behalf has in giving evidence made a statement inconsistent with the first-mentioned statement; or (c) on a prosecution for perjury. Restriction on disclosure of information6 (1) Information obtained by a person in his capacity as an authorised investigator may not be disclosed by him except to a constable or-- (a) for the purposes of any prosecution, whether in the United Kingdom or elsewhere; (b) to any government department or Northern Ireland department or other authority or body discharging its functions on behalf of the Crown; (c) to any competent authority; or (d) for the purpose of assisting any public or other authority for the time being designated for the purposes of this paragraph by an order made by the Secretary of State to discharge any functions which are specified in the order. (2) The following are competent authorities for the purposes of sub-paragraph (1)(c) above-- (a) an inspector appointed under Part XIV of the [1985 c. 6.] Companies Act 1985 or Part XV of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986; (b) an Official Receiver; (c) the Accountant in Bankruptcy; (d) an Official Assignee; (e) a person appointed to carry out an investigation under section 55 of the [1986 c. 53.] Building Societies Act 1986; (f) a body administering a compensation scheme under section 54 of the [1986 c. 60.] Financial Services Act 1986; (g) an inspector appointed under section 94 of that Act; (h) a person exercising powers by virtue of section 106 of that Act; (i) an inspector appointed under section 177 of that Act or any corresponding enactment having effect in Northern Ireland; (j) a person appointed by the Bank of England under section 41 of the [1987 c. 22.] Banking Act 1987 to carry out an investigation and make a report; (k) a person exercising powers by virtue of section 44(2) of the [1982 c. 50.] Insurance Companies Act 1982; (l) any body having supervisory, regulatory or disciplinary functions in relation to any profession or any area of commercial activity; and (m) any person or body having, under the law of any country or territory outside the United Kingdom, functions corresponding to any of the functions of any person or body mentioned in any of the foregoing paragraphs. (3) An order under paragraph (d) of sub-paragraph (1) above may impose conditions subject to which, and otherwise restrict the circumstances in which, information may be disclosed under that paragraph. Code of practice7 (1) The Secretary of State shall make a code of practice in connection with the exercise by authorised investigators of the powers conferred by this Schedule. (2) When the Secretary of State proposes to issue the code of practice under this paragraph he shall prepare and publish a draft of the code, shall consider any representations made to him about the draft and may modify the draft accordingly. (3) The Secretary of State shall lay before both Houses of Parliament a draft of the code of practice prepared by him under this paragraph; and when he has laid the draft of the code before both Houses he may bring the code into operation by an order made by him. (4) An order bringing the code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code. (5) The Secretary of State may from time to time revise the whole or any part of the code of practice issued by him under this paragraph and issue the code as revised; and the foregoing provisions of this paragraph shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of the code. (6) A failure on the part of an authorised investigator to comply with any provision of a code of practice issued under this paragraph shall not of itself render him liable to any criminal or civil proceedings. (7) In all criminal and civil proceedings such a code shall be admissible in evidence; and if any provision of such a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question. (8) In this paragraph "criminal proceedings" includes proceedings before a court-martial constituted under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957 and proceedings before the Courts-Martial Appeal Court. (9) Nothing in paragraph (8) of Article 66 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 or subsection (9) of section 67 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 shall require authorised investigators to have regard in exercising the powers conferred by this Schedule to any provision of a code under that Order or that Act. Section 60. SCHEDULE 6 Independent Assessor of Military Complaints Procedures in Northern IrelandTenure of office1 (1) Subject to the following provisions of this paragraph, the Independent Assessor shall hold and vacate office in accordance with the terms of his appointment. (2) The Independent Assessor shall be appointed for a term not exceeding three years. (3) The Independent Assessor may at any time resign his office by notice in writing addressed to the Secretary of State. (4) The Secretary of State may remove the Independent Assessor from office-- (a) if he has without reasonable excuse failed to carry out his duties for a continuous period of six months or more; (b) if he has been convicted of a criminal offence; (c) if a bankruptcy order has been made against him, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or (d) if the Secretary of State is satisfied that he is otherwise unable or unfit to perform his functions. (5) At the end of a term of appointment the Independent Assessor shall be eligible for re-appointment. Remuneration etc.2 (1) There shall be paid to the Independent Assessor such remuneration and such travelling and other allowances as the Secretary of State may determine. (2) In the case of any such holder of the office of Independent Assessor as may be determined by the Secretary of State, there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments towards the provision of a pension to or in respect of him, as may be so determined. (3) The approval of the Treasury shall be required for the making of a determination under this paragraph. Staff3 (1) The Independent Assessor may appoint such number of employees as he may determine. (2) The remuneration and other terms and conditions of service of persons employed by the Independent Assessor shall be such as he may determine. (3) The approval of the Secretary of State, given with the consent of the Treasury, shall be required for the making of a determination under this paragraph. Reports4 (1) The Independent Assessor shall prepare an annual report on the performance of his functions which he shall submit to the Secretary of State who shall cause it to be published and lay copies of it before each House of Parliament. (2) The Independent Assessor may make a report to the Secretary of State about any matter which comes to his attention in the course of the performance of his functions. Disqualification5 In Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the following entry shall be inserted at the appropriate place-- " Independent Assessor of Military Complaints Procedures in Northern Ireland. " Section 70(3). SCHEDULE 7 Consequential AmendmentsThe Rehabilitation of Offenders (Northern Ireland) Order 19781 In Article 3(2)(a) of the [S.I.1978/1908 (N.I.27).] Rehabilitation of Offenders (Northern Ireland) Order 1978 the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order made under section 47 of this Act. The Bankruptcy Amendment (Northern Ireland) Order 19802 Article 31 of the [S.I.1980/561 (N.I.4).] Bankruptcy Amendment (Northern Ireland) Order 1980 shall have effect as if amounts payable under confiscation orders made under section 47 of this Act were debts excepted under paragraph (1)(a) of that Article. The Fines and Penalties (Northern Ireland) Order 19843 In Article 17(2) of the [S.I.1984/703 (N.I.3).] Fines and Penalties (Northern Ireland) Order 1984 after paragraph (i) there shall be inserted-- " (j) the Table in section 35(2) of the Criminal Justice Act (Northern Ireland) 1945 as it has effect by virtue of paragraph 2(1)(b) of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991. " The Elected Authorities (Northern Ireland) Act 19894 (1) The [1989 c. 3.] Elected Authorities (Northern Ireland) Act 1989 shall be amended as follows. (2) In section 6(5), in the definition of "proscribed organisation" for the words "section 21 of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "section 28 of the Northern Ireland (Emergency Provisions) Act 1991". (3) In Schedule 2 for the words "Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1991". The Prevention of Terrorism (Temporary Provisions) Act 19895 (1) The [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows. (2) In section 10(3) for the words "section 21 of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "section 28 of the Northern Ireland (Emergency Provisions) Act 1991". (3) In section 17(1)(a)-- (a) for the words "section 21 of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "section 27 or 28 of the Northern Ireland (Emergency Provisions) Act 1991"; (b) for the words "section 21 of the said Act of 1978" there shall be substituted the words "section 28 of the said Act of 1991"; (c) for the words "section 21(4) of that Act" there shall be substituted the words "section 28(3) of that Act". (4) In section 27(10) for the words "section 21 of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "section 28 of the Northern Ireland (Emergency Provisions) Act 1991". (5) For subsection (11) of section 27 there shall be substituted-- " (11) The provisions excluded by subsection (10) above from subsection (5) shall remain in force until 15th June 1992 and then expire but shall be-- (a) included in the provisions to which subsection (3) of section 69 of the said Act of 1991 applies (provisions that can be continued in force, repealed or revived by order); and (b) treated as part of that Act for the purposes of subsection (9) of that section (repeal at end of five years). " (6) In paragraph 7(4) of Schedule 3 for the words "sections 14 and 15 of the Northern Ireland (Emergency Provisions) Act 1987" there shall be substituted the words "sections 44 and 45 of the Northern Ireland (Emergency Provisions) Act 1991". (7) In paragraph 8(1) of Schedule 4, in the definition of "a Northern Ireland order" after the words "paragraph 23" there shall be inserted the words "or 25A". (8) In paragraph 18(1) of Schedule 4, in the definition of "a Northern Ireland order" after the words "paragraph 23" there shall be inserted the words "or 25A". (9) After paragraph 25 of Schedule 4 there shall be inserted-- " 25A (1) The power to make a restraint order under the provisions of paragraphs 23 and 24 above shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary or a person authorised under section 57 of the Northern Ireland (Emergency Provisions) Act 1991 to investigate an offence under Part III of this Act. (2) In their application by virtue of sub-paragraph (1) above paragraphs 23 to 25 above shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State. (3) An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 23(5) or 24(2) above. 25B (1) A person who, without lawful authority or reasonable excuse (the proof of which lies on him), contravenes a restraint order is guilty of an offence and liable-- (a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both; (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. (2) Nothing in sub-paragraph (1) above shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court. " The Police and Criminal Evidence (Northern Ireland) Order 19896 (1) The [S.I.1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows. (2) In Article 4(3), for paragraph (b) there shall be substituted-- " (b) section 19, section 20 (insofar as the powers under that section are exercisable by a constable) and section 26 of the Northern Ireland (Emergency Provisions) Act 1991, and " . (3) In Article 30(3) for the words "section 14(2) of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "section 18(2) of the Northern Ireland (Emergency Provisions) Act 1991". (4) In Article 54(2) for the words "section 15(3)(b) of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "section 19(6)(b) of the Northern Ireland (Emergency Provisions) Act 1991". (5) In Article 74(9) for the words "section 8 of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "section 11 of the Northern Ireland (Emergency Provisions) Act 1991". (6) In Article 76(2)(b) for the words "subsection (1) of section 8 of the Northern Ireland (Emergency Provisions) Act 1978" there shall be substituted the words "subsection (1) of section 11 of the Northern Ireland (Emergency Provisions) Act 1991". The Insolvency (Northern Ireland) Order 19897 Article 255 of the [S.I.1989/2405 (N.I.19).] Insolvency (Northern Ireland) Order 1989 shall have effect as if the reference to a fine included a reference to a confiscation order made under section 47 of this Act. The Criminal Justice (Confiscation) (Northern Ireland) Order 19908 In Article 2(4)(b) of the [S.I.1990/2588 (N.I.17).] Criminal Justice (Confiscation) (Northern Ireland) Order 1990 after "1989" there shall be inserted the words "or a relevant offence within the meaning of Part VII of the Northern Ireland (Emergency Provisions) Act 1991". Section 70(4). SCHEDULE 8 Repeals and RevocationsPart I Enactments
Part II Orders and Regulations
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