PREVENTION OF TERRORISM ACT ( PTA ) - Part 1



                            ELIZABETH II



                     Prevention of Terrorism

                      (Temporary Provisions)

                             Act 1989

                          1989 CHAPTER 4



An Act to make provision in place of the Prevention of Terrorism

  (Temporary Provisions) Act 1984; to make further provision in

  relation to powers of search under, and persons convicted of

  scheduled offences within the meaning of, the Northern Ireland

  (Emergency Provisions) Act 1978; and to enable the Secretary of

  State to prevent the establishment of new explosives factories,

  magazines and stores in Northern Ireland.  [15th March 1989]



BE IT ENACTED by the Queen's most Excellent Majesty, by and

with the advice and consent of the Lords Spiritual and Temporal,

and Commons, in this present Parliament assembled, and by the

authority of the same, as follows:-



                             PART I

                     PROSCRIBED ORGANISATIONS



  1.-(1) Any organisation for the time being specified in Schedule 1 to

this Act is a proscribed organisation for the purposes of this Act; and any

organisation which passes under a name mentioned in that Schedule shall

be treated as proscribed whatever relationship (if any) it has to any other

organisation of the same name.



  (2) The Secretary of State may by order made by statutory instrument -



    (a) add to Schedule 1 to this Act any organisation that appears to

        him to be concerned in, or in promoting or encouraging, terrorism

        occuring in the United Kingdom and connected with the affairs of

        Northern Ireland;



    (b) remove an organisation from that Schedule.



  (3) No order shall be made under this section unless -



    (a) a draft of the order has been laid before and approved by a

        resolution of each House of Parliament; or



    (b) it is declared in the order that it appears to the Secretary of State

        that by reason of urgency it is necessary to make the order

        without a draft having been so approved.



  (4) An order under this section of which a draft has not been approved

under subsection (3) above -



    (a) shall be laid before Parliament; and



    (b) shall cease to have effect at the end of the period of forty days

        beginning with the day on which it was made unless, before the

        end of that period, the order has been approved by a resolution

        of each House of Parliament, but without prejudice to anything

        previously done or to the making of a new order.



  (5) In reckoning for the purposes of subsection (4) above any period of

forty days, no account shall be taken of any period during which

Parliament is dissolved or prorogued or during which both Houses are

adjourned for more than four days.



  (6) In this section "organisation" includes any association or

      combination of persons.



  2.-(1) Subject to subsection (3) below, a person is guilty of an offence

if he -



    (a) belongs or professes to belong to a proscribed organisation;



    (b) solicits or invites support for a proscribed organisation other

         than support with money or other property; or



    (c) arranges or assists in the arrangement or management of, or

        addresses, any meeting of three or more persons (whether or not

        it is a meeting to which the public are admitted) knowing that

        the meeting is -



          (i) to support a proscribed organisation;



         (ii) to further the activities of such an organisation; or



        (iii) to be addressed by a person belonging or professing to

              belong to such an organisation.



  (2) A person guilty of an offence under subsection (1) above is liable -



    (a) on conviction on indictment, to imprisonment for a term not

        exceeding ten 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.



  (3) A person belonging to a proscribed organisation is not guilty of an

      offence under this section by reason of belonging to the organisation

      if he shows -



    (a) that he became a member when it was not a proscribed

        organisation under the current legislation; and



    (b) that he has not since he became a member taken part in any of its

        activities at any time while it was a proscribed organisation

        under that legislation.     -



  (4) In subsection (3) above "the current legislation", in relation to any

time, means whichever of the following was in force at that time



    (a) the Prevention of Terrorism (Temporary Provisions) Act 1974;



    (b) the Prevention of Terrorism (Temporary Provisions) Act 1976;



    (c) the Prevention of Terrorism (Temporary Provisions) Act 1984;

        or



    (d) this Act.



  (5) The reference in subsection (3) above to a person becoming a

member of an organisation is a reference to the only or last occasion on

which he became a member.



  3.-(1) Any person who in a public place -



    (a) wears any item of dress; or



    (b) wears, carries or displays any article,



in such a way or in such circumstances as to arouse reasonable

apprehension that he is a member or supporter of a proscribed

organisation, 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.



  (2) In Scotland a constable may arrest without warrant anyone whom

he has reasonable grounds to suspect of being a person guilty of an offence

under this section.



  (3) In this section "public place" includes any highway or, in Scotland,

any road within the meaning of the Roads (Scotland) Act 1984 and any

premises to which at the material time the public have, or are permitted

to have, access, whether on payment or otherwise.



                             PART II

                         EXCLUSION ORDERS



  4.-(1) The Secretary of State may exercise the powers conferred on

him by this Part of this Act in such a way as appears to him expedient to

prevent acts of terrorism to which this Part of this Act applies.



  (2) The acts of terrorism to which this Part of this Act applies are acts

of terrorism connected with the affairs of Northern Ireland.



  (3) An order under section 5, 6 or 7 below is referred to in this Act as

an "exclusion order".



  (4) Schedule 2 to this Act shall have effect with respect to the duration

of exclusion orders, the giving of notices, the right to make

representations, powers of removal and detention and other supplementary

matters for this Part of this Act.



  (5) The exercise of the detention powers conferred by that Schedule

shall be subject to supervision in accordance with Schedule 3 to this Act.



  5.-(1) If the Secretary of State is satisfied that any person -



    (a) is or has been concerned in the commission, preparation or

        instigation of acts of terrorism to which this Part of this

        Act applies; or



    (b) is attempting or may attempt to enter Great Britain with a view

        to being concerned in the commission, preparation or

        instigation of such acts of terrorism,



the Secretary of State may make an exclusion order against him.



  (2) An exclusion order under this section is an order prohibiting a

person from being in, or entering, Great Britain.



  (3) In deciding whether to make an exclusion order under this section

against a person who is ordinarily resident in Great Britain, the Secretary

of State shall have regard to the question whether that person's

connection with any country or territory outside Great Britain is such as

to make it appropriate that such an order should be made.



  (4) An exclusion order shall not be made under this section against a

person who is a British citizen and who



    (a) is at the time ordinarily resident in Great Britain and has then

        been ordinarily resident in Great Britain throughout the last

        three years; or



    (b) is at the time subject to an order under section 6 below.



  6.-(1) If the Secretary of State is satisfied that any person -



    (a) is or has been concerned in the commission, preparation or

        instigation of acts of terrorism to which this Part of this Act

        applies; or



    (b) is attempting or may attempt to enter Northern Ireland with a

        view to being concerned in the commission, preparation or

        instigation of such acts of terrorism,



the Secretary of State may make an exclusion order against him.



  (2) An exclusion order under this section is an order prohibiting a

person from being in, or entering, Northern Ireland.



  (3) In deciding whether to make an exclusion order under this section

against a person who is ordinarily resident in Northern Ireland, the

Secretary of State shall have regard to the question whether that person's

connection with any country or territory outside Northern Ireland is such

as to make it appropriate that such an order should be made.



  (4) An exclusion order shall not be made under this section against a

person who is a British citizen and who



    (a) is at the time ordinarily resident in Northern Ireland and has

        then been ordinarily resident in Northern Ireland throughout

        the last three years; or



    (b) is at the time subject to an order under section 5 above.



  7.-(1) If the Secretary of State is satisfied that any person -



    (a) is or has been concerned in the commission, preparation or

        instigation of acts of terrorism to which this Part of this Act

        applies; or



    (b) is attempting or may attempt to enter Great Britain or Northern

        Ireland with a view to being concerned in the commission,

        preparation or instigation of such acts of terrorism,



the Secretary of State may make an exclusion order against him.



  (2) An exclusion order under this section is an order prohibiting a

person from being in, or entering, the United Kingdom.



  (3) In deciding whether to make an exclusion order under this section

against a person who is ordinarily resident in the United Kingdom, the

Secretary of State shall have regard to the question whether that person's

connection with any country or territory outside the United Kingdom is

such as to make it appropriate that such an order should be made.



  (4) An exclusion order shall not be made under this section against a

person who is a British citizen.



  8.-(1) A person who is subject to an exclusion order is guilty of an

offence if he fails to comply with the order at a time after he has been, or

has become liable to be, removed under Schedule 2 to this Act.



  (2) A person is guilty of an offence -



     (a) if he is knowingly concerned in arrangements for securing or

         facilitating the entry into Great Britain, Northern Ireland or the

         United Kingdom of a person whom he knows, or has

         reasonable grounds for believing, to be an excluded person; or



     (b) if he knowingly harbours such a person in Great Britain,

         Northern Ireland or the United Kingdom.



  (3) In subsection (2) above "excluded person" means -



    (a) in relation to Great Britain, a person subject to an exclusion

         order made under section 5 above who has been, or has become

         liable to be, removed from Great Britain under Schedule 2 to

         this Act;



    (b) in relation to Northern Ireland, a person subject to an exclusion

         order made under section 6 above who has been, or has become

         liable to be, removed from Northern Ireland under that

         Schedule; and



    (c) in relation to the United Kingdom, a person subject to an

         exclusion order made under section 7 above who has been, or

         has become liable to be, removed from the United Kingdom

         under that Schedule.



  (4) A person guilty of an offence under this section 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.



                                    PART III

                       FINANCIAL ASSISTANCE FOR TERRORISM



  9.-(1) A person is guilty of an offence if he -



    (a) solicits or invites any other person to give, lend or otherwise

        make available, whether for consideration or not, any money or

        other property; or



    (b) receives or accepts from any other person, whether for

        consideration or not, any money or other property,



intending that it shall be applied or used for the commission of, or in

furtherance of or in connection with, acts of terrorism to which this

section applies or having reasonable cause to suspect that it may be so

used or applied.



  (2) A person is guilty of an offence if he -



    (a) gives, lends or otherwise makes available to any other person,

        whether for consideration or not, any money or other property;

        or



    (b) enters into or is otherwise concerned in an arrangement whereby

        money or other property is or is to be made available to another

        person,

knowing or having reasonable cause to suspect that it will or may be

applied or used as mentioned in subsection (1) above.



  (3) The acts of terrorism to which this section applies are -



    (a) acts of terrorism connected with the affairs of Northern Ireland;

        and



    (b) subject to subsection (4) below, acts of terrorism of any other

        description except acts connected solely with the affairs of the

        United Kingdom or any part of the United Kingdom other than

        Northern Ireland.



   (4) Subsection (3)(b) above does not apply to an act done or to be done

outside the United Kingdom unless it constitutes or would constitute an

offence triable in the United Kingdom.



   (5) In proceedings against a person for an offence under this section in

relation to an act within subsection (3)(b) above done or to be done

outside the United Kingdom -



    (a) the prosecution need not prove that that person knew or had

        reasonable cause to suspect that the act constituted or would

        constitute such an offence as is mentioned in subsection (4)

        above; but



    (b) it shall be a defence to prove that he did not know and had no

        reasonable cause to suspect that the facts were such that the act

        constituted or would constitute such an offence.



  1O.-(1) A person is guilty of an offence if he -



    (a) solicits or invites any other person to give, lend or otherwise

        make available, whether for consideration or not, any money or

        other property for the benefit of a proscribed organisation;



    (b) gives, lends or otherwise makes available or receives or accepts,

        whether for consideration or not, any money or other property

        for the benefit of such an organisation; or



    (c) enters into or is otherwise concerned in an arrangement whereby

        money or other property is or is to be made available for the

        benefit of such an organisation.



  (2) In proceedings against a person for an offence under subsection

(1)(b) above it is a defence to prove that he did not know and had no

reasonable cause to suspect that the money or property was for the benefit

of a proscribed organisation; and in proceedings against a person for an

offence under subsection (1)(c) above it is a defence to prove that he did

not know and had no reasonable cause to suspect that the arrangement

related to a proscribed organisation.



  (3) In this section and sections 11 and 13 below "proscribed

organisation" includes a proscribed organisation for the purposes of

section 21 of the Northern Ireland (Emergency Provisions) Act 1978.



  11.-(1) A person is guilty of an offence if he enters into or is otherwise

concerned in an arrangement whereby the retention or control by or on

behalf of another person of terrorist funds is facilitated, whether by

concealment, removal from the jurisdiction, transfer to nominees or

otherwise.



  (2) In proceedings against a person for an offence under this section it

is a defence to prove that he did not know and had no reasonable cause to

suspect that the arrangement related to terrorist funds.



  (3) In this section and section 12 below "terrorist funds" means -



    (a) funds which may be applied or used for the commission of, or in

        furtherance of or in connection with, acts of terrorism to which

        section 9 above applies;



    (b) the proceeds of the commission of such acts of terrorism or of

        activities engaged in in furtherance of or in connection with

        such acts; and



    (c) the resources of a proscribed organisation.



  (4) Paragraph (b) of subsection (3) includes any property which in

whole or in part directly or indirectly represents such proceeds as are

mentioned in that paragraph; and paragraph (c) of that subsection

includes any money or other property which is or is to be applied or made

available for the benefit of a proscribed organisation.



  12.-(1) A person may notwithstanding any restriction on the disclosure

of information imposed by contract disclose to a constable a suspicion or

belief that any money or other property is or is derived from terrorist

funds or any matter on which such a suspicion or belief is based.



  (2) A person who enters into or is otherwise concerned in any such

transaction or arrangement as is mentioned in section 9, 10 or 11 above

does not commit an offence under that section if he is acting with the

express consent of a constable or if -



    (a) he discloses to a constable his suspicion or belief that the money

        or other property concerned is or is derived from terrorist funds

        or any matter on which such a suspicion or belief is based; and



    (b) the disclosure is made after he enters into or otherwise becomes

        concerned in the transaction or arrangement in question but is

        made on his own initiative and as soon as it is reasonable for him

        to make it,



but paragraphs (a) and (b) above do not apply in a case where, having

disclosed any such suspicion, belief or matter to a constable and having

been forbidden by a constable to enter into or otherwise be concerned in

the transaction or arrangement in question, he nevertheless does so.



  (3) In proceedings against a person for an offence under section 9(1)(b)

or (2), 10(1)(b) or (c) or 11 above it is a defence to prove -



    (a) that he intended to disclose to a constable such a suspicion, belief

        or matter as is mentioned in paragraph (a) of subsection (2)

        above; and



    (b) that there is a reasonable excuse for his failure to make the

        disclosure as mentioned in paragraph (b) of that subsection.



  13.-(1) A person guilty of an offence under section 9, 10 or 11 above

is 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) Subject to the provisions of this section, the court by or before

which a person is convicted of an offence under section 9(1) or (2)(a)

above may order the forfeiture of any money or other property -



    (a) which, at the time of the offence, he had in his possession or

        under his control; and



    (b) which, at that time -



         (i) in the case of an offence under subsection (1) of section

             9, he intended should be applied or used, or had reasonable

             cause to suspect might be applied or used, as mentioned in

             that subsection;



        (ii) in the case of an offence under subsection (2)(a) of that

             section, he knew or had reasonable cause to suspect would or

             might be applied or used as mentioned in subsection (1) of

             that section.



  (3) Subject to the provisions of this section, the court by or before

which a person is convicted of an offence under section 9(2)(b), 10(1)(c)

or 11 above may order the forfeiture of the money or other property to

which the arrangement in question related and which, in the case of an

offence under section 9(2)(b), he knew or had reasonable cause to suspect

would or might be applied or used as mentioned in section 9(1) above.



  (4) Subject to the provisions of this section, the court by or before

which a person is convicted of an offence under section 10(1)(a) or (b)

above may order the forfeiture of any money or other property which, at

the time of the offence, he had in his possession or under his control for

the use or benefit of a proscribed organisation.



  (5) The court shall not under this section make an order forfeiting any

money or other property unless the court considers that the money or

property may, unless forfeited, be applied or used as mentioned in section

9(1) above but the court may, in the absence of evidence to the contrary,

assume that any money or property may be applied or used as there

mentioned.



  (6) Where a person other than the convicted person claims to be the

owner of or otherwise interested in anything which can be forfeited by an

order under this section, the court shall, before making such an order in

respect of it, give him an opportunity to be heard.



  (7) A court in Scotland shall not make an order under subsection (2),

(3) or (4) above except on the application of the prosecutor when he

moves for sentence; and for the purposes of any appeal or review an order

under any of those subsections made by a court in Scotland is a sentence.



  (8) Schedule 4 to this Act shall have effect in relation to orders under

this section.



                             PART IV

               ARREST, DETENTION AND CONTROL OF ENTRY



  14.-(1) Subject to subsection (2) below, a constable may arrest

without warrant a person whom he has reasonable grounds for suspecting

to be -



    (a) a person guilty of an offence under section 2,8,9,10 or 11 above;



    (b) a person who is or has been concerned in the commission,

        preparation or instigation of acts of terrorism to which this

        section applies; or



    (c) a person subject to an exclusion order.



  (2) The acts of terrorism to which this section applies are -



    (a) acts of terrorism connected with the affairs of Northern Ireland;

        and



    (b) acts of terrorism of any other description except acts connected

        solely with the affairs of the United Kingdom or any part of the

        United Kingdom other than Northern Ireland.



  (3) The power of arrest conferred by subsection (1)(c) above is

exercisable only -



    (a) in Great Britain if the exclusion order was made under section 5

        above; and



    (b) in Northern Ireland if it was made under section 6 above.



  (4) Subject to subsection (5) below, a person arrested under this section

shall not be detained in right of the arrest for more than forty-eight hours

after his arrest.



  (5) The Secretary of State may, in any particular case, extend the period

of forty-eight hours mentioned in subsection (4) above by a period or periods

specified by him, but any such further period or periods shall not exceed

five days in all and if an application for such an extension is made the

person detained shall as soon as practicable be given written notice of that

fact and of the time when the application was made.



  (6) The exercise of the detention powers conferred by this section shall

be subject to supervision in accordance with Schedule 3 to this Act.



  (7) The provisions of this section are without prejudice to any power

of arrest exercisable apart from this section.



  15.-(1) If a justice of the peace is satisfied that there are reasonable

grounds for suspecting that a person whom a constable believes to be

liable to arrest under section 14(1)(b) above is to be found on any

premises he may grant a search warrant authorising any constable to

enter those premises for the purpose of searching for and arresting that

person.



  (2) In Scotland the power to issue a warrant under subsection (1)

above shall be exercised by a sheriff or a justice of the peace, an

application for such a warrant shall be supported by evidence on oath and

a warrant shall not authorise a constable to enter any premises unless he

is a constable for the police area in which they are situated.



  (3) In any circumstances in which a constable has power under section

14 above to arrest a person, he may also, for the purpose of ascertaining

whether he has in his possession any document or other article which may

constitute evidence that he is a person liable to arrest, stop that person

and search him.



  (4) Where a constable has arrested a person under that section for any

reason other than the commission of a criminal offence, he, or any other

constable, may search him for the purpose of ascertaining whether he has

in his possession any document or other article which may constitute

evidence that he is a person liable to arrest.



  (5) A search of a person under subsection (3) or (4) above may only be

carried out by a person of the same sex.



  (6) A person detained under section 14 above shall be deemed to be in

legal custody at any time when he is so detained and may be detained in

such a place as the Secretary of State may from time to time direct.



  (7) The following provisions (requirement to bring accused person

before the court after his arrest) shall not apply to a person detained in

right of an arrest under section 14 above



    (a) section 321(3) of the Criminal Procedure (Scotland) Act 1975;



    (b) Article 131 of the Magistrates' Courts (Northern Ireland) Order

        1981;



.   (c) section 50(3) of the Children and Young Persons Act (Northern

        Ireland) 1968.



  (8) Section 295(1) of the Criminal Procedure (Scotland) Act 1975

(interim liberation by officer in charge of police station) shall not apply

to a person detained in right of an arrest under section 14 above.



  (9) Where a person is detained under section 14 above, any constable

or prison officer, or any other person authorised by the Secretary of State,

may take all such steps as may be reasonably necessary for

photographing, measuring or otherwise identifying him.



  (10) Section 61(1) to (8) of the Police and Criminal Evidence Act 1984

(fingerprinting) shall apply to the taking of a person's fingerprints by a

constable under subsection (9) above as if for subsection (4) there were

substituted -



    "(4) An officer may only give an authorisation under subsection

  (3)(a) above for the taking of a person's fingerprints if he is satisfied

  that it is necessary to do so in order to assist in determining -



     (a) whether that person is or has been concerned in the

         commission, preparation or instigation of acts of

         terrorism to which section 14 of the Prevention of

         Terrorism (Temporary Provisions) Act 199 applies; or



     (b) whether he is subject to an exclusion order under that Act;



  or if the officer has reasonable grounds for suspecting that person's

  involvement in an offence under any of the provisions mentioned in

  subsection (1)(a) of that section and for believing that his

  fingerprints will tend to confirm or disprove his involvement."



  16.-(1) Schedule 5 to this Act shall have effect for conferring powers

to examine persons arriving in or leaving Great Britain or Northern

Ireland and for connected purposes.



  (2) The exercise of the examination and detention powers conferred by

paragraphs 2 and 6 of that Schedule shall be subject to supervision in

accordance with Schedule 3 to this Act.



  (3) The designated ports for the purposes of paragraph 8 of Schedule

5 to this Act shall be those specified in Schedule 6 to this Act but the

Secretary of State may by order add any port to, or remove any port from,

that Schedule.



  (4) Without prejudice to the provisions of Schedule 5 to this Act with

respect to persons who enter or leave Northern Ireland by land or who

seek to do so, the Secretary of State may by order make such further

provision with respect to those persons as appears to him to be expedient.



  (5) The power to make orders under this section shall be exercisable by

statutory instrument.



  (6) An order under subsection (4) above may contain transitional

provisions and savings and shall be subject to annulment in pursuance of

a resolution of either House of Parliament.



                             PART V

            INFORMATION, PROCEEDINGS AND INTERPRETATION



  17.-(1) Schedule 7 to this Act shall have effect for conferring powers

to obtain information for the purposes of terrorist investigations, that

to say -

    (a) investigations into -



       (i) the commission, preparation or instigation of acts of terrorism

           to which section 14 above applies; or



      (ii) any other act which appears to have been done in furtherance of

           or in connection with such acts of terrorism, including any act

           which appears to constitute an offence under section 2, 9, 10 or

           11 above or section 21 of the Northern Ireland (Emergency

           Provisions) Act 1978; or



     (iii) without prejudice to sub-paragraph (ii) above, the resources of

           a proscribed organisation within the meaning of this Act or a

           proscribed organisation for the purposes of section 21 of the

           said Act of 1978; and



    (b) investigations into whether there are grounds justifying the

        making of an order under section 1(2)(a) above or section 21(4)

        of that Act.



  (2) Where in relation to a terrorist investigation a warrant or order

under Schedule 7 to this Act has been issued or made or has been applied

for and not refused, a person is guilty of an offence if, knowing or having

reasonable cause to suspect that the investigation is taking place, he -



    (a) makes any disclosure which is likely to prejudice the

        investigation; or



    (b) falsifies, conceals or destroys or otherwise disposes of, or causes

        or permits the falsification, concealment, destruction or

        disposal of, material which is or is likely to be relevant to the

        investigation.



  (3) In proceedings against a person for an offence under subsection

(2)(a) above it is a defence to prove -



    (a) that he did not know and had no reasonable cause to suspect that

        the disclosure was likely to prejudice the investigation; or



    (b) that he had lawful authority or reasonable excuse for making the

        disclosure.



  (4) In proceedings against a person for an offence under subsection

(2)(b) above it is a defence to prove that he had no intention of concealing

any information contained in the material in question from the persons

carrying out the investigation.



  (5) A person guilty of an offence under subsection (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.



  18.-(1) A person is guilty of an offence if he has information which he

knows or believes might be of material assistance -



    (a) in preventing the commission by any other person of an act of

        terrorism connected with the affairs of Northern Ireland; or



    (b) in securing the apprehension, prosecution or conviction of any

        other person for an offence involving the commission,

        preparation or instigation of such an act,



and fails without reasonable excuse to disclose that information as soon

as reasonably practicable -



          (i) in England and Wales, to a constable;



         (ii) in Scotland, to a constable or the procurator fiscal; or



        (iii) in Northern Ireland, to a constable or a member of

              Her Majesty's Forces.



  (2) A person guilty of an offence under this section 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.



  (3) Proceedings for an offence under this section may be taken, and the

offence may for the purposes of those proceedings be treated as having

been committed, in any place where the person to be charged is or has at

any time been since he first knew or believed that the information might

be of material assistance as mentioned in subsection (1) above.



  19.(1) Proceedings shall not be instituted-



    (a) in England and Wales for an offence under section 2,3,8,9,10,

        11, 17or 18 above or Schedule 7 to this Act except by or with the

        consent of the Attorney General; or

    (b) in Northern Ireland for an offence under section 8,9,10,11,17

        or 18 above or Schedule 7 to this Act except by or with the

        consent of the Attorney General for Northern Ireland.



  (2) Any document purporting to be an order, notice or direction made

or given by the Secretary of State for the purposes of any provision of this

Act and to be signed by him or on his behalf shall be received in evidence,

and shall, until the contrary is proved, be deemed to be made or given by

him.



  (3) A document bearing a certificate purporting to be signed by or on

behalf of the Secretary of State and stating that the document is a true

copy of such an order, notice or direction shall, in any legal proceedings,

be evidence, and in Scotland sufficient evidence, of the order, notice or

direction.



  2O.-(1) In this Act -



    "aircraft" includes hovercraft;



    "captain" means master of a ship or commander of an aircraft;



     "examining officer" has the meaning given in paragraph 1 of

        Schedule 5 to this Act;



     "exclusion order" has the meaning given by section 4(3) above but

        subject to section 25(3) below;



     "the Islands" means the Channel Islands or the Isle of Man;



     "port" includes airport and hoverport;



     "premises" includes any place and in particular includes -



        (a) any vehicle, vessel or aircraft;



        (b) any offshore installation as defined in section 1 of the

            Mineral Workings (Offshore Installations) Act 1971; and



        (c) any tent or movable structure;



    "property" includes property wherever situated and whether real or

       personal, heritable or movable and things in action and other

       intangible or incorporeal property;



    "ship" includes every description of vessel used in navigation;



    "terrorism" means the use of violence for political ends, and includes

       any use of violence for the purpose of putting the public or any

       section of the public in fear;



    "vehicle" includes a train and carriages forming part of a train.



  (2) A constable or examining officer may, if necessary, use reasonable

force for the purpose of exercising any powers conferred on him under or

by virtue of any provision of this Act other than paragraph 2 of Schedule

5; but this subsection is without prejudice to any provision of this Act,

or of any instrument made under it, which implies that a person may use

reasonable force in connection with that provision.



  (3) The powers conferred by Part II and section 16 of, and Schedules 2

and 5 to, this Act shall be exercisable notwithstanding the rights

conferred by section 1 of the Immigration Act 1971 (general principles

regulating entry into and stay in the United Kingdom).



  (4) Any reference in a provision of this Act to a person having been

concerned in the commission, preparation or instigation of acts of

terrorism shall be taken to be a reference to his having been so concerned

at any time, whether before or after the passing of this Act.



                                PART VI

                FURTHER PROVISIONS FOR NORTHERN IRELAND



  21.-(1) The powers conferred by this section shall be exercisable by a

person (whether a member of Her Majesty's forces or a constable)

carrying out a search under section 15(1) or (2) of the Northern Ireland

(Emergency Provisions) Act 1978 (search for munitions, radio

transmitters and scanning receivers).



  (2) If the person carrying out the search reasonably believes that it is

necessary to do so for the purpose of effectively carrying out the search or

of preventing the frustration of its object he may -



    (a) require any person who when the search begins is on, or during

        the search enters, the premises or other place where the search is

        carried out ("the place of search") to remain in, or in a specified

        part of, that place, to refrain from entering a specified part of it

        or to go from one specified part of it to another specified part;



    (b) require any person who is not resident in the place of search to

        refrain from entering it; and



    (c) use reasonable force to secure compliance with any such

        requirement.



  (3) Where by virtue of section 20 of the said Act of 1978a search under

section 15(1) or (2) of that Act is carried out in relation to a vessel,

aircraft or vehicle, the person carrying out the search may, if he reasonably

believes that it is necessary to do so for the purpose mentioned in

subsection (2) above -



    (a) require any person in or on the vessel, aircraft or vehicle to

        remain with it or, in the case of a vessel or vehicle which by

        virtue of section 20(4) of that Act is removed for the purpose of

        the search, to go to and remain at the place to which it is

        removed; and



    (b) use reasonable force to secure compliance with any such

        requirement.



  (4) No requirement imposed under this section shall have effect after

the conclusion of the search in relation to which it was imposed; and no

such requirement shall be imposed or have effect after the end of the

period of four hours beginning with the time when that or any other

requirement was first imposed under this section in relation to the search

in question but a police officer of at least the rank of superintendent may

extend that period by a further period of four hours if he reasonably

believes that it is necessary to do so for the purpose mentioned in

subsection (2) above.



  (5) A person who wilfully fails to comply with a requirement imposed

under this section or wilfully obstructs, or seeks to frustrate the object

of, a search in relation to which such a requirement has been or could be

imposed is guilty of an offence and liable -



    (a) on conviction on indictment, to imprisonment for a term not

        exceeding two 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.



  (6) Sections 13 and 14 of the said Act of 1978 (powers of arrest) and

section 29 of that Act (restriction of prosecutions) shall apply to an

offence under subsection (5) above.



  (7) At the end of section 1 5(3)(b) of the said Act of 1978 (power to

search persons) there shall be inserted the words "and search any person

entering or found in a dwelling-house entered under subsection (2)

above".



  (8) The powers conferred by this section are without prejudice to any

powers exercisable apart from this section where a member of Her

Majesty's forces or a constable is exercising a power of search.



  22.-(1) The remission granted under prison rules in respect of a

sentence of imprisonment passed in Northern Ireland for a scheduled

offence within the meaning of the Northern Ireland (Emergency

Provisions) Act 1978 shall not, where it is for a term of five years or more,

exceed one-third of that term.



  (2) Where a person is sentenced on the same occasion for two or more

such offences to terms which are consecutive subsection (1) above shall

apply as if those terms were a single term.



  (3) Where a person is serving two or more terms which are consecutive

but not all subject to subsection (1) above, the maximum remission

granted under prison rules in respect of those terms taken together shall

be arrived at by calculating the maximum remission for each term separately

and aggregating the result.



  (4) In this section "prison rules" means rules made under section 13 of

the Prison Act (Northern Ireland) 1953.



  (5) The Secretary of State may by order made by statutory instrument

substitute a different length of sentence and a different maximum period of

remission for those mentioned in subsection (1) above; and any such order

shall be subject to annulment in pursuance of a resolution of either House

of Parliament.



  (6) This section applies where the scheduled offence is committed while

this section is in force.



  23.-(1) This section applies where a person who has been sentenced to

imprisonment or a term of detention in a young offenders centre for a

period exceeding one year -



    (a) is discharged from prison or the centre in pursuance of prison

        rules; and



    (b) before that sentence or term of detention would (but for that

        discharge) have expired he commits, and is convicted on

        indictment of, a scheduled offence within the meaning of the

        Northern Ireland (Emergency Provisions) Act 1978.



  (2) If the court before which he is convicted of the scheduled offence

sentences him to imprisonment or a term of detention it shall in addition

order him to be returned to prison or, where appropriate, to a young

offenders centre for the period between the date of the order and the date

on which the sentence of imprisonment or term of detention mentioned in

subsection (1) above would have expired but for his discharge.



  (3) No order shall be made under subsection (2) above if the sentence

imposed by the court is a suspended sentence or a sentence of life

imprisonment or of detention during the Secretary of State's pleasure

under section 73(l) of the Children and Young Persons Act (Northern

Ireland) 1968; and any order made by a court under that subsection shall

cease to have effect if an appeal results in the acquittal of the person

concerned or in the substitution of a sentence other than one in respect of

which the duty imposed by that subsection applies.



  (4) The period for which a person is ordered under this section to be

returned to prison or a young offenders centre -



    (a) shall be taken to be a sentence of imprisonment or term of

        detention for the purposes of the Prison Act (Northern Ireland)

        1953 and for the purposes of the Treatment of Offenders Act

        (Northern Ireland) 1968 other than section 26(2) (reduction for

        time spent in custody);



    (b) shall not be subject to any provision of prison rules for discharge

        before expiry; and



    (c) shall be served before, and be followed by, the sentence or term

        imposed for the scheduled offence and be disregarded in

        determining the appropriate length of that sentence or term.



  (5) For the purposes of this section a certificate purporting to be signed

by the governor or deputy governor of a prison or young offenders centre

which specifies -



    (a) the date on which a person was discharged from prison or a

        young offenders centre;



    (b) the sentence or term which the person was serving at the time of

        his discharge, the offence in respect of which the sentence or

        term was imposed and the date on which he was convicted of

        that offence;



    (c) the date on which the person would, but for his discharge in

        pursuance of prison rules, have been discharged from prison or

        a young offenders centre,



shall be evidence of the matters so specified.



  (6) In this section -



     "prison rules" means rules made under section 13 of the Prison Act

        (Northern Ireland) 1953;



     "sentence of imprisonment" does not include a committal in default

        of payment of any sum of money or for want of sufficient

        distress to satisfy any sum of money or for failure to do or

        abstain from doing anything required to be done or left undone;



     "young offenders centre" has the meaning assigned to it by section

        2(a) of the Treatment of Offenders Act (Northern Ireland) 1968.



  (7) For the purposes of subsection (1) above consecutive terms of

imprisonment or of detention in a young offenders centre shall be treated

as a single term and a sentence of imprisonment or detention in a young

offenders centre includes -



    (a) a sentence or term passed by a court in the United Kingdom, the

        Channel Islands or the Isle of Man;



    (b) in the case of imprisonment, a sentence passed by a court-martial

        on a person found guilty of a civil offence within the meaning

         of the Army Act 1955, the Air Force Act 1955 and the Naval

         Discipline Act 1957.



  (8) The Secretary of State may by order made by statutory instrument

substitute a different period for the period of one year mentioned in

subsection (1) above; and any such order shall be subject to annulment in

pursuance of a resolution of either House of Parliament.



  (9) This section applies where the scheduled offence is committed while

this section is in force but irrespective of when the discharge from prison

or a young offenders centre took place.



  24.-(1) The grounds on which the Secretary of State may reject an

application for a licence under section 6 of the Explosives Act 1875 (new

explosives factories and magazines) shall include the ground that the

establishment of the factory or magazine in question is undesirable in the

interests of safeguarding national security or protecting public safety; and

a licence granted under that section may be withdrawn by him on that

ground at any time before it comes into force.



  (2) The Secretary of State may also refuse a licence under section 15 or

registration under section 21 of that Act (explosives stores and other

premises for keeping explosives) on the ground that the establishment of

the store or, as the case may be, the keeping of explosives on the premises

in question is undesirable in the interests of safeguarding national security

or protecting public safety.



                                 PART VII

                               SUPPLEMENTARY



  25.-(1) The enactments mentioned in Schedule 8 to this Act shall have effect

with the amendments there specified, being amendments consequential on the

provisions of this Act.



  (2) The enactments mentioned in Part I of Schedule 9 to this Act are hereby

repealed to the extent specified in the third column of that Schedule; and the

Orders mentioned in Part II of that Schedule are hereby revoked.



  (3) Any exclusion order in force under any provision of Part II of the

Prevention of Terrorism (Temporary Provisions) Act 1984 ("the former

Act") shall have effect as if made under the corresponding provision of

Part II of this Act and references in this Act to an exclusion order shall be

construed accordingly.



  (4) Any person who immediately before 22nd March 1989 is being

detained under any provision of the former Act or of an order made under

section 13 of that Act shall be treated as lawfully detained under the

corresponding provision of this Act.



  (5) Paragraph 2 of Schedule 5 to this Act shall not apply in relation to

a person whose examination under any corresponding provision of an

order made under section 13 of the former Act has begun but has not been

concluded before the coming into force of that paragraph, and that

provision shall continue to apply to him but any reference in this Act to

examination under that paragraph shall include a reference to

examination under that corresponding provision.



  (6) The expiry of the former Act and its repeal by this Act shall not

affect the operation of any Order in Council extending it to any of the

Channel Islands or the Isle of Man; but any such Order may be revoked

as if made under section 28(3) below and, notwithstanding anything

contained in any such Order, shall continue in operation until revoked.



  26. There shall be paid out of money provided by Parliament -



    (a) any expenses incurred under this Act by the Secretary of State or

        the Lord Advocate; and



    (b) any increase attributable to this Act in the sums payable out of

        such money under any other Act;



and any sums received by the Secretary of State under this Act shall be

paid into the Consolidated Fund.



  27.-(1) Subject to subsections (2), (3) and (4) below, this Act shall

come into force on 22nd March 1989.



  (2) Sections 22 to 24 shall come into force on the day after that on

which this Act is passed.



  (3) Schedule 3 and paragraphs 8 to 10, 18 to 20,28 to 30 and 34 of

Schedule 4shall come into force on such day as the Secretary of State may

appoint by an order made by statutory instrument; and different days

may be appointed for different provisions or different purposes and for

England and Wales, for Scotland and for Northern Ireland.



  (4) The repeal by Schedule 9 of paragraph 9 of Schedule 7 shall come

into force on the coming into force of the Land Registration Act 1988.



  (5) The provisions of Parts I to V of this Act and of subsection (6)(c)

below shall remain in force until 22nd March 1990 and shall then expire

unless continued in force by an order under subsection (6) below.



  (6) The Secretary of State may by order made by statutory instrument

provide -



    (a) that all or any of those provisions which are for the time being

        in force (including any in force by virtue of an order under this

        paragraph or paragraph (c) below) 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 those provisions which are for the time being in

        force shall cease to be in force; or



    (c) that all or any of those 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.



  (7) No order shall be made under subsection (6) above unless -



    (a) a draft of the order has been laid before and approved by a

        resolution of each House of Parliament; or



    (b) it is declared in the order that it appears to the Secretary of State

        that by reason of urgency it is necessary to make the order

        without a draft having been so approved.



  (8) An order under that subsection of which a draft has not been

approved under section (7) above -



    (a) shall be laid before Parliament; and



    (b) shall cease to have effect at the end of the period of forty days

        beginning with the day on which it was made unless, before the

        end of that period, the order has been approved by a resolution

        of each House of Parliament, but without prejudice to anything

        previously done or to the making of a new order.



  (9) In reckoning for the purposes of subsection (8) above the period of

forty days no account shall be taken of any period during which

Parliament is dissolved or prorogued or during which both Houses are

adjourned for more than four days.



  (10) In subsection (5) above the reference to Parts I to V of this Act

does not include a reference to the provisions of Parts III and V so far as

they have effect in Northern Ireland and relate to proscribed

organisations for the purposes of section 21 of the Northern Ireland 1978

(Emergency Provisions) Act 1978 or offences or orders under that section.



  (11) The provisions excluded by subsection (10) above from subsection

(5) and the provisions of sections 21 to 24 above shall remain in force until

22nd March 1990 and then expire but shall be -



    (a) included in the provisions to which subsection (3) of section 33 of

        the said Act of 1978 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 Act (repeal on 14th May 1992).



  (12) The expiry or cesser of sections 22 and 23 above shall not affect the

operation of those sections in relation to an offence committed while they

were in force.



  28.-(1) This Act may be cited as the Prevention of Terrorism (Temporary

Provisions) Act 1989.



  (2) This Act extends to the whole of the United Kingdom except that -



    (a) Part I and section 15(1) do not extend to Northern Ireland and

        sections 21 to 24, Part III of Schedule 4 and the repeal in

        Schedule 9 relating to the Explosives Act 1875 extend only to

        Northern Ireland;



    (b) section 15(10), Part I of Schedule 4 and paragraph 7(6) of

        Schedule 5 extend only to England and Wales;



    (c) Part II of Schedule 4 and Part II of Schedule 7 extend only to

        Scotland;



    (d) Part I of Schedule 7 extends only to England, Wales and

        Northern Ireland; and



    (e) subject to paragraph (a) above, the amendments and repeals in

        Schedules 8 and 9 have the same extent as the enactments to

        which they refer.



  (3) Her Majesty may by Order in Council direct that any of the

provisions of this Act shall extend, with such exceptions, adaptations and

modifications, if any, as may be specified in the Order, to any of the

Channel Islands and the Isle of Man. -





                            SCHEDULES



                            SCHEDULE 1

                     PROSCRIBED ORGANISATIONS



    Irish Republican Army



    Irish National Liberation Army



                            SCHEDULE 2

                         EXCLUSION ORDERS



                            Duration

  1.-(1) An exclusion order may he revoked at any time by a further order

made by the Secretary of State.



  (2) An exclusion order shall, unless revoked earlier, expire at the end of

the period of three years beginning with the day on which it is made.



  (3) The fact that an exclusion order against a person has been revoked or

has expired shall not prevent the making of a further exclusion order against

him.



                     Notice of making of order



  2.-(1) As soon as may he after the making of an exclusion order, notice of

the making of the order shall be served on the person against whom it has

been made; and the notice shall -



    (a) set out the rights afforded to him by paragraph 3 below; and



    (b) specify the manner in which those rights are to he exercised.



  (2) Sub-paragraph (1) above shall not impose an obligation to take any

steps to serve a notice on a person at a time when he is outside the United

Kingdom.



  (3) Where the person against whom an exclusion order is made is not for the

time being detained by virtue of this Act, the notice of the making of the

order may he served on him by posting it to him at his last known address.



                     Right to make representations



  3.-(1) If after being served with notice of the making of an exclusion

order the person against whom it is made objects to the order he may -



    (a) make representations in writing to the Secretary of State setting out

        the grounds of his objections; and



    (b) include in those representations a request for a personal interview

        with the person or persons nominated by the Secretary of State under

        sub-paragraph (5) below.



  (2) Subject to sub-paragraphs (3) and (4) below, a person against whom an

exclusion order has been made must exercise his rights conferred by sub-

paragraph (1) above within seven days of the service of the notice.



  (3) Where before the end of that period -



    (a) he has consented to his removal under paragraph 5 below from Great

        Britain, Northern Ireland or the United Kingdom, as the case may be;

        and



    (b) he has been removed accordingly,



he may exercise the rights conferred by sub-paragraph (1) above within

fourteen days of his removal.



  (4) Where at the time when the notice of an exclusion order is served on a

person he is in a part of the United Kingdom other than that from which the

order excludes him he may exercise the rights conferred by sub-paragraph (1)

above within fourteen days of the service of the notice.



  (5) If a person exercises those rights within the period within which they

are required to be exercised by him, the matter shall be referred for the

advice of one or more persons nominated by the Secretary of State.



  (6) Where sub-paragraph (2) above applies, the person against whom the

exclusion order has been made shall be granted a personal interview with the

person or persons so nominated.



  (7) Where sub-paragraph (3) or (4) above applies, the person against whom

the exclusion order has been made shall be granted a personal interview with

the person or persons so nominated if it appears to the Secretary of State

that it is reasonably practicable to grant him such an interview in an

appropriate country or territory within a reasonable period from the date on

which he made his representations.



  (8) In sub-paragraph (7) above "an appropriate country or territory"

means-



    (a) Northern Ireland or the Republic of Ireland if the exclusion order

        was made under section 5 of this Act;



    (b) Great Britain or the Republic of Ireland if it was made under section

        6 of this Act;



    (c) the Republic of Ireland if it was made under section 7 of this Act.



  (9) Where it appears to the Secretary of State that it is reasonably

practicable to grant a personal interview in more than one appropriate

country or territory he may grant the interview in whichever of them he

thinks fit.



  (10) It shall be for the Secretary of State to determine the place in any

country or territory at which an interview under this paragraph is to be

granted.



      Reconsideration of exclusion order following representations



  4.-(1) Where the Secretary of State receives representations in respect of

an exclusion order under paragraph 3 above he shall reconsider the matter as

soon as reasonably practicable after receiving the representations and any

report of an interview relating to the matter which has been granted under

that paragraph.



  (2) In reconsidering a matter under this paragraph the Secretary of State

shall take into account everything which appears to him to be relevant and in

particular -



    (a) the representations relating to the matter made to him under

        paragraph 3 above;



    (b) the advice of the person or persons to whom the matter was referred

        by him under that paragraph; and



    (c) the report of any interview relating to the matter granted under that

        paragraph.



  (3) The Secretary of State shall thereafter, if it is reasonably

practicable to do so, give notice in writing to the person against whom the

exclusion order has been made of any decision he takes as to whether or not

to revoke the order.



                           Powers of removal



  5. Where an exclusion order has been made against a person and notice of

the making of the order has been served on him, the Secretary of State may

have him removed from the relevant territory -



    (a) if he consents;



    (b) if the period mentioned in paragraph 3(2) above has expired and he

        has not made representations relating to the matter in accordance

        with that paragraph; or



    (c) if he has made such representations but the Secretary of State has

        notified him that he has decided not to revoke the order.



                           Removal directions

  6.-(1) The Secretary of State may in accordance with the following

provisions of this paragraph give directions for the removal from the

relevant territory of any person subject to an exclusion order; but a person

shall not be removed in pursuance of the directions until notice of the

making of the order has been served on him and one of the conditions in

paragraph 5(a), (b) and (c) above is fulfilled.



  (2) Directions under this paragraph above may



    (a) directions given to the captain of a ship or aircraft about to leave

        the relevant territory requiring him to remove the person in question

        from that territory in that ship or aircraft; or



    (b) directions given to the owners or agents of any ship or aircraft

        requiring them to make arrangements for the removal from the relevant

        territory of the person in question in a ship or aircraft specified

        or indicated in the directions; or



    (c) directions for the removal from the relevant territory of the person

        in question in accordance with arrangements to be made by the

        Secretary of State;



and any such directions shall specify the country or territory to which the

person in question is to be removed.



  (3) Directions under this paragraph may also be given for the removal of a

person by land to the Republic of Ireland; and those directions may be -



    (a) directions given to the driver or owner of any vehicle (being, in the

        case of a private vehicle, one in which that person arrived in

        Northern Ireland) requiring him to remove the person in question to

        the Republic of Ireland in a vehicle specified in the directions; or



    (b) directions for the removal of the person in question in accordance

        with arrangements to be made by the Secretary of State.



  (4) No directions under this paragraph shall be for the removal of a person

to any country or territory other than one -



    (a) of which the person in question is a national or citizen;



    (b) in which he obtained a passport or other document of identity; or



    (c) to which there is reason to believe that he will be admitted;



and no such directions shall be given for the removal of a British citizen,

a British Dependent Territories citizen, a British Overseas citizen or a

British National (Overseas) to a country or territory outside the United

Kingdom unless he is also a national or citizen of, or has indicated that

he is willing to be removed to, that country or territory.



  (5) Where -



    (a) a person is found on examination under Schedule 5 to this Act to be

        subject to an exclusion order; or



    (b) an exclusion order is made against a person following such an

        examination,



the power to give directions for his removal under any provision of this

paragraph except sub-paragraphs (2)(c) and (3)(b) shall be exercisable by an

examining officer as well as by the Secretary of State; and where any such

person has arrived in a ship or aircraft (including arrival as a transit

passenger, member of the crew or other person not seeking to enter Great

Britain or Northern Ireland) the countries or territories to which he may be

directed to be removed under sub-paragraph (2) above include the country or

territory in which he embarked on that ship or aircraft.



  (6) A person in respect of whom directions are given under this paragraph

may be placed under the authority of the Secretary of State or an examining

officer on board any ship or aircraft or, as the case may be, in or on any

vehicle in which he is to be removed in accordance with the directions.



  (7) The costs of complying with any directions under this paragraph shall

be defrayed by the Secretary of State.



  (8) Any person who without reasonable excuse fails to comply with

directions given to him under this paragraph is guilty of an offence and

liable on summary conviction to imprisonment for a term not exceeding three

months or a fine not exceeding level 4 on the standard scale or both.



  (9) In this paragraph "the relevant territory" means -



    (a) in relation to a person subject to an exclusion order made under

        section 5 of this Act, Great Britain;



    (b) in relation to a person subject to an exclusion order made under

        section 6 of this Act, Northern Ireland; and



    (c) in relation to a person subject to an exclusion order made under

        section 7 of this Act, the United Kingdom.



                            Detention pending removal



  7.-(1) A person in respect of whom directions for removal may be given

under paragraph 6 above may be detained pending the giving of such directions

and pending removal in pursuance of the directions under the authority of the

Secretary of State or, if the directions are to be or have been given by an

examining officer, of such an officer.



  (2) A person liable to be detained under this paragraph may be arrested

without warrant by an examining officer.



  (3) The captain of a ship or aircraft, if so required by an examining

officer, shall prevent any person placed on board the ship or aircraft under

paragraph 6 above from disembarking in the relevant territory or, before the

directions for his removal have been fulfilled, elsewhere.



  (4) Where under sub-paragraph (3) above the captain of a ship or aircraft

is required to prevent a person from disembarking he may for that purpose

detain him in custody on board the ship or aircraft.



  (5) The captain of a ship or aircraft who fails to take reasonable steps to

comply with a requirement imposed under sub-paragraph (3) above 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 4 on the standard scale or

both.



  (6) A person may be removed from a vehicle for detention under this

paragraph.



  (7) In this paragraph "relevant territory" has the same. meaning as in

paragraph 6 above.



                   Detention: supplementary provisions



  8.-(1) If a justice of the peace is satisfied that there are reasonable

grounds for suspecting that a person liable to be arrested under paragraph

7(2) above is to be found on any premises he may grant a search warrant

authorising any constable to enter those premises for the purpose of

searching for and arresting that person.



  (2) In Scotland the power to issue a warrant under sub-paragraph (1) above

shall be exercised by a sheriff or a justice of the peace, an application for

such a warrant shall be supported by evidence on oath and a warrant shall not

authorise a constable to enter any premises unless he is a constable for the

police area in which they are situated.



  (3) In Northern Ireland an application for a warrant under sub-paragraph

(1) above shall be made by a complaint on oath.



  (4) A person detained under this Schedule shall be deemed to be in legal

custody at any time when he is so detained and, if detained otherwise than on

board a ship or aircraft, may be detained in such a place as the Secretary of

State may from time to time direct.



  (5) Where a person is detained under this Schedule, any examining officer,

constable or prison officer, or any other person authorised by the Secretary

of State, may take all such steps as may be reasonably necessary for

photographing, measuring or otherwise identifying him.



  (6) Any person detained under this Schedule may be taken in the custody of

a constable or an examining officer, or of any person acting under the

authority of an examining officer, to and from any place where his attendance

is required for the purpose of establishing his nationality or citizenship or

for making arrangements for his admission to a country or territory outside

the United Kingdom or where he is required to be for any other purpose

connected with the operation of this Act.



                    Exemption from exclusion orders



  9.-(1) When any question arises under this Act whether a person is exempted

from the provisions of section 5,6 or 7 of this Act it shall be for the

person asserting that he is exempt to prove it.



  (2) A person is not to be treated as ordinarily resident in Great Britain

for the purposes of the exemption in section 5(4)(a) of this Act or in

Northern Ireland for the purpose of the exemption in section 6(4)(a) of this

Act at a time when he is there in breach of -



    (a) an exclusion order; or



    (b) the Immigration Act 1971 or any law for purposes similar to that Act

        in force in the United Kingdom after the passing of this Act.



  (3)  In each of those exemptions "the last three years" is to be taken as a

period amounting in total to three years exclusive of any time during

which he person claiming exemption was undergoing imprisonment or

detention for a period of six months or more by virtue of a sentence passed

for an offence on a conviction in the United Kingdom or in any of the

Islands.



  (4) In sub-paragraph (3) above -



    (a) "sentence" includes any order made on conviction of an offence;



    (b) two or more sentences for consecutive (or partly consecutive) terms

        shall be treated as a single sentence;



    (c) a person shall be deemed to be detained by virtue of a sentence -



         (i) at any time when he is liable to imprisonment or detention by

             virtue of the sentence but is unlawfully at large; and



        (ii) during any period of custody by which under any relevant

             enactment the term to be served under the sentence is reduced.



  (5) In sub-paragraph (4)(c)(ii) above "relevant enactment" means section 67

of the Criminal Justice Act 1967 and any similar enactment which is for the

time being or has (before or after the passing of this Act) been in force in

any part of the United Kingdom or in any of the Islands.



                               SCHEDULE 3

             SUPERVISION OF DETENTION AND EXAMINATION POWERS



                         Detention pending removal



  1.-(1) Where a person is detained under paragraph 7 of Schedule 2 to this

Act under the authority of an examining officer his detention shall be

periodically reviewed in accordance with this paragraph by a review officer

and shall not continue unless that officer has authorised it to continue.



  (2) The reviews shall be carried out as follows -



    (a) the first review shall be as soon as practicable after the beginning

        of the detention; and



    (b) the subsequent reviews shall be at intervals of not more than twelve

        hours.



  (3) On any such review the review officer shall authorise the continued

detention of the person in question if, and only if, he is satisfied that

steps for giving directions for his removal or for removing him in pursuance

of the directions are being taken diligently and expeditiously.



                      Examination without detention



  2.-(1) Where a person has been required by a notice under paragraph 2(4) of

Schedule 5 to this Act to submit to further examination but is not detained

under paragraph 6 of that Schedule his further examination shall be reviewed

by a review officer not later than twelve hours after the beginning of the

examination and shall not continue unless that officer has authorised it to

continue.



  (2) The review officer shall authorise the examination to continue if, and

only if, he is satisfied that the enquiries necessary to complete the

examination are being carried out diligently and expeditiously.



          Detention for examination or as suspected person



  3.-(1) Where a person is detained under section 14 of this Act or under

paragraph 6 of Schedule 5 to this Act his detention shall be periodically

reviewed in accordance with this paragraph by a review officer and shall not

continue unless -



    (a) that officer has authorised it to continue; or



    (b) of application has been made to the Secretary of State for an

        extension the period of detention under subsection (5) of that

        section or sub-paragraph (3) of that paragraph.



  (2) The reviews shall be carried out as follows -



    (a) the first review shall be as soon as practicable after the beginning

        of the detention; and



    (b) the subsequent reviews shall be at intervals of not more than twelve

        hours;



and no review shall be carried out after such an application as is mentioned

in sub-paragraph (1)(b) above has been made.



  (3) Subject to sub-paragraph (4) below, on any such review the review

officer shall authorise the continued detention of the person in question if,

and only if, he is satisfied -



    (a) that his continued detention is necessary in order to obtain (whether

        by questioning him or otherwise) or to preserve evidence which -



            (i) relates to an offence under section 2,8,9,10 or 11 of this

                Act (in the case of detention under section 14) or under

                section 8 (in the case of detention under paragraph 6 of

                Schedule 5);



           (ii) indicates that he is or has been concerned in the commission,

                preparation or instigation of acts of terrorism to which

                section 14 of this Act applies; or



          (iii) indicates that he is subject to an exclusion order; and



    (b) that the investigation in connection with which that person is

        detained is being conducted diligently and expeditiously.



  (4) The review officer may also authorise the continued detention of the

person in question -



    (a) pending consideration of the question whether he is subject to an

        exclusion order;



    (b) pending consideration by the Secretary of State whether to make an

        exclusion order against him or to serve him with notice of a decision

        to make a deportation order under the Immigration Act 1971;



    (c) pending a decision by the Director of Public Prosecutions or Attorney

        General or, as the case may be, the Lord Advocate or the Director of

        Public Prosecutions or Attorney General for Northern Ireland whether

        proceedings for an offence should be instituted against him; or



    (d) if he is satisfied as to the matters specified in sub-paragraph (5)

        below.



  (5) The matters referred to in sub-paragraph (4)(d) above are -



    (a) that the continued detention of the person in question is necessary-



           (i) pending a decision whether to apply to the Secretary of State

               for an exclusion order to be made in respect of him or for

               notice of a decision to make a deportation order under the

               Immigration Act 1971 to be served on him; or



          (ii) pending the making of such an application; and



    (b) that consideration of that question is being undertaken, or

        preparation of the application is being proceeded with, diligently

        and expeditiously.



                           The review officer



  4. The review officer shall be an officer who has not been directly

involved in the matter in connection with which the person in question is

detained or examined and -



    (a) in the case of a review carried out within twenty-four hours of the

        beginning of that person's detention or in the case of a review under

        paragraph 2 above, shall be an officer of at least the rank of

        inspector;



    (b) in the case of any other review, shall be an officer of at least the

        rank of superintendent.



                         Postponement of reviews



  5.-(1) A review may be postponed -



    (a) if, having regard to all the circumstances prevailing at the latest

        time specified in paragraph 1(2), 2(1) or 3(2) above, it is not

        practicable to carry out the review at that time;



    (b) without prejudice to the generality of paragraph (a) above -



         (i) if at that time the person in detention or being examined is

             being questioned by a police officer or an examining officer and

             the review officer is satisfied that an interruption of the

             questioning for the purpose of carrying out the review would

             prejudice the investigation in connection with which the person

             is being detained or examined; or



        (ii) if at that time no review officer is readily available.



  (2) If a review is postponed under this paragraph it shall be carried out

as soon as practicable after the latest time specified for it under the

relevant provision mentioned in sub-paragraph (1)(a) above.



  (3) If a review is carried out after postponement under this paragraph, the

fact that it was so carried out shall not affect any requirement of this

Schedule as to the time at which any subsequent review is to be carried out.



                       Representations about detention



  6.-(1) Before determining whether to authorise a person's continued

detention the review officer shall give -



    (a) that person (unless he is asleep); or



    (b) any solicitor representing him who is available at the time of the

        review, 

an opportunity to make representations to him about the detention.



  (2) Subject to sub-paragraph (3) below, the person whose detention is under

review or his solicitor may make representations under this paragraph either

orally or in writing.



  (3) The review officer may refuse to hear oral representations from the

person whose detention is under review if he considers that he is unfit to

make such representations by reason of his condition or behaviour.



                        Rights of detained persons



  7.-(1) Where the review officer authorises a person's continued detention

and at that time that person has not yet exercised a right conferred on him

by section 56 or 58 of the Police and Criminal Evidence Act 1984 (right of

arrested person to have someone informed and to have access to legal advice)

the review officer shall inform him of that right and, if its exercise is

being delayed in accordance with the provisions of the section in question,

that it is being so delayed.



  (2) Where a review of a person's detention is carried out under paragraph 1

or 3 above at a time when his exercise of a right conferred by either of

those sections is being delayed -



    (a) the review officer shall consider whether the reason or reasons for

        which the delay was authorised continue to subsist; and



    (b) if he is not himself the officer who authorised the delay and is of

        the opinion that the reason or reasons have ceased to subsist, he

        shall inform that officer of his opinion.



  (3) In the application of this paragraph to Scotland for the references to

sections 56 and 58 of the said Act of 1984 there shall be substituted a

reference to section 3A of the Criminal Justice (Scotland) Act 1980.



  (4) In the application of this paragraph to Northern Ireland for the

references to sections 56 and 58 of the said Act of 1984 there shall be

substituted references to sections 14 and 15 of the Northern Ireland

(Emergency Provisions) Act 1987.



                           Records of review



  8.-(1) The review officer carrying out a review under this Schedule shall

make a written record of the outcome of the review, including, where the

continued detention or examination of the person in question is authorised,

the grounds for authorisation and, where a review is postponed, the reason

for the postponement.



  (2) The record required by this paragraph shall be made in the presence of

the person detained or examined and, where his continued detention or

examination is authorised, he shall at that time be told the grounds for the

authorisation.



  (3) Sub-paragraph (2) above shall not apply where the person detained or

examined is, at the time when the written record is made -



    (a) incapable of understanding what is said to him;



    (b) violent or likely to become violent; or



    (c) in urgent need of medical attention.



  (4) Where the review officer informs a detained person of the matters

mentioned in sub-paragraph (1) of paragraph 7 above he shall make a written

record of the fact that he has done so.



  (5) The review officer shall also make a written record of his conclusion

on the matter which he is required to consider under sub-paragraph (2)(a) of

that paragraph, and, if he has taken action in accordance with sub-paragraph

(2)(b) of that paragraph, of the fact that he has done so.



                     Intervention by superior officer



  9. Where the review officer is of a rank lower than superintendent and -



    (a) an officer of higher rank than the review officer gives directions

        relating to the person detained or examined; and



    (b) the directions are at variance -



         (i) with any decision made or action taken by the review officer in

             the performance of a duty imposed on him by this Schedule; or



        (ii) with any decision or action which would but for the directions.

             have been made or taken by him in the performance of that duty,



the review officer shall refer the matter at once to an officer of the rank

of superintendent or above.





                           SCHEDULE 4

                        FORFEITURE ORDERS



                             PART I

                        ENGLAND AND WALES



                  Implementation of forfeiture orders



  1.-(1) Where a court in England and Wales makes an order under section

13(2), (3) or (4) of this Act (in this Part of this Scheduled referred to

as a "forfeiture order") it may make an order -



    (a) requiring any money or other property to which the forfeiture order

        applies to be paid or handed over to the proper officer or to a

        constable designated for the purpose by the chief officer of police

        of a police force specified in the order;



    (b) directing any such property other than money or land to be sold or

        otherwise disposed of in such manner as the court may direct and the

        proceeds to be paid to the proper officer;



    (c) appointing a receiver to take possession, subject to such conditions

        and exceptions as may be specified by the court, of any such property

        which is land, to realise it in such manner as the court may direct

        and to pay the proceeds to the proper officer;



    (d) directing a specified part of any money, or of the proceeds of the

        sale, disposal or realisation of any property, to which the

        forfeiture order applies to be paid by the proper officer to or for a

        specified person falling within section 13(6) of this Act;



    (e) making such other provision as appears to the court to be necessary

        for giving effect to the forfeiture order or to any order made by

        virtue of paragraph (a), (b), (c) or (d) above.



  (2) A forfeiture order shall not come into force until (disregarding any

power of a court to grant leave to appeal out of time) there is no further

possibility of the order being set aside.



  (3) Any balance in the hands of the proper officer after making any payment

required under sub-paragraph (1)(d) above or paragraph 2 below shall be

treated for the purposes of section 61 of the Justices of the Peace Act 1979

(application of fines etc.) as if it were a fine imposed by a magistrates'

court.



  (4) The proper officer shall, on the application of the prosecutor or

defendant in the proceedings in which a forfeiture order is made, certify in

writing the extent (if any) to which, at the date of the certificate, effect

has been given to the order in respect of the money or other property to

which it applies.



  (5) In this paragraph "the proper officer" means, where the forfeiture

order is made by a magistrates' court, the clerk of that court and, where the

order is made by the Crown Court -



    (a) the clerk of the magistrates' court by which the defendant was

        committed to the Crown Court; or



    (b) if the proceedings were instituted by a bill of indictment preferred

        by virtue of section 2(2)(b) of the Administration of Justice

        (Miscellaneous Provisions) Act 1933, the clerk of the magistrates'

        court for the place where the trial took place;



and in this sub-paragraph references to the clerk of a magistrates' court

shall be construed in accordance with section 141 of the Magistrates' Courts

Act 1980 taking references to that Act as references to this Act.



  (6) In this paragraph references to the proceeds of the sale, disposal or

realisation of property are references to the proceeds after deduction of the

costs of sale, disposal or realisation.



  (7) This paragraph has effect to the exclusion of section 140 of the said

Act of 1980.



  2.-(1) Where a receiver appointed under paragraph 1 above takes any

action-



    (a) in relation to property which is not subject to forfeiture, being

        action which he would be entitled to take if it were such property;



    (b) believing, and having reasonable grounds for believing, that he is

        entitled to take that action in relation to that property,



he shall not be liable to any person in respect of any loss or damage

resulting from his action except in so far as the loss or damage is caused by

his negligence.



  (2) A receiver appointed under paragraph 1 above shall be entitled to be

paid his remuneration and expenses out of the proceeds of the property

realised by him or, if and so far as those proceeds are insufficient, by the

prosecutor.



                            Restraint orders



  3.-(1) The High Court may in accordance with this paragraph by an order

(referred to in this Part of this Schedule as a "restraint order") prohibit

any person, subject to such conditions and exceptions as may be specified in

the order, from dealing with any property liable to forfeiture, that is to

say, any property in respect of which a forfeiture order has been made or in

respect of which such an order could be made in the proceedings referred to

in sub-paragraph (2) or (3) below.



  (2) A restraint order may be made where -



    (a) proceedings have been instituted against a defendant in England or

        Wales for an offence under Part III of this Act;



    (b) the proceedings have not been concluded; and



    (c) either a forfeiture order has been made or it appears to the court

        that there are reasonable grounds for thinking that a forfeiture

        order may be made in those proceedings.



  (3) A restraint order may also be made where -



    (a) the court is satisfied that, whether by the laying of an information

        or otherwise, a person is to be charged in England and Wales with an

        offence under Part III of this Act; and



    (b) it appears to the court that a forfeiture order may be made in

        proceedings for the offence.



  (4) In the application of the provisions of this Part of this Schedule at

a time when a restraint order may be made by virtue of sub-paragraph (3)

above references to the prosecutor shall be construed as references to the

person who the High Court is satisfied is to have the conduct of the

proposed proceedings.



  (5) Where the court has made an order under this paragraph by virtue of

sub-paragraph (3) above the court may discharge the order if proceedings in

respect of the offence are not instituted (whether by the laying of an

information or otherwise) within such time as the court considers

reasonable.



  (6) For the purposes of this paragraph, dealing with property includes,

without prejudice to the generality of that expression-



    (a) where a debt is owed to the person concerned, making a payment to any

        person in reduction of the amount of the debt; and



    (b) removing the property from the jurisdiction of the High Court.



  (7) In exercising the powers conferred by this paragraph the court shall

not take account of any obligations of any person having an interest in the

property subject to the restraint order which might frustrate the making of a

forfeiture order.



  (8) For the purposes of this paragraph proceedings for an offence are

instituted -



    (a) when a justice of the peace issues a summons or warrant under section

        1 of the Magistrates' Courts Act 1980 in respect of that offence;



    (b) when a person is charged with the offence after being taken into

        custody without a warrant;



    (c) when a bill of indictment is preferred by virtue of section 2(2)(b)

        of the Administration of Justice (Miscellaneous Provisions) Act 1933;



and where the application of this sub-paragraph would result in there being

more than one time for the institution of proceedings they shall be taken to

be instituted at the earliest of those times.



  (9) For the purposes of this paragraph and paragraph 4 below proceedings

are concluded-



    (a) when a forfeiture order has been made in those proceedings and effect

        has been given to it in respect of all the money or other property to

        which it applies; or



    (b) when (disregarding any power of a court to grant leave to appeal out

        of time) there is no further possibility of a forfeiture order being

        made in the proceedings.



  4.-(1) A restraint order -



    (a) may be made only on an application by the prosecutor;



    (b) may be made on an ex parte application to a judge in chambers; and



    (c) shall provide for notice to be given to persons affected by the

        order.



  (2) A restraint order -



    (a) may be discharged or varied in relation to any property; and



    (b) shall be discharged when proceedings for the offence are concluded.



  (3) An application for the discharge or variation of a restraint order may

be made by any person affected by it.



  5.-(1) Where the High Court has made a restraint order a constable may for

the purpose of preventing any property subject to the order being removed

from the jurisdiction of the court seize that property.



  (2) Property seized under this paragraph shall be dealt with in accordance

with the court's directions.



  6.-(1) The Land Charges Act 1972 and the Land Registration Act 1925 shall

apply -



    (a) in relation to restraint orders as they apply in relation to orders

        affecting land made by the court for the purpose of enforcing

        judgments or recognizances; and



    (b) in relation to applications for restraint orders as they apply in

        relation to other pending land actions.



  (2) The prosecutor shall be treated for the purposes of section 57 of the

Land Registration Act 1925 (inhibitions) as a person interested in relation

to any registered land to which a restraint order or an application for

such an order relates.





                            Compensation



  7.-(1) If proceedings are instituted against a person for an offence under

Part III of this Act and either -



    (a) The proceedings do not result in his conviction for any such offence;

        or



    (b) where he is convicted of one or more such offences -



         (i) the conviction or convictions concerned are quashed; or



        (ii) he is pardoned by Her Majesty in respect of the conviction or

             convictions concerned,



the High Court may, on an application by a person who had an interest in any

property which was subject to a forfeiture or restraint order made in or in

relation to those proceedings, order compensation to be paid to the applicant

if, having regard to all the circumstances, it considers it appropriate to do

so.



  (2) The High Court shall not order compensation to be paid in any case

unless it is satisfied -



    (a) that there is some serious default on the part of a person concerned

        in the investigation or prosecution of the offence concerned, being a

        person mentioned in sub-paragraph (5) below; and



    (b) that the applicant has suffered loss in consequence of, anything done

        in relation to the property by or in pursuance of an order under this

        Part of this Schedule.



  (3) The court shall not order compensation to be paid in any case where it

appears to it that the proceedings would have been instituted even if the

serious default had not occurred.



  (4) The amount of compensation to be paid under this paragraph shall be

such as the High Court thinks just in all the circumstances of the case.



  (5) Compensation payable under this paragraph shall be paid -



    (a) where the person in default was or was acting as a member of a police

        force, out of the police fund out of which the expenses of that

        police force are met;



    (b) where the person in default was a member of the Crown Prosecution

        Service or acting on behalf of the Service, by the Director of Public

        Prosecutions.



  (6) Sub-paragraph (8) of paragraph 3 above applies for the purposes of this

paragraph as it applies for the purposes of that paragraph.



         Enforcement of orders made elsewhere in the British Islands



  8.-(1) In the following provisions of this Part of this Schedule -



    "a Scottish order" means -



      (a) an order made in Scotland under section I 3(2), (3) or (4) of this

          Act ("a Scottish forfeiture order");



      (b) an order made under paragraph 13 below ("a Scottish restraint

          order"); or



      (c) an order made under any other provision of Part II of this

          Schedule in relation to a Scottish forfeiture or restraint order;



    "a Northern Ireland" order means -



      (a) an order made in Northern Ireland under section 13(2), (3) or

          (4) of this Act ("a Northern Ireland forfeiture order");



      (b) an order made under paragraph 23 below ("a Northern Ireland

          restraint order"); or



      (c) an order made under any other provision of Part III of this

          Schedule in relation to a Northern Ireland forfeiture or

          restraint order;



    "an Islands order" means -



      (a) an order made in any of the Islands under section 13(2), (3) or

          (4) of this Act as extended to that Island under section 28(3) of

          this Act ("an Islands forfeiture order");



      (b) an order under paragraph 3 above as so extended ("an Islands

          restraint order") or



      (c) an order made under any other provision of this Part of this

          Schedule as so extended in relation to an Islands forfeiture

          or restraint order.



  (2) In paragraphs (a), (b) and (c) of the definition of "an Islands order"

the reference to a provision of this Act as extended to an Island under

section 28(3) of this Act includes a reference to any other provision of the

law of that Island for purposes corresponding to that provision.



  9.-(1) A Scottish order, Northern Ireland order or Islands order shall,

subject to the provisions of this paragraph, have effect in the law of

England and Wales but shall be enforced in England and Wales only in

accordance with the provisions of this paragraph and any provision made by

rules of court as to the manner in which and the conditions subject to which

such orders are to be enforced there.



  (2) The High Court shall, on an application made to it in accordance with

rules of court for registration of a Scottish order, Northern Ireland order

or Islands order, direct that the order shall, in accordance with such rules,

be registered in that court.



  (3) Rules of court shall also make provision -



    (a) for cancelling or varying the registration of a Scottish, Northern

        Ireland or Islands forfeiture order when effect has been given to it

        (whether in England and Wales or elsewhere) in respect of all or, as

        the case may be, part of the money or other property to which the

        order applies;



    (b) for cancelling or varying the registration of a Scottish, Northern

        Ireland or Islands restraint order which has been discharged or

        varied by the court by which it was made.



  (4) If a Scottish, Northern Ireland or Islands forfeiture order is

registered under this paragraph the High Court shall have, in relation to

that order, the same powers as a court has under paragraph 1(1) above in

relation to a forfeiture order made by it (and paragraph 2 above applies

accordingly) but any functions of the clerk of a magistrates' court shall

be exercised by the appropriate officer of the High Court.



  (5) After making any payment required by virtue of paragraph 1 (1)(d) or 2

above, the balance of any sums received by the appropriate officer of the

High Court by virtue of an order made under sub-paragraph (4) above shall be

paid by him to the Secretary of State.



  (6) Paragraphs 3(7), 5 and 6 above shall apply to a registered Scottish,

Northern Ireland or Islands restraint order as they apply to a restraint

order and the High Court shall have the like power to make an order under

section 33 of the Supreme Court Act 1981 (extended power to order inspection

of property etc.) in relation to proceedings brought or likely to be brought

for a Scottish, Northern Ireland or Islands restraint order as if those

proceedings had been brought or were likely to be brought in the High Court.



  (7) Without prejudice to the foregoing provisions, if a Scottish order,

Northern Ireland order or Islands order is registered under this paragraph -



    (a) the High Court shall have, in relation to its enforcement, the same

        power;



    (b) proceedings for or with respect to its enforcement may be taken; and



    (c) proceedings for or with respect to any contravention of such an order

        (whether before or after such registration) may be taken,



as if the order had originally been made in the High Court.



  (8) The High Court may, additionally, for the purpose of -



    (a) assisting the achievement in England and Wales of the purposes of a

        Scottish order, Northern Ireland order or Islands order; or



    (b) assisting any receiver or other person directed by any such order to

        sell or otherwise dispose of property,



make such orders or do otherwise as seems to it appropriate.



  (9) A document purporting to be a copy of a Scottish order, Northern

Ireland order or Islands order and to be certified as such by a proper

officer of the court by which it was made or purporting to be a certificate

for purposes corresponding to those of paragraph 1(4) above and to be

certified by a proper officer of the court concerned shall, in England and

Wales, be received in evidence without further proof.



             Enforcement of orders made in designated countries



  10.-(1) Her Majesty may by Order in Council make such provision as appears

to Her Majesty to be appropriate for the purpose of enabling the enforcement

in England and Wales of orders to which this paragraph applies.



  (2) This paragraph applies to any order ("an external order") which is made

in a country or territory designated for the purposes of !his paragraph by

the Order in Council and -



    (a) provides for the forfeiture of terrorist funds within the meaning of

        section 11 (3)(a) or (b) of this Act ("an external forfeiture

        order"); or



    (b) makes provision prohibiting dealing with property which is subject to

        an external forfeiture order or in respect of which such an order

        could be made in proceedings which have been or are to he instituted

        in that country or territory ("an external restraint order").



  (3) Without prejudice to the generality of sub-paragraph (1) above, an

Order in Council under this paragraph may make provision for matters

corresponding to those for which provision is made by, or can be made under,

paragraph 9(1) to (8) above in relation to the orders to which that paragraph

applies and for the proof of any matter relevant for the purposes of anything

falling to be done in pursuance of the Order in Council.



  (4) An Order in Council under this paragraph may also make such provision

as appears to Her Majesty to be appropriate with respect to anything falling

to be done on behalf of the United Kingdom in a designated country or

territory in relation to proceedings in that country or territory for or in

connection with the making of an external order.



  (5) An Order under this paragraph may make different provision for

different cases.



  (6) No Order shall be made under this paragraph unless a draft of it has

been laid before and approved by a resolution of each House of Parliament.