(**) The "Terrorism Act" presented in this issue is part of legislative programme carried out by the British Parliament in order for British domestic law to comply with the Human Right Act 1998. This Act represents a "substantial" ratification by Great Britain of the European Convention for Human Rights of 1950. According to several observers, the introduction of the above mentioned Convention into British law marks a fundamental change in the relationship of Britons to their government and to the judiciary. For the first time Britain has a written "Bill of Rights" similar to the one the United States have had since 1789. Britons have always had what are known as "negative rights", that is, they were allowed to do anything they wanted, unless there was a law specifically forbidding it. As from 1998, when the Human Right Act was issued, "positive rights" such as the right to freedom of expression, the right to a fair trial or the right to privacy are provided for. Written rights are easy to understand, can be taught in schools and enforced in courts.
In the past, Britons who felt that their rights, their human rights, had been violated by the Government or by public authorities had to take their cases to the European Court of Human Rights in Strasbourg.
Over the years, the Strasbourg Court has ruled against Britain in a number of cases, forcing the Government from time to time to rewrite British law, such was the case of the banning of gays from serving in the Armed Forced, or of the prohibition of corporal punishment on children in schools or of the limitations to the use of telephone wiretappings.
When presented in Parliament this "Terrorism Act" caused an intense political debate with a wide participation of the media and of the public opinion. The same had already happened before, when the Regulation of Investigatory Powers (1) (enacted on 10th October 2000) was being discussed. Human Rights Organisations, particularly Amnesty International, protested claiming that the Northern Ireland section contained clear violations of the principles established by the European Convention for Human Rights. During the ensuing parliamentary debate some MPs were concerned for the disruption the new law would cause and also because it would force the Government to surrender part of its powers to the judiciary in a context marked in the past by serious terrorist incidents, and recently by a dramatic attack carried out by Republican extremists against the British Security Service's headquarters.
As far as the provisions included in the "Terrorism Act" are concerned, particular mention deserve the "List of proscribed organisations" and the "definition of terrorism".
Terrorism is defined as "the use or threat, for the purposes of advancing a political, religious or ideological cause, of action which, involves serious violence against any person or property, endangers the life of any person, or creates a serious risk to the health or safety of the public or a section of the public". This represents a different legislative approach from the one adopted in our Country. Our legislation lacks a definition of "terrorism", and the terrorist organisations are not punished on the basis of their inclusion in a list of proscription, but of the commission of crimes with terrorist and subversive aims (see Law Decree of 26th April 1993, n. 122 on "Urgent provisions on racial, ethnic and religious discrimination", turned into law, with amendments, from Law of 25th June 1993, n. 205).
The complete arrangement of clauses is here published, followed by an abstract of Part I with the definition of terrorism, of Part IV on terrorist investigations, of Part V on anti-terrorism powers and of Schedule I on Northern Ireland and proscribed organisations.

ARRANGEMENT OF CLAUSES

Part I

Introductory
1. Terrorism: interpretation.
2. Temporary legislation.

Part II
PROSCRIBED ORGANISATIONS

Procedure
3. Proscription.
4. Deproscription: application.
5. Deproscription: appeal.
6. Further appeal.
7. Appeal: effect on conviction, & c.
8. Section 7: Scotland and Northern Ireland.
9. Human Rights Act 1998.
10. Immunity.

Offences
11. Membership.
12. Support.
13. Uniform.

Part III
TERRORIST PROPERTY

Interpretation
14. Terrorist property.

Offences
15. Fund-raising.
16. Use and possession.
17. Funding arrangements.
18. Money laundering.
19. Disclosure of information: duty.
20. Disclosure of information: permission.
21. Cooperation with police.
22. Penalties.
23. Forfeiture.

Seizure of terrorist cash
24. Interpretation.
25. Seizure and detention.
26. Continued detention.
27. Detained cash.
28. Forfeiture.
29. Forfeiture: appeal.
30. Treatment of forfeited cash.
31. Rules of court.

Part IV
TERRORIST INVESTIGATIONS

Interpretation
32. Terrorist investigation.

Cordons
33. Cordoned areas.
34. Power to designate.
35. Duration.
36. Police powers.

Information and evidence
37. Powers.
38. Financial information.
39. Disclosure of information, & c.
Part V
COUNTER-TERRORIST POWERS

Suspected terrorists
40. Terrorist: interpretation.
41. Arrest without warrant.
42. Search of premises.
43. Search of persons.

Power to stop and search
44. Authorisations.
45. Exercise of power.
46. Duration of authorisation.
47. Offences.

Parking
48. Authorisations.
49. Exercise of power.
50. Duration of authorisation.
51. Offences.
52. Interpretation.

Port and border controls
53. Port and border controls.

Part VI
MISCELLANEOUS

Terrorist offences
54. Weapons training.
55. Weapons training: interpretation.
56. Directing terrorist organisation.
57. Possession for terrorist purposes.
58. Collection of information.

Inciting terrorism overseas
59. England and Wales.
60. Northern Ireland.
61. Scotland.

Terrorist bombing and finance offences
62. Terrorist bombing: jurisdiction.
63. Terrorist finance: jurisdiction.
64. Extradition.

Part VII
NORTHERN IRELAND

Scheduled offences
65. Scheduled offence: interpretation.
66. Preliminary inquiry.
67. Limitation of power to grant bail.
68. Bail: legal aid.
69. Maximum period of remand in custody.
70. Young persons: custody on remand, & c.
71. Directions under section 70.
72. Time limits for preliminary proceedings.
73. Time limits: supplementary.
74. Court for trial.
75. Mode of trial on indictment.
76. Admission in trial on indictment.
77. Possession: onus of proof.
78. Young persons: sentence.
79. Restricted remission.
80. Conviction during remission.

Powers of arrest, search, & c.
81. Arrest of suspected terrorists: power of entry.
82. Arrest and seizure: constables.
83. Arrest and seizure: armed forces.
84. Munitions and transmitters.
85. Explosives inspectors.
86. Unlawfully detained persons.
87. Examination of documents.
88. Examination of documents: procedure.
89. Power to stop and question.
90. Power of entry.
91. Taking possession of land, & c.
92. Road closure: permission.
93. Sections 91 and 92: supplementary.
94. Road closure: direction.
95. Sections 81 to 94: supplementary.

Miscellaneous
96. Preservation of the peace: regulations.
97. Port and border controls.
98. Independent Assessor of Military Complaints Procedures.
99. Police and army powers: code of practice.
100. Video recording: code of practice.
101. Codes of practice: supplementary.
102. Compensation.
103. Terrorist information.
104. Police powers: records.
105. Powers.
106. Private security services.

Specified organisations
107. Specified organisations: interpretation.
108. Evidence.
109. Inferences.
110. Sections 108 and 109: supplementary.
111. Forfeiture orders.

Duration of Part VII
112. Expiry and revival.
113. Transitional provisions.

Part VIII

General
114. Police powers.
115. Officers' powers.
116. Powers to stop and search.
117. Consent to prosecution.
118. Crown servants, regulators, & c.
119. Evidence.
120. Interpretation.
121. Index of defined expressions.
122. Orders and regulations.
123. Directions.
124. Amendments and repeals.
125. Report to Parliament.
126. Money.
127. Commencement.
128. Transitional provisions.
129. Extent.
130. Short title.

Schedules
Schedule 1 - Northern Ireland (Emergency Provisions) Act 1996.
Schedule 2 - Proscribed Organisations.
Schedule 3 - The Proscribed Organisations Appeal Commission.
Schedule 4 - Forfeiture Orders.
Part I - England and Wales.
Part II - Scotland.
Part III - Northern Ireland.
Part IV - Insolvency: United Kingdom Provisions.
Schedule 5 - Terrorist Investigations.
Part I - England and Wales and Northern Ireland.
Part II - Scotland.
Schedule 6 - Financial information.
Schedule 7 - Port and Border Controls.
Schedule 8 - Detention.
Part I - Treatment of persons detained under section 41 or Schedule 7
Part II - Review of detention under section 41.
Part III - Extension of detention under section 41.
Schedule 9 - Scheduled Offences.
Part I - Substantive Offences.
Part II - Inchoate and Related Offences.
Part III - Extra-Territorial Offences.
Schedule 10 - Munitions and Transmitters: Search and Seizure.
Schedule 11 - Independent Assessor of Military Complaints Procedures in Northern Ireland.
Schedule 12 - Compensation.
Schedule 13 - Private Security Services.
Schedule 14 - Exercise of Officers' Powers.
Schedule 15 - Consequential Amendments.
Schedule 16 - Repeals.
Part I - Acts.
Part II - Orders.


Part I

Introductory

Art. 1
Terrorism: interpretation
(1) In this Act "terrorism" means the use or threat, for the purposes of advancing a political, religious or ideological cause, of action which:
(a) involves serious violence against any person or property,
(b) endangers the life of any person, or
(c) creates a serious risk to the health or safety of the public or a section of the public.
(2) In subsection (1):
(a) "action" includes action outside the United Kingdom,
(b) a reference to any person or to property is a reference to any person, or to property, wherever situated, and
(c) a reference to the public includes a reference to the public of a country other than the United Kingdom.
(3) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.

(...)


Part IV
TERRORIST INVESTIGATIONS

Interpretation

Art. 32
Terrorist investigation
In this Act "terrorist investigation" means an investigation of:
(a) the commission, preparation or instigation of acts of terrorism,
(b) an act which appears to have been done for the purposes of terrorism,
(c) the resources of a proscribed organisation,
(d) the possibility of making an order under section 3(3), or
(e) the commission, preparation or instigation of an offence under this Act.

Cordons

Art. 33
Cordoned areas
(1) An area is a cordoned area for the purposes of this Act if it is designated under this section.
(2) A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.
(3) If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.
(4) The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable:
(a) by means of tape marked with the word "police", or
(b) in such other manner as a constable considers appropriate.

Art. 34
Power to designate
(1) Subject to subsection (2), a designation under section 33 may only be made:
(a) where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and
(b) where the area is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of superintendent.
(2) A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.
(3) Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable:
(a) make a written record of the time at which the designation was made, and
(b) ensure that a police officer of at least the rank of superintendent is informed.
(4) An officer who is informed of a designation in accordance with subsection (3)(b):
(a) shall confirm the designation or cancel it with effect from such time as he may direct, and
(b) shall, if he cancels the designation, make a written record of the cancellation and the reason for it.

Art. 35
Duration
(1) A designation under section 33 has effect, subject to subsections (2) to (5), during the period:
(a) beginning at the time when it is made, and
(b) ending with a date or at a time specified in the designation.
(2) The date or time specified under subsection (1)(b) must not occur after the end of the period of 14 days beginning with the day on which the designation is made.
(3) The period during which a designation has effect may be extended in writing from time to time by:
(a) the person who made it, or
(b) a person who could have made it (otherwise than by virtue of section 34(2)).
(4) An extension shall specify the additional period during which the designation is to have effect.
(5) A designation shall not have effect after the end of the period of 28 days beginning with the day on which it is made.

Art. 36
Police powers
(1) A constable in uniform may:
(a) order a person in a cordoned area to leave it immediately;
(b) order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;
(c) order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;
(d) arrange for the removal of a vehicle from a cordoned area;
(e) arrange for the movement of a vehicle within a cordoned area;
(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles.
(2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).
(3) It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.
(4) A person guilty of an offence under subsection (2) shall be liable on summary conviction to:
(a) imprisonment for a term not exceeding three months,
(b) a fine not exceeding level 4 on the standard scale, or
(c) both.

Information and evidence

Art. 37
Powers
Schedule 5 (power to obtain information, &c.) shall have effect.

Art. 38
Financial information
Schedule 6 (financial information) shall have effect.

Art. 39
Disclosure of information
(1) Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.
(2) The person commits an offence if he:
(a) discloses to another anything which is likely to prejudice the investigation, or
(b) interferes with material which is likely to be relevant to the investigation.
(3) Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 21.
(4) The person commits an offence if he:
(a) discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or
(b) interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.
(5) It is a defence for a person charged with an offence under subsection (2) or (4) to prove:
(a) that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or
(b) that he had a reasonable excuse for the disclosure or interference.
(6) Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser:
(a) to his client or to his client's representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose, or
(b) to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.
(7) A person guilty of an offence under this section shall be liable:
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(8) For the purposes of this section:
(a) a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation, and
(b) a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.


Part V
COUNTER-TERRORIST POWERS

Suspected terrorists

Art. 40
Terrorist: interpretation

(1) In this Part "terrorist" means a person who:
(a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, or
(b) is or has been concerned in the commission, preparation or instigation of acts of terrorism.
(2) The reference in subsection (1)(b) to a person who has been concerned in the commission, preparation or instigation of acts of terrorism includes a reference to a person who has been, whether before or after the passing of this Act, concerned in the commission, preparation or instigation of acts of terrorism within the meaning given by section 1.

Art. 41
Arrest without warrant
(1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
(2) Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.
(3) Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning:
(a) with the time of his arrest under this section, or
(b) if he was being detained under Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began.
(4) If on a review of a person's detention under Part II of Schedule 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released.
(5) Where a police officer intends to make an application for a warrant under paragraph 31 of Schedule 8 extending a person's detention, the person may be detained pending the making of the application.
(6) Where an application has been made under paragraph 31 or 38 of Schedule 8 in respect of a person's detention, he may be detained pending the conclusion of proceedings on the application.
(7) Where an application under paragraph 31 or 38 of Schedule 8 is granted in respect of a person's detention, he may be detained, subject to paragraph 39 of that Schedule, during the period specified in the warrant.
(8) The refusal of an application in respect of a person's detention under paragraph 31 or 38 of Schedule 8 shall not prevent his continued detention in accordance with this section.
(9) A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.

Art. 42



Search of premises
(1) A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.
(2) A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.
(3) In the application of subsection (1) to Scotland:
(a) "justice of the peace" includes the sheriff, and
(b) the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.

Art. 43
Search of persons
(1) A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
(2) A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
(3) A search of a person under this section must be carried out by someone of the same sex.
(4) A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.
(5) A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
Power to stop and search

Art. 44
Authorisations
(1) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation and to search:
(a) the vehicle;
(b) the driver of the vehicle;
(c) a passenger in the vehicle;
(d) anything in the vehicle or carried by the driver or a passenger.
(2) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search:
(a) the pedestrian;
(b) anything carried by him.
(3) An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.
(4) An authorisation may be given:
(a) where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
(b) where the specified area or place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;
(c) where the specified area or place is the whole or part of the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;
(d) where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.
(5) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

Art. 45
Exercise of power
(1) The power conferred by an authorisation under section 44(1) or (2):
(a) may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and
(b) may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.
(2) A constable may seize and retain an article which he discovers in the course of a search by virtue of section 44(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism.
(3) A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
(4) Where a constable proposes to search a person or vehicle by virtue of section 44(1) or (2) he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped.
(5) Where:
(a) a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and
(b) the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),
the written statement shall be provided.
(6) An application under subsection (5) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.

Art. 46
Duration of authorisation
(1) An authorisation under section 44 has effect, subject to subsections (2) to (7), during the period:
(a) beginning at the time when the authorisation is given, and
(b) ending with a date or at a time specified in the authorisation.
(2) The date or time specified under subsection (1)(b) must not occur after the end of the period of 28 days beginning with the day on which the authorisation is given.
(3) The person who gives an authorisation shall inform the Secretary of State as soon as is reasonably practicable.
(4) If an authorisation is not confirmed by the Secretary of State before the end of the period of 48 hours beginning with the time when it is given:
(a) it shall cease to have effect at the end of that period, but
(b) its ceasing to have effect shall not affect the lawfulness of anything done in reliance on it before the end of that period.
(5) Where the Secretary of State confirms an authorisation he may substitute an earlier date or time for the date or time specified under subsection (1)(b).
(6) The Secretary of State may cancel an authorisation with effect from a specified time.
(7) An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) to (6) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.

Art. 47
Offences
(1) A person commits an offence if he:
(a) fails to stop a vehicle when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(1);
(b) fails to stop when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(2);
(c) wilfully obstructs a constable in the exercise of the power conferred by an authorisation under section 44(1) or (2).
(2) A person guilty of an offence under this section shall be liable on summary conviction to:
(a) imprisonment for a term not exceeding six months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.

Parking

Art. 48
Authorisations
(1) An authorisation under this section authorises any constable in uniform to prohibit or restrict the parking of vehicles on a road specified in the authorisation.
(2) An authorisation may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.
(3) An authorisation may be given:
(a) where the road specified is outside Northern Ireland and is wholly or partly within a police area other than one mentioned in paragraphs (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
(b) where the road specified is wholly or partly in the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;
(c) where the road specified is wholly or partly in the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;
(d) where the road specified is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.
(4) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

Art. 49
Exercise of power
(1) The power conferred by an authorisation under section 48 shall be exercised by placing a traffic sign on the road concerned.
(2) A constable exercising the power conferred by an authorisation under section 48 may suspend a parking place.
(3) Where a parking place is suspended under subsection (2), the suspension shall be treated as a restriction imposed by virtue of section 48:
(a) for the purposes of section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally parked etc) and of any regulations in force under that section, and
(b) for the purposes of Articles 47 and 48 of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

(...)

Schedule 1
NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1996

Temporary extension

1. - (1) This paragraph applies to the provisions of the Northern Ireland (Emergency Provisions) Act 1996 which are in force immediately before 15th June 2000 (whether or not by virtue of an order under section 62(3) of that Act).
(2) Subject to the provisions of this paragraph and paragraph 2:
(a) the provisions to which this paragraph applies shall continue in force for the period of 12 months starting with the day on which this Act is passed, and
(b) the Secretary of State may by order provide for all or any of those provisions to continue in force for the period of 12 months immediately following the period mentioned in paragraph (a).
(3) Sub-paragraph (2) shall have effect notwithstanding:
(a) the expiry of a period specified in an order under section 62(3)(a) or (c) of the 1996 Act (temporary extension) where the order was made before the passing of this Act, and
(b) section 62(10) of the 1996 Act (automatic repeal on 24th August 2000).
(4) The Secretary of State may by order provide for any of the provisions to which this paragraph applies:
(a) to cease to have effect on a specified day;
(b) to cease to be one of the temporary provisions for the purposes of section 62 of the 1996 Act on a specified day;
and different days may be specified for different purposes.

2. - The powers under section 62(3)(a), (b) and (c) of the 1996 Act:
(a) shall continue to be exercisable in relation to any provision continued in force by virtue of paragraph 1(2)(a) or (b) until the provision ceases to have effect on the expiry of a period mentioned in paragraph 1(2) or ceases to be a temporary provision by virtue of paragraph 1(4)(b), but
(b) shall not otherwise be exercisable after the passing of this Act.

3. - (1) Paragraph 1 does not apply to the following provisions of the 1996 Act:
(a) section 26(1)(b) (power of entry on authority of Secretary of State),
(b) section 35 (wearing of hoods), or
(c) section 50 (explosives factories).
(2) On the passing of this Act those provisions:
(a) shall cease to have effect, and
(b) shall cease to be temporary provisions for the purposes of section 62 of the 1996 Act.

Amendments during temporary extension

4. The provisions of the 1996 Act which continue in force by virtue of paragraph 1(2) shall be amended as follows.

5. In section 19 (arrest and seizure) after subsection (4) insert:
"(5) The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the Human Rights Act 1998."

6. In section 20 (search for munitions, & c.) after subsection (5) insert:
"(5A) The power to extend a period conferred by subsection (4) may be exercised only once in relation to a particular search."

7. In section 26 (powers of entry, &c.) after subsection (2) insert:
"(2A) The Secretary of State may grant an authorisation under subsection (2) only if he considers it necessary for the preservation of the peace or the maintenance of order."

8. In section 33 (collection of information, & c.) after subsection (5) insert:
"(5A) Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
(5B) An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time)."

9. - (1) Part V (private security services) shall have effect subject to the provisions of this paragraph.
(2) On issuing a certificate under section 39 the Secretary of State may impose a condition if satisfied that it is necessary in order to prevent an organisation within section 39(8) from benefiting from the certificate.
(3) To the grounds for refusal to issue a certificate and for revocation of a certificate in sections 39(1) and (5) there shall be added the ground that the Secretary of State is satisfied that the applicant for or holder of a certificate has failed to comply with a condition imposed by virtue of sub-paragraph (2) above.
(4) The applicant for a certificate may appeal to the High Court if:
(a) the application is refused,
(b) a condition is imposed on the grant of the certificate, or
(c) the certificate is revoked.
(5) Where an appeal is brought under sub-paragraph (4), the Secretary of State may issue a certificate that the decision to which the appeal relates:
(a) was taken for the purpose of preventing benefit from accruing to an organisation which was within section 39(8), and
(b) was justified by that purpose.
(6) If he intends to rely on a certificate under sub-paragraph (5), the Secretary of State shall notify the appellant.
(7) Where the appellant is notified of the Secretary of State's intention to rely on a certificate under sub-paragraph (5):
(a) he may, in accordance with rules made by the Lord Chancellor, appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and
(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

Schedule 2
PROSCRIBED ORGANISATIONS

The Irish Republican Army.
Cumann na mBan.
Fianna na hEireann.
The Red Hand Commando.
Saor Eire.
The Ulster Freedom Fighters.
The Ulster Volunteer Force.
The Irish National Liberation Army.
The Irish People's Liberation Organisation.
The Ulster Defence Association.
The Loyalist Volunteer Force.
The Continuity Army Council.
The Orange Volunteers.
The Red Hand Defenders.

(...)