Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/104

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Terrorism Act 2000
c. 1199

Sch. 5

Northern Ireland

18. In the application of this Part to Northern Ireland—

(a) the reference in paragraph 4(a) to section 11 of the 1984 c. 60.
S.I. 1989/1341 (N.I. 12).
Police and Criminal Evidence Act 1984 shall be taken as a reference to Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989,
(b) the reference in paragraph 4(b) to section 10 of that Act shall be taken as a reference to Article 12 of that Order,
(c) the reference in paragraph 4(c) to section 14 of that Act shall be taken as a reference to Article 16 of that Order,
(d) the references in paragraph 9(1) and (2) to “government department” shall be taken as including references to an authorised Northern Ireland department for the purposes of the 1947 c. 44.Crown Proceedings Act 1947,
(e) the reference in paragraph 10(2) to “Crown Court Rules” shall be taken as a reference to county court rules,
(f) the reference in paragraph 17 to sections 21 and 22 of the Police and Criminal Evidence Act 1984 shall be taken as a reference to Articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989, and
(g) references to “a Circuit judge” shall be taken as references to a county court judge.


19.—(1) The Secretary of State may by a written order which relates to specified premises give to any constable in Northern Ireland—

(a) the authority which may be given by a search warrant under paragraph 1;
(b) the authority which may be given by a search warrant under paragraph 11.

(2) An order shall not be made under this paragraph unless—

(a) it appears to the Secretary of State that the information which it would be necessary to provide to the court in support of an application for a warrant would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56, and
(b) the order is made for the purposes of an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56.

(3) The Secretary of State may make an order under sub-paragraph (1)(a) in relation to particular premises only if satisfied—

(a) that there are reasonable grounds for believing that there is material on the premises which is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in subparagraph (2)(b), and which does not consist of or include excepted material, and
(b) that the authority of an order is likely to be necessary in the circumstances of the case.

(4) The Secretary of State may make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that an order made under paragraph 5 in relation to material on the premises has not been complied with.

(5) The Secretary of State may also make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that there are reasonable grounds for believing that—