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Home > Human Rights & Humanitarian Law > Armed Conflict & the Law > What is Terrorism? > Terrorism: United Kingdom Law & Practise > UK Terrorism Act 2000 - Index > Parts 1 to V : Sections 1 to 53 > Parts VI to VII: Sections 54 to 119 > Part VIII: Sections 114 to 131 > Schedules 1 to 4 > Schedules 5 to 10 > Schedules 11 to end
UK Terrorism Act 2000
Schedules 11 to end
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SCHEDULE 11 | |
INDEPENDENT ASSESSOR OF MILITARY COMPLAINTS PROCEDURES IN NORTHERN IRELAND | ||
Tenure | ||
1. - (1) The Independent Assessor of Military Complaints Procedures in
Northern Ireland shall hold and vacate office in accordance with the terms
of his appointment. |
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(2) The Independent Assessor shall be appointed for a
term not exceeding three years (but may be reappointed). |
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(3) The Independent Assessor may at any time resign his
office by written notice to the Secretary of State. |
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(4) The Secretary of State may remove the Independent
Assessor from office- |
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(a) if he has failed without reasonable excuse to carry out his duties for a continuous period of six months or more, |
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(b) if he has been convicted of a criminal offence, |
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(c) if a bankruptcy order has been made against him, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or |
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(d) if the Secretary of State is satisfied that he is otherwise unable or unfit to perform his functions. |
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Remuneration | ||
2. - (1) The Secretary of State shall pay to the Independent Assessor- |
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(a) such remuneration, and |
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(b) such allowances, |
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as the Secretary of State may determine. |
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(2) The Secretary of State may make payments to or in
respect of the Independent Assessor in connection with pensions and
gratuities. |
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Staff | ||
3. - (1) The Independent Assessor may appoint such number of employees, on
such terms and conditions, as he may determine with the approval of the
Secretary of State. |
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(2) The Secretary of State may make payments to or in
respect of persons appointed under this paragraph. |
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Reports | ||
4. - (1) The Independent Assessor shall send the Secretary of State an
annual report on the performance of his functions. |
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(2) Where the Secretary of State receives a report
under sub-paragraph (1) he shall- |
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(a) publish it, and |
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(b) lay it before Parliament. |
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(3) The Independent Assessor may report to the
Secretary of State on any matter which comes to his attention in the course
of the performance of his functions. |
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Disqualification | ||
5. In Part III of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975 (other disqualifying offices) the following entry
shall be inserted at the appropriate place- |
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SCHEDULE 12 |
COMPENSATION | |
Right to compensation | |
1. - (1) This paragraph applies where under Part VII of this Act- |
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(a) real or personal property is taken, occupied, destroyed or damaged, or |
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(b) any other act is done which interferes with private rights of property. |
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(2) Where this paragraph applies in respect of an act
taken in relation to any property or rights the Secretary of State shall pay
compensation to any person who- |
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(a) has an estate or interest in the property or is entitled to the rights, and |
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(b) suffers loss or damage as a result of the act. |
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2. No compensation shall be payable unless an application is made to the
Secretary of State in such manner as he may specify. |
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Time limit | |
3. - (1) Subject to sub-paragraphs (2) and (3), an application for
compensation in respect of an act must be made within the period of 28 days
beginning with the date of the act. |
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(2) The Secretary of State may, in response to a
request made to him in writing, permit an application to be made- |
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(a) after the expiry of the period mentioned in sub-paragraph (1), and |
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(b) within such longer period, starting from the date of the act and not exceeding six months, as he may specify. |
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(3) Where the Secretary of State refuses a request
under sub-paragraph (2)- |
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(a) he shall serve a notice of refusal on the person who made the request, |
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(b) that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and |
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(c) the county court may exercise the power of the Secretary of State under sub-paragraph (2). |
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Determination | |
4. Where the Secretary of State determines an application for compensation
he shall serve on the applicant a notice- |
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(a) stating that he has decided to award compensation and specifying the amount of the award, or |
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(b) stating that he has decided to refuse the application. |
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5. - (1) An applicant may appeal to the county court against- |
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(a) the amount of compensation awarded, or |
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(b) the refusal of compensation. |
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(2) An appeal must be brought within the period of six
weeks beginning with the date of service of the notice under paragraph 4. |
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6. - (1) This paragraph applies where the Secretary of State considers that
in the course of an application for compensation the applicant- |
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(a) knowingly made a false or misleading statement, |
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(b) made a statement which he did not believe to be true, or |
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(c) knowingly failed to disclose a material fact. |
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(2) The Secretary of State may- |
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(a) refuse to award compensation, |
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(b) reduce the amount of compensation which he would otherwise have awarded, or |
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(c) withhold all or part of compensation which he has awarded. |
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7. Where the Secretary of State makes an award of compensation he may make
a payment to the applicant in respect of all or part of the costs of the
application. |
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Assignment of right | |
8. - (1) This paragraph applies where- |
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(a) a person has made an application for compensation, and |
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(b) his right to compensation has passed to another person by virtue of an assignment or the operation of law. |
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(2) The Secretary of State shall treat the person
mentioned in sub-paragraph (1)(b) as the applicant. |
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Offenders | |
9. - (1) This paragraph applies where a person has a right to compensation
in respect of an act and- |
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(a) the act was done in connection with, or revealed evidence of the commission of, a scheduled offence or a non-scheduled offence under this Act, and |
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(b) proceedings for the offence are brought against the person. |
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(2) The person's right to compensation shall not be
enforceable while the proceedings have not been concluded. |
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(3) If the person stands convicted of the offence he
shall have no right to compensation. |
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Notices | |
10. A notice served under paragraph 3(3)(a) or 4 shall contain particulars
of the right of appeal under paragraph 3(3)(b) or 5. |
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11. - (1) The Secretary of State may serve a notice under this Schedule on
an individual- |
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(a) by delivering it to him, |
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(b) by sending it by post addressed to him at his usual or last-known place of residence or business, or |
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(c) by leaving it for him there. |
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(2) The Secretary of State may serve a notice under
this Schedule on a partnership- |
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(a) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or |
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(b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office. |
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(3) The Secretary of State may serve a notice under
this Schedule on a body corporate- |
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(a) by sending it by post to the secretary or clerk of the body at its registered or principal office, or |
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(b) by addressing it to the secretary or clerk of the body and leaving it at that office. |
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(4) The Secretary of State may serve a notice under
this Schedule on any person- |
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(a) by delivering it to his solicitor, |
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(b) by sending it by post to his solicitor at his solicitor's office, or |
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(c) by leaving it for his solicitor there. |
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Offences | |
12. - (1) A person commits an offence if he obtains compensation or
increased compensation for himself or another person by deception (within
the meaning of section 15(4) of the Theft Act (Northern Ireland) 1969). |
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(2) A person commits an offence if for the purposes of
obtaining compensation he- |
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(a) knowingly makes a false or misleading statement, |
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(b) makes a statement which he does not believe to be true, or |
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(c) knowingly fails to disclose a material fact. |
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(3) A person guilty of an offence under this paragraph
shall be liable- |
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(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding one year, to a fine not exceeding the statutory maximum or to both. |
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(4) Section 82 shall not apply in relation to an
offence under this paragraph. |
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SCHEDULE 13 |
PRIVATE SECURITY SERVICES | |
Security services: interpretation |
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1. In this Schedule "security services" means the services of one or more
individuals as security guards (whether or not provided together with other
services relating to the protection of property or persons). |
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Unlicensed services: offences |
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2. A person commits an offence if he provides or offers to provide security
services for reward unless he- |
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(a) holds a licence under this Schedule, or |
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(b) acts on behalf of someone who holds a licence under this Schedule. |
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3. - (1) A person commits an offence if he publishes or causes to be
published an advertisement for the provision for reward of security services
by a person who does not hold a licence under this Schedule. |
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(2) It is a defence for a person charged with an
offence under this paragraph to prove- |
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(a) that his business is publishing advertisements or arranging for their publication, |
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(b) that he received the advertisement for publication in the ordinary course of business, and |
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(c) that he reasonably believed that the person mentioned in the advertisement as the provider of security services held a licence under this Schedule. |
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4. - (1) A person commits an offence if he pays money, in respect of the
provision of security services, to a person who- |
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(a) does not hold a licence under this Schedule, and |
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(b) is not acting on behalf of someone who holds a licence under this Schedule. |
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(2) It is a defence for a person charged with an
offence under this paragraph to prove that he reasonably believed that the
person to whom he paid the money- |
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(a) held a licence under this Schedule, or |
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(b) was acting on behalf of someone who held a licence under this Schedule. |
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5. - (1) A person guilty of an offence under paragraph 2 or 3 shall be
liable- |
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(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
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(2) A person guilty of an offence under paragraph 4 is
liable on summary conviction to- |
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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(c) both. |
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Application for licence |
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6. - (1) An application for a licence under this Schedule shall be made to
the Secretary of State- |
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(a) in such manner and form as he may specify, and |
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(b) accompanied by such information as he may specify. |
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(2) The Secretary of State may specify information only
if it concerns- |
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(a) the applicant, |
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(b) a business involving the provision of security services for reward which is, was or is proposed to be carried on by the applicant, |
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(c) a person whom the applicant employs or proposes to employ as a security guard, |
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(d) a partner or proposed partner of the applicant (where the applicant is an individual), |
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(e) a member or proposed member of the applicant (where the applicant is a partnership), |
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(f) an officer or proposed officer of the applicant (where the applicant is a body corporate). |
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(3) A person commits an offence if in connection with
an application for a licence he- |
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(a) makes a statement which he knows to be false or misleading in a material particular, or |
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(b) recklessly makes a statement which is false or misleading in a material particular. |
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(4) A person guilty of an offence under sub-paragraph
(3) shall be liable- |
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(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
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(5) For the purposes of this paragraph- |
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(a) a reference to employment or proposed employment by an applicant for a licence shall, where the applicant is a partnership or a member of a partnership, be construed as a reference to employment or proposed employment by the partnership or any of the partners, |
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(b) "officer" includes a director, manager or secretary, |
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(c) a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, and |
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(d) the reference to directions or instructions in paragraph (c) does not include a reference to advice given in a professional capacity. |
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Issue of licence |
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7. - (1) The Secretary of State shall grant an application for a licence
unless satisfied that- |
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(a) an organisation within sub-paragraph (4) would be likely to benefit from the licence (whether or not a condition were imposed under sub-paragraph (2)), |
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(b) that the applicant has persistently failed to comply with the requirements of this Schedule, or |
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(c) that the applicant has failed to comply with a condition imposed under sub-paragraph (2). |
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(2) The Secretary of State may on granting a licence
impose a condition if satisfied that it is necessary in order to prevent an
organisation within sub-paragraph (4) from benefiting from the licence. |
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(3) If the Secretary of State refuses an application
for a licence he shall notify the applicant of the refusal. |
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(4) An organisation is within this sub-paragraph if- |
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(a) it is a proscribed organisation, or |
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(b) it appears to the Secretary of State to be closely associated with a proscribed organisation. |
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(5) In this paragraph a reference to a benefit is a
reference to any benefit- |
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(a) whether direct or indirect, and |
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(b) whether financial or not. |
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(6) In this paragraph a reference to the requirements
of this Schedule includes a reference to the requirements of- |
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(a) Part V of the Northern Ireland (Emergency Provisions) Act 1991 (private security services), and |
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(b) Part V of the Northern Ireland (Emergency Provisions) Act 1996 (private security services). |
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Duration of licence |
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8. - (1) A licence- |
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(a) shall come into force at the beginning of the day on which it is issued, and |
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(b) subject to sub-paragraph (2), shall expire at the end of the period of 12 months beginning with that day. |
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(2) Where a licence is issued to a person who already
holds a licence, the new licence shall expire at the end of the period of 12
months beginning with the day after the day on which the current licence
expires. |
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(3) The Secretary of State may by order substitute a
period exceeding 12 months for the period for the time being specified in
sub-paragraphs (1)(b) and (2). |
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Revocation of licence |
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9. - (1) The Secretary of State may revoke a licence if satisfied that- |
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(a) an organisation within paragraph 7(4) would be likely to benefit from the licence remaining in force, |
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(b) the holder of the licence has persistently failed to comply with the requirements of this Schedule, or |
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(c) the holder of the licence has failed to comply with a condition imposed under paragraph 7(2). |
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(2) The Secretary of State shall not revoke a licence
unless the holder- |
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(a) has been notified of the Secretary of State's intention to revoke the licence, and |
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(b) has been given a reasonable opportunity to make representations to the Secretary of State. |
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(3) If the Secretary of State revokes a licence he
shall notify the holder immediately. |
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(4) Sub-paragraphs (5) and (6) of paragraph 7 shall
apply for the purposes of this paragraph. |
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Appeal |
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10. The applicant for a licence may appeal to the High Court if- |
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(a) the application is refused, |
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(b) a condition is imposed on the grant of the licence, or |
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(c) the licence is revoked. |
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11. - (1) Where an appeal is brought under paragraph 10, the Secretary of
State may issue a certificate that the decision to which the appeal relates- |
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(a) was taken for the purpose of preventing benefit from accruing to an organisation which was proscribed or which appeared to the Secretary of State to be closely associated with an organisation which was proscribed, and |
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(b) was justified by that purpose. |
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(2) If he intends to rely on a certificate under this
paragraph, the Secretary of State shall notify the appellant. |
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(3) Where the appellant is notified of the Secretary of
State's intention to rely on a certificate under this paragraph- |
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(a) he may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and |
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(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply. |
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(4) Rules made under section 91 or 92 of that Act which
are in force immediately before this paragraph comes into force shall have
effect in relation to a certificate under this paragraph- |
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(a) with any necessary modifications, and |
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(b) subject to any later rules made by virtue of sub-paragraph (3)(b). |
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Change of personnel |
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12. Paragraphs 13 and 14 apply to a person who- |
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(a) holds a licence, or |
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(b) has made an application for a licence which has not yet been determined. |
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13. - (1) If a person to whom this paragraph applies proposes to employ a
security guard about whom information was not given under paragraph 6, he
shall give the Secretary of State such information about the security guard
as the Secretary of State may specify. |
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(2) The information shall be given not less than 14
days before the employment is to begin. |
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(3) For the purposes of this paragraph the provisions
of paragraph 6(5) shall have effect in relation to a holder of or an
applicant for a licence as they have effect for the purposes of paragraph 6
in relation to an applicant. |
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14. - (1) A person to whom this paragraph applies shall give the Secretary
of State such information about a relevant change of personnel as the
Secretary of State may specify. |
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(2) The information shall be given- |
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(a) not less than 14 days before the change, or |
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(b) if that is not reasonably practicable, as soon as is reasonably practicable. |
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(3) A relevant change of personnel is- |
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(a) where the application for the licence was made by a partnership or a member of a partnership, a change in the members of the partnership, and |
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(b) where the application for the licence was made by a body corporate, a change in the officers of the body (within the meaning of paragraph 6). |
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(4) But a change of personnel is not relevant if it was
mentioned in the information given under paragraph 6. |
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15. - (1) A person commits an offence if he fails to comply with paragraph
13 or 14. |
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(2) A person guilty of an offence under this paragraph
shall be liable on summary conviction to- |
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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(c) both. |
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Records |
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16. - (1) A constable may- |
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(a) enter premises where a business involving the provision of security services is being carried on, and |
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(b) require records kept there of a person employed as a security guard to be produced for the constable's inspection. |
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(2) A constable exercising the power under this
paragraph- |
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(a) shall identify himself to a person appearing to be in charge of the premises, and |
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(b) if the constable is not in uniform, shall produce to that person documentary evidence that he is a constable. |
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(3) A person commits an offence if he fails to comply
with a requirement under this paragraph. |
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(4) It is a defence for a person charged with an
offence under sub-paragraph (3) to show that he had a reasonable excuse for
his failure. |
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(5) A person guilty of an offence under sub-paragraph
(3) shall be liable on summary conviction to- |
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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(c) both. |
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17. - (1) A person who provides security services for reward commits an
offence if he makes or keeps a record of a person employed by him as a
security guard which he knows to be false or misleading in a material
particular. |
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(2) A person guilty of an offence under this paragraph
shall be liable- |
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(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
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Offence: body corporate |
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18. - (1) This paragraph applies where an offence under this Schedule
committed by a body corporate is proved- |
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(a) to have been committed with the consent or connivance of an officer of the body corporate, or |
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(b) to be attributable to neglect on the part of an officer of the body corporate. |
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(2) The officer, as well as the body corporate, shall
be guilty of the offence. |
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(3) In this paragraph "officer" includes- |
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(a) a director, manager or secretary, |
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(b) a person purporting to act as a director, manager or secretary, and |
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(c) a member of a body corporate the affairs of which are managed by its members. |
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Notice |
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19. - (1) A notice under this Schedule shall be in writing. |
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(2) Information required to be given to the Secretary
of State under this Schedule- |
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(a) shall be in writing, and |
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(b) may be sent to him by post. |
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(3) The Secretary of State may serve a notice under
this Schedule on an individual- |
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(a) by delivering it to him, |
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(b) by sending it by post addressed to him at his usual or last-known place of residence or business, or |
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(c) by leaving it for him there. |
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(4) The Secretary of State may serve a notice under
this Schedule on a partnership- |
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(a) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or |
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(b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office. |
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(5) The Secretary of State may serve a notice under
this Schedule on a body corporate- |
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(a) by sending it by post to the secretary or clerk of the body at its registered or principal office, or |
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(b) by addressing it to the secretary or clerk of the body and leaving it at that office. |
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(6) The Secretary of State may serve a notice under
this Schedule on any person- |
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(a) by delivering it to his solicitor, |
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(b) by sending it by post to his solicitor at his solicitor's office, or |
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(c) by leaving it for his solicitor there. |
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(7) Sub-paragraphs (3) to (6) do not apply in relation
to a notice under paragraph 11. |
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SCHEDULE 16 |
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REPEALS AND REVOCATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
PART I | |||||||||||||||||||||||||||||||||||||||||||||||||
ACTS | |||||||||||||||||||||||||||||||||||||||||||||||||
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PART II | ||||||||||||||||
ORDERS | ||||||||||||||||
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