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Northern Ireland (Emergency Provisions) Act 1973

1973 CHAPTER 53

An Act to make provision with respect to the following matters in Northern Ireland, that is to say, proceedings for and the punishment of certain offences, the detention of terrorists, the preservation of the peace, the maintenance of order and the detection of crime and to proscribe and make other provision in connection with certain organisations there, and for connected purposes.

[25th July 1973]

Part I Trial and Punishment of Certain Offences

1 Punishment for murder.

(1) No person shall suffer death for murder and a person convicted of murder shall, subject to Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998(detention of children at Secretary of State’s pleasure) , be sentenced to imprisonment for life.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purpose of any proceedings on or subsequent to a person’s trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under a sentence of death for capital murder, the sentence shall have effect as a sentence of imprisonment for life.

(5) In this section “ capital murder ” means a murder which immediately before the commencement of this Act is a capital murder within the meaning of section 10 of the Criminal Justice Act (Northern Ireland) 1966.

2—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6–8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Remand homes and training schools.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

10—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Offences Against Public Security and Public Order

19 Proscribed organisations.

(1)—(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In section 4 of the Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968 (assessment of compensation) and in the Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971, in their application to an injury or damage caused by an act committed while this section is in force, “ unlawful association ” includes a proscribed organisation.

20, 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Miscellaneous and General

24—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Interpretation.

(1) In this Act, except so far as the context otherwise requires—

(2) Any reference in this Act, except so far as the context otherwise requires, to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(3) Any reference in this Act to an enactment of the Parliament of Northern Ireland or to an enactment which that Parliament has power to amend shall be construed as including a reference to any enactment of the Parliament of Northern Ireland passed after this Act and re–enacting the said enactment with or without modifications.

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Commencement, duration, expiry and revival of provisions of this Act.

(1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The coming into force of any of the following provisions of this Act, that is to say, sections 2, 4, 5, 6, and 7, . . . on the commencement of this Act . . . , shall not affect any trial on indictment where the indictment has been presented, or any summary trial which has started, before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.

(5) Where before the coming into force of section 4(1) above, . . . on the commencement of this Act . . . , a person has been committed for trial for a scheduled offence and the indictment has not been presented, then, on the coming into force of that subsection, he shall, if he was committed to a county court or to a court of assize other than the Belfast City Commission, be treated as having been committed to that Commission.

(6),(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Short title, repeals, savings and extent.

(1) This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1973.

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 38 of the Interpretation Act 1889 (effect of repeals) shall apply to the repeal by this Act of any Act or enactment of the Parliament of Northern Ireland and to the cesser of any order or regulations made under any enactment repealed by this Act as it applies to the repeal of any Act or enactment of the Parliament of the United Kingdom.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The repeal by this Act of section 1 of the Offences against the Person Act 1861 shall not affect the operation of sections 64, 65, and 68 of that Act which shall continue to apply in relation to murder as if this Act had not been passed.

(7) Neither any rule of law nor any enactment other than this Act nor anything contained in a commission issued for the trial of any person shall be construed as limiting or otherwise affecting the operation of any provision of this Act, . . . but—

(a) subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty’s prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; . . .

(b) . . .

(8) This Act shall extend to Northern Ireland only.

SCHEDULES

SCHEDULE 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 2—5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status: Northern Ireland (Emergency Provisions) Act 1973 is up to date with all changes known to be in force on or before 09 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Northern Ireland (Emergency Provisions) Act 1973 (1973/53)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
C1The text of s. 9(2)–(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C2References to an Act or enactment of the Parliament of Northern Ireland to be construed as including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36) , Sch. 5 para. 1
C3Unreliable marginal note
C4Unreliable marginal note
F1Words in s. 1(1)(3) substituted (31.1.1999) by S.I. 1998/1504 (N.I. 9) , art. 65(1) , Sch. 5 para. 6 ; S.R. 1999/25 , art. 2substituted
F2S. 1(2)(3) repealed (8.10.2001) by S.I. 2001/2564 (N.I. 2) , art. 13(2) , Sch. 3 ; S.R. 2001/337 , art. 2repealed
F3Ss. 2–4 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F4S. 5 repealed by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , s. 7 , Sch. 3repealed
F5Ss. 6–8 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F6S. 9(1)-(5) repealed (31.1.1999) by S.I. 1998/1504 , art. 65(2) , Sch. 6 ; S.R. 1999/25 , art. 2repealed
F7Ss. 10–18 , 19(1)–(7) , 20 , 21 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F8Ss. 10–18 , 19(1)–(7) , 20 , 21 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F9Ss. 10–18 , 19(1)–(7) , 20 , 21 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F10S. 22 repealed by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , Sch. 3repealed
F11Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F12Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F13Definitions repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F14Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F15Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F16Words repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F17Words substituted by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , s. 6(2) ( a ), (3) except as they apply to a trial on indictment where the accused was committed to the Belfast Recorder's Court before 21.8.1975substituted
F18Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F19Words repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F20S. 31(7) ( b ) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
F21Sch. 1 repealed by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , Sch. 3 (with saving in Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41) , ss. 46 , 63(2)(a) (with s. 61 ))this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F22Schs. 2–5 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. Irepealed
M11966 c. 20 (N.I.)
M21968 c. 9 (N.I.)
M31971 c. 38 (N.I.)
M41889 c. 63 .
M51861 c. 100 .
Defined TermSection/ArticleIDScope of Application
capital murders. 1 of Part IlegTermHOUbQXpr
enactments. 28 of Part IVlegTerm7AgqYmuT
unlawful associations. 19 of Part IIIlegTermUI7dsHl7
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
Northern Ireland (Emergency Provisions) Act 1973 1973 c. 53 s. 19F continued Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 2023 c. 41 Sch. 10 para. 2(11)(b) Not yet

    Status of changes to instrument text

    The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.