Terrorism Bill - continued        House of Lords
PART VII, NORTHERN IRELAND - continued
Powers of arrest, search, &c. - continued

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Sections 81 to 94: supplementary.     95. - (1) This section applies in relation to sections 81 to 94.
 
      (2) A power to enter premises may be exercised by reasonable force if necessary.
 
      (3) A power to search premises shall, in its application to vehicles (by virtue of section 121), be taken to include-
 
 
    (a) power to stop a vehicle (other than an aircraft which is airborne), and
 
    (b) power to take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search.
      (4) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
 
      (5) A person guilty of an offence under subsection (4) 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.
      (6) In the application to a place or vehicle (by virtue of section 121) of a power to search premises-
 
 
    (a) a reference to the address of the premises shall be construed as a reference to the location of the place or vehicle together with its registration number (if any), and
 
    (b) a reference to the occupier of the premises shall be construed as a reference to the occupier of the place or the person in charge of the vehicle.
      (7) Where a search is carried out under Schedule 10 in relation to a vehicle (by virtue of section 121), the person carrying out the search may, if he reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated-
 
 
    (a) require a person in or on the vehicle to remain with it;
 
    (b) require a person in or on the vehicle to go to and remain at any place to which the vehicle is taken by virtue of subsection (3)(b);
 
    (c) use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above.
      (8) Paragraphs 4(2) and (3), 8 and 9 of Schedule 10 shall apply to a requirement imposed under subsection (7) as they apply to a requirement imposed under that Schedule.
 
      (9) Paragraph 8 of Schedule 10 shall apply in relation to the search of a vehicle which is not habitually stationary only if it is moved for the purpose of the search by virtue of subsection (3)(b); and where that paragraph does apply, the reference to the address of the premises shall be construed as a reference to the location where the vehicle is searched together with its registration number (if any).
 
      (10) A member of Her Majesty's forces exercising any power when he is not in uniform shall, if requested to do so by any person at or about the time of exercising the power, produce to that person documentary evidence that he is a member of Her Majesty's Forces.
 
 
Miscellaneous
Preservation of the peace: regulations.     96. - (1) The Secretary of State may by regulations make provision for promoting the preservation of the peace and the maintenance of order.
 
      (2) The regulations may authorise the Secretary of State to make orders or give directions for specified purposes.
 
      (3) A person commits an offence if he contravenes or fails to comply with-
 
 
    (a) regulations under this section, or
 
    (b) an order or direction made or given under regulations made under this section.
      (4) 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.
Port and border controls.     97. - (1) The Secretary of State may by order provide for members of Her Majesty's Forces to perform specified functions conferred on examining officers under Schedule 7.
 
      (2) A member of Her Majesty's Forces exercising functions by virtue of subsection (1) shall be treated as an examining officer within the meaning of Schedule 7 for all purposes of this Act except for paragraphs 5 and 6 of Schedule 14.
 
      (3) The Secretary of State may by order make provision, including provision supplementing or modifying Schedule 7, about entering or leaving Northern Ireland by land.
 
Independent Assessor of Military Complaints Procedures.     98. - (1) The Secretary of State may appoint a person to be known as the Independent Assessor of Military Complaints Procedures in Northern Ireland.
 
      (2) A person may be appointed as the Independent Assessor only if-
 
 
    (a) he is not a serving member of Her Majesty's forces, and
 
    (b) he has not been a serving member at any time during the period of 20 years ending with the date of the appointment.
      (3) The Independent Assessor-
 
 
    (a) shall keep under review the procedures adopted by the General Officer Commanding Northern Ireland for receiving, investigating and responding to complaints to which this section applies,
 
    (b) shall receive and investigate any representations about those procedures,
 
    (c) may investigate the operation of those procedures in relation to a particular complaint or class of complaints,
 
    (d) may require the General Officer Commanding to review a particular case or class of cases in which the Independent Assessor considers that any of those procedures have operated inadequately, and
 
    (e) may make recommendations to the General Officer Commanding about inadequacies in those procedures, including inadequacies in the way in which they operate in relation to a particular complaint or class of complaints.
      (4) This section applies to complaints about the behaviour of a member of Her Majesty's forces under the command of the General Officer Commanding Northern Ireland, other than-
 
 
    (a) a complaint which is referred by the General Officer Commanding to the Royal Ulster Constabulary and which is not remitted by the Royal Ulster Constabulary to the General Officer Commanding to be dealt with by him,
 
    (b) a complaint about a matter in respect of which a claim for compensation has been made under Schedule 12, and
 
    (c) a complaint about a matter which is the subject of proceedings involving a claim for compensation which have been instituted in a court.
      (5) The General Officer Commanding Northern Ireland shall-
 
 
    (a) provide such information,
 
    (b) disclose such documents, and
 
    (c) provide such assistance,
  as the Independent Assessor may reasonably require for the purpose of the performance of his functions.
 
      (6) Schedule 11 (which makes supplementary provision about the Independent Assessor) shall have effect.
 
Police and army powers: code of practice.     99. - (1) The Secretary of State may make codes of practice in connection with-
 
 
    (a) the exercise by police officers of any power conferred by this Act, and
 
    (b) the seizure and retention of property found by police officers when exercising powers of search conferred by any provision of this Act.
      (2) The Secretary of State may make codes of practice in connection with the exercise by members of Her Majesty's forces of powers by virtue of this Part.
 
      (3) In this section "police officer" means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
 
Video recording: code of practice.     100. - (1) The Secretary of State shall-
 
 
    (a) make a code of practice about the silent video recording of interviews to which this section applies, and
 
    (b) make an order requiring the silent video recording of interviews to which this section applies in accordance with the code.
      (2) This section applies to-
 
 
    (a) interviews by police officers of persons detained under section 41 if they take place in a police station (within the meaning of Schedule 8), and
 
    (b) interviews held by police officers in such other circumstances as the Secretary of State may specify by order.
      (3) In this section "police officer" means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
 
Codes of practice: supplementary.     101. - (1) This section applies to a code of practice under section 99 or 100.
 
      (2) Where the Secretary of State proposes to issue a code of practice he shall-
 
 
    (a) publish a draft,
 
    (b) consider any representations made to him about the draft, and
 
    (c) if he thinks it appropriate, modify the draft in the light of any representations made to him.
      (3) The Secretary of State shall lay a draft of the code before Parliament.
 
      (4) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
 
      (5) The Secretary of State may revise the whole or any part of a code of practice issued by him and issue the code as revised; and subsections (2) to (4) shall apply to such a revised code as they apply to an original code.
 
      (6) A failure by a police officer to comply with a provision of a code shall not of itself make him liable to criminal or civil proceedings.
 
      (7) A failure by a member of Her Majesty's forces to comply with a provision of a code shall not of itself make him liable to any criminal or civil proceedings other than-
 
 
    (a) proceedings under any provision of the Army Act 1955 or the Air Force Act 1955 other than section 70 (civil offences), and
 
    (b) proceedings under any provision of the Naval Discipline Act 1957 other than section 42 (civil offences).
      (8) A code-
 
 
    (a) shall be admissible in evidence in criminal or civil proceedings, and
 
    (b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
      (9) In this section-
 
 
    "criminal proceedings" includes proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the 1957 Act and proceedings in Northern Ireland before the Courts-Martial Appeal Court, and
 
    "police officer" means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
Compensation.     102. Schedule 12 (which provides for compensation to be paid for certain action taken under this Part) shall have effect.
 
 
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