Northern Ireland (Emergency Provisions) Act 1973

Part IVN.I. Miscellaneous and General

24—27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1N.I.

28 Interpretation.N.I.

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

• . . . F2

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• . . . F2

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3N.I.

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

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(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, . . . F5 on the commencement of this Act . . . F5, 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, . . . F5 on the commencement of this Act . . . F5, 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 [F6shall, 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

31 Short title, repeals, savings and extent.N.I.

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

(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4)Section 38 of the M1Interpretation 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(6)The repeal by this Act of section 1 of the Offences against the M2Person 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, . . . F8 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; . . . F8

(b) . . . F9

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