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Emergency Powers Act (Northern Ireland), 1926 (6 May 1926)



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[16 & 17 GEO. 5.] Emergency Powers Act (Northern Ireland), 1926. [Ch. 8.]

CHAPTER 8.

 
An Act to make provision for the protection of the community in Northern Ireland in cases of emergency. [6th May, 1926.] A.D. 1926.
BE it enacted by the King’s most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows :—
1. If at any time it appears to the Governor of Northern Ireland that any action has been taken or is likely to be taken in the immediate future (whether in Northern Ireland or elsewhere) by any persons or body of persons, being action of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community in Northern Ireland, or any substantial portion of that community, of the essentials of life, the said Governor may, by proclamation (in this Act referred to as a proclamation of emergency), declare that a state of emergency exists.

A proclamation of emergency shall continue in force until revoked by the said Governor.

Issue of proclamations of emergency.
2.—(1) Where a proclamation of emergency has been made, and so long as the proclamation is in force, it shall be lawful for the said Governor, by Order in the Privy Council of Northern Ireland, to make regulations for securing the essentials of life to the community, and those regulations may confer or impose on any Minister or Ministry of Northern Ireland, officer of the Government of Northern Ireland (including any police officer or constable), local authority, or other person acting on behalf of the said Government, such powers and duties as the said Governor may deem necessary for the preservation of the peace, for securing and regulating the supply and distribution of food, water, fuel, light, and other necessities, for maintaining the means of transit or locomotion, and for any other purposes essential to the public safety and the life of the community, and may make such provisions incidental to the powers aforesaid as may appear to the said Governor to be required for making the exercise of those powers effective:

Provided that no such regulation shall make it an offence for any person or persons to take part in a strike, or peacefully to persuade any other person or persons to take part in a strike.

(2) Any regulations so made shall be laid before Parliament as soon as may be after they are made.

(3) The regulations may provide for the trial, by courts of summary jurisdiction, of persons guilty of offences against the regulations; so, however, that the maximum penalty which may be inflicted for any offence against any such regulations shall be imprisonment, with or without hard labour, for a term of three months, or a fine of one hundred pounds, or both such imprisonment and fine, together with the forfeiture of any goods or money in respect of which the offence has been committed:

Provided that no such regulations shall alter any existing procedure in criminal cases, or confer any right to punish by fine or imprisonment without trial.

(4) The regulations so made shall have effect as if enacted in this Act, but may be added to, altered, or revoked by regulations made in like manner and subject to the like provisions as the original regulations.

Emergency regulations
(5) The expiry or revocation of any regulations so made shall not he deemed to have affected the previous operation thereof, or the validity of any action taken thereunder, or any penalty or punishment incurred in respect of any contravention or failure to comply therewith, or any proceeding or remedy in respect of any such punishment or penalty. A.D. 1926
3. The powers conferred by this Act shall be in addition to, and not in derogation of, any powers conferred upon an authority of the Government of Northern Ireland by, or in pursuance of, the Civil Authorities (Special Powers) Act (Northern Ireland), 1922.
Saving for powers under 12 & 13 Geo. 5, c. 5.
4. This Act may be cited as the Emergency Powers Act (Northern Ireland), 1926. Short title

 

 

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PRINTED BY MESSRS. R. CARSWELL & SON, LTD.,
FOR WILLIAM RICHARD CODLING, ESQ., C.V.O., C.B.E.,
THE OFFICER APPOINTED TO PRINT THE ACTS OF THE PARLIAMENT
OF NORTHERN IRELAND.

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1926.
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