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EMERGENCY POWERS ACT (NORTHERN IRELAND) 1926 - SECT 2

Emergency regulations.

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,... 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.

(5) The expiry or revocation of any regulations so made shall not be 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.

S.3 rep. by 1973 c.53 s.31 sch.5


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© 1926 Crown Copyright

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