PTA (Additional Powers) Act 1996
01 January 1991
PTA (Additional Powers) Act 1996
actdoc February=1997
"Prevention of Terrorism (Additional Powers) Act 1996"
FULL TEXT of the Act rushed through the UK parliament in just one
day, Easter 1996:
An Act to extend powers of search in connection with acts of
terrorism and terrorist investigations; confer powers on
constables in relation to areas on which police cordons are
imposed in connection with terrorist investigations; and confer
powers in connection with the prevention of acts of terrorism to
impose prohibitions and restrictions in relation to vehicles on
roads. [3rd April 1996]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the
authority of the same, as follows:-
1-(1) In the 1989 Act insert, after section 13A -
13B.-(1) Where it appears to a police officer of the rank
mentioned in subsection (1)(a), (b) or (as the case may be) (c)
of section 13A above that it is expedient to do so in order to
prevent acts of terrorism to which that section applies, he may
give an authorisation that the powers to stop and search persons
conferred by this section shall be exercisable at any place
within his area or a locality in his area which is specified in
the authorisation.
(2) This section confers on any constable in uniform power to
stop any pedestrian and search him, or anything carried by him,
for articles of a kind which could be used for a purpose
connected with the commission, preparation or instigation of such
acts of terrorism.
(3) A constable may exercise his powers under this section
whether or not he has any grounds for suspecting the presence of
articles of that kind.
(4) Nothing in this section authorises a constable to require
a person to remove any of his clothing in public other than any
headgear, footwear, outer coat, jacket or gloves.
(5) A person is guilty of an offence if he-
(a) fails to stop when required to do so by a constable in
the exercise of his powers under this section; or
(b) wilfully obstructs a constable in the exercise of those
powers.
(6) A person guilty of an offence under subsection (5) above
shall be liable on summary conviction to imprisonment for a term
not exceeding six months or a fine not exceeding level 5 on the
standard scale or both.
(7) An authorisation under this section may be given in writing
or orally but if given orally must be confirmed in writing by the
person giving it as soon as is reasonably practicable.
(8) A person giving an authorisation under this section must
cause the Secretary of State to be informed, as soon as is
reasonably practicable, that it was given.
(9) An authorisation under this section-
(a) may be cancelled by the Secretary of State with effect
from such time as he may direct;
(b) ceases to have effect if it is not confirmed by the
Secretary of State before the end of the period of 48 hours
beginning with the time when it was given; but
(c) if confirmed, continues in force -
(i) for such period, not exceeding 28 days beginning
with the day on which it was given, as may be
specified in the authorisation; or
(ii) for such shorter period as the Secretary of State
may direct.
(10) If a person is stopped by a constable under this section,
he shall be entitled to obtain a written statement that he was
stopped under the powers conferred by this section if he applies
for such a statement not later than the end of the period of
twelve months from the day on which he was stopped.".
(2) Section 13A of the 1989 Act (powers to stop and search
vehicles etc. and persons carrying things) is amended as follows.
(3) Subsection (3)(c) (power to stop and search pedestrians) is
repealed and, in consequ