HC Deb 06 March 1991 vol 187 c415

8.—(1) The power to make a restraint order or charging order under the provisions of paragraphs 5 and 6 above shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary or a person authorised under section 47 of this Act to investigate a relevant offence.

(2) In their application by virtue of sub-paragraph (1) above paragraph 4 to 6 above shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.

(3) An order made by the Secretary of State by virtue of this paragraph may be varied or discharged under those provisions by the High Court; and the High Court may under paragraph 5(8) above appoint a receiver where a restraint order has been made by the Secretary of State.

(4) A person who contravenes a restraint order made by virtue of this paragraph is guilty of an offence and liable—

  1. (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;
  2. (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.