Page:Computer Misuse Act 1990.pdf/12

“(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this paragraph applies to an agreement, this Part has effect in relation to it as it has effect in relation to an agreement falling within paragraph (1).

(1B) Paragraph (1A) applies to an agreement if—

(a) a party to it, or a party’s agent, did anything in Northern Ireland in relation to it before its formation;

(b) a party to it became a party in Northern Ireland (by joining it either in person or through an agent); or

(c) a party to it, or a party’s agent, did or omitted anything in Northern Ireland in pursuance of it;

and the agreement would fall within paragraph (1) as an agreement relating to the commission of a computer misuse offence but for the fact that the offence would not be an offence triable in Northern Ireland if committed in accordance with the parties’ intentions.”.

(6) The following paragraph shall be inserted after paragraph (4) of that Article—

“(5) In the application of this Part to an agreement to which paragraph (1A) applies any reference to an offence shall be read as a reference to what would be the computer misuse offence in question but for the fact that it is not an offence triable in Northern Ireland.

(6) In this Article “computer misuse offence” means an offence under the Computer Misuse Act 1990.”.

(7) The following paragraphs shall be inserted after Article 3(1) of that Order—

“(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this paragraph applies to an act, what the person doing it had in view shall be treated as an offence to which this Article applies.

(1B) Paragraph (1A) above applies to an act if—

(a) it is done in Northern Ireland; and

(b) it would fall within paragraph (1) as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in Northern Ireland.”.

(8) In section 8—

(a) the reference in subsection (2) to section 1(1A) of the 1977 c. 45.Criminal Law Act 1977 shall be read as a reference to Article 9(1A) of that Order; and

(b) the reference in subsection (3) to section 1(1A) of the 1981 c. 47.Criminal Attempts Act 1981 shall be read as a reference to Article 3(1A) of that Order.

(9) The references in sections 9(1) and 10 to England and Wales shall be read as references to Northern Ireland.

(10) In section 11, for subsection (1) there shall be substituted—