(This note is not part of the Order)
Under section 3 of the Northern Ireland (Sentences) Act 1998 (“the 1998 Act”) the Secretary of State must specify an organisation if he believes that it is concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and that it has not established or is not maintaining a complete and unequivocal ceasefire. The Secretary of State is obliged to review the list of specified organisations from time to time and to make a new order if he considers that the conditions recited in the preamble to this Order no longer apply to an organisation which is specified, or that those conditions apply to an organisation which is not specified.
Following such a review the Secretary of State has decided that Óglaigh na hEireann should be specified, that the Ulster Volunteer Force and the Red Hand Commando no longer need to be specified and that the Continuity IRA, the Loyalist Volunteer Force, the Orange Volunteers, the “Real” IRA and the Red Hand Defenders (which were specified by SI 2005/2558 which this Order revokes) should continue to be specified.
The effect of specifying an organisation is that a prisoner who is, or who would be likely to become, a supporter of such an organisation, is ineligible for release under the 1998 Act or, if released, is liable to recall to prison.