78.Sections 90 and 91 allow the police or army to enter premises to preserve the peace or maintain order, and allow a person on the authorisation of the Secretary of State to take possession of land etc for the preservation of peace or the maintenance of order. The common law power of the police is to enter in order to save life or limb, to prevent serious damage to property and to deal with or prevent a breach of the peace.
79.Section 92 allows for road closures. Powers to interfere with public highways are to be found under road traffic law (Road Traffic Act 1988 (c. 52)). There are no other provisions to permit the police to interfere with highways etc, although they may take specific action such as denying access to highways to prevent public disorder or a potential breach of the peace under the Public Order Act 1986 (c. 64).
80.While Lord Lloyd recommended that these provisions should be removed once lasting peace is established, the powers are still necessary in terms of land requisitioned for both RUC stations and security force bases and to provide protection for residents at sectarian interfaces where the fear of attack by opposing community factions remains real.
Commentary Part Vii: Northern Ireland Sections 90–93: Power of entry; taking possession of land; road closure: permission