2010 No. 976

Northern Ireland

Constitutional Law

The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

Made31st March 2010

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 31st day of March 2010Present,The Queen’s Most Excellent Majesty in Council

A draft of this Order has been approved by resolution of each House of Parliament:

Her Majesty, in exercise of the powers conferred by sections 86 and 86A of the Northern Ireland Act 1998¹, is pleased, by and with the advice of Her Privy Council, to order as follows:

PART 1 Introductory¶

^I11 Title and commencement¶

1 This Order may be cited as the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

2 This Order shall come into force on the day on which the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010² (which devolves to the Northern Ireland Assembly legislative power in relation to policing and justice matters) comes into force.

^I22 Extent¶

1 Subject to paragraph (2), an amendment or repeal contained in this Order has the same extent as the enactment or instrument or relevant part of the enactment or instrument to which the amendment or repeal relates.

2 Nothing in this Order extends to a territory outside the United Kingdom.

^I33 Definitions¶

In this Order—

“the Department of Justice” means the Department of Justice in Northern Ireland;
“instrument” includes (in particular) Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, codes, guidance, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, warrants, certificates, deeds and other documents;
“property” includes rights and interests of any description;
“records” includes written records and records conveying information by any other means;
“relevant function” means—
1. a function transferred by article 4(1), 15(1) to (4) or 17(2), or
2. a function transferred by or by virtue of any provision of Schedules 2 to 19,and the cases covered by paragraphs (a) and (b) include (in particular) cases where the function transferred was part of a larger function (for example, where a function that is exercisable in relation to England and Wales and Northern Ireland is transferred so far as it is exercisable in relation to Northern Ireland);
“relevant property or liability” means any property or liability transferred by article 18;
“transferor” and “transferee”, in relation to a relevant function or any relevant property or liability, mean respectively—
1. the person from whom the function or property or liability is transferred, and
2. the person to whom the function or property or liability is transferred.

PART 2 Provision consequential on devolution to the Northern Ireland Assembly of legislative power in relation to policing and justice matters¶

^I44 Transfer of certain policing and justice functions¶

1 The Secretary of State’s functions immediately before the coming into force of this Order under the enactments specified in Schedule 1 are transferred to the Department of Justice.

2 The functions transferred by paragraph (1) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in Schedule 1 to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

3 Schedule 2 (which makes amendments to enactments specified in Schedule 1 etc) has effect.

^I55 Functions relating to policing¶

Schedule 3 (which makes amendments relating to policing) has effect.

^I66 Functions relating to the treatment of offenders¶

1 Schedule 4 (which makes amendments relating to prisons) has effect.

2 Schedule 5 (which makes amendments relating to the release of prisoners on licence) has effect.

3 Schedule 6 (which makes amendments relating to miscarriages of justice and the Royal prerogative of mercy) has effect.

4 Schedule 7 (which amends the Criminal Justice and Public Order Act 1994³) has effect.

5 Schedule 8 (which amends the Repatriation of Prisoners Act 1984⁴ and the Crime (Sentences) Act 1997⁵) has effect.

^I77 Functions under the Corporate Manslaughter and Corporate Homicide Act 2007¶

Schedule 9 (which amends the Corporate Manslaughter and Corporate Homicide Act 2007⁶) has effect.

^I88 Functions under the Serious Crime Act 2007¶

Schedule 10 (which amends the Serious Crime Act 2007⁷) has effect.

^I99 Functions relating to firearms¶

Schedule 11 (which amends the Firearms (Northern Ireland) Order 2004⁸ and the Violent Crime Reduction Act 2006⁹) has effect.

^I1010 Functions relating to explosives¶

Schedule 12 (which makes provision in relation to explosives) has effect.

^I1111 Functions under the Justice (Northern Ireland) Act 2002¶

Schedule 13 (which amends the Justice (Northern Ireland) Act 2002¹⁰) has effect.

^I1212 Functions relating to criminal justice¶

Schedule 14 (which makes amendments relating to criminal justice) has effect.

^I1313 Functions under the Serious Organised Crime and Police Act 2005¶

Schedule 15 (which amends the Serious Organised Crime and Police Act 2005¹¹) has effect.

^I1414 Functions relating to the private security industry¶

Schedule 16 (which amends the Private Security Industry Act 2001¹²) has effect.

^I1515 Functions of the Lord Chancellor etc¶

1 The Lord Chancellor’s functions immediately before the coming into force of this Order under the enactments specified in Schedule 17 are transferred to the Department of Justice.

2 The Lord Chancellor’s functions immediately before the coming into force of this Order under sections 3(2)(b) and (8)(a), 5A(6) and 19(4) of, and paragraphs 1(2), 2(4), 3, 4(1), 5(6) and 6 of Schedule 2 to, the Justice (Northern Ireland) Act 2002¹³ are transferred to the First Minister and deputy First Minister in Northern Ireland acting jointly.

3 The Lord Chancellor’s functions immediately before the coming into force of this Order under paragraphs 1(3), 2(3) and 5(5) of Schedule 2 to the Justice (Northern Ireland) Act 2002¹⁴ are transferred to the Office of the First Minister and deputy First Minister in Northern Ireland.

4 The functions immediately before the coming into force of this Order of the Treasury or the Minister for the Civil Service under the following enactments are transferred to the Department of Finance and Personnel in Northern Ireland—

a sections 2(1), (3) and (4) and 20(1) of the Administration of Justice Act (Northern Ireland) 1954¹⁵;

b sections 56(2), 75(7) and (9)(c), 79(1), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 1978¹⁶;

c Article 53 of the County Courts (Northern Ireland) Order 1980¹⁷;

d Article 141(4) of the Judgments Enforcement (Northern Ireland) Order 1981¹⁸;

e Article 36(1) and (3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981¹⁹;

f Articles 10(1), 86A(6) and 139(3) of the Magistrates’ Courts (Northern Ireland) Order 1981²⁰;

g Article 104(5) of the Mental Health (Northern Ireland) Order 1986²¹;

h Article 28(1) and (3) of the Juries (Northern Ireland) Order 1996²²;

i Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998²³;

j Articles 11(6)(d) and 21(5)(d) of the Access to Justice (Northern Ireland) Order 2003²⁴;

k paragraphs 4(2)(b), (5)(c), (8) and (10) and 5(5)(b), (7) and (9) of Schedule 3 to that Order.

5 Schedule 18 (which makes amendments relating to paragraphs (1) to (4) and other functions of the Lord Chancellor etc) has effect.

6 The functions transferred by paragraphs (1) to (4) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in Schedule 17 or in paragraphs (2) to (4) to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

^I1616 Public bodies etc¶

Schedule 19 (which makes amendments relating to public bodies etc) has effect.

^I1717 Functions under subordinate legislation and other instruments¶

1 This article applies in relation to a relevant function.

2 The transferor’s functions immediately before the coming into force of this Order under any instrument made (or so far as made) in the exercise of the relevant function are transferred to the transferee.

3 The functions transferred by paragraph (2) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and in paragraph (2) the reference to any instrument includes a reference to the instrument as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

4 This article is subject to—

a paragraphs 90 and 91 of Schedule 3 (which make provision in relation to the Royal Ulster Constabulary (Complaints etc.) Regulations 2000²⁵ etc);

b paragraph 92 of Schedule 3 (which makes provision in relation to the Royal Ulster Constabulary GC Regulations 2002²⁶);

c paragraph 110 of Schedule 3 (which makes provision in relation to the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005²⁷);

d paragraphs 111 and 112 of Schedule 3 (which make provision in relation to the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008²⁸ etc);

e paragraphs 8 to 25 of Schedule 4 (which make provision in relation to the Prison and Young Offenders Centre Rules (Northern Ireland) 1995²⁹);

f paragraphs 32 to 40 of Schedule 5 (which make provision in relation to the Parole Commissioners’ Rules (Northern Ireland) 2009³⁰ etc);

g paragraph 10(2) of Schedule 11 (which makes provision in relation to regulations about firearms etc);

h paragraph 4 of Schedule 12 (which makes provision in relation to regulations about explosives etc).

^I1818 Transfers of property etc¶

1 Paragraph (2) applies in relation to a function which—

a is a relevant function being transferred to the Department of Justice or the Minister in charge of that Department,

b is a function which, by virtue of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010, becomes exercisable on Her Majesty’s behalf under section 23(2) of the Northern Ireland Act 1998³¹, or

c is a function being transferred to the Department of Justice or the Minister in charge of that Department by or by virtue of the Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010.

2 Subject to paragraphs (3) and (4), all property and liabilities to which a Minister of the Crown or a government department is entitled or subject immediately before the coming into force of this Order are transferred to the Department of Justice so far as relating to the function.

3 All property and liabilities to which a Minister of the Crown or a government department is entitled or subject immediately before the coming into force of this Order in relation to the premises known as the Royal Courts of Justice, Chichester Street, Belfast BT1 3JY, are transferred to the Department of Justice.

4 All property and liabilities to which a Minister of the Crown or a government department is entitled or subject immediately before the coming into force of this Order are transferred to the Director of Public Prosecutions for Northern Ireland so far as relating to the premises listed in Schedule 20 or the contents of those premises.

5 Nothing in this article transfers—

a any property or liabilities so far as relating to land outside Northern Ireland or the contents of such land;

b any property or liabilities so far as relating to any premises listed in Schedule 21 or the contents of those premises;

c any property or liabilities so far as relating to records (apart from records held by the Northern Ireland Court Service immediately before its abolition);

d any property or liabilities so far as relating to a person’s employment in the civil service of the State.

6 The Department of Justice must make arrangements appearing to it to correspond to any arrangements in place immediately before the coming into force of this Order under which the Crown Solicitor and the staff of the Crown Solicitor’s Office occupy parts of the premises mentioned in paragraph (3).

7 In particular, the arrangements—

a must provide for the Crown Solicitor and staff to continue to be able to occupy those parts of the premises;

b may provide for the Crown Solicitor to pay to the Department of Justice amounts akin to a commercial rent and contributions to the costs of running the premises.

8 Paragraph (6) ceases to have effect on 12 April 2012 and is subject to any other agreement made between the Department of Justice and the Crown Solicitor.

9 In this article “government department” means—

a a department of the Government of the United Kingdom, or

b the Northern Ireland Court Service (before its abolition).

^I1919 ¶

1 Persons who are members of the Northern Ireland Court Service immediately before its abolition are transferred to the Northern Ireland Civil Service to be employed in the Department of Justice.

2 Persons—

a to whom this paragraph applies, and

b who are members of the Northern Ireland Civil Service holding positions in the Northern Ireland Office immediately before the coming into force of this Order,

are transferred to be employed in the Department of Justice.

3 Paragraph (2) applies to a person if, after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State—

a determined that the person’s duties in the Northern Ireland Office related wholly or mainly to functions within article 18(1)(a) to (c), and

b notified the person in writing that the person would transfer to the Department of Justice on the coming into force of this Order.

4 Persons—

a to whom this paragraph applies, and

b who, immediately before 12 October 2010, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

5 Paragraph (4) applies to a person if—

a immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

b after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties as a civil servant related wholly or mainly to functions within article 18(1)(a) to (c), and

c after the coming into force of this Order but before 12 October 2010—

i the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 October 2010, and

ii the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 October 2010.

6 Persons—

a to whom this paragraph applies, and

b who, immediately before 12 April 2011, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

7 Paragraph (6) applies to a person if—

a immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

c after the coming into force of this Order but before 12 April 2011—

i the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 April 2011, and

ii the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 April 2011.

8 Persons—

a to whom this paragraph applies, and

b who, immediately before 12 April 2012, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

9 Paragraph (8) applies to a person if—

a immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

c after the coming into force of this Order but before 12 April 2012—

i the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 April 2012, and

ii the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 April 2012.

10 Paragraph (11) applies if—

a in accordance with arrangements made between the Secretary of State and the Department of Justice, a person who is a civil servant (but not a member of the Northern Ireland Civil Service) is holding a position in the Department of Justice at any time after the coming into force of this Order,

b immediately before the coming into force of this Order the person was a member of the Senior Civil Service (and not the Northern Ireland Senior Civil Service), and

c after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties in the Senior Civil Service related wholly or mainly to functions within article 18(1)(a) to (c).

11 While the person is holding the position in the Department of Justice, the Departments (Northern Ireland) Order 1999³² has effect as if the person were a member of the Northern Ireland Senior Civil Service employed in the Department of Justice and, accordingly, the person is to be treated for the purposes of that Order as if the person were a senior officer of the Department of Justice.

12 Paragraph (11) ceases to have effect on 12 April 2012.

13 The Transfer of Undertakings (Protection of Employment) Regulations 2006³³ apply to a transfer by this article whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those Regulations.

^I2020 ¶

Subject to article 19(13), articles 18 and 19 operate so as to transfer property and liabilities—

a whether or not they would otherwise be capable of being transferred,

b without any instrument or other formality being required, and

c irrespective of any kind of requirement for consent that would otherwise apply.

^I2121 ¶

1 The Secretary of State may give such directions extending or restricting the operation of article 18 as the Secretary of State considers appropriate for the purpose of—

a making minor adjustments of any property or liabilities transferred by that article, or

b removing uncertainty as to the application of that article to any property or liabilities.

2 A direction under paragraph (1) may (in particular) provide for dividing or apportioning any property or liabilities between, on the one hand, a Minister of the Crown or a department of the Government of the United Kingdom and, on the other hand, the Department of Justice or the Director of Public Prosecutions for Northern Ireland.

3 Before giving a direction under paragraph (1) the Secretary of State must consult the Department of Justice or, if the Secretary of State considers appropriate, the Director of Public Prosecutions for Northern Ireland.

4 A certificate issued by the Secretary of State to the effect that any property or liabilities specified in the certificate were, or were not, transferred by article 18 to the Department of Justice or to the Director of Public Prosecutions for Northern Ireland is conclusive evidence of the matters stated in the certificate.

5 But the issue of a certificate under paragraph (4) does not prevent a subsequent direction being given under paragraph (1) in relation to the property or liabilities in question.

6 A direction may not be given under paragraph (1) after 12 April 2012.

7 A direction under paragraph (1) operates so as to adjust, apportion, divide or otherwise affect any property or liabilities—

a whether or not they would otherwise be capable of being adjusted, apportioned, divided or otherwise affected,

b without any instrument or other formality being required, and

c irrespective of any kind of requirement for consent that would otherwise apply.

^F122 ¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 The Northern Ireland Act 1998¶

^I2223 Quasi-judicial decisions¶

In section 20 of the Northern Ireland Act 1998³⁴ (Executive Committee) after subsection (4) insert—

Royal prerogative of mercy¶

^I2324

1 Amend section 23 of the Northern Ireland Act 1998 (prerogative and executive powers) as follows.

2 In subsection (2) for “subsection (3)” substitute “subsections (2A) and (3)”.

3 After subsection (2) insert—

^I2425

1 This article applies if—

a before the coming into force of this Order the Secretary of State recommended, or refused to recommend, the exercise of the Royal prerogative of mercy in any case, and

b by virtue of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 the Royal prerogative of mercy becomes exercisable on Her Majesty’s behalf under section 23(2) of the Northern Ireland Act 1998 in that case.

2 If the Secretary of State made a recommendation, Her Majesty may act on the recommendation despite section 23(2).

3 If the Secretary of State refused to make a recommendation, the refusal is to be treated as if it were a refusal by the Minister in charge of the Department of Justice to exercise the Royal prerogative of mercy on Her Majesty’s behalf under section 23(2); and any legal proceedings in relation to the refusal are to be brought or continued accordingly.

^I2526 Amendment of paragraph 11A of Schedule 2 to the Northern Ireland Act 1998 consequential on repeal of paragraph 14A of Schedule 3 to that Act¶

In paragraph 11A of Schedule 2 to the Northern Ireland Act 1998³⁵ (excepted matters: the Supreme Court) at the end insert “, but not rights of appeal to the Supreme Court or legal aid for appeals to the Supreme Court”.

^I2627 Repeals of earlier amendments of Schedule 3 to the Northern Ireland Act 1998¶

1 Paragraph 24(4) of Schedule 6 to the Police (Northern Ireland) Act 2000³⁶ (which amended paragraph 11 of Schedule 3 to the Northern Ireland Act 1998) is omitted.

2 The following provisions of the Justice (Northern Ireland) Act 2002³⁷ are omitted—

a section 83 (which inserted paragraphs 9(h), 9A and 15A into Schedule 3 to the 1998 Act);

b paragraph 65(3) of Schedule 12 (which amended paragraph 9 of Schedule 3 to the 1998 Act).

3 Section 58(3) of the Constitutional Reform Act 2005³⁸ (which inserted paragraph 14A into Schedule 3 to the 1998 Act) is omitted.

4 Paragraph 13(3) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006³⁹ (which inserted paragraph 11A into Schedule 3 to the 1998 Act) is omitted.

PART 4 General transitional provision¶

^I2728 This Order does not affect the validity of anything done before the coming into force of this Order.

^I2829

1 Paragraphs (2) and (3) apply in relation to a relevant function or any relevant property or liability.

2 Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to the relevant function or relevant property or liability, be continued by or in relation to the transferee.

3 Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with the relevant function or relevant property or liability shall have effect as if done by or in relation to the transferee so far as necessary or expedient for continuing its effect after the coming into force of this Order.

4 Where the thing done (or having effect as if done) by the transferor is the exercise of a relevant function by statutory instrument, paragraph (3) applies in relation to the exercise of the relevant function even though the relevant function is not exercisable by the transferee by statutory instrument.

5 Documents or forms printed for use in connection with a relevant function may be used in connection with the function even though they contain, or are to be construed as containing, references to the transferor; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the transferee.

^I2930 Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as necessary or expedient in consequence of or for giving full effect to—

a the transfer of a relevant function or any relevant property or liability, or

b article 28 or 29,

as if any references (including references which are to be construed as such references) to the transferor were or included references to the transferee.

^I3031

1 An instrument made before the coming into force of this Order is not to be subject (in whole or in part) to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954⁴⁰) despite any provision made by this Order.

2 If, immediately before the coming into force of this Order, the instrument is subject to annulment in pursuance of a resolution of either House of Parliament, the instrument is to continue to be so subject.

SCHEDULES

SCHEDULE 1 ¶

Enactments under which functions of Secretary of State are transferred to the Department of Justice

Article 4(1)

^I311 Administration of Justice Act (Northern Ireland) 1954⁴¹.

^I322 Section 2 of the Increase of Fines Act (Northern Ireland) 1967⁴².

^I333 Treatment of Offenders Act (Northern Ireland) 1968⁴³.

^I344 Treatment of Offenders (Northern Ireland) Order 1976⁴⁴.

^I355 Criminal Damage (Compensation) (Northern Ireland) Order 1977⁴⁵.

^I366 Rehabilitation of Offenders (Northern Ireland) Order 1978⁴⁶.

^I377 Criminal Justice (Northern Ireland) Order 1980⁴⁷.

^I388 Article 180C of the Road Traffic (Northern Ireland) Order 1981⁴⁸.

^I399 Article 15 of the Magistrates’ Courts (Northern Ireland) Order 1981⁴⁹.

^I4010 Fines and Penalties (Northern Ireland) Order 1984⁵⁰.

^I4111 Mental Health (Northern Ireland) Order 1986⁵¹.

^I4212 Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988⁵².

^I4313 The definition of “authorised place of detention” in Article 2(2) of the Criminal Evidence (Northern Ireland) Order 1988⁵³.

^I4414 Police and Criminal Evidence (Northern Ireland) Order 1989⁵⁴.

^I4515 Treatment of Offenders (Northern Ireland) Order 1989⁵⁵.

^I4616 Articles 13 and 17B of the Road Traffic (Northern Ireland) Order 1995⁵⁶.

^I4717 Schedules 1 and 2 to the Proceeds of Crime (Northern Ireland) Order 1996⁵⁷.

^I4818 Article 9 of the Road Traffic Offenders (Northern Ireland) Order 1996⁵⁸.

^I4919 Articles 49 and 60A(3) of the Licensing (Northern Ireland) Order 1996⁵⁹.

^I5020 Criminal Justice (Northern Ireland) Order 1996⁶⁰.

^I5121 Article 9(1)(c) of the Protection from Harassment (Northern Ireland) Order 1997⁶¹.

^I5222 Criminal Justice (Children) (Northern Ireland) Order 1998⁶², except for Articles 45 and 46.

^I5323 Criminal Justice (Northern Ireland) Order 1998⁶³.

^I5424 Criminal Evidence (Northern Ireland) Order 1999⁶⁴.

^I5525 Criminal Injuries Compensation (Northern Ireland) Order 2002⁶⁵, except functions transferred by virtue of paragraph 39 of Schedule 4 to the Northern Ireland Act 2009⁶⁶.

^I5626 Criminal Justice (Northern Ireland) Order 2003⁶⁷.

^I5727 Criminal Justice (Northern Ireland) Order 2004⁶⁸.

^I5828 Criminal Justice (Evidence) (Northern Ireland) Order 2004⁶⁹.

^I5929 Anti-social Behaviour (Northern Ireland) Order 2004⁷⁰.

^I6030 Criminal Justice (Northern Ireland) Order 2005⁷¹.

^I6131 Road Traffic (Northern Ireland) Order 2007⁷².

^I6232 Criminal Justice (Northern Ireland) Order 2008⁷³, except for Chapters 4 and 7 of Part 2.

^I6333 Sexual Offences (Northern Ireland) Order 2008⁷⁴.

SCHEDULE 2 ¶

Amendments of enactments specified in Schedule 1

Article 4(3)

Administration of Justice Act (Northern Ireland) 1954¶

^I641 Omit section 10 of the Administration of Justice Act (Northern Ireland) 1954⁷⁵.

Increase of Fines Act (Northern Ireland) 1967¶

^I652

1 Amend section 2 of the Increase of Fines Act (Northern Ireland) 1967⁷⁶ (power to make amendments as a result of the increase and variation of penalties under the Act) as follows.

2 In subsection (1) for “The Governor may, by Order in Council” substitute “The Department of Justice may by order”.

3 In subsection (1)(a) and (b) for “him” substitute “it”.

4 For subsection (2) substitute—

Treatment of Offenders Act (Northern Ireland) 1968¶

^I663

1 Amend the Treatment of Offenders Act (Northern Ireland) 1968⁷⁷ as follows.

2 Omit section 32 (financial provisions).

3 In section 32A(2) (rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Treatment of Offenders (Northern Ireland) Order 1976¶

^I674 In Article 18 of the Treatment of Offenders (Northern Ireland) Order 1976⁷⁸ (rules and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Damage (Compensation) (Northern Ireland) Order 1977¶

^I685

1 Amend the Criminal Damage (Compensation) (Northern Ireland) Order 1977⁷⁹ as follows.

2 Omit Article 20 (payments into Consolidated Fund).

3 In Article 21(4) (orders and regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Rehabilitation of Offenders (Northern Ireland) Order 1978¶

^I696

1 Amend the Rehabilitation of Offenders (Northern Ireland) Order 1978⁸⁰ as follows.

2 In Article 6 (rehabilitation periods for particular sentences)—

a in paragraph (1)(d) for “Secretary of State or the Governor” substitute “Minister in charge of the Department of Justice”;

b in paragraph (13) for “resolution of, each House of Parliament” substitute “a resolution of, the Assembly”.

3 In Article 11 (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 1980¶

^I707

1 Amend Article 11 of the Criminal Justice (Northern Ireland) Order 1980⁸¹ (medical practitioners for post-mortem examinations) as follows.

2 In paragraph (2) for “Minister for the Civil Service” substitute “Department of Finance and Personnel”.

3 In paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Road Traffic (Northern Ireland) Order 1981¶

^I718

1 Amend the Road Traffic (Northern Ireland) Order 1981⁸² as follows.

2 In Article 180C(4) (retention etc. of vehicles seized under Article 180B) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Fines and Penalties (Northern Ireland) Order 1984¶

^I729

1 Amend the Fines and Penalties (Northern Ireland) Order 1984⁸³ as follows.

2 In Article 17(6)(a) (power to alter sums specified in certain provisions) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Mental Health (Northern Ireland) Order 1986¶

^I7310

1 Amend the Mental Health (Northern Ireland) Order 1986⁸⁴ as follows.

2 For paragraph 1(4) of Schedule 2A (supervision and treatment orders) substitute—

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988¶

^I7411

1 Amend the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988⁸⁵ as follows.

2 In Article 4(8) (notices of transfer) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Evidence (Northern Ireland) Order 1988¶

^I7512

1 Amend the Criminal Evidence (Northern Ireland) Order 1988⁸⁶ as follows.

2 In Article 2(2) (interpretation and savings), in the definition of “authorised place of detention”, for the words from “annulment” to “accordingly” substitute “negative resolution”.

Police and Criminal Evidence (Northern Ireland) Order 1989¶

^I7613

1 Amend the Police and Criminal Evidence (Northern Ireland) Order 1989⁸⁷ as follows.

2 In Article 66 (codes of practice)—

a in paragraph (3) for “both Houses of Parliament” substitute “the Assembly”;

b in paragraph (4) for “Parliament” substitute “the Assembly”.

3 In Article 89 (orders and regulations) make the existing text paragraph (1).

4 In paragraph (1) for the words from “Articles” to “46A” substitute “Article 85(1)”.

5 After paragraph (1) insert—

Road Traffic (Northern Ireland) Order 1995¶

^I7714

1 Amend the Road Traffic (Northern Ireland) Order 1995⁸⁸ as follows.

2 In Article 13(2B) (interpretation: orders designating health care professions) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Proceeds of Crime (Northern Ireland) Order 1996¶

^I7815

1 Amend the Proceeds of Crime (Northern Ireland) Order 1996⁸⁹ as follows.

2 In Article 56 (regulations extending certain offences to Crown servants)—

a in paragraph (1) for “Secretary of State” substitute “appropriate authority”;

b in paragraph (5), at the appropriate place, insert—

;

c in paragraph (5), in the definition of “prescribed”, for “Secretary of State” substitute “appropriate authority”;

d after paragraph (5) insert—

;

e in paragraph (6) after “Regulations” insert “made by the Secretary of State”.

3 In paragraph 2 of Part 2 of Schedule 1 (orders varying list of offences) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4 In paragraph 8(3) of Schedule 2 (financial investigations: code of practice)—

a for “both Houses of Parliament” substitute “the Assembly”;

b for “code before both Houses” substitute “code before the Assembly”.

5 In paragraph 9 of Schedule 2 (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Road Traffic Offenders (Northern Ireland) Order 1996¶

^I7916

1 Amend Article 9 of the Road Traffic Offenders (Northern Ireland) Order 1996⁹⁰ (power to join in indictment counts for certain summary offences) as follows.

2 In paragraph (6) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Licensing (Northern Ireland) Order 1996¶

^I8017 In Article 84(b) of the Licensing (Northern Ireland) Order 1996⁹¹ (exemptions and savings) after “the authority of” insert “the Department of Justice,”.

Criminal Justice (Northern Ireland) Order 1996¶

^I8118

1 Amend the Criminal Justice (Northern Ireland) Order 1996⁹² as follows.

2 In Article 57 (rules and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Children) (Northern Ireland) Order 1998¶

^I8219

1 Amend the Criminal Justice (Children) (Northern Ireland) Order 1998⁹³ as follows.

2 In Article 3B(3) (youth conference rules) for the words from “annulment” to “such rules” substitute “negative resolution”.

3 In Article 3C(9) (youth conference plans) for the words from “annulment” to “such rules” substitute “negative resolution”.

4 In Article 33A(11) (court-ordered youth conferences) for the words from “annulment” to “such an order” substitute “negative resolution”.

5 In Article 36C(7) (requirements of reparation orders) for the words from “annulment” to “such rules” substitute “negative resolution”.

6 In Article 36E(10) (community responsibility orders) for the words from “annulment” to “such an order” substitute “negative resolution”.

7 In Article 36H(3) (rules relating to community responsibility orders) for the words from “annulment” to “such rules” substitute “negative resolution”.

8 In Article 36L(3) (monitoring compliance with youth conference orders) for the words from “annulment” to “such rules” substitute “negative resolution”.

9 In Article 40(5) (supervision under a juvenile justice centre order) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 1998¶

^I8320 In Article 8(7) of the Criminal Justice (Northern Ireland) Order 1998⁹⁴ (drug treatment and testing orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Evidence (Northern Ireland) Order 1999¶

^I8421

1 Amend the Criminal Evidence (Northern Ireland) Order 1999⁹⁵ as follows.

2 In Article 38(1) (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Injuries Compensation (Northern Ireland) Order 2002¶

^I8522

1 Amend the Criminal Injuries Compensation (Northern Ireland) Order 2002⁹⁶ as follows.

2 In Article 3 (duty to make arrangements for payment of compensation etc)—

a in paragraph (1) for the words from “Secretary” to “Parliament” substitute “Department of Justice shall make arrangements for the payment by it”;

b in paragraph (7) for “each House of Parliament” substitute “the Assembly”.

3 In Article 8 (reports, accounts and financial records)—

a in paragraph (3) for “each House of Parliament” substitute “the Assembly”;

b in paragraph (5) after “General” insert “for Northern Ireland”;

c in paragraph (6)—

i after “General” insert “for Northern Ireland”;

ii in sub-paragraph (b) for “each House of Parliament” substitute “the Assembly”.

4 Nothing in this Order affects the application of Article 8(4) to (6) of the 2002 Order, or any provision included in the Northern Ireland Criminal Injuries Compensation Scheme by virtue of Article 8(4), in relation to any financial year ending before the coming into force of this Order.

5 In Article 9 (approval of the Northern Ireland Criminal Injuries Compensation Scheme)—

a in paragraph (1) for “Parliament” substitute “the Assembly”;

b in paragraph (2) for “each House” substitute “the Assembly”.

6 In Article 10 (alterations to the Scheme)—

a in paragraphs (1), (2), (3) and (4)(b) for “Parliament” substitute “the Assembly”;

b in paragraph (2) for “each House” substitute “the Assembly”;

c in paragraph (4)—

i for “either House of Parliament” substitute “the Assembly”;

ii for “that House” substitute “the Assembly”;

iii for “period of 40 days beginning with”, where it first occurs, substitute “statutory period next after”;

iv in sub-paragraph (b) for “period of 40 days” substitute “statutory period”;

d omit paragraph (5).

7 Omit Article 13(4) (financial provisions).

Criminal Justice (Northern Ireland) Order 2003¶

^I8623

1 Amend the Criminal Justice (Northern Ireland) Order 2003⁹⁷ as follows.

2 In Article 17(1) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 2004¶

^I8724

1 Amend the Criminal Justice (Northern Ireland) Order 2004⁹⁸ as follows.

2 In Article 34(2) (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Evidence) (Northern Ireland) Order 2004¶

^I8825

1 Amend the Criminal Justice (Evidence) (Northern Ireland) Order 2004⁹⁹ as follows.

2 In Article 45(2) (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Anti-social Behaviour (Northern Ireland) Order 2004¶

^I8926

1 Amend the Anti-social Behaviour (Northern Ireland) Order 2004¹⁰⁰ as follows.

2 In Article 2(4C) (interpretation) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 2005¶

^I9027

1 Amend the Criminal Justice (Northern Ireland) Order 2005¹⁰¹ as follows.

2 In Article 25(7) (information for victims of crime) for the words from “each” to “accordingly” substitute “the Assembly, be subject to negative resolution”.

Road Traffic (Northern Ireland) Order 2007¶

^I9128

1 Amend the Road Traffic (Northern Ireland) Order 2007¹⁰² as follows.

2 In Article 80(5) (funding for automatic number plate recognition) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Sexual Offences (Northern Ireland) Order 2008¶

^I9229

1 Amend the Sexual Offences (Northern Ireland) Order 2008¹⁰³ as follows.

2 In Article 80 (orders)—

a omit paragraph (1);

b for paragraph (2) substitute—

SCHEDULE 3 ¶

Amendments relating to policing

Article 5

Public Order (Northern Ireland) Order 1987¶

^I931 Amend the Public Order (Northern Ireland) Order 1987¹⁰⁴ as follows.

^I942

1 Amend Article 5 (prohibiting open-air public meetings) as follows.

2 In paragraph (1)—

a for “Secretary of State” substitute “Department of Justice”;

b for “him” and “he” substitute “the Department of Justice”;

c in sub-paragraph (b)(iii) omit “or military forces”.

3 After paragraph (1) insert—

4 In paragraph (1A) after “An order” insert “made by the Department of Justice or the Secretary of State”.

5 In paragraph (3) for “Secretary of State under paragraph (1) as to” substitute “Department of Justice or the Secretary of State under this Article as to its or”.

6 In paragraph (4) after “(1)” insert “or (1ZA)”.

^I953 In Article 21(2) (wearing of uniform in public) for “Secretary of State” substitute “Department of Justice”.

^I964 In Article 23C (regulations about retention and disposal of things seized under Articles 23A and 23B)—

a in paragraphs (1) and (2) for “Secretary of State” substitute “Department of Justice”;

b in paragraph (3) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Police Act 1996¶

^F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police (Northern Ireland) Act 1998¶

^I978 Amend the Police (Northern Ireland) Act 1998¹⁰⁵ as follows.

^I989 In section 25¹⁰⁶ (regulations for PSNI) in subsections (1), (2)(i), (5)(a), (7) and (8) for “Secretary of State” substitute “Department of Justice”.

^I9910 In section 26¹⁰⁷ (regulations for PSNI Reserve) in subsections (1), (5)(a) and (6) for “Secretary of State” substitute “Department of Justice”.

^I10011 In section 27(1)(a)¹⁰⁸ (members of PSNI engaged on other police service) for “Secretary of State” substitute “Department of Justice”.

^I10112 In section 28¹⁰⁹ (the Police Fund) in subsections (1) and (2) for “Secretary of State” substitute “Department of Justice”.

^I10213 In section 29¹¹⁰ (liability for wrongful acts of constables)—

a in subsection (7)(c) for “Secretary of State” substitute “Department of Justice”; and

b omit subsection (8).

^I10314 In section 31(4) (regulations for disposal of property which has come into the possession of the police) for “Secretary of State” substitute “Department of Justice”.

^I10415 In section 32(5) (Police Association for Northern Ireland)—

a for “Secretary of State” substitute “Department of Justice”; and

b for “he” substitute “the Department of Justice”.

^I10516 In section 33¹¹¹ (regulations for Police Association), in subsections (1), (2)(c) and (d) and (3) for “Secretary of State” substitute “Department of Justice”.

^I10617 Omit section 34(1) (amendment relating to the Police Negotiating Board for the United Kingdom).

^I10718 In section 35(4) (membership of trade unions) for “Secretary of State” substitute “Department of Justice”.

^I10819 In the heading to Part 5 (functions of Secretary of State) after “Secretary of State” insert “and Department of Justice”.

^I10920 In section 40¹¹² (power to require use by police of specified facilities, equipment or services)—

a in subsection (1)—

i for “Secretary of State” substitute “Department of Justice”, and

ii for “he” substitute “the Department of Justice”; and

b in subsection (2) for “Secretary of State” substitute “Department of Justice”.

^I11021 In section 41¹¹³ (appointment of inspectors of constabulary)—

a in subsection (1)—

i for “Secretary of State” substitute “Department of Justice”, and

ii for “he” substitute “the Department of Justice”;

b in subsections (2), (4) and (5) for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

c in subsections (3A) and (3B) for “Secretary of State” substitute “appropriate authority”;

d after subsection (3B) insert—

^I11122 After section 41 insert—

41A Powers of Secretary of State in relation to reports and other duties of inspectors of constabulary

1 For the purposes of subsections (2) to (8) information is “protected information” if the inclusion of the information in a report of the inspectors under section 41 would be against the interests of national security.

2 If it appears to the Secretary of State that—

a the inspectors are required to prepare a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)), and

b the report might contain (or once completed might contain) protected information,

the Secretary of State may require the inspectors to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).

3 The Secretary of State must, within—

a the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or

b such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.

4 If—

a it appears to the inspectors that a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)) might contain protected information, and

b the inspectors have not been required to refer the report to the Secretary of State under subsection (2),

the inspectors must refer the report to the Secretary of State.

5 The Secretary of State must, within—

a the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or

b such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.

6 Where the Secretary of State has required that a report be referred to the Secretary of State under subsection (2), or the inspectors are required under subsection (4) to refer a report to the Secretary of State, the inspectors must not disclose the report to anyone apart from the Secretary of State, except—

a in accordance with subsection (7),

b after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

c after the period mentioned in subsection (3) or (5) has expired without any notification being given by the Secretary of State.

7 Where the Secretary of State notifies the inspectors under subsection (3) or (5) that, in the opinion of the Secretary of State, a report contains protected information—

a the Secretary of State may direct the inspectors to exclude from the report any information that, in the opinion of the Secretary of State, is protected information,

b the inspectors must exclude that information from the report,

c the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a), and

d the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

8 When the inspectors provide to anyone a report from which information has been excluded under subsection (7), they must at the same time provide the report to the Secretary of State.

9 For the purposes of subsections (10) to (14) information is “protected information” if it is information that, in the interests of national security, ought not to be disclosed by the inspectors.

10 If it appears to the Secretary of State that any requirement imposed on the inspectors by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, the Secretary of State may require the inspectors to refer the matter to the Secretary of State.

11 If it appears to the inspectors that any requirement imposed on them by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, they must refer the matter to the Secretary of State.

12 The Secretary of State must, within—

a the period of 30 days after the date on which the inspectors refer a matter to the Secretary of State under subsection (10) or (11), or

b such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the inspectors whether, in the opinion of the Secretary of State, the information in question is or includes protected information.

13 Where the inspectors are required under subsection (10) or (11) to refer a matter to the Secretary of State, they must not disclose the information in question to anyone apart from the Secretary of State, except—

a in accordance with subsection (14),

b after being notified by the Secretary of State that, in the opinion of the Secretary of State, the information in question is not or does not include protected information, or

c after the period mentioned in subsection (12) has expired without any notification being given by the Secretary of State.

14 Where the Secretary of State notifies the inspectors under subsection (12) that, in the opinion of the Secretary of State, the information in question is or includes protected information—

a the Secretary of State may set aside or modify the requirement imposed by the Department of Justice as the Secretary of State thinks appropriate so that the inspectors are not required to disclose any information that, in the opinion of the Secretary of State, is protected information;

b the inspectors must proceed accordingly;

c the Secretary of State must inform the Department of Justice that the Secretary of State has taken action under paragraph (a); and

d the Secretary of State must lay before Parliament a statement that the Secretary of State has taken action under paragraph (a).

^I11223 In section 42¹¹⁵ (publication of reports of inspectors of constabulary)—

a in subsection (1)—

i for “Secretary of State” substitute “Department of Justice”, and

ii for “him” (in both places) substitute “it”;

b in subsection (2)—

i for “Secretary of State” substitute “Department of Justice”,

ii for “his” substitute “its”, and

iii omit “against the interests of national security or”;

c in subsection (3) for “Secretary of State” substitute “Department of Justice”;

d in subsection (6) for “Secretary of State” substitute “Department of Justice”;

e after subsection (6) insert—

^I11324 In section 43 (criminal statistics)—

a in subsection (1) for “Secretary of State” (wherever occurring) substitute “Department of Justice”; and

b in subsection (2)—

i for “Secretary of State” substitute “Department of Justice”,

ii for “him” substitute “it”, and

iii for “he” substitute “it”.

^I11425 In section 45¹¹⁶ (research and advice)—

a in subsection (1)—

i for “Secretary of State” substitute “Department of Justice”, and

ii for “him” substitute “the Department of Justice”; and

b in subsection (2)—

i for “Secretary of State” substitute “Department of Justice”, and

ii for “him” (in both places) substitute “the Department of Justice”.

^I11526

1 In section 46¹¹⁷ (expenditure by Secretary of State for police purposes)—

a for “Secretary of State” substitute “Department of Justice”, and

b for “he” substitute “the Department of Justice”.

2 In the heading for section 46 for “Secretary of State” substitute “Department of Justice”.

^I11627 In section 52¹¹⁸ (receipt and initial classification of complaints) in subsections (1)(b), (6) and (7) for “Secretary of State” substitute “Department of Justice”.

^I11728

1 Amend section 55¹¹⁹ (consideration of other matters by Police Ombudsman) as follows.

2 In subsections (1) and (7) after “Board” (wherever occurring) insert “, the Department of Justice”.

3 After subsection (1) insert—

^I11829 In section 56(2) (power to make provision in relation to investigations by the Police Ombudsman) for “Secretary of State” substitute “Department of Justice”.

^I11930

1 Amend section 60¹²¹ (constabularies not maintained by the Policing Board) as follows.

2 In subsections (1), (2), (3) and (4) for “Secretary of State” substitute “Department of Justice”.

3 After subsection (6) insert—

^I12031 In section 60A¹²² (investigations into current police practices and policies)—

a in subsection (3) for “Secretary of State” substitute “Department of Justice”;

b after subsection (3) insert—

; and

c after subsection (5) insert—

^I12132

1 Amend section 61¹²³ (reports by Ombudsman) as follows.

2 In subsections (1) and (2)—

a for “Secretary of State” (wherever occurring) substitute “appropriate authority”;

b for “Secretary of State’s” substitute “appropriate authority’s”.

3 After subsection (2) insert—

4 In subsections (3) and (4) for “Secretary of State” substitute “Department of Justice”.

5 After subsection (5) insert—

^I12233

1 Amend section 63¹²⁵ (restriction on disclosure of information) as follows.

2 In subsection (1) for paragraph (b) substitute—

3 After subsection (3) insert—

4 In relation to information supplied to the Ombudsman before the coming into force of this Order, section 63(4)(b) (as inserted by sub-paragraph (3) above) has effect as if the reference to section 66(3)(b) of the 2000 Act were a reference to section 66(3)(b) before its substitution by paragraph 77(2) below.

^I12334

1 Amend section 64¹²⁷ (regulations) as follows.

2 In subsections (1), (2), (2A), (3) and (4) for “Secretary of State” substitute “Department of Justice”.

3 Omit subsection (2A)(d).

^I12435 After section 64 insert—

64A Secretary of State’s power to make regulations

1 The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with—

a excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998¹²⁸);

b matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

2 The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of—

a the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000¹²⁹, or

b a person appointed under Part 4 of that Act,

the Ombudsman shall not investigate it.

3 Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.

4 Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c).

5 Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.

^I12536 In section 65¹³⁰ (guidance concerning discipline, complaints, etc.)—

a in subsections (1), (4) and (5) for “Secretary of State” substitute “Department of Justice”;

b after subsection (5) insert—

^I12637 In section 66¹³¹ (assaults on constables)—

a in subsection (6)(c) for “Secretary of State” substitute “Department of Justice”; and

b omit subsection (7).

^I12738

1 Amend section 72¹³² (orders and regulations) as follows.

2 In subsection (1) before “the Secretary of State” insert “the Department of Justice or”.

3 In subsection (2) after “appear to” insert “the Department of Justice or (as the case may be)”.

4 In subsection (2A) for “Treasury” substitute “Department of Finance and Personnel”.

5 In subsection (4)—

a for “A statutory rule” substitute “An order or regulations”;

b omit “one containing”;

c for the words from “shall be” to “accordingly” substitute—

^I12839

1 Amend Schedule 3¹³⁵ (the Police Ombudsman for Northern Ireland) as follows.

2 In paragraph 1 (the Ombudsman)—

a in sub-paragraph (1) after “Her Majesty” insert “on the recommendation of the First Minister and deputy First Minister acting jointly”;

b in sub-paragraphs (7), (8) and (9) for “Secretary of State” (wherever occurring) substitute “First Minister and deputy First Minister acting jointly”; and

c in sub-paragraph (8) for “him” substitute “them”.

3 In paragraphs 2 (remuneration) and 3 (staff) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

4 In paragraph 2(1) for “he” substitute “the Department of Justice”.

5 In paragraph 3 (staff)—

a after sub-paragraph (2) insert—

2A Employment by the Ombudsman shall be included among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972¹³⁶ can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

2B Where a person who is employed by the Ombudsman and is by reference to that employment a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 is appointed to the office of Ombudsman, the Department of Finance and Personnel may determine that his service in that office may be treated for the purposes of the scheme as service as an employee of the Ombudsman; and his rights under the scheme shall not be affected by paragraph 2(1).

; and

b omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972¹³⁷ has effect accordingly).

6 In paragraph 6 (assistance from Chief Constable)—

a in sub-paragraph (2)—

i for “Secretary of State” substitute “Department of Justice”; and

ii for “he” substitute “the Department of Justice”; and

b in sub-paragraphs (3) and (4) for “Secretary of State” substitute “Department of Justice”.

7 In paragraph 11 (expenses) for “Secretary of State” (in both places) substitute “Department of Justice”.

8 In paragraph 12 (accounts and statements)—

a in sub-paragraph (1)(b) and (c) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (1)(c) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c in sub-paragraph (2) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

d in sub-paragraph (2) for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

e after sub-paragraph (2) insert—

9 Sub-paragraph (5)(b) above does not affect the position of any person under the Superannuation Act 1972¹³⁹ in relation to the person’s employment by the Ombudsman, or the person’s service as the Ombudsman, before the coming into force of this Order.

10 Sub-paragraph (11) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of paragraph 3(3) or (4) of Schedule 3 to the Police (Northern Ireland) Act 1998¹⁴⁰, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

11 In relation to the person’s employment by the Ombudsman, or (as the case may be) service as the Ombudsman, after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972¹⁴¹; and the person’s terms and conditions of service have effect accordingly.

12 Sub-paragraph (8) above does not apply in relation to a financial year ending before the coming into force of this Order.

Police (Northern Ireland) Act 2000¶

^I12940 Amend the Police (Northern Ireland) Act 2000¹⁴² as follows.

^I13041 In section 3(4)(c) (Policing Board to have regard to code of practice) for “Secretary of State” substitute “Department of Justice”.

^I13142 In section 4¹⁴³ (police support staff)—

a in subsections (2)(a) and (b), (3), (3B) and (7) for “Secretary of State” substitute “Department of Justice”;

b in subsection (3B)(d) for “him” substitute “the Department of Justice”.

^I13243 In section 5 (power to transfer certain staff to employment of Policing Board) in subsections (1) and (5) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

^I13344 In section 7 (acquisition and disposal of land by Policing Board)—

a in subsection (3) for “Secretary of State” (in both places) substitute “Department of Justice”; and

b in subsection (4)(b) for “Secretary of State” substitute “Department of Justice”.

^I13445 In section 8(3) (consent to Policing Board providing advice and assistance to international organisations)—

a for “Secretary of State” substitute “Department of Justice”;

b for “him” substitute “the Department of Justice”.

^I13546 In section 9¹⁴⁴ (grants to, and borrowing by, the Policing Board)—

a in subsections (1), (2) and (5), and

b in subsection (7) (in both places),

for “Secretary of State” substitute “Department of Justice”.

^I13647 In section 10¹⁴⁵ (funding for police purposes – ancillary provisions)—

a in subsections (1), (1A) and (4) for “Secretary of State” (wherever occurring) substitute “Department of Justice”; and

b in subsection (1A) for “he” substitute “the Department of Justice”.

^I13748

1 In section 12¹⁴⁶ (accounts and audit)—

a in subsections (3) and (4) for “Secretary of State” substitute “Department of Justice”;

b in subsection (5)—

i for “Secretary of State” (in both places) substitute “Department of Justice”;

ii for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c in subsection (6)—

i for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

ii for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

d after subsection (6) insert—

2 Sub-paragraph (1) above does not apply in relation to a financial year ending before the coming into force of this Order.

^I13849

1 Amend section 15 (default of council) as follows.

2 In subsection (1)—

a for “Secretary of State” substitute “Department of Justice”; and

b for “he” substitute “the Department of Justice”.

3 In subsection (2)—

a for “Secretary of State” substitute “Department of Justice”; and

b for “him” substitute “the Department of Justice”.

^I13950

1 Amend section 15A¹⁴⁸ (default of council: Belfast sub-groups) as follows.

2 In subsection (1)—

a for “Secretary of State” substitute “Department of Justice”; and

b for “he” substitute “the Department of Justice”.

3 In subsection (2)—

a for “Secretary of State” substitute “Department of Justice”; and

b for “him” substitute “the Department of Justice”.

^I14051 In section 19(2) (agreement of Secretary of State to Board issuing code of practice for district policing partnerships) for “Secretary of State” substitute “Department of Justice”.

^I14152

1 In section 24¹⁴⁹ (Secretary of State’s long term policing objectives)—

a in subsections (1), (2), (2A) (in both places) and (3) for “Secretary of State” substitute “Department of Justice”;

b in subsection (3) for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

c after subsection (3) insert—

2 In the heading to section 24 for “Secretary of State’s” substitute “Department of Justice’s”.

^I14253 In section 26 (Policing Board’s policing plan) in subsections (2)(b), (3) and (6) for “Secretary of State” substitute “Department of Justice”.

^I14354 In section 27¹⁵¹ (codes of practice on exercise of functions by Policing Board and Chief Constable)—

a in subsections (1), (2) and (2A) (in both places) for “Secretary of State” substitute “Department of Justice”; and

b in subsection (3)—

i for “Secretary of State” substitute “Department of Justice”; and

ii for “he” substitute “the Department of Justice”.

^I14455 In section 28(6)¹⁵² (consultation on performance plan and performance summary) for “Secretary of State” substitute “Department of Justice”.

^I14556

1 In section 29¹⁵³ (audit of performance plans and performance summaries)—

a in subsection (1) after “General” insert “for Northern Ireland”;

b for subsection (3) substitute—

;

c in subsection (4)—

i after “General” insert “for Northern Ireland”; and

ii for “Secretary of State” substitute “Department of Justice”;

d in subsection (4A)—

i after “General” insert “for Northern Ireland”; and

ii for “Secretary of State” substitute “Department of Justice”;

e in subsection (5)—

i after “General” insert “for Northern Ireland”; and

ii for “Secretary of State” substitute “Department of Justice”;

f in subsection (6) after “General” insert “for Northern Ireland”; and

g in subsection (10)—

i for “Secretary of State” substitute “Department of Justice”; and

ii after “General” insert “for Northern Ireland”.

2 Sub-paragraph (1) above does not apply in relation to a performance plan or a performance summary for a financial year ending before the coming into force of this Order.

^I14657

1 Amend section 30 (examinations of the Policing Board’s compliance with section 28) as follows.

2 In subsection (1) after “General” insert “for Northern Ireland”.

3 In subsection (2)—

a for “Secretary of State” substitute “Department of Justice”; and

b after “General” (in each place) insert “for Northern Ireland”.

4 In subsection (3)—

a for “Secretary of State” substitute “Department of Justice”; and

b after “General” insert “for Northern Ireland”.

5 For subsection (4) substitute—

6 In subsection (5) after “General” insert “for Northern Ireland”.

7 In subsection (6)—

a in paragraph (a) after “General” insert “for Northern Ireland”; and

b in paragraph (b) for “Secretary of State” substitute “Department of Justice”.

8 In subsection (7)—

a after “General” insert “for Northern Ireland”; and

b for “Secretary of State” substitute “Department of Justice”.

9 In subsection (8)—

a after “General” insert “for Northern Ireland”;

b for “each House of Parliament” substitute “the Northern Ireland Assembly”.

10 After subsection (8) insert—

^I14758

1 In section 31¹⁵⁷ (enforcement of duties under section 28)—

a in subsection (1)—

i for “Secretary of State” substitute “Department of Justice”; and

ii for “he” substitute “it”;

b in subsection (2)—

i for “Secretary of State” substitute “Department of Justice”; and

ii for “he” (in both places) substitute “the Department of Justice”;

c in subsection (3) for “Secretary of State” substitute “Department of Justice”; and

d in subsection (4) for “Secretary of State” substitute “Department of Justice”.

2 Sub-paragraph (1) above does not apply in the case of a report under section 29(4) or (4A) relating to a performance plan or a performance summary mentioned in paragraph 56(2) above.

^I14859

1 Amend section 33A¹⁵⁸ (provision of information to Policing Board) as follows.

2 For subsections (3) and (4) substitute—

3 Subsection (4) applies if the Chief Constable supplies the Board with information which, in his opinion, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

4 The Chief Constable—

a must inform the Secretary of State that the information has been supplied to the Board, and

b must inform the Secretary of State and the Board that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

5 Subsection (6) applies if the Chief Constable supplies the Board with information which, in his opinion, is—

a information the disclosure of which would be likely to put an individual in danger, or

b information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

6 The Chief Constable—

a must inform the Minister of Justice that the information has been supplied to the Board, and

b must inform the Minister of Justice and the Board that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (5).

^I14960 In section 34(2) (deputy Chief Constable) for “Secretary of State” substitute “Department of Justice”.

^I15061 In section 35 (appointment and removal of senior officers)—

a in subsection (1) for “Secretary of State” substitute “Minister of Justice”;

b in subsection (2) for “Secretary of State” substitute “Minister of Justice”;

c in subsection (3)(a) and (b) for “Secretary of State” substitute “Minister of Justice”;

d in subsection (4) for “Secretary of State” substitute “Minister of Justice”;

e in subsection (7) for “Secretary of State” substitute “Department of Justice”; and

f in subsection (8)(a) for “Secretary of State” substitute “Minister of Justice”.

^I15162 In section 36A¹⁵⁹ (fixed-term appointments)—

a in subsection (4)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “he” substitute “it”; and

b in subsection (5) for “Secretary of State” substitute “Department of Justice”.

^I15263 In section 41¹⁶⁰ (status etc. of trainees)—

a in subsection (3) for “Secretary of State” substitute “Department of Justice”;

b in subsection (5)(a) for “Secretary of State” substitute “Department of Justice”; and

c in subsection (6) for “Secretary of State” substitute “Department of Justice”.

^I15364 In section 42(2) (police cadets) for “Secretary of State” substitute “Department of Justice”.

^I15465 In section 43 (contracting-out of certain recruitment functions of Chief Constable)—

a in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b in subsection (2) for “Secretary of State” substitute “Department of Justice”; and

c in subsection (3)(b) for “Secretary of State” substitute “Department of Justice”.

^I15566 In section 44¹⁶¹ (recruitment arrangements: trainees and support staff)—

a in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b in subsection (2) for “Secretary of State” substitute “Department of Justice”; and

c in subsection (4) for “Secretary of State” substitute “Department of Justice”.

^I15667 In section 48(4)(c) (action plans) for “Secretary of State” substitute “Department of Justice”.

^I15768 In section 51(3)(b) (notifiable memberships) for “Secretary of State” substitute “Department of Justice”.

^I15869 In section 52¹⁶² (code of ethics)—

a in subsection (5)(b) for “Secretary of State” substitute “Department of Justice”; and

b in subsection (10) for “Secretary of State” substitute “Department of Justice”.

^I15970 In section 53 (guidance as to use of equipment for maintaining or restoring public order)—

a in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b in subsection (2) for “Secretary of State” substitute “Department of Justice”; and

c in subsection (3)—

i for “Secretary of State” substitute “Department of Justice”, and

ii for “he” substitute “it”.

^I16071 In section 54 (regulations as to emblems and flags)—

a in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b in subsection (2) for “Secretary of State” substitute “Department of Justice”;

c in subsection (3) for “Secretary of State” substitute “Department of Justice”; and

d in subsection (3)(d) for “him” substitute “the Department of Justice”.

^I16172 In section 57¹⁶³ (annual and other reports by the Policing Board)—

a in subsection (3)(b) for “Secretary of State” substitute “Department of Justice”;

b in subsection (4) for “Secretary of State” (in each place) substitute “Department of Justice”;

c in subsection (5)(b) for “Secretary of State” substitute “Department of Justice”; and

d in subsection (6)—

i for “Secretary of State” substitute “Department of Justice”; and

ii for “him” substitute “the Department of Justice”.

^I16273 In section 58 (annual report by Chief Constable to Policing Board)—

a in subsection (3) for “Secretary of State” substitute “Department of Justice”;

b in subsection (4)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

iii for “him” substitute “the Department of Justice”; and

c after subsection (4) insert—

^I16374

1 Amend section 59¹⁶⁵ (general duty of Chief Constable to report to Policing Board) as follows.

2 In subsection (3) for “any of the grounds mentioned in section 76A(1)” substitute “the ground mentioned in section 76A(1)(a)”.

3 After subsection (3) insert—

4 For subsection (4) substitute—

5 In subsection (4A)(a) for “information which, in the opinion of the Secretary of State, ought not to be disclosed on any of the grounds mentioned in section 76A(1)” substitute—

6 In subsection (4B)(b) after “subsection (3)” insert “or to the Minister of Justice under subsection (3A)”.

7 For subsections (4H) and (4I) substitute—

4H Subsection (4I) applies if—

a the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a), or

b the Chief Constable includes information in a report to the Board and is of the opinion that the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

4I The Chief Constable must—

a inform the Secretary of State that the information has been included in a report to the Board or supplied to the committee; and

b inform the Secretary of State and the recipient of the information that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

4J Subsection (4K) applies if—

a the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is—

i information the disclosure of which would be likely to put an individual in danger, or

ii information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c), or

b the Chief Constable includes information in a report to the Board and is of the opinion that the information is—

i information the disclosure of which would be likely to put an individual in danger, or

ii information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

4K The Chief Constable must—

a inform the Minister of Justice that the information has been included in a report to the Board or supplied to the committee; and

b inform the Minister of Justice and the recipient of the information that, in his opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (a) or (b) of subsection (4J).

^I16475

1 Amend section 60¹⁶⁶ (inquiry by Policing Board following report by Chief Constable) as follows.

2 In subsection (2)—

a in paragraph (a) for “Secretary of State” substitute “Minister of Justice”;

b in paragraph (b) for “Secretary of State” substitute “Minister of Justice”.

3 After subsection (2) insert—

4 In subsections (3) and (5) for “any of the grounds mentioned in section 76A(2)” substitute “the ground mentioned in section 76A(2)(a)”.

5 After subsection (5) insert—

6 In subsection (7) for “Secretary of State” substitute “Minister of Justice”.

7 In subsection (8)(a) after “General” insert “for Northern Ireland”.

8 In subsection (9) for “Secretary of State” substitute “Minister of Justice”.

9 For subsections (10A) and (10B) substitute—

10A Subsection (10B) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

10B The Chief Constable must—

a inform the Secretary of State and the Board that the information has been supplied to the person conducting the inquiry; and

b inform the Secretary of State, the Board and the person conducting the inquiry that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

10C Subsection (10D) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is—

a information the disclosure of which would be likely to put an individual in danger, or

b information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

10D The Chief Constable must—

a inform the Minister of Justice and the Board that the information has been supplied to the person conducting the inquiry; and

b inform the Minister of Justice, the Board and the person conducting the inquiry that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (10C).

10 In subsection (16) for paragraph (c) and the “and” before it substitute—

^I16576

1 Amend section 61 (reports by Chief Constable to Secretary of State) as follows.

2 In subsections (1), (2) and (3) for “Secretary of State” (wherever occurring) substitute “appropriate authority”.

3 After subsection (1) insert—

4 After subsection (3) insert—

4 If it appears to the Chief Constable that a report that the Chief Constable is required to submit under subsection (1) to the Minister of Justice may contain information which, in the opinion of the Chief Constable, ought not to be disclosed on the ground mentioned in section 76A(1)(a), the Chief Constable may refer the report to the Secretary of State.

5 If it appears to the Secretary of State that—

a the Chief Constable is required to submit a report under subsection (1) to the Minister of Justice, and

b the report may contain (or once completed may contain) information which ought not to be disclosed on the ground mentioned in section 76A(1)(a),

the Secretary of State may require the Chief Constable to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once completed).

6 The Secretary of State must, within—

a the period of 30 days from the date on which a report is referred to the Secretary of State under subsection (4) or (5), or

b such longer period as may be agreed between the Secretary of State and the Minister of Justice,

notify the Chief Constable whether, in the opinion of the Secretary of State, the report contains any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

7 Where the Chief Constable has referred a report to the Secretary of State under subsection (4) or the Secretary of State has required that a report be referred to the Secretary of State under subsection (5), the Chief Constable must not disclose the report to anyone apart from the Secretary of State, except—

a in accordance with subsection (8), or

b after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

8 Where the Secretary of State notifies the Chief Constable under subsection (6) that, in the opinion of the Secretary of State, a report contains information which ought not to be disclosed on the ground mentioned in section 76A(1)(a)—

a the Secretary of State may direct the Chief Constable to exclude from the report any information which, in the opinion of the Secretary of State, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a);

b the Chief Constable must exclude that information from the report;

c the Secretary of State must inform the Minister of Justice that the Secretary of State has given a direction under paragraph (a); and

d the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

9 When the Chief Constable submits a report to the Minister of Justice from which information has been excluded under subsection (8), the Chief Constable must at the same time provide the report to the Secretary of State.

10 In determining for the purposes of subsection (2)(b) when the period of one month, or the agreed longer period, expires in a case where a report has been referred to the Secretary of State under subsection (4) or (5), the period beginning with the day on which the report is referred to the Secretary of State and ending with the day on which the Secretary of State’s notification is given under subsection (6) is to be disregarded.

11 Subsection (12) applies if—

a a requirement to submit a report has been made under subsection (1) by the Minister of Justice;

b the Chief Constable has not referred the report to the Secretary of State under subsection (4) and has not been required to refer the report to the Secretary of State under subsection (5); and

c the Chief Constable includes in the report submitted to the Minister of Justice information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

12 The Chief Constable must—

a inform the Secretary of State that the information has been included in the report to the Minister of Justice;

b inform the Secretary of State and the Minister of Justice that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

5 In the heading to section 61 after “Secretary of State” insert “and Minister of Justice”.

^I16677

1 Amend section 66¹⁶⁸ (access by Ombudsman to information and documents) as follows.

2 For subsections (2) to (4) substitute—

2 Subsection (3) applies if—

a the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and

b the person supplying the information is of the opinion that it is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

3 The person supplying the information must—

a inform the Secretary of State that the information has been supplied to the Ombudsman; and

b inform the Secretary of State and the Ombudsman that, in his or its opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

4 Subsection (5) applies if—

a the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and

b the person supplying the information is of the opinion that it is—

i information the disclosure of which would be likely to put an individual in danger, or

ii information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

5 The person supplying the information must—

a inform the Minister of Justice that the information has been supplied to the Ombudsman; and

b inform the Minister of Justice and the Ombudsman that, in his or its opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (b) of subsection (4).

^I16778

1 Amend section 69 (general duty of Secretary of State) as follows.

2 In subsection (1) for “The Secretary of State shall exercise his functions under the Police Acts” substitute “A Minister with functions under the Police Acts shall exercise those functions”.

3 In subsection (2) for “Secretary of State” substitute “Minister”.

4 After subsection (2) insert—

5 In the heading for section 69 for “Secretary of State” substitute “Ministers”.

^I16879 In section 70 (RUC George Cross Foundation)—

a in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b in subsection (2)(f) for “Secretary of State” substitute “Department of Justice”; and

c in subsection (3) for “Secretary of State” substitute “Department of Justice”.

^I16980 In section 71(1) (traffic wardens) for “Secretary of State” substitute “Department of Justice”.

^I17081 In section 73 (places of detention: lay visitors)—

a in subsection (3)(c) for “Secretary of State” substitute “Department of Justice”; and

b for subsection (10) substitute—

^I17182

1 Amend section 74A¹⁷⁰ (restriction on disclosure of information) as follows.

2 For subsection (2)(c) substitute—

3 For subsection (3)(b) substitute—

4 For subsection (4)(b) substitute—

5 In subsection (6) after paragraph (g) insert—

6 In subsection (7) after paragraph (g) insert—

7 After subsection (7) insert—

8 Section 74A continues to apply in relation to any information in relation to which it applies immediately before the coming into force of this Order.

9 Such information is “protected information” for the purposes of section 74A(7B) to (7D) (as inserted by sub-paragraph (7) above) if, before the coming into force of this Order, the Chief Constable informed (as the case may be)—

a the person conducting the inquiry under section 60, or

b the Board or a special purposes committee,

that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of the Police (Northern Ireland) Act 2000¹⁷¹.

^I17283 In section 76¹⁷² (orders and regulations)—

a in subsection (1) after “Secretary of State” insert “, the Minister of Justice or the Department of Justice”;

b in subsection (2)—

i for “Orders” substitute “An order”, and

ii in paragraph (b) for “Secretary of State” substitute “person making the order or regulations”;

c in subsection (3) for “and (2)” substitute “, (2) and (6)”;

d in subsection (4) omit “or 54”;

e after subsection (4) insert—

;

f in subsection (5) after “made” (where it occurs first) insert “by the Secretary of State”; and

g after subsection (5) insert—

^I17384 In section 76A(1)¹⁷⁴ (disclosure of information and holding of inquiries) after “59” insert “, 60, 61”.

^I17485 In section 77(1)¹⁷⁵ (interpretation), at the appropriate place, insert—

“the Minister of Justice” means the Minister in charge of the Department of Justice;”.

^I17586

1 Amend Schedule 1¹⁷⁶ (the Northern Ireland Policing Board) as follows.

2 In paragraphs 6(1)(b), 7(3), (4) and (13), 8(1), (2), (3) and (8), 9(1) and (2) and 12 for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

3 In paragraph 13(1) for “Secretary of State” substitute “Department of Justice”.

4 In paragraph 14—

a in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (4) for “Secretary of State” (in each place) substitute “Department of Justice”.

5 In paragraph 15—

a in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (2) for “Secretary of State may” substitute “Department of Justice may, with the approval of the Department of Finance and Personnel,”.

6 In paragraph 16—

a in sub-paragraph (2) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (3)—

i for “Secretary of State and the Comptroller and Auditor General” substitute “Department of Justice and the Comptroller and Auditor General for Northern Ireland”;

ii for “Secretary of State” (where it occurs for the second time) substitute “Department of Justice”;

c in sub-paragraph (4)—

i for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

ii for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d after sub-paragraph (4) insert—

7 Sub-paragraph (6) above does not apply in relation to a financial year ending before the coming into force of this Order.

8 In paragraph 22(2) for “Secretary of State” substitute “Department of Justice”.

9 In paragraph 23—

a in sub-paragraph (a)(iii) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (c) for the words from “any” to “Secretary of State” substitute “any reference to the Ministry were a reference to the Department of Justice”.

10 In paragraph 24(1A)(b) after “Secretary of State” insert “or the Minister of Justice”.

^I17687 In paragraph 3(3) of Schedule 2 (transfer of assets and liabilities to the Policing Board) for “Secretary of State” substitute “Department of Justice”.

^I17788

1 Amend Schedule 3¹⁷⁷ (district policing partnerships) as follows.

2 In paragraph 6—

a in sub-paragraph (2) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (3) for “Secretary of State” substitute “Department of Justice”;

c in sub-paragraph (4)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “him” substitute “the Department of Justice”.

3 In paragraph 14(c) for the words from “any” to “Secretary of State” substitute “any reference to the Ministry were a reference to the Department of Justice”.

4 In paragraph 16—

a in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (2)(a) and (b) for “Secretary of State” substitute “Department of Justice”;

c in sub-paragraph (3) for “Secretary of State” substitute “Department of Justice”.

^I17889

1 Amend Schedule 3A¹⁷⁸ (Belfast sub-groups) as follows.

2 In paragraph 6—

a in sub-paragraph (2) for “Secretary of State” substitute “Department of Justice”;

b in sub-paragraph (3) for “Secretary of State” substitute “Department of Justice”;

c in sub-paragraph (4)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “him” substitute “the Department of Justice”.

3 In paragraph 16(c) for the words from “any” to “Secretary of State” substitute “any reference to the Ministry were a reference to the Department of Justice”.

Royal Ulster Constabulary (Complaints etc.) Regulations 2000¶

^I17990

1 Amend the Royal Ulster Constabulary (Complaints etc.) Regulations 2000¹⁷⁹ as follows.

2 In regulation 20(ii) (supply of report on the investigation of matters not the subject of a complaint) for “Secretary of State” substitute “Department of Justice”.

3 In regulation 21(2)(b) (copies of complaints) for “Secretary of State” substitute “Department of Justice”.

4 In regulation 26 (expenses of complainants and witnesses) for “Department” substitute “Department of Justice”.

5 After regulation 30 insert—

Regulation relating to excepted and reserved matters etc

1 At the end of an investigation of a matter investigated under section 55 of the Act of 1998¹⁸⁰, the Ombudsman shall send a copy of the report on the investigation to the Secretary of State if the report relates wholly or in part to an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998¹⁸¹), a reserved matter (within the meaning given by that section) or a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

2 In a case where, for the purposes of regulation 21(2)(b) above, the Ombudsman is of the opinion that compliance with the request would be contrary to the public interest on the ground of national security (or on grounds including national security), in regulation 21(2)(b) above the reference to the Department of Justice is to be read as a reference to the Secretary of State.

^I18091

1 Regulations 1 to 30 of the Royal Ulster Constabulary (Complaints etc.) Regulations 2000 (as amended by paragraph 90(2) to (4) above) continue in effect as if made by the Department of Justice under section 64 of the Police (Northern Ireland) Act 1998¹⁸².

2 Regulation 31 of those Regulations (as inserted by paragraph 90(5) above) has effect as if made by the Secretary of State under section 64A of the 1998 Act (as inserted by paragraph 35 above).

3 Any other regulations in effect under section 64 of the 1998 Act immediately before the coming into force of this Order continue in effect as if made by the Department of Justice and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.

Royal Ulster Constabulary GC Regulations 2002¶

^I18192

1 Amend the Royal Ulster Constabulary GC Regulations 2002¹⁸³ as follows.

2 In regulations 11 and 11A, wherever occurring—

a for “Secretary of State” substitute “Department of Justice”;

b for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”.

3 In regulation 11A(b) for “Parliament” substitute “the Assembly”.

4 Sub-paragraphs (2) and (3) above do not apply in relation to a financial year ending before the coming into force of this Order.

Police (Northern Ireland) Act 2003¶

^I18293

1 Amend the Police (Northern Ireland) Act 2003¹⁸⁴ as follows.

2 In section 34¹⁸⁵ (complaints and misconduct)—

a in subsection (1) for “Secretary of State” substitute “Department of Justice”; and

b in subsection (4)—

i for “Secretary of State” substitute “Department of Justice”, and

ii in paragraph (e) for “him” substitute “the Department of Justice”.

3 After section 34 insert—

34A Secretary of State’s power to make regulations

1 The Secretary of State may make regulations containing provision of any kind within section 34(1) to (3) for purposes connected with—

a excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998);

b matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision (within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954¹⁸⁶).

2 Before making regulations under this section the Secretary of State must consult the Department of Justice, the persons mentioned in section 34(4)(a) to (d) and any other person or body appearing to the Secretary of State to have an interest in the matter.

3 Regulations made by the Department of Justice under section 34 have effect subject to regulations made by the Secretary of State under this section.

4 In section 37(1)¹⁸⁷ (code of ethics) for “Secretary of State” substitute “Department of Justice”.

5 In section 44 (orders and regulations)—

a in subsection (1) after “Secretary of State” insert “or the Department of Justice”;

b in subsection (5) after “made” insert “by the Secretary of State”;

c after subsection (5) insert—

Civil Contingencies Act 2004¶

^I18394 Amend the Civil Contingencies Act 2004¹⁸⁹ as follows.

^I18495

1 Amend section 1 (meaning of “emergency”) as follows.

2 After subsection (4) insert—

^I18596

1 Amend section 2 (duty to assess, plan and advise) as follows.

2 After subsection (6) insert—

7 In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (3) to make regulations in relation to the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

8 Subsection (5) has effect in relation to the power of the Department of Justice under subsection (3) as if—

a paragraphs (e), (h) and (i) were omitted;

b in paragraph (p) for the words from “a Minister of the Crown” to “department” there were substituted “a Northern Ireland department”.

9 In relation to emergencies that do not fall within section 1(1)(c), a Minister of the Crown has no power by virtue of subsection (5)(h) or (i) to make provision permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 1 of Schedule 1.

^I18697

1 Amend section 3 (section 2: supplemental) as follows.

2 After subsection (5) insert—

^I18798

1 Amend section 5 (general measures) as follows.

2 After subsection (5) insert—

6 In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to perform a function is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

7 Subsection (4) has effect in relation to the power of the Department of Justice under subsection (1) as if—

a paragraphs (d) and (e) were omitted;

b in paragraph (f) for the words from “a Minister of the Crown” to “department” there were substituted “a Northern Ireland department”.

8 In relation to emergencies that do not fall within section 1(1)(c), a Minister of the Crown has no power by virtue of subsection (4)(d) or (e) to make provision permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 1 of Schedule 1.

^I18899

1 Amend section 6 (disclosure of information) as follows.

2 After subsection (6) insert—

^I189100

1 Amend section 7 (urgency) as follows.

2 After subsection (4) insert—

3 At the end of subsection (5) insert “made by the Minister or the Department of Justice (as the case may be)”.

^I190101

1 Amend section 9 (monitoring by Government) as follows.

2 After subsection (4) insert—

5 In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to provide information or an explanation is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

6 If it appears to the Chief Constable (PSNI) that a requirement imposed by virtue of subsection (5) may require the Chief Constable (PSNI) to provide national security information, the Chief Constable (PSNI) may refer the requirement to a Minister of the Crown.

7 The Minister may set aside or otherwise modify the requirement as the Minister considers appropriate so that the Chief Constable (PSNI) is not required to provide any information which appears to the Minister to be national security information.

8 “National security information” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.

^I191102

1 Amend section 10 (enforcement) as follows.

2 In subsection (1) for “or 15(7)” substitute “, 15(7) or 15A(8)”.

3 After subsection (2) insert—

^I192103 After section 12 insert—

12A Northern Ireland: provision or disclosure of national security information

1 A Minister of the Crown may, for the purposes mentioned in subsection (2), make regulations addressing the provision or disclosure of national security information.

2 Regulations under this section are to apply for the purposes of any regulations or order made by the Department of Justice in Northern Ireland under this Part; and any regulations or order made by the Department has effect subject to regulations under this section.

3 “National security information” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.

4 Regulations under this section may (in particular)—

a provide that national security information is not to be provided or disclosed, or is to be provided or disclosed only in specified circumstances or in a specified way, despite any provision of regulations or an order made by the Department of Justice;

b provide that a certificate signed by a Minister of the Crown certifying that the disclosure of information to the public would, or would be likely to, adversely affect national security is conclusive evidence of that fact;

c provide that such a certificate may identify the information to which it applies by means of a general description and may be expressed to apply to information within that description that comes into existence after the certificate is made;

d confer other functions on a Minister of the Crown or any other specified person or body (and a function conferred may, in particular, be a power or duty to exercise a discretion).

^I193104

1 Amend section 13 (amendment of lists of responders) as follows.

2 After subsection (3) insert—

^I194105 After section 14 insert—

^I195106

1 Amend section 15 (cross-border collaboration) as follows.

2 In subsection (5) for “a Minister of the Crown makes an order” substitute “an order is made”.

^I196107 After section 15 insert—

15A Northern Ireland: cross-border collaboration

1 In relation to emergencies that do not fall within section 1(1)(c)—

a the power under section 15(3) or (6) to make regulations or an order permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 2 of Schedule 1 is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown);

b the power under section 15(4) to issue guidance is exercisable by the Department of Justice (and not by a Minister of the Crown) in relation to regulations made by the Department.

2 Where the Chief Constable (PSNI) has a duty under section 2, a Minister of the Crown may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—

a permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to co-operate, to such extent and in such manner as may be specified, with the Chief Constable (PSNI) in connection with the performance of the duty;

b permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to the Chief Constable (PSNI) in connection with the performance of the duty.

3 A Minister of the Crown may issue guidance about a matter addressed in regulations under subsection (2).

4 If the Department of Justice in Northern Ireland makes an order under section 5(1) imposing a duty on the Chief Constable (PSNI), a Minister of the Crown may make an order—

5 Where a person or body listed in Part 1 of Schedule 1 (other than the Chief Constable (PSNI)) has a duty under section 2 or 4, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—

a permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty;

b permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty.

6 The Department of Justice in Northern Ireland may issue guidance about a matter addressed in regulations under subsection (5).

7 If a Minister of the Crown makes an order under section 5(1) imposing a duty on a person or body listed in Part 1 of Schedule 1, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make an order—

8 A person or body must comply with regulations or an order under this section and must have regard to guidance under this section.

9 In this Act, except where the contrary intention appears, a reference to an order under section 5(1) includes a reference to an order under subsection (4) or (7) above.

^I197108

1 Amend section 17 (regulations and orders) as follows.

2 In subsection (1) after “made” insert “by a Minister of the Crown or the Scottish Ministers”.

3 After subsection (1) insert—

4 After subsection (3) insert—

5 After subsection (5) insert—

^I198109 In section 18(1) (interpretation), at the appropriate place, insert—

^I199110

1 Subject to what follows, the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005¹⁹² continue in effect ignoring paragraphs 94 to 109 above.

2 The regulations that may be made by a Minister of the Crown in the exercise of a relevant power after the coming into force of this Order include regulations revoking, modifying or otherwise affecting any provision of the 2005 Regulations (so long as the regulations revoking, modifying or otherwise affecting any such provision are within the scope of the Minister’s power as modified or conferred by virtue of paragraphs 94 to 109 above).

3 The regulations that may be made by the Department of Justice in the exercise of a relevant power after the coming into force of this Order include—

a regulations revoking, modifying or otherwise affecting any provision of the 2005 Regulations (so long as the regulations revoking, modifying or otherwise affecting any such provision are within the scope of the Department’s power as conferred by virtue of paragraphs 94 to 109 above);

b regulations revoking any provision of the 2005 Regulations so far as the provision cannot be revoked by virtue of sub-paragraph (2) above or paragraph (a) of this sub-paragraph (and so long as the regulations revoking any such provision could have been made by a Minister of the Crown in the exercise of the relevant power immediately before the coming into force of this Order).

4 In this paragraph “a relevant power” means a power conferred by any of the following provisions of the Civil Contingencies Act 2004¹⁹³—

a section 2(3) and (5);

b section 4(2), (4) and (5);

c section 6(1);

d section 12;

e section 12A;

f section 15(3);

g section 15A(2);

h section 15A(5);

i section 17(6).

5 In section 12A(2) of the 2004 Act (as inserted by paragraph 103 above) references to regulations made by the Department of Justice include regulations made by virtue of sub-paragraph (3) above.

Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008¶

^I200111

1 Amend the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008¹⁹⁴ as follows.

2 In regulation 4(4) (modification of section 65 of the 1998 Act) for “Secretary of State” substitute “Department of Justice”.

3 In regulation 8(5)(c) (complaints: making and receipt) for “Secretary of State” substitute “Department of Justice”.

4 In regulation 14(1)(c) (modification of section 55 of the 1998 Act) in the text inserted as section 55(8) after “the Board” insert “, the Department of Justice”.

5 In regulation 19(3)(b) (Ombudsman’s report on investigation under section 55 of the 1998 Act) for “Secretary of State” substitute “Department of Justice”.

6 In regulation 23 (expenses of complainants and witnesses) for “Secretary of State” substitute “Department of Justice”.

7 After Part 7 insert—

PART 8

In section 65 of the 1998 Act as it applies by virtue of regulation 4(1) above, the power of the Secretary of State to issue guidance includes power to issue guidance concerning the discharge of functions under Parts 1 to 7 above and this Part (and section 65(7) of the 1998 Act applies accordingly).
In a case where, for the purposes of regulation 8(5)(c) above, the Ombudsman is of the opinion that compliance with the request would be contrary to the public interest on the ground of national security (or on grounds including national security), in regulation 8(5)(c) above the reference to the Department of Justice is to be read as a reference to the Secretary of State.
At the end of an investigation of a matter investigated under section 55 of the 1998 Act concerning the relevant conduct of a designated person, the Ombudsman shall send a copy of the report on the investigation to the Secretary of State if the report relates wholly or in part to an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998¹⁹⁵), a reserved matter (within the meaning given by that section) or a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

^I201112

1 Parts 1 to 7 of the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (as amended by paragraph 111(2) to (6) above) continue in effect as if made by the Department of Justice under section 34 of the Police (Northern Ireland) Act 2003¹⁹⁶.

2 Part 8 of those Regulations (as inserted by paragraph 111(7) above) has effect as if made by the Secretary of State under section 34A of the 2003 Act (as inserted by paragraph 93(3) above).

3 Any other regulations in effect under section 34 of the 2003 Act immediately before the coming into force of this Order continue in effect as if made by the Department of Justice and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.

SCHEDULE 4 ¶

Amendments relating to prisons

Article 6(1)

Prison Act (Northern Ireland) 1953¶

^I2021 Amend the Prison Act (Northern Ireland) 1953¹⁹⁷ as follows.

^I2032

1 In section 1(1) (functions in relation to prisons and prisoners) for “Ministry of Home Affairs (in this Act referred to as “the Ministry”)” substitute “Department of Justice (in this Act referred to as “the Department”)”.

2 In section 1(2) for “Ministry” (where it occurs first) substitute “Department” and for “Ministry” (where it occurs second) substitute “Ministry of Home Affairs”.

3 In sections 2, 3, 9, 12, 13, 15, 16, 24 and 38, for “Ministry” or “Minister” (in each place where those words referred to the Ministry of Home Affairs or the Minister of Home Affairs before functions were transferred to the Secretary of State) substitute “Department”.

4 In sections 2(3), (4), (5) and (6) and 9(6) for “Ministry of Finance” substitute “Department of Finance and Personnel”.

5 In sections 10, 19A, 19B, 34, 34A, 34C and 41 for “Secretary of State” (wherever occurring) substitute “Department”.

6 In sections 24(1) and 41(1) for “he” substitute “the Department”.

^I2043

1 After section 1 insert—

1A Powers of the Secretary of State

1 For purposes connected with any matter mentioned in subsection (2), the Secretary of State may continue to exercise the functions (except functions under prison rules) which the Secretary of State had by virtue of this Act immediately before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (notwithstanding the transfer of those functions to the Department by virtue of that Order).

2 The matters are—

a activities regulated by, or otherwise relating to the subject matter of, Parts 1 to 3 of the Regulation of Investigatory Powers Act 2000¹⁹⁸, including (in particular) in relation to information obtained through any such activities—

i the taking of decisions on the basis of the information;

ii the controlling of access to the information;

iii the holding and use of the information (so far as not covered by sub-paragraphs (i) and (ii));

b where at any time the accommodation of prisoners in separated conditions on the grounds of security, safety or good order is provided for, decisions about whether a prisoner is to be so accommodated or is to cease to be so accommodated, including (in particular) the setting of any criteria upon which such decisions are to be based;

c national security, including (in particular)—

i the taking of decisions on the basis of protected information;

ii the controlling of access to protected information;

iii the holding and use of protected information (so far as not covered by sub-paragraphs (i) and (ii)).

“Protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.

3 In particular, the Secretary of State may continue to make prison rules.

4 The Department must exercise its functions subject to any thing done by the Secretary of State under subsection (1) and, in particular, prison rules made by the Department have effect subject to prison rules made by the Secretary of State.

5 Before making prison rules the Secretary of State or the Department (as the case may be) must consult the other.

6 Prison rules may, in particular, confer or impose functions on the Secretary of State.

7 The Secretary of State may from time to time, for purposes connected with any matter mentioned in subsection (2) and after consultation with the Department, give a direction setting out arrangements under which officers of the Department (including persons appointed under section 2(2)) who have duties in relation to prisons or prisoners are (so far as provided by, and in accordance with, the arrangements) to be treated as officers of the Secretary of State (rather than of the Department) and subject to his direction and control accordingly; and the officers covered by the direction are to act accordingly.

8 The arrangements may (in particular) provide for officers to exercise functions of the Secretary of State.

2 The Secretary of State need not consult the Department of Justice before giving his first direction under section 1A(7) (as inserted by sub-paragraph (1) above).

3 But the first direction ceases to have effect at the end of the period of six months beginning with the day on which it is given (unless, before then, it is revoked by a further direction).

^I2054 In section 5 (annual report)—

a for subsection (1) substitute—

; and

b in subsection (2)(c) for “Minister give the best information to Parliament” substitute “Department give the best information to the Assembly”.

^I2065 For section 34(8) (parliamentary procedure for orders amending section 34) substitute—

^I2076 For section 42 substitute—

^I2087 In section 47(1) (interpretation), at the appropriate place, insert—

Prison and Young Offenders Centre Rules (Northern Ireland) 1995¶

^I2098 Amend the Prison and Young Offenders Centre Rules (Northern Ireland) 1995²⁰⁰ as follows.

^I2109 Subject to what follows, in Parts 1 to 16 for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

^I21110

1 Amend rule 4 as follows.

2 In the definition of “the Ombudsman’s staff” for “Northern Ireland Office” substitute “Department of Justice”.

3 In the definition of “separated prisoner” for “who has applied” to the end substitute “whom the Secretary of State has decided is to be accommodated in separated conditions on the grounds of security, safety or good order and who is so accommodated”.

^I21211

1 Amend rule 7 as follows.

2 After paragraph (2) insert—

^I21312 In rules 32(2L) and 48(3L) and (11) for “he” substitute “it”.

^I21413 In rules 48B(2) and 48C(2) omit “by the Secretary of State”.

^I21514 After rule 50 insert—

^I21615 In rule 59(6) for “him” substitute “the Department of Justice”.

^I21716 In rule 67(2) for “he” substitute “the Department of Justice”.

^I21817 In rule 71(2) for “Secretary of State’s” substitute “Department of Justice’s”.

^I21918 After rule 73 insert—

National security

73A

1 The Secretary of State may if he considers it necessary in the interests of national security—

a exercise any power of the Department of Justice under rule 67(1), (2) or (5) to (9), 68(8) or 68A(1) or (2) above;

b by direction provide for anything done by the Department of Justice in the exercise of any of those powers to cease to have effect to the extent set out in the direction.

2 In relation to—

a any intercepted material which is intercepted under a direction of the Secretary of State or which is otherwise information held by the governor as an officer of the Secretary of State in accordance with arrangements made under section 1A(7) of the Act, or

b any information retained pursuant to rule 68B above in relation to any intercepted material within sub-paragraph (a),

rule 68C above has effect as if for the words “an officer of a prison or of the Department of Justice” there were substituted “an officer of the Secretary of State (including a person treated as such an officer under arrangements made under section 1A(7) of the Act)”.

^I22019

1 Amend rule 79L as follows.

2 In paragraphs (2) and (6) for “he” substitute “the Department of Justice”.

3 In paragraph (3) for “his” substitute “the Department’s”.

^I22120 After rule 79M insert—

^I22221 In rule 92(2) and (3) for “he” substitute “the Department of Justice”.

^I22322 At the beginning of Part 13A insert—

^I22423 In rule 122(3) for “he” (where it first occurs) substitute “the Department of Justice”.

^I22524 In rule 124(3) for “him” substitute “the Department of Justice”.

^I22625

1 Subject to sub-paragraph (2), the Prison and Young Offenders Centre Rules (Northern Ireland) 1995²⁰¹ (as amended by paragraphs 8 to 24 above) continue in effect as if made by the Department of Justice under section 13 of the Prison Act (Northern Ireland) 1953²⁰².

2 Rules 7(3), 50A, 73A, 79MA and 109ZA have effect as if made by the Secretary of State under that section by virtue of section 1A of the 1953 Act (as inserted by paragraph 3(1) above).

Regulation of Investigatory Powers Act 2000¶

^I22726 At the end of Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000²⁰³ (relevant authorities for the purposes of sections 28 and 29) insert—

^I22827

1 Sub-paragraph (2) applies in relation to any order under section 25 of the 2000 Act—

a which is in effect immediately before the coming into force of this Order, and

b which contains provision specifying the Northern Ireland Office as a relevant public authority for the purposes of subsection (1) of that section.

2 The provision mentioned in sub-paragraph (1)(b) has effect as if it were made in relation to the Department of Justice as well as the Northern Ireland Office.

^I22928

1 Sub-paragraphs (2) and (3) apply in relation to any order under section 25 of the 2000 Act—

a which is in effect immediately before the coming into force of this Order, and

b which, in relation to the Northern Ireland Office, contains provision prescribing for the purposes of subsection (2) of that section any office, rank or position in the Northern Ireland Prison Service.

2 The provision mentioned in sub-paragraph (1)(b) has effect as if it were made in relation to the Department of Justice as well as the Northern Ireland Office.

3 But the provision has effect in relation to the Northern Ireland Office only for cases where the individual holding a prescribed office, rank or position is acting as an officer of the Secretary of State under arrangements made under section 1A(7) of the Prison Act (Northern Ireland) 1953 (as inserted by paragraph 3(1) above).

^I23029

1 Sub-paragraphs (2) and (3) apply in relation to any order under section 30 of the 2000 Act—

a which is in effect immediately before the coming into force of this Order, and

b which, in relation to the Northern Ireland Office, contains provision prescribing for the purposes of subsection (1) of that section any office, rank or position in the Northern Ireland Prison Service.

2 The provision mentioned in sub-paragraph (1)(b) has effect as if it were made in relation to the Department of Justice as well as the Northern Ireland Office.

SCHEDULE 5 ¶

Release of prisoners on licence

Article 6(2)

Life Sentences (Northern Ireland) Order 2001¶

^I2311 Amend the Life Sentences (Northern Ireland) Order 2001²⁰⁴ as follows.

^I2322 In Article 2 (interpretation)—

a in paragraph (2), in sub-paragraph (b) of the definition of “life sentence”, for “Secretary of State” substitute “Minister in charge of the Department of Justice”;

b after paragraph (2) insert—

^I2333 In Article 5 (determination of tariffs)—

a in paragraphs (4) and (5) for “Secretary of State” substitute “Department of Justice”; and

b in paragraph (6)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “by him” substitute “by the Department of Justice”; and

iii for “for him” substitute “for the Department of Justice”.

^I2344 In Article 6 (duty to release certain life prisoners) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

^I2355 In Article 7 (power to release life prisoners on compassionate grounds)—

a in paragraph (1)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “he” substitute “the Department of Justice”;

b in paragraph (2) for “Secretary of State” substitute “Department of Justice”;

c after paragraph (2) insert—

^I2366 In Article 8 (duration and conditions of licences)—

a in paragraphs (2) and (3) for “Secretary of State” substitute “Department of Justice”;

b for paragraph (4) substitute—

;

c after paragraph (4) insert—

^I2377 In Article 9 (recall of life prisoners while on licence)—

a in paragraph (1) before “Secretary of State” insert “Department of Justice or the”;

b in paragraph (2)—

i before “Secretary of State” insert “Department of Justice or the”;

ii after “appears to” insert “it or”;

c in paragraphs (3) and (4) before “Secretary of State” insert “Department of Justice or (as the case may be) the”;

d in paragraph (5) for “Secretary of State” substitute “Department of Justice”;

e after paragraph (6) insert—

^I2388 In Article 10 (life prisoners transferred to Northern Ireland)—

a in paragraph (1)—

i for “Secretary of State” substitute “Department of Justice”; and

ii for “his opinion” substitute “its opinion”;

b in paragraph (2)—

i for “the Secretary of State certifies his opinion” substitute “the Department of Justice certifies its opinion”; and

ii for “the Secretary of State would have directed” substitute “a direction would have been given”; and

c in paragraph (4)(b)(ii) and (iii) omit “by the Secretary of State”.

^I2399 In Article 11 (existing life prisoners)—

a in paragraph (1)—

i for “Secretary of State” substitute “Department of Justice”; and

ii for “his opinion” substitute “its opinion”; and

b in paragraph (2)—

i for “the Secretary of State certifies his opinion” substitute “the Department of Justice certifies its opinion”; and

ii for “the Secretary of State would have directed” substitute “a direction would have been given”.

Criminal Justice (Northern Ireland) Order 2008¶

^I24010 Amend the Criminal Justice (Northern Ireland) Order 2008²⁰⁵ as follows.

^I24111 In Article 16 (interpretation of Chapter 4 of Part 2) after paragraph (3) insert—

^I24212 In the italic cross-headings before Articles 17 and 19 omit “of Secretary of State”.

^I24313 In Article 17(1) (duty to release certain fixed-term prisoners) for “Secretary of State” substitute “Department of Justice”.

^I24414 In Article 18 (duty to release prisoners serving indeterminate or extended custodial sentences) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

^I24515 In Article 19(1) and (4) (power to release prisoners on licence before required to do so) for “Secretary of State” substitute “Department of Justice”.

^I24616

1 Amend Article 20 (power to release certain prisoners on compassionate grounds) as follows.

2 In paragraphs (1) and (3) for “Secretary of State” substitute “Department of Justice”.

3 After paragraph (4) insert—

^I24717 In Article 22(4) and (6) (duration of licences: prisoners serving indeterminate custodial sentences) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

^I24818 In Article 23(1) and (2) (power of court to recommend licence conditions for sentences of 12 months or more) for “Secretary of State” substitute “Department of Justice”.

^I24919 In Article 24 (licence conditions)—

a for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b in paragraph (6) after “been consulted” insert “by the Department of Justice”.

^I25020 In Article 25(2)(b) and (3) (licence conditions on re-release of prisoners serving sentence of less than 12 months) for “Secretary of State” substitute “Department of Justice”.

^I25121 In Article 26(7) (curfew condition to be included in licence under Article 19) for “Secretary of State” substitute “Department of Justice”.

^I25222 After Article 27 insert—

^I25323 In Article 28 (recall of prisoners while on licence)—

a in paragraph (2) for “The Secretary of State” substitute “The Department of Justice or the Secretary of State”;

b in paragraphs (2)(b) and (4) before “Secretary of State” insert “Department of Justice or (as the case may be) the”;

c in paragraph (5) for “Secretary of State” substitute “Department of Justice”;

d after paragraph (7) insert—

^I25424 In Article 29 (further release after recall for certain fixed-term prisoners)—

a in paragraph (5)—

i for “Secretary of State”, where it occurs first, substitute “Department of Justice”;

ii before “Secretary of State”, where it occurs second, insert “Department of Justice or the”;

b after paragraph (5) insert—

;

c in paragraph (8) for “Secretary of State” substitute “Department of Justice”.

^I25525 In Article 30(1) and (3) (recall of prisoners released early under Article 19) for “Secretary of State” (in each place) substitute “Department of Justice”.

^I25626 In Article 31 (conviction while licence remains in force) for “Secretary of State” substitute “Department of Justice”.

^I25727 In Article 32 (concurrent terms) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

^I25828 In Article 33(2) (consecutive terms) for “Secretary of State” substitute “Department of Justice”.

^I25929

1 Amend Article 46 (Parole Commissioners) as follows.

2 In paragraph (3) before “Secretary of State” insert “Department of Justice or (as appropriate) the”.

3 After paragraph (4) insert—

^I26030 For Article 100 substitute—

100 Regulations, orders and rules

1 Regulations, orders and rules made by the Department of Justice under this Order shall be subject to negative resolution.

2 Paragraph (1) does not apply to an order under Article 1 or 22(4).

3 An order under Article 22(4) is not a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979²⁰⁸.

4 Rules made by the Secretary of State under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946²⁰⁹ shall apply accordingly.

5 Regulations, orders or rules made by the Department of Justice or the Secretary of State under this Order may contain—

a any incidental, supplementary or consequential provision, and

b any transitory, transitional or saving provisions,

which the Department of Justice or the Secretary of State (as the case may be) considers necessary or expedient.

^I26131

1 Amend Schedule 4 (the Parole Commissioners) as follows.

2 In paragraphs 1 to 4 for “Secretary of State” (in each place) substitute “Department of Justice”.

3 After paragraph 4 insert—

1 The Secretary of State may make rules with respect to the proceedings of the Commissioners for purposes connected with the holding, disclosure or use of protected information (as defined in Article 16(4)).

2 In particular, rules under this paragraph may include—

a provision for the purpose of ensuring that the Secretary of State is informed of cases where protected information may be relevant;

b provision for dealing with cases pending a decision of the Secretary of State as to whether protected information is relevant;

c provision for dealing with cases where protected information is relevant, including (in particular) provision modifying any rules made by the Department of Justice so as to require the Commissioners (or any of them), so far as required by the Secretary of State for purposes connected with any protected information—

i to conduct such cases, and otherwise carry out their functions, under the rules as if the Secretary of State were a party to the proceedings instead of, or in addition to, the Department of Justice, and

ii to permit the Secretary of State to carry out functions of the Department of Justice under the rules accordingly;

d any provision mentioned in paragraph 4(2)(a) to (g).

3 For the purposes of sub-paragraph (2)(d) above—

a in paragraph 4(2) references to the Department of Justice are to be read as including references to the Secretary of State;

b paragraph 4(3) and (4) applies in relation to any provision made by virtue of paragraph 4(2)(g).

4 Rules made by the Department of Justice under paragraph 4 have effect subject to rules made by the Secretary of State under this paragraph.

4 In paragraphs 5 and 6 for “Secretary of State” (in each place) substitute “Department of Justice” and for “Secretary of State’s” substitute “Department of Justice’s”.

5 In paragraph 7—

a in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”; and

b for sub-paragraph (2) substitute—

Parole Commissioners’ Rules (Northern Ireland) 2009¶

^I26232 Amend the Parole Commissioners’ Rules (Northern Ireland) 2009²¹⁰ as follows.

^I26333 Subject to what follows, in Parts 1 to 6 for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

^I26434 In rules 2(1), 3(4), 6(1) and 12(1) omit “by the Secretary of State”.

^I26535 In rule 9(1) for “Secretary of State’s” substitute “Department of Justice’s”.

^I26636 In rule 25—

a for “the Secretary of State refers a life prisoner’s case” substitute “a life prisoner’s case is referred”;

b after “extended custodial prisoner’s case” insert “is referred”.

^I26737 After rule 32(2) insert—

^I26838 After Part 7 insert—

PART 8

1 The functions under rule 9(1) above by virtue of rule 9(1)(e) are exercisable by the Secretary of State (and not the Department of Justice).

2 Where in any case the Secretary of State certifies by virtue of rule 9(1)(e) any information, document or evidence as confidential information, Parts 1 to 6 above apply for that case subject to paragraphs (3) to (5) below.

3 Rule 9(3) above applies in relation to the Secretary of State’s certification as if references to the Department of Justice were references to the Secretary of State.

4 So far as required by the Secretary of State for purposes connected with the confidential information certified by the Secretary of State, the Commissioners (or any of them) must—

a conduct the case and otherwise carry out their functions as if the Secretary of State were a party (instead of, or in addition to, the Department of Justice);

b permit the Secretary of State to carry out functions of the Department of Justice accordingly.

5 Rule 28(1) above has effect as if after sub-paragraph (b) there were inserted—

The cases covered by paragraph (2) above include cases where the certification was made before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

1 This rule applies to any case to which rule 32(3) above applies.

2 The functions under rule 15(1) of the 2001 Rules by virtue of rule 15(1)(e) are to continue to be exercisable by the Secretary of State and, accordingly, rule 32(3) does not transfer—

a any function under rule 15(1) by virtue of rule 15(1)(e), or

b any function under rule 15(3) of the 2001 Rules in relation to a certification by virtue of rule 15(1)(e).

3 Paragraphs (4) and (5) below apply if—

a before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 a certification was made by virtue of rule 15(1)(e) of the 2001 Rules, or

b after the coming into force of that Order a certification is made by virtue of rule 15(1)(e) of the 2001 Rules.

4 So far as required by the Secretary of State for purposes connected with the information, document or evidence certified, the Commissioners (or any of them) must—

a conduct the case and otherwise carry out their functions as if the Secretary of State were a party (instead of, or in addition to, the Department of Justice);

b permit the Secretary of State to carry out functions of the Department of Justice accordingly.

5 Rule 21(1) of the 2001 Rules has effect as if after sub-paragraph (b) there were inserted—

^I26939

1 Amend Schedule 2 as follows.

2 In paragraph 9 of Part A—

a omit “Secretary of State’s”;

b for “the Secretary of State considered it” substitute “it was considered”.

3 In paragraph 1 of Part B omit “Secretary of State’s”.

^I27040

1 Parts 1 to 7 of the Parole Commissioners’ Rules (Northern Ireland) 2009²¹¹ (as amended by paragraphs 33 to 37 and 39 above) continue in effect as if made by the Department of Justice under paragraph 4 of Schedule 4 to the Criminal Justice (Northern Ireland) Order 2008²¹².

2 Part 8 of those Rules (as inserted by paragraph 38 above) has effect as if made by the Secretary of State under paragraph 4A of Schedule 4 to the 2008 Order (as inserted by paragraph 31(3) above).

3 Sub-paragraphs (4) and (5) below apply to a case as is referred to in rule 31(1) of those Rules.

4 If under the Life Sentence Review Commissioners’ Rules 2001²¹³ a prisoner and any representative appointed by him are excluded from proceedings, the Advocate General for Northern Ireland may appoint a person to represent the prisoner’s interests in those proceedings; and, accordingly—

a rule 2(2) of the 2001 Rules has effect as if for the definition of “special advocate” there were substituted—

;

b rule 16(1) of the 2001 Rules has effect as if for “Attorney General” (in each place) there were substituted “Advocate General for Northern Ireland”.

5 A person appointed under sub-paragraph (4) above is not responsible to the prisoner whose interests he represents.

SCHEDULE 6 ¶

Mercy and miscarriages of justice

Article 6(3)

Criminal Justice Act 1988¶

^I2711 Amend the Criminal Justice Act 1988²¹⁴ as follows.

^I2722

1 In section 133²¹⁵ (compensation for miscarriages of justice) after subsection (6) insert—

6A Subject to what follows, in the application of this section in relation to a person (“P”) convicted in Northern Ireland of a criminal offence, in subsections (1) to (4) any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

6B If P is pardoned, subsection (6A) applies only if the pardon is a devolved pardon.

6C Subsections (6D) to (6H) apply if—

a P’s conviction is reversed or P is given a devolved pardon,

b an application for compensation is made in relation to P’s conviction,

c the application is made before the end of the period mentioned in subsection (2) or, if it is made after the end of that period, the Department of Justice gives a direction under subsection (2A), and

d the Department of Justice has reason to believe that protected information may be relevant to the application (for example, because the court which quashed P’s conviction did not make public (in whole or in part) its reasons for quashing P’s conviction).

6D The Department of Justice must refer the application to the Secretary of State who must then take a view as to whether or not any protected information is relevant to the application.

6E If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly.

6F If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—

a the protected information, or

b a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

6G If the Secretary of State refers the application back to the Department of Justice under subsection (6F), the Secretary of State must provide the Department with either—

a the protected information, or

b a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

6H If the Secretary of State is not required to refer the application back to the Department of Justice—

a subsections (3) and (4) apply to the application ignoring subsection (6A), and

b any compensation payable on the application is payable by the Secretary of State.

6I In this section “protected information” means information the disclosure of which may be against the interests of national security.

6J In this section “devolved pardon” means—

a a pardon given after the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 in the exercise of powers under section 23(2) of the Northern Ireland Act 1998²¹⁶;

b a pardon given before the coming into force of that Order which, had it been given after the coming into force of that Order, would have had to have been given in the exercise of powers under section 23(2) of the 1998 Act (ignoring article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010).

6K The pardons covered by subsection (6J)(a) include pardons given in reliance on article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

2 Section 133(6A) to (6K) (as inserted by sub-paragraph (1) above) does not apply in relation to an application for compensation made before the coming into force of this Order (“an existing application”).

3 Sub-paragraphs (4) to (7) below apply to an existing application if—

a the application relates to a person convicted in Northern Ireland of a criminal offence,

b if the person was pardoned, the pardon is a devolved pardon (as defined in section 133(6J)), and

c after the coming into force of this Order further steps are required to be taken under section 133 or 133A in relation to the application.

4 Before any further steps are taken the Secretary of State must take a view as to whether or not any protected information (as defined in section 133(6I)) is relevant to the application.

5 If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application to the Department of Justice.

6 If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application to the Department of Justice unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—

a the protected information, or

b a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

7 If the Secretary of State refers the application to the Department of Justice under sub-paragraph (5) or (6)—

a the Secretary of State’s functions in relation to the application are transferred to the Department of Justice;

b anything done in connection with the application by or in relation to the Secretary of State is treated as having been done by or in relation to the Department of Justice so far as necessary or appropriate for continuing its effect after the transfer of functions;

c if the application is referred under sub-paragraph (6), the Secretary of State must provide the Department of Justice with either—

i the protected information, or

ii a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

^I2733 In section 133A²¹⁷ (miscarriages of justice: amount of compensation) after subsection (8) insert—

9 In relation to compensation payable by the Department of Justice in Northern Ireland, the power in subsection (7) is exercisable by the Department (and not by the Secretary of State).

10 The power of the Department of Justice to make an order under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979²¹⁸ (and not by statutory instrument).

11 No order may be made by the Department of Justice under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (8) does not apply).

12 Section 41(3) of the Interpretation Act (Northern Ireland) 1954²¹⁹ applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

^I2744

1 Amend Schedule 12²²⁰ (assessors of compensation for miscarriages of justice) as follows.

2 In paragraph 6(4) omit the words from “Lord Chancellor” to “concurrence of the”.

3 After paragraph 7 insert—

Criminal Appeal Act 1995¶

^I2755 Amend the Criminal Appeal Act 1995²²¹ as follows.

^I2766

1 Amend section 16²²² (assistance in connection with prerogative of mercy) as follows.

2 After subsection (2) insert—

2A Where the Minister in charge of the Department of Justice in Northern Ireland refers to the Commission any matter which arises in the consideration of whether Her Majesty’s prerogative of mercy should be exercised on Her behalf under section 23(2) of the Northern Ireland Act 1998²²³ in relation to a conviction and on which the Minister desires the Commission’s assistance, the Commission shall—

a consider the matter referred, and

b give to the Minister a statement of their conclusions on it;

and for the purposes of the consideration of whether Her Majesty’s prerogative of mercy should be so exercised, the Commission’s statement shall be treated as conclusive of the matter referred.

2B Where in any case the Commission are of the opinion that Her Majesty’s prerogative of mercy should be so exercised, they shall give the Minister reasons for their opinion.

3 Sub-paragraph (4) below applies if—

a before the coming into force of this Order the Secretary of State referred a matter to the Commission under section 16(1),

b immediately before the coming into force of this Order there are still steps to be taken in relation to the matter by the Commission or the Secretary of State, and

c the matter, had it been referred to the Commission after the coming into force of this Order, would have had to have been referred under section 16(2A) (as inserted by sub-paragraph (2) above).

4 The matter is to be treated as having been referred under section 16(2A) and, accordingly—

a if the Commission have already given their statement of conclusions to the Secretary of State, the Secretary of State must give the statement to the Minister in charge of the Department of Justice, or

b if the Commission have not already done so, they must give their statement to the Minister (and not to the Secretary of State),

and the Minister must, in accordance with section 16(2A), consider whether Her Majesty’s prerogative of mercy should be exercised on Her behalf under section 23(2) of the Northern Ireland Act 1998.

^I2777 In section 24(1)(b) (exceptions from obligations of non-disclosure) after “Secretary of State” insert “or the Department of Justice in Northern Ireland”.

^I2788

1 Amend Schedule 1 (the Commission) as follows.

2 In paragraph 6(3) for the “and” after paragraph (c) substitute—

3 In paragraph 8—

a in sub-paragraph (1) after “Secretary of State” insert “and the Department of Justice in Northern Ireland”;

b after sub-paragraph (3) insert—

SCHEDULE 7 ¶

Criminal Justice and Public Order Act 1994

Article 6(4)

^I2791 Amend the Criminal Justice and Public Order Act 1994²²⁵ as follows.

^I2802 At the beginning of Chapter 3 of Part 8 insert—

117A Exercise of functions by the Department of Justice

1 This Chapter, except so far as it relates to the delivery of prisoners to or from premises situated outside the United Kingdom, has effect subject to the following modifications.

2 Any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

3 Subsections (4) and (5) below apply instead of section 120(6) and paragraph 3(3) of Schedule 7.

4 The power of the Department of Justice to make rules under section 120 or to make regulations under paragraph 3 of Schedule 7 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979²²⁶.

5 Rules made by the Department of Justice under section 120, and regulations made by the Department of Justice under paragraph 3 of Schedule 7, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954²²⁷).

^I2813 In section 127²²⁸ (prison service: inducements to withhold services or to indiscipline)—

a in subsection (2) after “Scottish Ministers” insert “or, in Northern Ireland, to the Department of Justice”;

b in subsection (3) after “Scottish Ministers” (in the first place where those words appear) insert “or, in Northern Ireland, of the Department of Justice”;

c in subsection (3) after “Scottish Ministers” (in the second place where those words appear) insert “or, in Northern Ireland, the Department of Justice”; and

d in subsection (8) after “Scottish Ministers” insert “or, in Northern Ireland, the Department of Justice”.

^I2824

1 Amend section 127A²²⁹ (power to suspend operation of section 127) as follows.

2 After subsection (1) insert—

3 At the end of subsection (3) insert “(subject to subsection (5))”.

4 After subsection (4) insert—

^I2835 Omit section 128(5)(aa)²³⁰ (definition of prison service in Northern Ireland).

^I2846 After section 128 insert—

128A Pay and related conditions: Northern Ireland

1 The Department of Justice in Northern Ireland may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

a the rates of pay and allowances to be applied to the prison service; and

b such other terms and conditions of employment in that service as may appear to the Department of Justice to fall to be determined in association with the determination of rates of pay and allowances.

2 Before making any regulations under this section the Department of Justice shall consult with such organisations appearing to it to be representative of persons working in the prison service and with such other persons as it thinks fit.

3 The power to make regulations under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4 Regulations made under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

5 Regulations under this section may—

a provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

b authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;

c make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit; and

d make different provision for different cases.

6 For the purposes of this section, the prison service comprises all the individuals who hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 2(2) of the Prison Act (Northern Ireland) 1953²³¹.

^I2857

1 Amend section 172 (extent) as follows.

2 After subsection (13) insert—

3 In subsection (14)—

a after “Sections” insert “117A,”;

b before “extend” insert “also”;

c for the words from “but” to the end substitute “except that section 117A does not extend to any part of those islands outside the United Kingdom”.

SCHEDULE 8 ¶

Transfer of prisoners

Article 6(5)

Repatriation of Prisoners Act 1984¶

^I2861 Amend the Repatriation of Prisoners Act 1984²³² as follows.

^I2872 In section 1(9) (issue of warrant for transfer: meaning of “relevant Minister”)—

a omit “and” at the end of paragraph (a); and

b after paragraph (a) insert—

^I2883 In section 2(3A) (transfer out of the UK: meaning of “relevant Minister”)—

a omit “and” at the end of paragraph (a); and

b after paragraph (a) insert—

^I2894

1 Amend section 4 (temporary return) as follows.

2 In subsection (5) (meaning of “relevant Minister”)—

a omit “and” at the end of paragraph (a); and

b after paragraph (a) insert—

3 After subsection (6) insert—

^I2905 In section 4A (issue of warrant transferring responsibility for detention and release of offender)—

a in subsection (5) for “that Minister” (in both places) substitute “the relevant Minister”; and

b in subsection (10) after paragraph (a) insert—

^I2916 In section 4B(4) (transfer of responsibility from the UK: meaning of “relevant Minister”) after paragraph (a) omit the “and” and insert—

^I2927 In section 4D(1) (issue of certificate to be sent to the appropriate judge with a view to obtaining the issue of a warrant under section 4D(3)) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

^I2938 In section 4E—

a in subsection (1) (issue of certificate to be sent to the appropriate judge with a view to obtaining the issue of a warrant under section 4E(3)) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”; and

b in subsection (6) (application to the appropriate judge) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

^I2949 In section 4F(2) (designation of a person for the purposes of sections 4D and 4E) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

^I29510

1 Amend section 5 (operation of warrant and retaking prisoners) as follows.

2 In subsection (8) (meaning of “relevant Minister”)—

a omit “and” at the end of paragraph (a); and

b after paragraph (a) insert—

3 In subsection (10) (modifications for warrants under section 4A) omit the “and” after paragraph (c) and after paragraph (d) insert—

.”.

^I29611 In section 6(5) (revocation etc. of warrants: meaning of “relevant Minister”) after paragraph (a) insert—

^I29712 In section 7(3A) (expenses: meaning of “relevant Minister”)—

a omit “and” at the end of paragraph (a); and

b after paragraph (a) insert—

^I29813 In section 8(4) (certificates: meaning of “relevant Minister”)—

a omit “and” at the end of paragraph (a); and

b after paragraph (a) insert—

^I29914 After section 8 insert—

8A Northern Ireland: national security

1 The Secretary of State may, by virtue of this subsection, make an agreement under section 1(1)(b) or 4A(5)(b) if—

a the agreement is one that could be made by the Department of Justice in Northern Ireland by virtue of section 1(9)(aa) or 4A(10)(aa), and

b the Secretary of State’s decision to make the agreement is arrived at (wholly or partly) on the basis of protected information.

2 Subject to subsection (3), if the Secretary of State makes an agreement by virtue of subsection (1) in any case, in this Act references to the relevant Minister are to be read, for that case, as references to the Secretary of State (and the definitions of “relevant Minister” are to be read accordingly).

3 In the case of an agreement under section 4A(5)(b), subsection (2) does not apply to—

a the references in sections 4A(1) and 4B(1);

b the last two references in section 4A(5);

c the second reference in section 4A(6);

d the first reference in section 4C(1);

e the reference in paragraph 9 of the Schedule.

4 The Secretary of State may notify the Department of Justice that no agreement is to be made under section 1(1)(b) or 4A(5)(b) in relation to a particular person without the Secretary of State’s agreement; and the Department may not make such an agreement in relation to that person without the Secretary of State’s agreement.

5 But the Secretary of State may give a notification or refuse his agreement only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

6 In this section “protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.

Crime (Sentences) Act 1997¶

^I30015 Amend Schedule 1 to the Crime (Sentences) Act 1997²³³ (transfer of prisoners within the British Islands) as follows.

^I30116

1 Amend paragraph 1 (transfer of prisoners: general) as follows.

2 In sub-paragraph (2A)—

a after “appears to” insert “the Department of Justice in Northern Ireland or”; and

b for “the Secretary of State may” substitute “the Department of Justice in Northern Ireland or (as the case may be) the Secretary of State may”.

3 After sub-paragraph (2A) insert—

4 After sub-paragraph (4) insert—

^I30217 In paragraph 2 (transfer of prisoners for trial), after sub-paragraph (4) insert—

^I30318 In paragraph 3 (transfer of prisoners for other judicial purposes), after sub-paragraph (3) insert—

^I30419 In paragraph 4 (transfer of supervision of released prisoners), after sub-paragraph (2) insert—

^I30520 In paragraph 5 (conditions of transfers), after sub-paragraph (3) insert—

^I30621

1 Amend paragraph 5A (conditions of transfer under paragraph 1(2A)) as follows.

2 In sub-paragraph (1)(b) for “as the Secretary of State may think fit to impose” substitute

3 At the end of sub-paragraph (3) insert “by the person who imposed it”.

^I30722

1 Amend paragraph 7 (restricted transfers: general) as follows.

2 After sub-paragraph (1) insert—

3 After sub-paragraph (2) insert—

^I30823 In paragraph 12 (restricted transfers from Northern Ireland to England and Wales) after sub-paragraph (3) insert—

^I30924 In paragraph 13 (restricted transfers from Northern Ireland to Scotland), after sub-paragraph (3) insert—

^I31025 In paragraph 15 (unrestricted transfers: general) after sub-paragraph (4) insert—

^I31126 In paragraph 17 (prisoners unlawfully at large) after sub-paragraph (6) insert—

SCHEDULE 9 ¶

Corporate Manslaughter and Corporate Homicide Act 2007

Article 7

^I3121 Amend the Corporate Manslaughter and Corporate Homicide Act 2007²³⁴ as follows.

^I3132

1 Amend section 15 (procedure, evidence and sentencing) as follows.

2 In subsection (2), in the definition of “prescribed”, for “prescribed by an order made by the Secretary of State” substitute

3 In subsection (3) after “section to proceedings” insert “(except in the definition of “prescribed” in subsection (2))”.

4 In subsection (4) after “order” insert “of the Secretary of State”.

^I3143 After section 23 insert—

^I3154

1 Amend section 24 (orders) as follows.

2 After subsection (4) insert—

5 A power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979²³⁶.

6 An order made by the Department of Justice under section 15 or 16 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954²³⁷).

7 No order shall be made by the Department of Justice under section 21 or 23 or (subject to subsection (8)) section 22, unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

8 If the only amendments to Schedule 1 made by an order of the Department of Justice under section 22 are amendments within subsection (3) of that section—

a subsection (7) of this section does not apply to the making of the order, and

b the order is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

9 No order shall be made by the Department of Justice under section 27 bringing into force paragraph (d) of section 2(1) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

10 Section 41(3) of the Interpretation Act (Northern Ireland) 1954²³⁸ applies for the purposes of subsections (7) and (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

^I3165

1 Amend section 27 (commencement and savings) as follows.

2 In subsection (1) after “State” insert “(subject to subsection (1A))”.

3 After subsection (1) insert—

4 In subsection (2) after “order” insert “of the Secretary of State”.

SCHEDULE 10 ¶

Serious Crime Act 2007

Article 8

^I3171 Amend the Serious Crime Act 2007²³⁹ as follows.

^I3182

1 Amend section 4 (involvement in serious crime: supplementary) as follows.

2 In subsection (4) (power to amend Schedule 1 by order) after “amend” insert “Part 1 of”.

3 After subsection (4) insert—

^I3193 For section 7 (serious crime prevention orders: other exceptions) substitute—

^I3204

1 Amend section 24 (serious crime prevention orders: appeals from Crown Court) as follows.

2 After subsection (9) insert—

^I3215

1 Amend section 28 (powers to wind up companies etc. in Northern Ireland following conviction under section 25) as follows.

2 In subsection (11)—

a in paragraph (b) of the definition of “appropriate Minister”, for “Secretary of State” substitute “Department of Justice in Northern Ireland”; and

b in paragraph (e) of the definition of “relevant body”, for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

^I3226

1 Amend section 29 (powers to wind up: supplementary) as follows.

2 In subsection (1) omit the word “or” and paragraph (b).

3 After subsection (1) insert—

4 In subsection (2) after “(1)” insert “or (1A)”.

5 In subsection (3) omit “or 28(2) to (4)”.

6 After subsection (3) insert—

7 In subsection (4) after “(1)” insert “or (1A)”.

^I3237

1 Amend section 40 (serious crime prevention orders: costs in relation to authorised monitors) as follows.

2 In subsections (1) and (4) for “Secretary of State” substitute “appropriate authority”.

3 After subsection (8) insert—

^I3248

1 Amend section 49 (inchoate offences: supplemental provisions) as follows.

2 After subsection (6) insert—

^I3259

1 Amend section 63 (consequential amendments: Part 2) as follows.

2 In subsection (3) (power to amend Part 1 of Schedule 6 by order) after “Schedule 6” insert “as it applies to England and Wales”.

3 After subsection (3) insert—

^I32610

1 Amend section 89 (orders) as follows.

2 In subsection (3) after “made” insert “by statutory instrument”.

3 In subsection (6)—

a after “order” insert “made by statutory instrument”;

b for “section 7” substitute “section 7(1)”; and

c omit “or (11)”.

4 After subsection (6) insert—

7 Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979²⁴².

8 Any power of the Department of Justice to make an order under this Act—

a may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

b includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate.

9 No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

10 Section 41(3) of the Interpretation Act (Northern Ireland) 1954²⁴³ applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

11 An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954²⁴⁴).

SCHEDULE 11 ¶

Amendments relating to firearms

Article 9

Firearms (Northern Ireland) Order 2004¶

^I3271 Amend the Firearms (Northern Ireland) Order 2004²⁴⁵ as follows.

^I3282 In Article 2(2) (definitions), at the appropriate place, insert—

“the Minister of Justice” means the Minister in charge of the Department of Justice;”.

^I3293 In each of the following provisions for “Secretary of State” (wherever occurring) substitute “Department of Justice”—

a Article 2(7) (interpretation: ceasing to be a firearm);

b Article 8(3) (content and duration of firearms certificates);

c Article 23(1)(b) (variation of European firearms pass);

d Article 27(4) (conditions for firearms dealer’s certificate);

e Article 71(1) (power by order to exclude application of minimum sentence under Article 70 to those under 18);

f Article 75(3) (power to amend sum in Schedule 6);

g Article 77(2)(b) (persons in the service of the Crown in right of Her Majesty’s government in Northern Ireland);

h paragraphs 2(1), (3), (4) and (6), 3 and 4 of Schedule 2 (firearms and ammunition in museums).

^I3304

1 Amend Article 48 (prohibition of movement of firearms and ammunition) as follows.

2 In paragraphs (1) and (2) for “Secretary of State” substitute “appropriate authority”.

3 After paragraph (4) insert—

^I3315

1 Amend Article 63 (prohibition of possession etc. of firearm by certain persons) as follows.

2 In paragraph (4) for “Secretary of State” substitute “Minister of Justice”.

3 In paragraph (7) omit the words after “remove the prohibition”.

4 After paragraph (7) insert—

^I3326 In Article 71(1)(b) (power by order to exclude application of minimum sentence under Article 70 to those under 18) for “he” substitute “the Department of Justice”.

^I3337

1 Amend Article 72 (forfeiture and disposal of firearms) as follows.

2 In paragraph (1)(a) for “Secretary of State” substitute “Minister of Justice”.

^I3348

1 Amend Article 74 (appeal from decision of Chief Constable) as follows.

2 In paragraph (1) for “Secretary of State” substitute “relevant authority”.

3 In paragraph (2) for “Secretary of State may make such order as he” substitute “relevant authority may make such order as the relevant authority”.

4 After paragraph (4) insert—

5 In this Article “the relevant authority” means—

a the Secretary of State, in any case where the Chief Constable’s decision was taken wholly or partly on the basis of information the disclosure of which may, in the view of the Secretary of State or of the Chief Constable, be against the interests of national security;

b the Department of Justice, in any other case.

6 Where the Chief Constable makes a decision within paragraph (3)(a) to (d), he must notify (as the case may be)—

a the applicant, or

b the holder of the certificate,

who the relevant authority is for the purposes of any appeal against the decision.

7 An order under Article 72(4) must be accompanied by a written statement by the Chief Constable specifying who the relevant authority is for the purposes of any appeal against the order.

5 Sub-paragraph (6) below applies to an appeal made, but not determined, under Article 74 before the coming into force of this Order.

6 The Secretary of State must determine who the relevant authority (as defined in Article 74(5) (as inserted by sub-paragraph (4) above)) is for the purposes of the appeal and then—

a if the relevant authority is determined to be the Secretary of State, must proceed to determine the appeal;

b if not, must refer the appeal to the Department of Justice for determination.

^I3359 In Article 75 (fees)—

a in paragraph (3) for “Treasury” substitute “Department of Finance and Personnel”; and

b omit paragraph (4).

^I33610

1 For Article 80 (regulations and orders) substitute—

80 Regulations and orders

1 The Department of Justice may make regulations—

a as to the manner in which the Chief Constable is to carry out his duties under this Order;

b generally for carrying this Order into effect.

2 The Secretary of State may, for purposes connected with national security or any function of the Secretary of State under this Order, make regulations—

a as to the manner in which the Chief Constable is to carry out his duties under this Order;

b generally for carrying this Order into effect.

3 Regulations under paragraph (2) may (in particular) make provision about the holding or use of information the disclosure of which may be against the interests of national security.

4 Regulations made by the Department of Justice under paragraph (1) have effect subject to regulations made by the Secretary of State under paragraph (2).

5 Regulations and orders made by the Department of Justice under this Order are subject to negative resolution.

6 Regulations and orders made by the Secretary of State under this Order, except orders under Article 1, are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the Statutory Instruments Act 1946²⁴⁶ applies accordingly.

2 Any regulations in effect under Article 80(1) immediately before the coming into force of this Order continue in effect as if made by the Department of Justice under Article 80(1) (as inserted by sub-paragraph (1) above) and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.

^I33711

1 Amend Article 81 (saving and transitional provisions) as follows.

2 After paragraph (2) insert—

3 In paragraph (3)—

a omit “, 8(3)”;

b after “Schedule 2” insert “(as applied by paragraph 3A(4) of that Schedule)”.

^I33812

1 Amend Schedule 2 (firearms and ammunition in museums) as follows.

2 In paragraph 2—

a in sub-paragraph (2) after “While a licence” insert “granted by the Department of Justice”;

b omit the word “and” at the end of sub-paragraph (2)(a);

c omit sub-paragraph (2)(b);

d in sub-paragraph (3) for “he” substitute “the Department of Justice”;

e in sub-paragraphs (4) and (5) after “licence” insert “granted by the Department of Justice”.

3 In paragraph 3—

a in sub-paragraph (1)(a) for “held” substitute “granted by the Department of Justice”;

b in sub-paragraph (2) for “him” substitute “the Department of Justice”;

c in sub-paragraph (3) for “held” substitute “granted by the Department of Justice”;

d in sub-paragraph (3)(a) for “he” substitute “the Department of Justice”;

e in sub-paragraph (4) after “licence” (where it first occurs) insert “granted by the Department of Justice”;

f in sub-paragraph (4) for “him” substitute “the Department of Justice”.

4 After paragraph 3 insert—

Secretary of State’s power to grant museum firearms licences

1 The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.

2 While a licence granted by the Secretary of State is in force in respect of a museum the persons responsible for its management and their employees may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for the purposes of the museum any prohibited weapons and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence.

3 The Secretary of State shall not grant a licence in respect of a museum unless the Secretary of State is satisfied that the arrangements for exhibiting and keeping the prohibited weapons and ammunition in question are or will be such as not to endanger public safety or the peace.

4 Paragraphs 2(4) to (6) and 3 apply in relation to licences granted by the Secretary of State; and for this purpose references to the Department of Justice are to be read as references to the Secretary of State.

5 In paragraph 4 after “licence” insert “by the Department of Justice”.

6 In paragraph 5—

a in sub-paragraph (1) for “the licence” substitute “a licence”;

b in sub-paragraph (2) after “paragraph 3” insert “(including as applied by paragraph 3A(4))”.

7 A licence in force under Schedule 2 immediately before the coming into force of this Order which does not contain any provision within what was paragraph 2(2)(b) of Schedule 2 (before its repeal by sub-paragraph (2)(c) above) continues in force as if granted by the Department of Justice under paragraph 2 of Schedule 2.

8 Any other licence in force under Schedule 2 immediately before the coming into force of this Order continues in force ignoring any amendments of Schedule 2 made by this Order and paragraph 13 below.

^I33913 In Schedule 6 (fees)—

a in paragraph 5 after “licence” insert “by the Department of Justice”;

b in paragraph 6 after “licence” insert “granted by the Department of Justice”.

Violent Crime Reduction Act 2006¶

^I34014 Amend Schedule 2 to the Violent Crime Reduction Act 2006²⁴⁷ (weapons etc.: corresponding provisions for Northern Ireland) as follows.

^I34115

1 Amend paragraph 4 (manufacture, import and sale of realistic imitation firearms) as follows.

2 After sub-paragraph (2) insert—

3 In sub-paragraph (3) for “(1)” substitute “(1)(d)”.

4 In sub-paragraph (4)—

a for “(3)” substitute “(2A) or (3)”; and

b in paragraph (c) after “as” insert “the Department of Justice or (as the case may be)”.

5 After sub-paragraph (4) insert—

^I34216

1 Amend paragraph 5 (defences to offence under paragraph 4) as follows.

2 In sub-paragraph (2)(e) for “Secretary of State” substitute “appropriate authority”.

3 After sub-paragraph (2) insert—

4 After sub-paragraph (4) insert—

^I34317

1 Amend paragraph 6 (meaning of “realistic imitation firearm”) as follows.

2 In sub-paragraph (4) for “Secretary of State” substitute “appropriate authority”.

3 After sub-paragraph (4) insert—

4A In sub-paragraph (4) “the appropriate authority” means—

a in the application of this paragraph for the purposes of the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;

b in the application of this paragraph for the purposes of the offence under paragraph 4(1)(d) or for the purposes of paragraph 4(7), the Secretary of State.

4B The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4C That power includes power—

a to make different provision for different cases;

b to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

c to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.

4D Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

^I34418

1 Amend paragraph 7 (specification for imitation firearms) as follows.

2 Before sub-paragraph (1) insert—

3 In sub-paragraph (1) for “The” substitute “For the purposes of sub-paragraph (2)(d), the”.

4 In sub-paragraph (2)—

a in paragraph (a) for “this paragraph” substitute “sub-paragraph (A1)”;

b in paragraph (d) for “so required of it” substitute “required of it by regulations under sub-paragraph (1)”.

5 In sub-paragraph (4)—

a for “this paragraph”, where it occurs first, substitute “sub-paragraph (A1) or (1)”;

b for “this paragraph”, where it occurs second, substitute “sub-paragraph (2)(a) to (c) or (as the case may be) sub-paragraph (2)(d)”.

6 In sub-paragraph (5) for “this paragraph” substitute “sub-paragraph (1)”.

7 After sub-paragraph (6) insert—

SCHEDULE 12 ¶

Explosives

Article 10

Explosives Act 1875¶

^I3451

1 The Secretary of State’s functions immediately before the coming into force of this Order under sections 43, 83 and 104 of the Explosives Act 1875²⁵³ are transferred to the Department of Justice.

2 Any power of the Department of Justice to make an order under any of those sections is to be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

3 An order made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

4 Any function of the Secretary of State immediately before the coming into force of this Order under section 96 of the Explosives Act 1875 is transferred to the Department of Justice.

5 In this Schedule references to the Explosives Act 1875 are to that Act in its application to Northern Ireland.

6 The functions transferred by sub-paragraphs (1) and (4) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in those sub-paragraphs to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

Explosives Act (Northern Ireland) 1970¶

^I3462

1 The Secretary of State’s functions immediately before the coming into force of this Order under section 3 of the Explosives Act (Northern Ireland) 1970²⁵⁴ ^F3... are transferred to the Department of Justice.

2 Any regulations made by the Department of Justice under section 3 of the 1970 Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954²⁵⁵).

3 Section 3(5) of the 1970 Act is omitted.

^F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 The functions transferred by sub-paragraph (1) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in those sub-paragraphs to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

Health and Safety at Work (Northern Ireland) Order 1978¶

^I3473

1 Amend the Health and Safety at Work (Northern Ireland) Order 1978²⁵⁶ as follows.

2 Omit Article 3(5).

3 Omit Article 53.

4 In Schedule 1 (existing statutory provisions) after paragraph 2 insert—

Powers exercisable by the Secretary of State¶

^I3484

1 For purposes connected with any reserved matter falling within paragraph 12 or 20 of Schedule 3 to the Northern Ireland Act 1998²⁵⁷ (reserved matters: firearms and explosives; import and export controls), the Secretary of State may continue to exercise the following functions (“transferred functions”)—

a any function that is transferred by paragraph 1(1) or 2(1) above;

b any power to make regulations that is transferred by virtue of paragraph 3 above.

^F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Any power of the Secretary of State by virtue of sub-paragraph (1) above to make orders or regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979²⁵⁸.

4 Orders and regulations made by the Secretary of State are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946²⁵⁹ applies accordingly.

5 Subject to what follows, sub-paragraphs (1) to (4) above do not affect the transfer of any function to a Northern Ireland department by or by virtue of any of paragraphs 1 to 3 above.

6 The following regulations continue in effect as if made, by virtue of sub-paragraph (1) above, by the Secretary of State in the exercise of the relevant transferred function—

a the Explosives Regulations (Northern Ireland) 1970²⁶⁰;

b the Explosives Regulations (Northern Ireland) 1971²⁶¹;

^F12c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g the Explosives (Amendment) (No. 2) Regulations (Northern Ireland) 1973²⁶²;

^F13h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F11i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

j the Explosives Regulations (Northern Ireland) 1977²⁶³;

^F9k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l regulation 21 of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995²⁶⁴;

m the Marking of Plastic Explosive for Detection Regulations (Northern Ireland) 1996²⁶⁵;

^F10n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8...

7 So far as in effect immediately before the coming into force of this Order, any other order or regulations made in the exercise of a transferred function continue in effect as if made by the Department of Justice ^F16... .

8 The orders covered by sub-paragraph (7) include Orders in Council made under section 43, 83 or 104 of the Explosives Act 1875²⁶⁶.

9 The Secretary of State’s functions—

a under any regulations covered by sub-paragraph (6) are retained by the Secretary of State;

b under any orders or regulations covered by sub-paragraph (7) are transferred to the Department of Justice.

10 Orders and regulations made by Northern Ireland departments in the exercise of transferred functions have effect subject to orders and regulations made by the Secretary of State in the exercise of transferred functions.

11 Further and in particular, a Northern Ireland department may not use any transferred function ^F17... to revoke, modify or otherwise affect the Secretary of State’s functions by virtue of this paragraph (or any order or regulations made by the Secretary of State by virtue of this paragraph).

12 In relation to orders and regulations made by the Secretary of State by virtue of this paragraph, the Health and Safety at Work (Northern Ireland) Order 1978²⁶⁷ has effect as if references to the Department concerned were references to the Secretary of State.

Parliamentary procedure¶

^I3495 No provision which (apart from this paragraph) would—

a require to be laid before Parliament any order or regulations made by a Northern Ireland department by virtue of any of paragraphs 1 to 3 above, or

b provide for any such order or regulations to be subject to annulment in pursuance of a resolution of either House of Parliament,

is to apply in relation to any such order or regulations.

SCHEDULE 13 ¶

Amendments of the Justice (Northern Ireland) Act 2002

Article 11

^I3501 Amend the Justice (Northern Ireland) Act 2002²⁶⁸ as follows.

^I3512 In section 29 (Public Prosecution Service)—

a in subsection (3) for “by the Secretary of State” substitute “out of money appropriated for that purpose by Act of the Northern Ireland Assembly”; and

b in subsection (4) for “Secretary of State” substitute “Department of Finance and Personnel”.

^I3523 For section 30(9) (Director of Public Prosecutions: payment of salary etc.) substitute—

^I3534

1 Amend section 45 (Chief Inspector of Criminal Justice) as follows.

2 In subsection (2) for “Secretary of State” substitute “Department of Justice”.

^I3545

1 Amend section 46²⁶⁹ (functions of Chief Inspector of Criminal Justice) as follows.

2 In subsection (1)(h) for “Secretary of State” substitute “Department of Justice”.

3 In subsection (6) for “Secretary of State” substitute “Department of Justice”.

^I3556

1 Amend section 47²⁷⁰ (further provisions about functions of Chief Inspector of Criminal Justice) as follows.

2 In subsection (1) for “Secretary of State” substitute “Department of Justice”.

3 After subsection (1) insert—

4 In subsection (2) before paragraph (a) insert—

5 In subsections (3), (4), (5) and (7) for “Secretary of State” substitute “Department of Justice”.

^I3567

1 Amend section 49²⁷¹ (reports by Chief Inspector of Criminal Justice) as follows.

2 For subsections (1) to (4) substitute—

1 The Chief Inspector must report to the Department of Justice on each inspection and review carried out by the Chief Inspector.

1A In this section “protected information” means information the inclusion of which in a report under subsection (1) would be against the public interest on the ground of national security.

1B If it appears to the Secretary of State that—

a the Chief Inspector is required to prepare a report in compliance with subsection (1), and

b the report might contain (or once completed might contain) protected information,

the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State or, if the report is not completed when the requirement is imposed, to refer the report once it is completed.

1C The Secretary of State must, within—

a the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1B), or

b such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.

1D If it appears to the Chief Inspector that a report in compliance with subsection (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under subsection (1B), the Chief Inspector must refer the report to the Secretary of State.

1E The Secretary of State must, within—

a the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1D), or

b such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.

1F Where the Secretary of State has required a report to be referred to him under subsection (1B), or the Chief Inspector is required to refer a report to the Secretary of State under subsection (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—

a in accordance with subsection (1G),

b after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

c after the period mentioned in subsection (1C) or (1E) has expired without any notification being given by the Secretary of State.

1G Where the Secretary of State informs the Chief Inspector under subsection (1C) or (1E) that, in the opinion of the Secretary of State, a report contains protected information—

a the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;

b the Chief Inspector must exclude that information from the report;

c the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);

d the Secretary of State must, either before or as soon as practicable after the report is laid before the Northern Ireland Assembly under subsection (1I), lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

1H When the Chief Inspector sends a report to the Department of Justice under subsection (1) from which information has been excluded under subsection (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.

1I Where a report is received by the Department of Justice under subsection (1), the Department must—

a lay a copy of it before the Northern Ireland Assembly, and

b arrange for it to be published.

1J But the Department of Justice may exclude a part of a report from the copy so laid or published if, in the opinion of the Department, the laying or publication of the part—

a would be against the public interest, or

b might jeopardise the safety of any person.

1K If the Department of Justice excludes a part of a report from laying or publication, the Department must lay or publish with the report a statement that it has been excluded.

1L Section 41(3) of the Interpretation Act (Northern Ireland) 1954²⁷² applies for the purposes of subsections (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

^I3578

1 Amend section 50 (Northern Ireland Law Commission) as follows.

2 In subsections (2), (4)(a), (b) and (c), (5) and (6) for “Secretary of State” substitute “Department of Justice”.

^I3589

1 Amend section 51 (duties of Northern Ireland Law Commission) as follows.

2 In subsection (2)—

a in paragraphs (b) to (d) for “Secretary of State” (wherever occurring) substitute “Department of Justice”; and

b for paragraph (e) substitute—

3 In subsection (3)—

a for “Secretary of State” substitute “Department of Justice”;

b omit paragraphs (a) and (b).

4 After subsection (3) insert—

^I35910 For section 52 (reports etc. by Northern Ireland Law Commission) substitute—

52 Reports etc.

1 The Commission must send to the Department of Justice a copy of—

a each programme prepared by the Commission and approved by the Department of Justice,

b each set of proposals for reform formulated by the Commission pursuant to such a programme, and

c each annual report of the Commission.

2 The Department of Justice must lay before the Northern Ireland Assembly a copy of each document received by it under subsection (1).

3 The Commission must send to the Secretary of State a copy of—

a any programme prepared by the Commission and approved by the Department of Justice which includes—

i the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or

ii the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter,

b any set of proposals for reform formulated by the Commission pursuant to an approved programme which relate (in whole or in part) to a reserved matter or an excepted matter, and

c any annual report of the Commission which contains anything relevant to a reserved matter or an excepted matter.

4 The Secretary of State must lay before each House of Parliament a copy of each document received by the Secretary of State under subsection (3).

5 After a copy of a document has been—

a laid before the Assembly in accordance with subsection (2), and

b if so required by subsection (4), laid before Parliament in accordance with that subsection,

the Commission must arrange for the document to be published.

6 In this section “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.

7 Section 41(3) of the Interpretation Act (Northern Ireland) 1954²⁷⁴ applies for the purposes of subsection (2) in relation to the laying of a copy of a document as it applies in relation to the laying of a statutory document under an enactment.

^I36011

1 Amend section 56 (custody care orders) as follows.

2 In the inserted Articles 44A to 44G for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

3 In the inserted Article 44E(5) for the words from “annulment” to “such rules” substitute “negative resolution”.

^I36112

1 Amend section 63 (extension of youth justice system to 17 year olds) as follows.

2 In subsection (2) for “Secretary of State” substitute “Department of Justice”.

^I36213

1 Amend section 68 (information about discharge and temporary release of prisoners) as follows.

2 In subsections (1), (2), (4), (5) and (6) for “Secretary of State” substitute “Department of Justice”.

3 In subsection (8)—

a for “Secretary of State” substitute “Department of Justice”;

b in paragraph (a) for “he” substitute “the Department of Justice”;

c in paragraph (b) for “he” substitute “the Department of Justice”.

^I36314

1 Amend section 69 (views on temporary release) as follows.

2 In subsection (1) for “Secretary of State” (in both places) substitute “Department of Justice”.

3 In subsection (3) for “Secretary of State” substitute “Department of Justice”.

^I36415

1 Amend section 69A²⁷⁵ (information about discharge and leave of absence of mentally disordered persons) as follows.

2 In subsections (1), (4) and (6) for “Secretary of State” (in all places) substitute “Department of Justice”.

3 In subsection (7)—

a for “Secretary of State” substitute “Department of Justice”;

b for “him” substitute “it”.

4 In subsection (11) for “Secretary of State” substitute “Department of Justice”.

^I36516

1 Amend section 69B²⁷⁶ (views on leave of absence) as follows.

2 In subsection (1) for “Secretary of State” (in both places) substitute “Department of Justice”.

3 In subsection (3)—

a for “Secretary of State” substitute “Department of Justice”;

b for “he should give his” substitute “the Department should give its”.

^I36617 In section 70(1)(a) (victims of crime: supplementary) omit “of the Secretary of State”.

^I36718

1 Amend section 71 (community safety strategy) as follows.

2 In subsections (1), (3) and (4) for “Secretary of State” substitute “Department of Justice”.

3 In subsection (5)—

a for “Secretary of State” substitute “Department of Justice”;

b for “him” substitute “the Department”;

c for “he” substitute “the Department”.

^I36819

1 Amend section 72 (local community safety partnerships) as follows.

2 In subsections (1), (2) and (3) for “Secretary of State” substitute “Department of Justice”.

3 In subsection (4)—

a in paragraph (e) for “Secretary of State” substitute “Department of Justice”;

b in paragraph (f)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “him” substitute “the Department”.

4 In subsections (6), (7), (8), (9) and (10) for “Secretary of State” substitute “Department of Justice”.

^I36920

1 Amend section 85 (youth justice: minor and consequential amendments) as follows.

2 In subsection (2)—

a for “Secretary of State” substitute “Department of Justice”;

b for “him” substitute “the Department of Justice”.

^I37021

1 Amend section 87 (commencement) as follows.

2 In subsection (1) after “Secretary of State” insert “or the Department of Justice”.

^I37122

1 Amend section 89 (transitionals and savings) as follows.

2 In subsection (1) after “Secretary of State” insert “or the Department of Justice”.

^I37223 In section 90²⁷⁷ (statutory rules) (as amended by the Northern Ireland Act 2009²⁷⁸ and the Department of Justice Act (Northern Ireland) 2010²⁷⁹)—

a for subsection (1A) substitute—

;

b in subsection (4) for the words from “section” to “78” substitute “section 78”;

c in subsection (5)—

i in paragraph (a) omit “28(2),”;

ii for the words from “each House of Parliament” to “accordingly” substitute “the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954²⁸¹)”;

d after subsection (5) insert—

^I37324

1 Amend Schedule 8 (Chief Inspector of Criminal Justice) as follows.

2 In paragraph 1(3) and (4) (resignation and dismissal of Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

3 In paragraph 2 (salary etc. of Chief Inspector)—

a in sub-paragraph (1) for “Secretary of State” (in both places) substitute “Department of Justice”;

b after sub-paragraph (1) insert—

; and

c omit sub-paragraph (2).

4 In paragraph 3 (staff)—

a in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b after sub-paragraph (2) insert—

; and

c omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972²⁸⁴ has effect accordingly).

5 In paragraph 4 (annual report)—

a after sub-paragraph (1) insert—

1A The Chief Inspector must send a copy of each annual report to the Department of Justice.

1B In this paragraph “protected information” means information the inclusion of which in a report under sub-paragraph (1) would be against the public interest on the ground of national security.

1C If it appears to the Secretary of State that a report in compliance with sub-paragraph (1) may contain protected information (or once completed may contain protected information), the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).

1D If it appears to the Chief Inspector that a report in compliance with sub-paragraph (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under sub-paragraph (1C), the Chief Inspector must refer the report to the Secretary of State.

1E The Secretary of State must, within the period of 30 days after the date of a referral under sub-paragraph (1C) or (1D), or within such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the Secretary of State’s opinion, the report contains any protected information.

1F Where the Secretary of State has required that a report be referred to the Secretary of State under sub-paragraph (1C) or the Chief Inspector is required to refer a report to the Secretary of State under sub-paragraph (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—

a in accordance with sub-paragraph (1G), or

b after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

c after the period mentioned in sub-paragraph (1E) has expired without any notification being given by the Secretary of State.

1G Where the Secretary of State informs the Chief Inspector under sub-paragraph (1E) that, in the Secretary of State’s opinion, a report contains protected information—

a the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;

b the Chief Inspector must exclude that information from the report;

c the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);

d the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

1H When the Chief Inspector sends a report to the Department of Justice under sub-paragraph (1A) from which information has been excluded under sub-paragraph (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.

1I Where a report is received by the Department of Justice under sub-paragraph (1A), it must—

a lay a copy of it before the Northern Ireland Assembly, and

b arrange for it to be published.

1J But the Department of Justice may exclude a part of a report from the copy so laid or published if, in its opinion, the laying or publication of the part—

a would be against the public interest, or

b might jeopardise the safety of any person.

1K If the Department of Justice excludes a part of a report from laying or publication, it must lay or publish with the report a statement that it has been excluded.

1L Section 41(3) of the Interpretation Act (Northern Ireland) 1954²⁸⁵ applies for the purposes of sub-paragraphs (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

; and

b omit sub-paragraphs (2) to (4).

6 In paragraph 5 (power of Secretary of State to make grants to Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

7 In paragraph 6 (financial provisions: accounts and statements)—

a in sub-paragraphs (2) and (3) for “Secretary of State” (in all places) substitute “Department of Justice”;

b in sub-paragraph (3)(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c in sub-paragraph (4)—

i for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

ii in paragraph (b) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d after sub-paragraph (4) insert—

8 In paragraph 7(3) (delegation of functions) for “Secretary of State” substitute “Department of Justice”.

9 In paragraph 8(3) (inspections of PSNI)—

a for “Secretary of State” substitute “Department of Justice”;

b for “his” substitute “the Department’s”.

^I37425

1 Amend Schedule 9 (Northern Ireland Law Commission) as follows.

2 In paragraph 1(3) and (4) (resignation and dismissal of Commissioners) for “Secretary of State” substitute “Department of Justice”.

3 In paragraph 3 (salary etc. of Commissioners not holding full-time judicial office)—

a in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b after sub-paragraph (1) insert—

; and

c omit sub-paragraphs (2) and (3).

4 In paragraph 4 (staff)—

a in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b after sub-paragraph (2) insert—

;

c omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972²⁸⁷ has effect accordingly).

5 In paragraph 5 (power of Secretary of State to make grants to Commission) for “Secretary of State” substitute “Department of Justice”.

6 In paragraph 6 (financial provisions: accounts and statements)—

a in sub-paragraphs (2) and (3) for “Secretary of State” (in all places) substitute “Department of Justice”;

b in sub-paragraph (3)(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c in sub-paragraph (4)—

i for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

ii in paragraph (b) for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

d after sub-paragraph (4) insert—

^I37526

1 Paragraphs 24(3)(c) and (4)(c) and 25(3)(c) and (4)(c) above do not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Chief Inspector or the Commission, or the person’s service as the Chief Inspector or a Commissioner, before the coming into force of this Order.

2 The Chief Inspector and the Commission must, accordingly, continue to make payments to the Minister for the Civil Service under the following provisions despite their repeal by the provisions mentioned in sub-paragraph (1) above—

a paragraph 3(4) of Schedule 8 to the Justice (Northern Ireland) Act 2002²⁸⁹;

b paragraphs 3(3) and 4(4) of Schedule 9 to that Act.

3 Sub-paragraph (5) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of a provision mentioned in sub-paragraph (4) below, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

4 The provisions are—

a paragraph 2(2) or 3(3) of Schedule 8 to the Justice (Northern Ireland) Act 2002;

b paragraph 3(2) or 4(3) of Schedule 9 to that Act.

5 In relation to the person’s employment by the Chief Inspector or the Commission, or (as the case may be) service as the Chief Inspector or a Commissioner, after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972²⁹⁰; and the person’s terms and conditions of service have effect accordingly.

6 The expenditure covered by—

a paragraph 3(2B) of Schedule 8 to the Justice (Northern Ireland) Act 2002 (as inserted by paragraph 24(4)(b) above), and

b paragraphs 3(1B) and 4(2B) of Schedule 9 to that Act (as inserted by paragraph 25(3)(b) and (4)(b) above),

includes, in particular, expenditure attributable to sub-paragraph (5) above.

^I37627 Neither paragraph 24(7) nor paragraph 25(6) above applies in relation to a financial year ending before the coming into force of this Order.

SCHEDULE 14 ¶

Criminal Justice

Article 12

Coroners Act (Northern Ireland) 1959¶

^I3771

1 Amend section 14 of the Coroners Act (Northern Ireland) 1959²⁹¹ (inquest on order of Attorney General) as follows.

2 Make the existing text subsection (1).

3 After subsection (1) insert—

4 Sub-paragraphs (5) to (7) below apply if—

a before the coming into force of this Order, the Attorney General for Northern Ireland began to consider whether to give a direction under section 14 in relation to the death of a person, but

b immediately before the coming into force of this Order, the Attorney had neither given a direction nor decided not to give a direction.

5 The Advocate General for Northern Ireland must take a view as to whether there is information relevant to the question of whether a direction should be given which is or includes information the disclosure of which may be against the interests of national security.

6 If the Advocate General takes the view that there is such information, the Advocate General must deal with the case as if section 14(3) (as inserted by sub-paragraph (3) above) applied.

7 Otherwise, the Advocate General must refer the case to the Attorney General for Northern Ireland to be dealt with by the Attorney accordingly.

Costs in Criminal Cases Act (Northern Ireland) 1968¶

^I3782 Amend the Costs in Criminal Cases Act (Northern Ireland) 1968²⁹² as follows.

^I3793

1 Amend section 1²⁹³ (expenses of prosecution) as follows.

2 For subsection (1) substitute—

3 In subsection (3) for “Ministry of Finance” substitute “Department of Finance and Personnel”.

^I3804

1 Amend section 2 (costs of prosecution in cases of conviction) as follows.

2 For subsection (1)(a) substitute—

^I3815

1 Amend section 3 (costs of defence in cases of acquittal, dismissal or discharge) as follows.

2 For subsection (1)(i) substitute—

3 In subsection (5) for “Ministry” substitute “Director of Public Prosecutions”.

^I3826

1 Amend section 4²⁹⁴ (costs awarded by Court of Appeal) as follows.

2 In subsection (1)(a)—

a for “to the Secretary of State” substitute “to the Director of Public Prosecutions or any other person the Court thinks appropriate”;

b for “by the Secretary of State” substitute “by the Director of Public Prosecutions”.

3 In subsection (2) for “Ministry” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.

4 In subsection (2A) for “Secretary of State” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.

5 In subsection (4) for the words from “subject,” to the end substitute “subject to section 25 of the Crown Proceedings Act 1947 where that section is applicable”.

^I3837 In section 5A²⁹⁵ (fees of required interpreter) for “Ministry” substitute “Department of Justice”.

^I3848 In section 6(b)²⁹⁶ (effect of costs of legal aid) for “Ministry” substitute “Director of Public Prosecutions”.

^I3859 In section 8 (saving) for “Ministry” substitute “Director of Public Prosecutions”.

^I38610 Omit section 9²⁹⁷ (financial provisions).

^I38711

1 Amend section 10²⁹⁸ (interpretation) as follows.

2 In subsection (1), in the definition of “private prosecutor”, for “the Attorney General” substitute “the Director of Public Prosecutions, the Attorney General or the Advocate General”.

3 Omit subsection (1A).

4 In subsection (2) for the words from “the Ministry” to “as the case may be,” substitute “any person”.

Administration of Justice Act 1973¶

^I38812

1 Amend the Administration of Justice Act 1973²⁹⁹ as follows.

2 In section 18(2) (payment of interpreters in criminal cases: Northern Ireland) for “Secretary of State” substitute “Department of Justice”.

Criminal Appeal (Northern Ireland) Act 1980¶

^I38913 Amend the Criminal Appeal (Northern Ireland) Act 1980³⁰⁰ as follows.

^I39014 In section 15(3) (reference of point of law) for “out of money provided by Parliament” substitute “by the Department of Justice”.

^I39115

1 Amend section 21 (court transcripts) as follows.

2 In subsection (1)(b) for “Treasury” substitute “Department of Finance and Personnel”.

3 In subsections (2) and (3) for “Secretary of State” substitute “Department of Justice”.

4 In subsection (2) for “he” and “him” substitute “it”.

5 In subsection (3)—

a for “Treasury” substitute “Department of Finance and Personnel”;

b for “out of money provided by Parliament” substitute “by the Department of Justice”; and

c for “out of money so provided” substitute “by the Department of Justice”.

^I39216

1 Amend section 28 (costs) as follows.

2 In subsection (2) for “Secretary of State” substitute “Director of Public Prosecutions”.

3 In subsection (3) for “Secretary of State” substitute “Department of Justice”.

^I39317 In section 34(3) (further reference on point of law) for “out of money provided by Parliament” substitute “by the Department of Justice”.

Probation Board (Northern Ireland) Order 1982¶

^I39418 Amend the Probation Board (Northern Ireland) Order 1982³⁰¹ as follows.

^I39519 In Article 2(2) (interpretation), in the definition of “prescribed”, for “Secretary of State” substitute “Department of Justice”.

^I39620 In Article 4(1)(c) and (2) (functions of the Probation Board) for “Secretary of State” substitute “Department of Justice”.

^I39721 In Article 6 (directions to Probation Board), and the heading to that Article, for “Secretary of State” substitute “Department of Justice”.

^I39822

1 Amend Article 7 (financial control of the Probation Board) as follows.

2 In paragraph (1)—

a for “Secretary of State” substitute “Department of Justice”;

b for “he” substitute “the Department of Justice”;

c for “Treasury” substitute “Department of Finance and Personnel”.

3 In paragraph (2) for “Secretary of State” substitute “Department of Justice”.

^I39923 In Articles 8(1) and (3), 10(2), 11(1)(a), (2), (3) and (4) and 12 for “Secretary of State” substitute “Department of Justice”.

^I40024

1 Amend Article 15 (rules and regulations) as follows.

2 In paragraph (1) for “Secretary of State” substitute “Department of Justice”.

3 For paragraph (2) substitute—

^I40125

1 Amend Schedule 1 (the Probation Board for Northern Ireland) as follows.

2 In paragraph 3 for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

3 After paragraph 3(7) insert—

4 In paragraph 4 for “Secretary of State, with the approval of the Treasury” substitute “Department of Justice, with the approval of the Department of Finance and Personnel”.

5 In paragraph 5—

a for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b for “Treasury” (wherever occurring) substitute “Department of Finance and Personnel”.

6 In paragraph 9 for “Secretary of State” substitute “Department of Justice”.

7 In paragraph 12 for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

8 In paragraph 13—

a for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b for “Treasury” (wherever occurring) substitute “Department of Finance and Personnel”.

9 In paragraph 14 for “Secretary of State” substitute “Department of Justice”.

^I40226 After paragraph 1(2) of Schedule 2 (transfer of property and staff) insert—

^I40327

1 Amend Schedule 3 (reports and accounts, etc.) as follows.

2 In paragraph 1—

a for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b in sub-paragraph (1) for “he” substitute “the Department of Justice”.

3 In paragraph 2—

a in sub-paragraphs (1) and (2) for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b in sub-paragraph (1)(b) for “Treasury” substitute “Department of Finance and Personnel”;

c in sub-paragraph (1)(b) for “he” substitute “the Department of Justice”.

4 In paragraph 2(2) and (3) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”.

5 In paragraph 2(3) for “each House of Parliament” substitute “the Assembly”.

6 In paragraph 2(4) omit “; and “Comptroller and Auditor General” has the meaning assigned to it by Schedule 1 to the Interpretation Act 1978³⁰³”.

7 Sub-paragraphs (3) to (6) above do not apply in relation to an accounting period ending before the coming into force of this Order.

Mental Health Act 1983¶

^I40428

1 Amend the Mental Health Act 1983³⁰⁴ as follows.

2 In section 82(7) (responsible authority for the purposes of moving patients from Northern Ireland to England and Wales) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

3 In section 82A (transfer of responsibility for conditionally discharged patients)—

a in subsection (1) for “the relevant Minister” and “that Minister” substitute “the Department of Justice in Northern Ireland”;

b omit subsection (4).

4 In section 86(4) (removal of alien patients) after “that Order” insert “and any reference in subsection (2) or (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland”.

5 At the end of section 139(4) (exclusion from protection for acts done in pursuance of Act) insert “or against the Department of Justice in Northern Ireland”.

Criminal Justice Act 1988¶

^I40529 Amend the Criminal Justice Act 1988³⁰⁵ as follows.

^I40630

1 Amend section 35 (reviews of sentencing: scope of Part 4) as follows.

2 After subsection (9) insert—

3 In subsection (10), in the text substituted for subsection (5), for the words from “such statutory rule” to “accordingly” substitute “such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³⁰⁶)”.

^I40731

1 Amend section 141 (offensive weapons) as follows.

2 In subsection (13) for “the reference in subsection (2) above” substitute “in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference”.

3 After subsection (13) insert—

14 In the application of this section to Northern Ireland, the power under subsection (11D) above to provide by order—

a for exceptions and exemptions from the offence under subsection (1) above; and

b for it to be a defence in proceedings for such an offence to show the matters specified or described in the order,

is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).

15 Any power of the Department of Justice in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979³⁰⁷ (and not by statutory instrument).

16 No order shall be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

17 Section 41(3) of the Interpretation Act (Northern Ireland) 1954³⁰⁸ applies for the purposes of subsection (16) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Criminal Procedure (Scotland) Act 1995¶

^I40832

1 Amend the Criminal Procedure (Scotland) Act 1995³⁰⁹ as follows.

2 In section 303 (fixed penalty: enforcement)—

a in subsection (4) omit “or Northern Ireland” and “or, as the case may be, Northern Ireland”; and

b after subsection (4) insert—

3 In section 309(4) for “303(4)” substitute “303(4) to (7)”.

4 In section 309(5) for “303(4)” substitute “303(4) to (7)”.

Children’s Evidence (Northern Ireland) Order 1995¶

^I40933 In paragraph 3(2) of Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995³¹⁰ (notice of transfer: regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Procedure and Investigations Act 1996¶

^I41034

1 Amend Schedule 4 to the Criminal Procedure and Investigations Act 1996³¹¹ (modifications for Northern Ireland) as follows.

2 After paragraph 4 insert—

3 After paragraph 5 insert—

4 After paragraph 14 insert—

14A In section 21A—

a in subsections (1) and (4) to (6) for “Secretary of State” substitute “appropriate authority”;

b in subsection (4)(c) for “he” substitute “the appropriate authority”;

c in subsection (7) after “made” insert “by the Secretary of State”;

d in subsection (8) after “An order” insert “made by the Secretary of State”;

e after subsection (8) insert—

;

f in subsection (9) for “or (8)” substitute “, (8), (8A) or (8B)”;

g after subsection (13) insert—

5 After paragraph 14A insert—

Part 2 of this Act

14B In section 23—

a in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b after subsection (8) insert—

14C In section 25—

a in subsection (1)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “he” (wherever occurring) substitute “the Department”;

iii for “him” substitute “it”;

b in subsection (2)—

i for “Secretary of State” substitute “Department of Justice”;

ii for “he” (wherever occurring) substitute “the Department”;

iii for “each House of Parliament” substitute “the Northern Ireland Assembly”;

c after subsection (2) insert—

;

d in subsection (4) for “Secretary of State” substitute “Department of Justice”;

e after subsection (4) insert—

6 After paragraph 33 insert—

33A After section 77 insert—

77A Orders and regulations (Department of Justice)

1 This section concerns the powers of the Department of Justice to make orders or regulations under this Act.

2 Any power to make an order or regulations may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.

3 Any order or regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Department of Justice to be necessary or expedient.

4 Any power to make an order or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979³¹⁵.

5 No regulations shall be made under section 6A unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

6 Regulations (other than regulations under section 6A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³¹⁶).

7 No order shall be made under section 25 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

8 Section 41(3) of the Interpretation Act (Northern Ireland) 1954³¹⁷ applies for the purposes of subsections (5) and (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Knives Act 1997¶

^I41135

1 Amend section 11 of the Knives Act 1997³¹⁸ (short title, commencement and extent etc.) as follows.

2 After subsection (7) insert—

Police Act 1997¶

^I41236 Amend the Police Act 1997³¹⁹ as follows.

^I41337

1 Amend section 119B (independent monitor) as follows.

2 After subsection (4) insert—

^I41438 After section 126 insert—

126A Part 5: Modifications for Northern Ireland

1 This Part applies to Northern Ireland subject to the following modifications.

2 Any reference to the Secretary of State, except in—

a section 118(2A)(d),

b section 119(1), (3), (5) and (8),

c section 119B(2), (4) and (4A), and

d section 122A as it applies to a function of the Secretary of State under section 119 or 119B(2), (4) or (4A),

shall be construed as a reference to the Department of Justice in Northern Ireland.

3 Section 119 has effect subject to the following modifications—

a in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

b in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

c subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.

4 The following provisions shall not have effect—

a section 113A(8);

b in section 113BC—

i in subsection (1) the words “made by statutory instrument”;

ii subsection (2);

c in section 120A—

i in subsection (7) the words “made by statutory instrument”;

ii subsection (8);

d section 125(2), (4) and (6).

5 In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.

6 In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.

7 Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979³²⁰.

8 No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

9 Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³²¹).

10 Section 41(3) of the Interpretation Act (Northern Ireland) 1954³²² applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.

Criminal Justice (Children) (Northern Ireland) Order 1998¶

^I41539 Amend the Criminal Justice (Children) (Northern Ireland) Order 1998³²³ as follows.

^I41640

1 Amend Article 45 (punishment of certain grave crimes) as follows.

2 For “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

3 After paragraph (7) insert—

^I41741 In Article 46 (discharge on licence) for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

Youth Justice and Criminal Evidence Act 1999¶

^I41842 Amend the Youth Justice and Criminal Evidence Act 1999³²⁴ as follows.

^I41943 In section 44 (restrictions on reporting alleged offences involving persons under 18) after subsection (5) insert—

^I42044 In section 64 (regulations and orders) after subsection (4) insert—

5 Any power of the Department of Justice in Northern Ireland to make an order under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

6 No order shall be made by the Department of Justice under section 44(5) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (3) above shall not apply to the making of any order by the Department of Justice).

7 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

8 Any order made by the Department of Justice under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Department of Justice thinks fit.

^I42145 In section 68 (short title, commencement and extent) after subsection (3) insert—

Criminal Justice and Police Act 2001¶

^I42246

1 Amend the Criminal Justice and Police Act 2001³²⁵ as follows.

2 In section 52(5) (regulations about notice of exercise of powers of seizure) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

3 In section 69 (powers of seizure designated by order) after subsection (2) insert—

Proceeds of Crime Act 2002¶

^I42347 Amend the Proceeds of Crime Act 2002³²⁶ as follows.

^I42448 In section 174 (confiscation: inadequacy of available amount: discharge of order)—

a in subsection (4)(b) for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

b in subsection (5) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

^I42549 In section 175(3) (confiscation: small amount outstanding: discharge of order) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

^I42650 In section 215(7) (seized money) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

^I42751 In section 223 (criminal lifestyle)—

a in subsection (7) for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

b in subsection (8) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

^I42852 In section 237(2) (procedure on appeal to Court of Appeal) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

^I42953

1 Amend section 238 (procedure on appeal to Supreme Court) as follows.

2 Make the existing text subsection (1).

3 After subsection (1) insert—

^I43054 In section 275(3) (recovery orders: pension schemes: supplementary) after “Scottish Ministers” insert “or, in relation to Northern Ireland, regulations made by the Department of Justice”.

^I43155 In section 282(1) (recovery orders: other exemptions) after “Scottish Ministers” insert “or, in relation to Northern Ireland, prescribed by an order made by the Department of Justice”.

^I43256 In section 287(2) (recovery orders: financial threshold) after “Scottish Ministers” insert “or, in relation to Northern Ireland, exercisable by the Department of Justice”.

^I43357 In section 289(7) (recovery of cash in summary proceedings: searches) after “Scottish Ministers” insert “or, in relation to Northern Ireland, is specified by the Department of Justice by an order”.

^I43458 In section 290(8) (recovery of cash in summary proceedings: appointed person)—

a in paragraph (a) omit “and Northern Ireland”; and

b after paragraph (b) insert—

^I43559

1 Amend section 291 (recovery of cash in summary proceedings: report on exercise of powers) as follows.

2 In subsection (4) after “Scottish Ministers” insert “or the Department of Justice”.

3 In subsection (5) after “Scottish Parliament” insert “; and the Department of Justice must lay a copy of any report it receives under this section before the Northern Ireland Assembly”.

4 After subsection (5) insert—

^I43660

1 Amend section 292 (recovery of cash in summary proceedings: code of practice) as follows.

2 In subsection (1) omit “and Northern Ireland”.

3 In subsection (2)(b) after “Scottish Ministers” insert “, the Department of Justice”.

^I43761 After section 293 insert—

293A Code of practice (Northern Ireland)

1 The Department of Justice must make a code of practice in connection with the exercise by constables and accredited financial investigators, in relation to Northern Ireland, of the powers conferred by virtue of section 289.

2 Where the Department of Justice proposes to issue a code of practice it must—

a publish a draft,

b consider any representations made to the Department of Justice about the draft,

c if the Department of Justice thinks it appropriate, modify the draft in the light of any such representations.

3 The Department of Justice must lay a draft of the code before the Northern Ireland Assembly.

4 When the Department of Justice has laid a draft of the code before the Northern Ireland Assembly, the Department of Justice may bring it into operation by order.

5 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (3) and (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

6 The Department of Justice may revise the whole or any part of the code issued by it and issue the code as revised; and subsections (2) to (5) apply to such a revised code as they apply to the original code.

7 A failure by a constable or accredited financial investigator to comply with a provision of the code does not of itself make him liable to criminal or civil proceedings.

8 The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

^I43862

1 Amend section 302 (compensation) as follows.

2 After subsection (8)—

^I43963 In section 303(1) (definition of “the minimum amount”) after “Scottish Ministers” insert “and the Department of Justice”.

^I44064 In section 309(4) (exemptions) after “Scottish Ministers” insert “and the Department of Justice”.

^I44165 In section 316(1) (interpretation of Part 5) after the definition of “dealing” insert—

^I44266

1 Amend section 355 (further provisions: confiscation and money laundering) as follows.

2 In subsection (2)—

a after “applies” insert “, in relation to England and Wales,”;

b for “subsections (3) and (4) apply” substitute “subsection (3) applies”.

3 After subsection (3) insert—

^I44367

1 Amend section 377 (code of practice) as follows.

2 In subsection (1) at the beginning of each of paragraphs (c) and (d) insert “in relation to England and Wales,”.

3 Omit subsection (9).

^I44468 After section 377 insert—

377ZA Code of practice (Northern Ireland)

1 The Department of Justice in Northern Ireland must prepare a code of practice as to the exercise, in relation to Northern Ireland, by constables and accredited financial investigators of functions they have under this Chapter.

2 After preparing a draft of the code the Department of Justice—

a must publish the draft;

b must consider any representations made to the Department of Justice about the draft;

c may amend the draft accordingly.

3 After the Department of Justice has proceeded under subsection (2) it must lay the code before the Northern Ireland Assembly.

4 When the Department of Justice has done so it may bring the code into operation on such day as the Department of Justice may appoint by order.

5 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a code as it applies in relation to the laying of a statutory document under an enactment.

6 A constable or accredited financial investigator must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

7 If a constable or accredited financial investigator fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings.

8 But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.

9 The Department of Justice may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

377ZB Disapplication of PACE codes

The following provisions do not apply to an appropriate officer or the relevant authority in the exercise of any function either has under this Chapter—

a section 67(9) of the Police and Criminal Evidence Act 1984³²⁹ (application of codes of practice under that Act to persons other than police officers);

b Article 66(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989³³⁰ (which makes similar provision for Northern Ireland).

^I44569 In section 436 (disclosure of information to Directors) after subsection (7) insert—

^I44670 In section 444(4) (external requests and orders) after paragraph (c) insert—

^I44771 In section 445(2)(b) (external investigations) after “Scottish Ministers,” insert “the Department of Justice in Northern Ireland,”.

^I44872 In section 452 (Crown servants) after subsection (2) insert—

^I44973 In section 458 (commencement)—

a in subsection (1) after “(3)” insert “or (4)”;

b in subsection (2) after “made” insert “by the Secretary of State”;

c after subsection (3) insert—

^I45074

1 Amend section 459 (orders and regulations) as follows.

2 In subsection (3) for the words from “other than” to “which is” substitute

3 In subsections (4)(a) and (6)(a) omit “223(7) or (8),”.

4 After subsection (7) insert—

7A Subordinate legislation made by the Department of Justice in Northern Ireland is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³³²) other than an order under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4), 436(6) or 458.

7B No order shall be made by the Department of Justice under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4) or 436(6) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

7C The Department of Justice must lay before the Northern Ireland Assembly a copy of every statutory instrument containing an Order in Council under section 444 or 445.

7D Section 41(3) of the Interpretation Act (Northern Ireland) 1954³³³ applies for the purposes of subsections (7B) and (7C) in relation to the laying of a draft or copy as it applies in relation to the laying of a statutory document under an enactment.

^I45175 In section 460(3)(b) (sums received by the DPPNI) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

Crime (International Co-operation) Act 2003¶

^I45276

1 Amend the Crime (International Co-operation) Act 2003³³⁴ as follows.

2 In section 29 (hearing witnesses abroad through television links)—

a in subsection (1) omit “or Article 80A(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12))”;

b after subsection (2) insert—

3 In section 50 (subordinate legislation)—

a after subsection (1) insert—

;

b in subsection (2) for “Such an order” substitute “An order made under this Part by the Secretary of State, the Treasury, the Scottish Ministers or the Department of Justice”;

c after subsection (5) insert—

Sexual Offences Act 2003¶

^I45377

1 Amend the Sexual Offences Act 2003³³⁷ as follows.

2 In section 136 (modifications of Part 2 for Northern Ireland) after subsection (10) insert—

3 In section 138 (orders and regulations) after subsection (4) insert—

5 Any power of the Department of Justice in Northern Ireland to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979³³⁸.

6 An order or regulations under any of sections 83 to 86 or section 130 may not be made by the Department of Justice unless a draft of the order or regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

7 Section 41(3) of the Interpretation Act (Northern Ireland) 1954³³⁹ applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

8 Any other order or regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³⁴⁰).

9 Orders or regulations made by the Department of Justice may—

a make different provision for different purposes;

b include supplementary, incidental, consequential, transitional, transitory or saving provisions.

Criminal Justice Act 2003¶

^I45478

1 Amend the Criminal Justice Act 2003³⁴¹ as follows.

2 In section 50(10) (application of Part 7 to Northern Ireland), after “47(8)” insert

3 In section 97 (application of Criminal Appeal Acts to proceedings under Part 10)—

a omit the words “or the Criminal Appeal (Northern Ireland) Act 1980 (c.47)”;

b the remaining words become subsection (1);

c in subsection (1) after “to proceedings” insert “in England and Wales”;

d after subsection (1) insert—

4 After section 330 insert—

330A Orders: Northern Ireland

1 Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979³⁴³.

2 The Department of Justice shall not make any order—

a making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or

b under section 336(3) bringing section 43 into force,

unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

3 Section 41(3) of the Interpretation Act (Northern Ireland) 1954³⁴⁴ applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

4 Any other order made by the Department of Justice under section 333, or an order made by the Department of Justice under section 47(8) or 97(2), is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³⁴⁵).

5 Any power of the Department of Justice to make an order under this Act—

a may be exercised so as to make different provision for different purposes or different areas, and

b may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes.

6 The power includes power to make—

a any supplementary, incidental or consequential provision, and

b any transitory, transitional or saving provision,

which the Department of Justice considers necessary or expedient.

5 In section 333 (supplementary and consequential provision, etc.)—

a after subsection (1) insert—

;

b in subsection (3) after “330(4)(b)” insert “or 330A(6)(b)”.

6 In section 336 (commencement) after subsection (4) insert—

Commissioner for Children and Young People (Northern Ireland) Order 2003¶

^I45579

1 Amend the Commissioner for Children and Young People (Northern Ireland) Order 2003³⁴⁶ as follows.

2 In paragraph 13 of Schedule 1 (relevant authorities) for “Secretary of State” substitute “Department of Justice”.

Justice (Northern Ireland) Act 2004¶

^I45680 Amend the Justice (Northern Ireland) Act 2004³⁴⁷ as follows.

^I45781

1 Amend section 8 (guidance on human rights standards) as follows.

2 In subsection (3)(b) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

3 After subsection (3) insert—

4 In subsection (4)—

a for “Northern Ireland Office” (in both places) substitute “Department of Justice”;

b in paragraph (e)—

i omit “functions exercised by”;

ii before sub-paragraph (i) insert—

;

iii at the beginning of each of sub-paragraphs (i) to (v) insert “functions exercised by”.

^I45882

1 Amend section 21 (statutory rules) as follows.

2 In subsection (2) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

3 After subsection (2) insert—

4 In subsection (3) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

Gender Recognition Act 2004¶

^I45983

1 Amend section 22 of the Gender Recognition Act 2004³⁴⁹ (prohibition on disclosure of information) as follows.

2 After subsection (6) insert—

Domestic Violence, Crime and Victims Act 2004¶

^I46084 Amend the Domestic Violence, Crime and Victims Act 2004³⁵¹ as follows.

^I46185

1 Amend section 9 (establishment and conduct of domestic homicide reviews) as follows.

2 After subsection (3) insert—

3 In subsection (6)—

a after “may” insert “, in relation to England and Wales,”;

b for “(4)” substitute “(4)(a)”.

4 After subsection (6) insert—

^I46286

1 Amend section 18A (appeals in respect of hearings under section 18(1)(b)), as it applies to Northern Ireland by virtue of section 21 and paragraph 1 of Schedule 1, as follows.

2 In subsection (7) for “Secretary of State” substitute “Department of Justice”.

3 Omit subsection (8).

^I46387 In section 56 (grants for assisting victims, witnesses etc.) after subsection (2) insert—

^I46488

1 Amend section 61 (orders) as follows.

2 In subsection (2) after “power” insert “of the Secretary of State”.

3 After subsection (4) insert—

Constitutional Reform Act 2005¶

^I46589

1 Amend the Constitutional Reform Act 2005³⁵⁴ as follows.

2 In sections 27(2)(e) and 28(5)(e) (consultation during selection process for judge of Supreme Court) for “Secretary of State for Northern Ireland” substitute “Northern Ireland Judicial Appointments Commission”.

Police and Justice Act 2006¶

^I46690

1 Amend the Police and Justice Act 2006³⁵⁵ as follows.

2 In section 13(2)(b) (supply of information to police etc. by Registrar General: exercise of power to make order under section 13(1)(d)) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

3 In section 49 (orders and regulations) after subsection (8) insert—

Counter-Terrorism Act 2008¶

^I46791

1 Amend the Counter-Terrorism Act 2008³⁵⁶ as follows.

2 In section 45(3)(a)(vi) (sentences or orders triggering notification requirements) for “Secretary of State” substitute “Minister in charge of the Department of Justice”.

3 In section 53(2)(c)(v) (period for which notification requirements apply) for “Secretary of State” substitute “Minister in charge of the Department of Justice”.

Taxis Act (Northern Ireland) 2008¶

^I46892

1 Amend the Taxis Act (Northern Ireland) 2008³⁵⁷ as follows.

2 In section 42(1) (regulations concerning seized vehicles and equipment) for “Secretary of State” substitute “Department of Justice”.

3 In section 56 (orders and regulations)—

a in subsection (2) for “Secretary of State” substitute “Department of Justice”;

b in subsection (4) for “Subject to subsection (5), an” substitute “An”;

c omit subsection (5).

Coroners and Justice Act 2009¶

^I46993 Amend the Coroners and Justice Act 2009³⁵⁸ as follows.

^I47094

1 Amend section 74 (anonymity in investigations: qualifying offences) as follows.

2 In subsection (4) for “Secretary of State” substitute “appropriate authority”.

3 In subsection (5), at the appropriate place, insert—

^I47195

1 Amend section 75 (anonymity in investigations: qualifying investigations) as follows.

2 After subsection (4) insert—

^I47296

1 Amend section 77 (anonymity in investigations: applications) as follows.

2 After subsection (8) insert—

^I47397

1 Amend section 78 (anonymity in investigations: conditions for making order) as follows.

2 In subsection (10) for “Secretary of State” substitute “appropriate authority”.

3 After subsection (11) insert—

^I47498

1 Amend section 83 (review of Chapter 1 of Part 3) as follows.

2 In subsection (1) after “Chapter” insert “in England and Wales”.

3 After subsection (2) insert—

^I47599 In section 161 (exploitation proceeds orders: applications) after subsection (5) insert—

^I476100 In section 166 (exploitation proceeds orders: effect of conviction being quashed etc) after subsection (9) insert—

^I477101

1 Amend section 176 (orders etc) as follows.

2 After subsection (2) insert—

3 After subsection (6) insert—

7 No order may be made under this Act by the Department of Justice in Northern Ireland unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

8 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

9 Subsection (7) does not apply to the making by the Department of Justice of—

a an order under section 177 which does not contain any provision amending or repealing any provision of an Act;

b an order under section 182;

and an order within paragraph (a) above made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³⁶²).

^I478102

1 Amend section 177 (consequential amendments etc) as follows.

2 After subsection (3) insert—

^I479103

1 Amend section 182 (commencement) as follows.

2 After subsection (5) insert—

^I480104

1 Amend Schedule 16 (extension of disqualification for driving) as follows.

2 In paragraph 1, in the inserted Article 8A(10), for the words from “annulment” to “accordingly” substitute “negative resolution”.

3 In paragraph 4, in the inserted Article 40A—

a in paragraph (9) for “Secretary of State” substitute “Department of Justice”;

b in paragraph (10) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Policing and Crime Act 2009¶

^I481105 Amend the Policing and Crime Act 2009³⁶⁴ as follows.

^I482106 After section 113 insert—

113A Northern Ireland: minor and consequential amendments etc

1 In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998³⁶⁵), in sections 112(3) and 113 references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

2 The power of the Department of Justice to make an order under section 112 or 113 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

3 Section 112(6) to (8) does not apply in relation to the power of the Department of Justice to make an order under section 112.

4 The Department of Justice may not make an order under section 112 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

5 Subsection (4) does not apply to an order if the order does not amend or repeal a provision of a public general Act.

6 An order made by the Department of Justice under section 112 to which subsection (4) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

7 Section 112(9) applies for the purposes of subsection (5) as it applies for the purposes of section 112(7).

8 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

^I483107

1 Amend section 116 (commencement) as follows.

2 After subsection (1) insert—

3 In subsection (2) after “Secretary of State” insert “(but not the Department of Justice)”.

4 In subsection (7)(a) after “instrument” insert “(subject to subsection (8))”.

5 After subsection (7) insert—

^I484108

1 Amend Schedule 2 (closure orders) as follows.

2 In paragraph 1, in the inserted section 136R, after subsection (8) insert—

3 In paragraph 2 for “subsection (2)” substitute “subsections (2) and (6)”.

SCHEDULE 15 ¶

Serious Organised Crime and Police Act 2005

Article 13

^I4851 Amend the Serious Organised Crime and Police Act 2005³⁶⁶ as follows.

^I4862

1 Amend section 6 (annual plans) as follows.

2 In subsection (7) after paragraph (b) insert—

3 In subsection (9)—

a omit the word “and” at the end of paragraph (a); and

b after paragraph (a) insert—

^I4873

1 Amend section 7 (annual reports) as follows.

2 In subsection (4) after paragraph (b) insert—

3 After subsection (7) insert—

^I4884 After section 8 insert—

^I4895 In section 9(2) (strategic priorities for SOCA)—

a omit the word “and” at the end of paragraph (b); and

b after paragraph (b) insert—

^I4906

1 Amend section 10 (codes of practice for SOCA) as follows.

2 In subsection (3)—

a omit the word “and” at the end of paragraph (b); and

b after paragraph (b) insert—

3 After subsection (7) insert—

^I4917 In section 11 (reports to Secretary of State) after subsection (3) insert—

^I4928 In section 12 (power to direct submission of action plan) after subsection (6) insert—

^I4939 In section 13 (revision of inadequate action plan) after subsection (3) insert—

^I49410 In section 15 (reports relating to directions under section 12)—

a in subsection (4)(b) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”; and

b after subsection (5) insert—

^I49511

1 Amend section 16 (inspections of SOCA) as follows.

2 After subsection (3) insert—

3 In subsection (9) after paragraph (b) insert—

4 In subsection (11) after paragraph (b) insert—

^I49612 In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements) after subsection (10) insert—

^I49713

1 Amend section 24 (mutual assistance between SOCA and law enforcement agencies: directed arrangements) as follows.

2 In subsection (2)(a) omit “or Northern Ireland”.

3 In subsection (2)(c) after “Scottish Administration” insert “or a Northern Ireland department”.

^I49814 After section 25 insert—

25A Directed arrangements: Northern Ireland

1 This section applies where it appears to the Department of Justice in Northern Ireland—

a that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within subsection (2),

b that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and

c that satisfactory arrangements cannot be made, or cannot be made in time, under section 23.

2 The bodies within this subsection are—

a the Police Service of Northern Ireland, and

b the Police Service of Northern Ireland Reserve.

3 In a case where this section applies the Department of Justice in Northern Ireland may (as appropriate)—

a direct the Chief Constable of the Police Service of Northern Ireland to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;

b with the agreement of the Secretary of State, direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.

4 Subsections (6) to (9) and (10A) of section 23 apply in relation to assistance provided under this section—

a by SOCA to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, or

b to SOCA by the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

as they apply in relation to assistance so provided under that section.

^I49915 In section 26 (use by SOCA of police premises etc.) after subsection (6) insert—

^I50016 In section 41 (directions) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

^I50117 In section 47(5)(a) (agreement about exercise of powers of constable in Northern Ireland) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

^I50218 In section 52 (modification of enactments) after subsection (7) insert—

^I50319

1 Amend section 74 (assistance by defendant: review of sentence) as follows.

2 In subsection (12) for the words from “the Secretary of State” to the end substitute—

^I50420 In section 82(6) (protection of persons involved in investigations or proceedings) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

^I50521 In section 87 (defences to liability under section 86)—

a in subsection (5) omit “or in Northern Ireland”; and

b after subsection (6) insert—

^I50622 In section 89 (defences to liability under section 88)—

a in subsection (5) omit “or in Northern Ireland”; and

b after subsection (6) insert—

^I50723

1 Amend section 97 (confiscation orders) as follows.

2 In subsection (1) omit—

a the “or” after paragraph (a),

b paragraph (b), and

c the words “or Northern Ireland (as the case may be)”.

3 After subsection (1) insert—

4 In subsections (2) and (3) after “(1)” insert “or (1A)”.

5 In subsection (3)—

a after “2002 Act” insert “(as the case may be)”;

b for “either (or any provision) of those Parts” substitute “that Part (or any provision of that Part)”.

^I50824 In section 172 (orders and regulations) after subsection (8) insert—

9 Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979³⁷¹.

10 Any such power—

a may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

b includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Department of Justice considers appropriate.

11 Subject to subsections (12) and (13), orders made by the Department of Justice under this Act are to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954³⁷²).

12 Subsection (11) does not apply to any order under section 178.

13 Subsection (11) also does not apply to—

a any order under section 52;

b any order under section 87(6A);

c any order under section 89(6A);

d any order under section 97(1A);

e any order under section 173 which amends or repeals any provision of an Act,

and no such order may be made by the Department of Justice (whether alone or with other provisions) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

14 Section 41(3) of the Interpretation Act (Northern Ireland) 1954³⁷³ applies for the purposes of subsection (13) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

^I50925 In section 173 (supplementary, incidental, consequential etc. provision) after subsection (6) insert—

6A Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.

6B The power conferred by subsection (1) is exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made is for the general purposes of this Act and would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.

6C The power conferred by subsection (1) is also exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made—

a is for the purposes of, in consequence of, or for giving full effect to—

i section 78, or

ii so far as extending to Northern Ireland, any provision mentioned in section 178(7A), and

b would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.

6D The Department of Justice shall not, without the consent of the Secretary of State, make an order by virtue of subsection (6B) or (6C) in relation to which, were the order a Bill of the Northern Ireland Assembly, the Secretary of State’s consent would be required under section 8 of the Northern Ireland Act 1998³⁷⁴.

^I51026

1 Amend section 178 (commencement) as follows.

2 After subsection (7) insert—

3 After subsection (11) insert—

^I51127

1 Amend Schedule 1 (SOCA) as follows.

2 In paragraph 1(4) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

3 In paragraph 9(3)—

a omit the word “and” at the end of paragraph (a); and

b after paragraph (b) insert—

4 In paragraph 10(6)—

a omit the word “and” at the end of paragraph (a); and

b after paragraph (b) insert—

SCHEDULE 16 ¶

Amendments relating to the Private Security Industry

Article 14

Private Security Industry Act 2001¶

^I5121 Amend the Private Security Industry Act 2001³⁷⁵ as follows.

^I5132

1 Amend section 2 (directions etc. by the Secretary of State) as follows.

2 After subsection (2) insert—

3 In subsection (3)—

a at the end of paragraph (b) insert “and”; and

b after paragraph (b) insert—

^I5143 In section 3 (conduct prohibited without a licence), after subsection (3A) insert—

^I5154 In section 7(5A) (licensing criteria) after “Scottish Ministers” insert “and the Department of Justice”.

^I5165

1 Amend section 24 (orders and regulations) as follows.

2 In subsection (1A) after “Scottish Ministers” insert “; and in Northern Ireland “prescribed” in that paragraph includes prescribed by regulations made by the Department of Justice”.

3 After subsection (3A) insert—

4 In subsection (4) before “and the Authority” insert “, the Department of Justice”.

5 After subsection (4) insert—

6 In subsection (5)(b), in the parentheses, after “Scottish Ministers think fit” insert “, or where the order is, or the regulations are, made by the Department of Justice, as the Department of Justice thinks fit”.

^I5176 In section 25(1) (interpretation) after the definition of “contravention” insert—

^I5187

1 Amend Schedule 1 (the Security Industry Authority) as follows.

2 In paragraph 1(4) after “Scottish Ministers” insert “and the Department of Justice”.

3 In paragraph 3(2) after “Scottish Ministers” insert “and the Department of Justice”.

4 In paragraph 6(2A) after “Scottish Ministers” insert “and the Department of Justice”.

5 In paragraph 14 after sub-paragraph (1A) insert—

6 In paragraph 16—

a in sub-paragraph (3) after “Scottish Ministers” insert “, to the Department of Justice”; and

b after sub-paragraph (3A) insert—

7 In paragraph 17—

a in sub-paragraph (1) for “and to the Scottish Ministers” substitute “, the Scottish Ministers and the Department of Justice”; and

b after sub-paragraph (3) insert—

SCHEDULE 17 ¶

Enactments under which functions of Lord Chancellor are transferred to the Department of Justice

Article 15(1)

Acts of the Parliament of the United Kingdom¶

^I5191 Maintenance Orders (Facilities for Enforcement) Act 1920³⁸⁰ so far as relating to Northern Ireland.

^I5202 Arbitration (International Investment Disputes) Act 1966³⁸¹ so far as relating to Northern Ireland.

^I5213 Paragraph 13 of Schedule 3 to the Misuse of Drugs Act 1971³⁸² so far as relating to Northern Ireland.

^I5224 Maintenance Orders (Reciprocal Enforcement) Act 1972³⁸³ so far as relating to Northern Ireland, except section 49(2).

^I5235 Litigants in Person (Costs and Expenses) Act 1975³⁸⁴ so far as relating to Northern Ireland.

^I5246 The following provisions of the Judicature (Northern Ireland) Act 1978³⁸⁵—

a section 7(4)³⁸⁶, so far as relating to the payment (but not the determination) of remuneration and allowances;

b sections 47(5)³⁸⁷ and 53(1)(f) and (2)³⁸⁸;

c section 53A³⁸⁹, except so far as relating to the functions of the Lord Chancellor in relation to Crown Court rules which deal (or would deal) with an excepted matter;

d section 54(1)(c), (5)³⁹⁰ and (6);

e section 55A³⁹¹, except so far as relating to the functions of the Lord Chancellor in relation to rules which deal (or would deal) with an excepted matter;

f sections 56(4)³⁹², 68(3), (5) and (6) and 68A³⁹³;

g section 74(5)³⁹⁴, so far as relating to the payment (but not the determination) of remuneration and allowances;

h sections 75(1), (7) and (9)³⁹⁵, 77(1)³⁹⁶, 79(1)³⁹⁷, 81(a)(iv)³⁹⁸, 82(1), 85³⁹⁹, 102(2), 103(6), (7) and (9)⁴⁰⁰ and 116(1) and (2);

i section 117A⁴⁰¹, so far as relating to the payment (but not the determination) of allowances;

j paragraph 9 of Schedule 6⁴⁰².

^I5257 Criminal Appeal (Northern Ireland) Act 1980⁴⁰³.

^I5268 Civil Jurisdiction and Judgments Act 1982⁴⁰⁴ so far as relating to Northern Ireland.

^I5279 Section 25(3)(c) of the Administration of Justice Act 1982⁴⁰⁵.

^I52810 Section 4F(3)(c) of the Repatriation of Prisoners Act 1984⁴⁰⁶.

^I52911 Multilateral Investment Guarantee Agency Act 1988⁴⁰⁷ so far as relating to Northern Ireland.

^I53012 Social Security Administration (Northern Ireland) Act 1992⁴⁰⁸, except functions transferred by virtue of paragraph 24 of Schedule 4 to the Northern Ireland Act 2009⁴⁰⁹.

^I53113 Arbitration Act 1996⁴¹⁰ so far as relating to Northern Ireland.

^I53214 Defamation Act 1996⁴¹¹ so far as relating to Northern Ireland.

^I53315 Damages Act 1996⁴¹² so far as relating to Northern Ireland.

^I53416 Paragraph 39(6) of Schedule 10 to the Northern Ireland Act 1998⁴¹³.

^I53517 Sections 2(2), 9A(2), 10(4) and 12(1B)(c) of, and paragraphs 1(2), 5, 6, 7, 10(3), 11, 13, 14 and 15 of Schedule 3A and paragraphs 4 and 5 of Schedule 4 to, the Justice (Northern Ireland) Act 2002⁴¹⁴.

^I53618 Section 221(3)(b) of the Proceeds of Crime Act 2002⁴¹⁵.

^I53719 The following provisions of the Courts Act 2003⁴¹⁶—

a section 102;

b section 109, so far as relating to Northern Ireland.

^I53820 Schedule 3 to the Justice (Northern Ireland) Act 2004⁴¹⁷.

^I53921 The following provisions of the Civil Partnership Act 2004⁴¹⁸—

a section 188;

b Schedules 15 to 17.

^I54022 Paragraphs 9(1), 12(1) and 14(2) and (3) of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007⁴¹⁹.

^I54123 Sections 132(1) and 163(1) of the Banking Act 2009⁴²⁰ so far as relating to Northern Ireland.

Acts of the Parliament of Northern Ireland¶

^I54224 Administration of Justice Act (Northern Ireland) 1954⁴²¹.

^I54325 Coroners Act (Northern Ireland) 1959⁴²², except for sections 2(1) and 36.

^I54426 Costs in Criminal Cases Act (Northern Ireland) 1968⁴²³.

^I54527 Children and Young Persons Act (Northern Ireland) 1968⁴²⁴.

Orders in Council¶

^I54628 Family Law Reform (Northern Ireland) Order 1977⁴²⁵.

^I54729 Fatal Accidents (Northern Ireland) Order 1977⁴²⁶.

^I54830 Rates (Northern Ireland) Order 1977⁴²⁷, except functions which are transferred by virtue of paragraph 9 of Schedule 4 to the Northern Ireland Act 2009⁴²⁸.

^I54931 Matrimonial Causes (Northern Ireland) Order 1978⁴²⁹.

^I55032 Administration of Estates (Northern Ireland) Order 1979⁴³⁰.

^I55133 County Courts (Northern Ireland) Order 1980⁴³¹, except for Article 47 so far as relating to the functions of the Lord Chancellor in relation to county court rules which deal (or would deal) with an excepted matter.

^I55234 Domestic Proceedings (Northern Ireland) Order 1980⁴³².

^I55335 Judgments Enforcement (Northern Ireland) Order 1981⁴³³.

^I55436 Legal Aid, Advice and Assistance (Northern Ireland) Order 1981⁴³⁴.

^I55537 Magistrates’ Courts (Northern Ireland) Order 1981⁴³⁵, except for Article 13(3A) to (3D) so far as relating to the functions of the Lord Chancellor in relation to magistrates’ courts rules which deal (or would deal) with an excepted matter.

^I55638 Forfeiture (Northern Ireland) Order 1982⁴³⁶.

^I55739 Mental Health (Northern Ireland) Order 1986⁴³⁷, except functions which are transferred by virtue of paragraph 20 of Schedule 4 to the Northern Ireland Act 2009⁴³⁸.

^I55840 Matrimonial and Family Proceedings (Northern Ireland) Order 1989⁴³⁹.

^I55941 Police and Criminal Evidence (Northern Ireland) Order 1989⁴⁴⁰.

^I56042 Child Support (Northern Ireland) Order 1991⁴⁴¹, except for paragraph 4 of Schedule 4 so far as relating to the determination (but not the payment) of pensions.

^I56143 Family Law (Northern Ireland) Order 1993⁴⁴².

^I56244 Children (Northern Ireland) Order 1995⁴⁴³.

^I56345 Juries (Northern Ireland) Order 1996⁴⁴⁴.

^I56446 Road Traffic Offenders (Northern Ireland) Order 1996⁴⁴⁵.

^I56547 Family Homes and Domestic Violence (Northern Ireland) Order 1998⁴⁴⁶.

^I56648 Road Traffic (New Drivers) (Northern Ireland) Order 1998⁴⁴⁷.

^I56749 Social Security (Northern Ireland) Order 1998⁴⁴⁸, except functions which are transferred by virtue of paragraphs 29 to 31 of Schedule 4 to the Northern Ireland Act 2009⁴⁴⁹.

^I56850 Fair Employment and Treatment (Northern Ireland) Order 1998⁴⁵⁰, except functions which are transferred by virtue of paragraph 32 of Schedule 4 to the Northern Ireland Act 2009⁴⁵¹.

^I56951 Criminal Evidence (Northern Ireland) Order 1999⁴⁵².

^I57052 Insolvency (Northern Ireland) Order 2002⁴⁵³.

^I57153 Access to Justice (Northern Ireland) Order 2003⁴⁵⁴, except for paragraph 17 of Schedule 1.

^I57254 Insolvency (Northern Ireland) Order 2005⁴⁵⁵.

^I57355 Traffic Management (Northern Ireland) Order 2005⁴⁵⁶, except functions which are transferred by virtue of paragraph 42 of Schedule 4 to the Northern Ireland Act 2009⁴⁵⁷.

^I57456 Article 61(6) of the Criminal Justice (Northern Ireland) Order 2008⁴⁵⁸.

Acts of the Northern Ireland Assembly¶

^I57557 Paragraph 20 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000⁴⁵⁹.

^I57658 The following provisions of the Charities Act (Northern Ireland) 2008⁴⁶⁰—

a section 13;

b paragraph 6 of Schedule 2.

SCHEDULE 18 ¶

Amendments relating to Article 15(1) to (4) etc

Article 15(5)

PART 1 Acts of the Parliament of the United Kingdom¶

Arbitration (International Investment Disputes) Act 1966¶

^I5771

1 Amend the Arbitration (International Investment Disputes) Act 1966⁴⁶¹ as follows.

2 In section 8 (application to Northern Ireland) after paragraph (b) insert—

Misuse of Drugs Act 1971¶

^I5782 Amend the Misuse of Drugs Act 1971⁴⁶³ as follows.

^I5793 In paragraph 21 of Schedule 3 (application to Northern Ireland), in the entry for paragraph 13—

a after “Minister of Home Affairs for Northern Ireland” insert “and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland”;

b in the inserted sub-paragraph (3) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

Maintenance Orders (Reciprocal Enforcement) Act 1972¶

^I5804 Amend the Maintenance Orders (Reciprocal Enforcement) Act 1972⁴⁶⁴ as follows.

^I5815 In sections 14(2)(b) and 38(3)(b) (obtaining evidence) for “Parliament” substitute “the Northern Ireland Assembly”.

^I5826

1 Amend section 48 (special provisions relating to Northern Ireland) as follows.

2 Omit subsection (1).

3 After subsection (5) insert—

Litigants in Person (Costs and Expenses) Act 1975¶

^I5837 Amend the Litigants in Person (Costs and Expenses) Act 1975⁴⁶⁵ as follows.

^I5848 For section 1(5) (costs or expenses recoverable: application to Northern Ireland) substitute—

Aircraft and Shipbuilding Industries Act 1977¶

^F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicature (Northern Ireland) Act 1978¶

^I58510 Amend the Judicature (Northern Ireland) Act 1978⁴⁶⁹ as follows.

^I58611

1 Amend section 3 (the Court of Appeal) as follows.

2 Omit subsection (5).

3 For subsection (6) substitute—

^I58712 In section 5(2) (divisions of the High Court)—

a for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b for “such Order in Council” substitute “such order”.

^I58813 In section 7(4) (further assistance for transaction of judicial business) for “there may be paid” substitute “the Department of Justice shall pay”.

^I58914 In section 53A (making of Crown Court rules)—

a after subsection (1) insert—

;

b for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c in subsection (3) for “him” substitute “it”;

d in subsections (5) and (6) for “he” substitute “it”.

^I59015 In section 55A (making of rules for High Court and Court of Appeal)—

a after subsection (1) insert—

;

b for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c in subsections (3), (4) and (5) for “him” substitute “it”;

d in subsections (5) and (6) for “he” (wherever occurring) substitute “it”.

^I59116 In section 56 (control and publication of rules) for subsection (1) substitute—

^I59217 In section 62 (trial with and without jury)—

a in subsection (6) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b omit subsection (7).

^I59318 In section 68A (duty to secure system to support courts’ business)—

a in the heading for “Lord Chancellor’s duty” substitute “Department of Justice’s duty”;

b in subsection (2) for “both Houses of Parliament” substitute “the Northern Ireland Assembly”;

c after subsection (2) insert—

^I59419 In section 70 (appointment of statutory officers) after subsection (1B) insert—

^I59520 In section 74(5) (deputies and temporary appointments)—

a for “The Lord Chancellor may pay” substitute “The Department of Justice shall pay”;

b for “as he may” substitute “as the Lord Chancellor may”.

^I59621 In section 75(8) (Official Solicitor) for “of the State for the purposes of section 1 of the Superannuation Act 1972 (Principal Civil Service Pension Scheme)” substitute “of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972⁴⁷³”.

^I59722

1 In section 78 (accounts of funds in court)—

a in subsection (1)(b) for “Treasury” substitute “Department of Finance and Personnel”;

b in subsections (2) and (3) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c in subsection (3) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d after subsection (4) insert—

2 Sub-paragraph (1) above does not apply in relation to an accounting period ending before the coming into force of this Order.

^I59823 In section 85 (provision for default to be made good) for “Consolidated Fund” substitute “Consolidated Fund of Northern Ireland”.

^I59924 In section 97 (civil jurisdiction exercisable by circuit registrars)—

a in subsection (2) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b in subsection (3)—

i for “Order in Council” substitute “order”;

ii for “Her Majesty” substitute “the Department of Justice”;

c omit subsection (4).

^I60025 In section 117A (allowances for judges) for “The Lord Chancellor shall pay” substitute “The Department of Justice shall pay”.

^I60126

1 Section 119 (subordinate legislation) (as amended by the Northern Ireland Act 2009⁴⁷⁴ and the Department of Justice Act (Northern Ireland) 2010⁴⁷⁵) is amended as follows.

2 For subsections (1) to (3) substitute—

3 In subsection (4)—

a omit “and any power conferred by this Act to make an Order in Council”;

b for “or Order in Council by a subsequent order or Order in Council” substitute “by a subsequent order”.

^I60227 In section 121(1) (financial provisions) for “government department” substitute “department of the Government of the United Kingdom”.

Civil Jurisdiction and Judgments Act 1982¶

^I60328 Amend the Civil Jurisdiction and Judgments Act 1982⁴⁷⁸ as follows.

^I60429 In section 5(1) (maintenance orders under 1968 Convention)—

a in paragraph (a) omit “and Northern Ireland”;

b after paragraph (b) insert—

^I60530 In section 5A(1) (maintenance orders under Lugano Convention)—

a in paragraph (a) omit “and Northern Ireland”;

b after paragraph (b) insert—

Administration of Justice Act 1982¶

^I60631 Amend the Administration of Justice Act 1982⁴⁷⁹ as follows.

^I60732 In section 25 (regulations as to deposit and registration of wills)—

a in subsection (6) for the words from “Parliament” to “accordingly” substitute “the Northern Ireland Assembly after being made”;

b after subsection (6) insert—

;

c in subsection (7) omit “or (c)”.

^I60833 In section 46 (procedure for making regulations etc)—

a at the end of subsection (1) insert “(subject to subsection (1A))”;

b after subsection (1) insert—

^I60934

1 After section 48 insert—

48A Application of Part VI to Northern Ireland

1 In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.

2 For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.

3 For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.

4 For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.

5 For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.

6 For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.

7 For section 42(5) substitute—

8 For section 45(3) substitute—

2 The following provisions of section 48A (as inserted by sub-paragraph (1) above) do not apply in relation to any accounts that are, in accordance with a direction under section 45(2) given before the coming into force of this Order, required to be prepared for any period ending before the coming into force of this Order—

a subsection (3) so far as it applies for the purposes of section 45;

b subsections (6) and (8).

Child Abduction and Custody Act 1985¶

^I61035 Amend the Child Abduction and Custody Act 1985⁴⁸³ as follows.

^I61136 In section 3 (Central authorities)—

a in subsection (1)(a) omit “and in Northern Ireland”;

b after subsection (1)(b) insert—

;

c for subsection (3) substitute—

^I61237 In sections 6, 21 and 23 (reports) after “Lord Chancellor” (wherever occurring) insert “, the Department of Justice in Northern Ireland”.

^I61338 In section 14 (Central authorities)—

a in subsection (1)(a) omit “and in Northern Ireland”;

b after subsection (1)(b) insert—

;

c for subsection (3) substitute—

^I61439 In section 16 (registration of decisions) for subsection (5) substitute—

Multilateral Investment Guarantee Agency Act 1988¶

^I61540

1 Amend the Multilateral Investment Guarantee Agency Act 1988⁴⁸⁴ as follows.

2 In section 8 (Northern Ireland) after subsection (2) insert—

Child Support Act 1991¶

^I61641 Amend the Child Support Act 1991⁴⁸⁵ as follows.

^I61742 In paragraph 2 of Schedule 4⁴⁸⁶ (remuneration of Child Support Commissioners for Northern Ireland)—

a in sub-paragraph (1)—

i for “Lord Chancellor may” substitute “Department of Justice shall”;

ii for “he” substitute “the Lord Chancellor”;

b in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”.

Tribunals and Inquiries Act 1992¶

^I62348

1 Amend the Tribunals and Inquiries Act 1992⁴⁸⁹ as follows.

2 In section 9 (procedure in connection with statutory inquiries) at the end insert—

3 In section 10 (reasons to be given for decisions of tribunals and Ministers) after subsection (8) insert—

4 In section 13 (power to apply Act to additional tribunals etc) after subsection (5) insert—

5 In section 15 (rules and orders), the existing provision becomes subsection (1), and after that subsection insert—

6 In section 16(1) (interpretation), at the appropriate place, insert—

7 In section 16 (interpretation) after subsection (2) insert—

Judicial Pensions and Retirement Act 1993¶

^I62449 After section 28 of the Judicial Pensions and Retirement Act 1993⁴⁹² insert—

Arbitration Act 1996¶

^I62550

1 Amend the Arbitration Act 1996⁴⁹³ as follows.

2 In section 105(6) (jurisdiction of High Court and county court) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

Defamation Act 1996¶

^I62651 Amend the Defamation Act 1996⁴⁹⁴ as follows.

^I62752 In section 9 (meaning of summary relief)—

a in subsection (3) at the beginning insert “Subject to subsection (4)”;

b after subsection (3) insert—

^I62853 In Schedule 1 (qualified privilege)—

a in paragraph 15—

i for sub-paragraph (1)(a) substitute—

;

ii after sub-paragraph (1)(b) insert—

;

iii in sub-paragraph (2) at the beginning insert “Subject to sub-paragraph (3),”;

iv after sub-paragraph (2) insert—

;

b in paragraph 17—

i for sub-paragraph (2)(a) substitute—

;

ii after sub-paragraph (2)(b) insert—

;

iii in sub-paragraph (3) at the beginning insert “Subject to sub-paragraph (4),”;

iv after sub-paragraph (3) insert—

Damages Act 1996¶

^I62954 Amend the Damages Act 1996⁴⁹⁷ as follows.

^I63055 In section 1 (assumed rate of return on investment of damages) after subsection (5) insert—

^I63156 In section 2A (periodical payments: supplementary) in subsection (6)—

a at the end of paragraph (a) omit “and”;

b after paragraph (b) insert—

^I63257 In section 2B (variation of orders and settlements) after subsection (7) insert—

Northern Ireland Act 1998¶

^I63358

1 Amend the Northern Ireland Act 1998⁵⁰⁰ as follows.

2 In paragraph 39(6) of Schedule 10 (devolution issues: bail and legal aid in criminal proceedings) omit “out of money provided by Parliament”.

Tax Credits Act 2002¶

^I63459 Amend the Tax Credits Act 2002⁵⁰¹ as follows.

^I63560 In section 65(6) (regulations, orders and schemes) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”.

Justice (Northern Ireland) Act 2002¶

^I63661 Amend the Justice (Northern Ireland) Act 2002⁵⁰² as follows.

^I63762 In section 9F⁵⁰³ (procedure for reports by Northern Ireland Judicial Appointments Ombudsman)—

a for subsection (2)(a) and (b) substitute—

;

b in subsection (3)(a) for the words from “by the Lord Chancellor” to the end substitute

;

c in subsection (5) for “Lord Chancellor and” substitute “First Minister and deputy First Minister and to”.

^I63863 In section 47⁵⁰⁴ (further provision about functions of Chief Inspector of Criminal Justice)—

a in subsection (1) omit “, the Lord Chancellor”;

b in subsection (2) omit paragraph (aa);

c omit subsections (5A) and (5B).

^I63964 In section 49⁵⁰⁵ (reports by Chief Inspector of Criminal Justice) omit subsection (6).

^I64065 In section 50 (Northern Ireland Law Commission) omit subsection (5)(a).

^I64166 In section 73 (constitution of Rules Committee)—

a in subsection (1), in the inserted paragraphs (d), (e) and (f) of section 54(1) of the Judicature (Northern Ireland) Act 1978⁵⁰⁶, for “Lord Chancellor” substitute “Department of Justice”;

b in subsection (2), in the amendment of Article 46(1) of the County Courts (Northern Ireland) Order 1980⁵⁰⁷—

i in the inserted sub-paragraphs (d), (e) and (g) for “Lord Chancellor” substitute “Department of Justice”;

ii in the inserted sub-paragraph (f) for “the Lord Chancellor” substitute “that Department”.

^I64267

1 Amend Schedule 2 (Judicial Appointments Commission) as follows.

2 After paragraph 4(2) insert—

3 Omit paragraph 4(3)⁵⁰⁹ (and the Superannuation Act 1972⁵¹⁰ has effect accordingly).

4 Sub-paragraph (3) above does not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Northern Ireland Judicial Appointments Commission before the coming into force of this Order.

5 Sub-paragraph (6) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of paragraph 4(3) of Schedule 2 to the Justice (Northern Ireland) Act 2002⁵¹¹, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

6 In relation to the person’s employment by the Northern Ireland Judicial Appointments Commission after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972⁵¹²; and the person’s terms and conditions of service have effect accordingly.

7 In paragraph 5—

a in sub-paragraph (6) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

b in sub-paragraph (7) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

c after sub-paragraph (7) insert—

8 In paragraph 7—

a in sub-paragraph (2) for “Lord Chancellor directs” substitute “First Minister and deputy First Minister acting jointly direct”;

b in sub-paragraph (3) for “Lord Chancellor” (in both places) substitute “Office of the First Minister and deputy First Minister”;

c in sub-paragraphs (3)(b) and (4) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

d in sub-paragraph (4)(b) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

e after sub-paragraph (4) insert—

9 Sub-paragraph (8) above does not apply in relation to a financial year ending before the coming into force of this Order.

^I64368 In paragraph 15 of Schedule 3A (reports of Northern Ireland Judicial Appointments Ombudsman)—

a in sub-paragraph (4) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

b after sub-paragraph (5) insert—

Courts Act 2003¶

^I64469

1 Amend the Courts Act 2003⁵¹⁴ as follows.

2 In section 102(8) (power to alter judicial titles: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

3 In section 108 (rules, regulations and orders) omit subsection (7)(b).

4 In section 109 (minor and consequential amendments etc) after subsection (8) insert—

9 Any order made by the Department of Justice in Northern Ireland under subsection (4) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979⁵¹⁵.

10 No order containing any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act may be made by the Department of Justice in Northern Ireland under subsection (4) unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

11 Section 41(3) of the Interpretation Act (Northern Ireland) 1954⁵¹⁶ applies for the purposes of subsection (10) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

12 Any other order made by the Department of Justice under subsection (4) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954⁵¹⁷).

Extradition Act 2003¶

^I64570

1 Amend the Extradition Act 2003⁵¹⁸ as follows.

2 In sections 61 and 134 (costs where discharge ordered) after subsection (8) insert—

3 In sections 67(1)(c) and 139(1)(c) (appropriate judge) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

4 In section 185(4) (free legal aid: supplementary) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

5 In section 223 (orders and regulations)—

a in subsection (4) after “instrument” insert “(subject to subsection (10))”;

b after subsection (9) insert—

Justice (Northern Ireland) Act 2004¶

^I64671

1 Amend Schedule 3 to the Justice (Northern Ireland) Act 2004⁵²⁰ (court security) as follows.

2 In paragraph 1(3)(a) for “the Lord Chancellor” substitute “that Department”.

3 In paragraph 1(4) for “Lord Chancellor” substitute “Department of Justice”.

4 In paragraph 3(6)(d) for “the Lord Chancellor” substitute “that Department”.

5 In paragraph 5A(5) for “Lord Chancellor” substitute “Department of Justice”.

6 In paragraph 6(1) for “Lord Chancellor” substitute “Department of Justice”.

Civil Partnership Act 2004¶

^I64772 Amend the Civil Partnership Act 2004⁵²¹ as follows.

^I64873 In section 219 (dissolution etc: power to make provision corresponding to EC Regulation 2201/2003)—

a in subsection (1)(a) and (b) omit “or Northern Ireland”;

b after subsection (1) insert—

;

c in subsection (5) after “(1)(b)” insert “, (1A)(b)”;

d after subsection (6) insert—

^I64974 In section 237 (supplementary provisions relating to recognition of dissolution etc)—

a in subsection (2) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”;

b in subsection (3) after “power” insert “of the Lord Chancellor or the Scottish Ministers”;

c after subsection (4) insert—

^I65075

1 Amend Schedule 15 (financial relief in the High Court or a county court etc: Northern Ireland) as follows.

2 In paragraph 14(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

3 In paragraph 23(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

4 In paragraph 31(3) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

5 In paragraph 50(5) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

^I65176 In paragraph 2(4) of Schedule 16 (financial relief in court of summary jurisdiction: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

^I65277 In paragraph 14(6) of Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc of civil partnership) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

Constitutional Reform Act 2005¶

^I65378 Amend paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005⁵²² (protected functions of the Lord Chancellor) as follows.

^I65479 In Part A omit the entries for—

a section 25(3)(c) of the Administration of Justice Act 1982⁵²³;

b section 91(3)(c) of the Arbitration Act 1996⁵²⁴.

^I65580 In Part B under the heading of the Child Support (Northern Ireland) Order 1991⁵²⁵—

a omit the entries for Articles 25(6)(a) and (7), 26(2)(a), (3)(c) and (5), 48(1) and 51(1);

b for “Schedule 4, paragraphs 1, 1A, 3A(1) and 4” substitute “Schedule 4, paragraph 4”.

^I65681 In Part B omit the entries for—

a sections 1, 5A and 11(3) of the Coroners Act (Northern Ireland) 1959⁵²⁶;

b section 19(3) of the Registration of Deeds Act (Northern Ireland) 1970⁵²⁷;

c sections 53(1)(f) and (2), 54(1), (5) and (6), 56(4), 68(3), (5) and (6), 75(1), (7) and (9), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 1978⁵²⁸;

d Article 33(4C) of the Matrimonial Causes (Northern Ireland) Order 1978⁵²⁹;

e Articles 2(2), 46(1)(d) to (g), 46(4) and (5) and 59 of the County Courts (Northern Ireland) Order 1980⁵³⁰;

f Articles 6A(3), 10(1), 13(5) and 24(7) of the Magistrates’ Courts (Northern Ireland) Order 1981⁵³¹;

g Article 6(2) of the Forfeiture (Northern Ireland) Order 1982⁵³²;

h Article 104(5) of the Mental Health (Northern Ireland) Order 1986⁵³³;

i sections 22(6), 165(2) and 167(1) of, and paragraph 7 of Schedule 2 to, the Social Security Administration (Northern Ireland) Act 1992⁵³⁴;

j paragraphs 2(1)(g), 6 and 9 of Schedule 2 to the Family Law (Northern Ireland) Order 1993⁵³⁵;

k Articles 164(5), 181 and 183(3) of the Children (Northern Ireland) Order 1995⁵³⁶;

l Articles 36(1) and 40(1) and (2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998⁵³⁷;

m Article 7(8) of the Road Traffic (New Drivers) (Northern Ireland) Order 1998⁵³⁸;

n Articles 15(12) and (13) and 74(2) of the Social Security (Northern Ireland) Order 1998⁵³⁹;

o Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998⁵⁴⁰;

p paragraph 20(1) and (6) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000⁵⁴¹;

q sections 2(2), 3(2)(b), 19(4), 50(5) and 51(3) of, and paragraphs 1(2) and (3), 2(3) and (4), 3, 4(1), 5(5) and (6), 6 and 7(2) and (3) of Schedule 2 to, the Justice (Northern Ireland) Act 2002⁵⁴²;

r paragraph 1(3)(a) of Schedule 3 to the Justice (Northern Ireland) Act 2004⁵⁴³.

Forced Marriage (Civil Protection) Act 2007¶

^I65782

1 Amend paragraph 14 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007⁵⁴⁴ (protection against forced marriage: Northern Ireland) as follows.

2 In sub-paragraph (2)(d) for the words from “annulment” to “accordingly)” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

3 In sub-paragraph (3)(d) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

4 After sub-paragraph (3) insert—

Criminal Justice and Immigration Act 2008¶

^I65883 Amend the Criminal Justice and Immigration Act 2008⁵⁴⁶ as follows.

^I65984 In section 82(4)(a) and (b)(vi) (requests to other member States: Northern Ireland) for “Lord Chancellor” substitute “Department of Justice”.

^I66085 In section 83 (procedure on issue of certificate: Northern Ireland)—

a omit subsection (2);

b in subsection (3) for the words from the beginning to “those documents” substitute “The Department of Justice must give the documents mentioned in subsection (3A)”;

c after subsection (3) insert—

;

d in subsection (4) for “Lord Chancellor” substitute “Department of Justice”.

^I66186 In section 84 (requests from other member States: England and Wales) after subsection (6) insert—

^I66287 In section 87 (requests from other member States: Northern Ireland)—

a in subsections (1), (2), (3), (4) and (6) for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b after subsection (6) insert—

^I66388 In section 88(1) and (4) (procedure on receipt of certificate by clerk of petty sessions) for “Lord Chancellor” substitute “Department of Justice”.

^I66489 In section 89(5) (modification of the Magistrates’ Courts (Northern Ireland) Order 1981⁵⁴⁷), in the modification of Article 95 of that Order, for “Lord Chancellor” substitute “Department of Justice”.

^I66590 In section 90 (transfer of certificates to central authority for Scotland)—

a in subsection (1)(a) after “Lord Chancellor” insert “or the Department of Justice”;

b for subsection (1)(b) substitute—

;

c in subsection (2) for the words from “Lord Chancellor” to the end substitute

^I66691 After section 90 insert—

90A Transfer of certificates by Department of Justice to Lord Chancellor and vice versa

1 Subsection (2) applies where—

a the competent authority or central authority of a member State other than the United Kingdom gives the Department of Justice—

i a certificate requesting enforcement under the Framework Decision on financial penalties, and

ii the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or

b the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Department of Justice.

2 The Department of Justice must give the documents to the Lord Chancellor if—

a it is a case to which paragraph 6 of Schedule 18 applies, or

b other than by virtue of that paragraph, the financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1).

3 Subsection (4) applies where—

a the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—

i a certificate requesting enforcement under the Framework Decision on financial penalties, and

ii the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or

4 The Lord Chancellor must give the documents to the Department of Justice if—

a it is a case to which paragraph 7 of Schedule 18 applies, or

b other than by virtue of that paragraph, the financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).

^I66792

1 Amend section 91 (recognition of financial penalties: general) as follows.

2 After subsection (4) insert—

^I66893 In section 92(1) (interpretation), at the appropriate place, insert—

^I66994 In section 147 (orders, rules and regulations)—

a after subsection (1) insert—

;

b in subsection (2) for “such orders or regulations” substitute “orders or regulations falling within subsection (1) or (1A)”;

c in subsection (5)(d) omit “, 83(4)”;

d after subsection (5) insert—

5A Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954⁵⁴⁹).

5B Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

5C Section 41(3) of the Interpretation Act (Northern Ireland) 1954⁵⁵⁰ applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

^I67095

1 Amend Schedule 18 (penalties suitable for enforcement in England and Wales or Northern Ireland) as follows.

2 In paragraph 5—

a in sub-paragraph (2) for “The” substitute “If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the”;

b after sub-paragraph (3) insert—

3 In paragraph 6—

a in sub-paragraph (2) after “(3)” insert “or (4)”;

b in sub-paragraph (3)(a) after “Scotland” insert “or by the Department of Justice under section 90A”;

c after sub-paragraph (3) insert—

4 In paragraph 7—

a in sub-paragraph (2) after “(3)” insert “or (4)”;

b in sub-paragraph (3)(a) and (b) for “Lord Chancellor” substitute “Department of Justice”;

c in sub-paragraph (3)(a) after “Scotland” insert “or by the Lord Chancellor under section 90A”;

d after sub-paragraph (3) insert—

5 In paragraph 8—

b after sub-paragraph (5) insert—

6 If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless—

a it is suitable for enforcement in England and Wales by virtue of sub-paragraph (7) or (8), or

b sub-paragraph (9) applies.

7 The financial penalty is suitable for enforcement in England and Wales if—

a the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

b the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland or Scotland.

8 The financial penalty is suitable for enforcement in England and Wales if—

a the Department of Justice was given the certificate by the central authority for Scotland, and

b the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland.

9 This sub-paragraph applies if—

a the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

b the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland or England and Wales.

^I67196 In paragraph 7 of Schedule 19 after sub-paragraph (3) insert—

Northern Ireland Act 2009¶

^I67297

1 Amend the Northern Ireland Act 2009⁵⁵¹ as follows.

2 Omit paragraph 18 of Schedule 4 (amendment of section 119 of the Judicature (Northern Ireland) Act 1978).

PART 2 Acts of the Parliament of Northern Ireland¶

Administration of Justice Act (Northern Ireland) 1954¶

^I67398

1 Amend the Administration of Justice Act (Northern Ireland) 1954⁵⁵² as follows.

2 In section 14 (power to grant licence for use of courthouse accommodation) omit subsection (2).

3 In sections 19(4) and 20(1), (3) and (5)(ii) (payments) for “Consolidated Fund of the United Kingdom” (wherever occurring) substitute “Consolidated Fund of Northern Ireland”.

Coroners Act (Northern Ireland) 1959¶

^I67499 Amend the Coroners Act (Northern Ireland) 1959⁵⁵³ as follows.

^I675100 At the end of section 2(1) (as substituted by paragraph 2(2) of Schedule 4 to the Northern Ireland Act 2009⁵⁵⁴) (appointment of coroners etc) insert—

^I676101 In section 5 (administrative expenses) for “Parliament of the United Kingdom” substitute “Assembly”.

^I677102 In section 36 (rules and fees)—

a in subsections (1), (1A), (1C) to (1E) and (1G) for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

b in subsection (1)(a) for “him” substitute “it”;

c after subsection (1) insert—

;

d at the end of subsection (1A) insert “or, in relation to rules falling to be made by the Department of Justice, the Department of Finance and Personnel”;

e in subsections (1D) and (1E) for “he” substitute “it”;

f omit subsection (2);

g after subsection (2) insert—

County Courts Act (Northern Ireland) 1959¶

^I678103 Amend the County Courts Act (Northern Ireland) 1959⁵⁵⁶ as follows.

^I679104 In section 106 (salaries and allowances of judges) after subsection (3) insert—

^I680105 In section 107(7) (deputy judges) for “There shall be paid” substitute “The Department of Justice shall pay”.

^I681106 After section 136 insert—

^I682107 Omit section 137 (payments out of voted moneys).

Magistrates’ Courts Act (Northern Ireland) 1964¶

^I683108

1 Amend the Magistrates’ Courts Act (Northern Ireland) 1964⁵⁵⁷ as follows.

2 In section 12 (remuneration of resident magistrates) after subsection (1) insert—

3 In section 168(2) (expenses) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.

Children and Young Persons Act (Northern Ireland) 1968¶

^I684109

1 Amend the Children and Young Persons Act (Northern Ireland) 1968⁵⁵⁸ as follows.

2 In paragraph 8(d) of Schedule 2 (constitution of juvenile courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Registration of Deeds Act (Northern Ireland) 1970¶

^I685110

1 Amend the Registration of Deeds Act (Northern Ireland) 1970⁵⁵⁹ as follows.

2 In section 19 (regulations)—

a in subsection (3) omit “of the Lord Chancellor, with the concurrence of the Department of Economic Development,”;

b omit subsection (4).

PART 3 Orders in Council¶

Family Law Reform (Northern Ireland) Order 1977¶

^I686111

1 Amend the Family Law Reform (Northern Ireland) Order 1977⁵⁶⁰ as follows.

2 In Article 10(2) (power to provide for manner of giving effect to direction for use of blood tests) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Fatal Accidents (Northern Ireland) Order 1977¶

^I687112

1 Amend the Fatal Accidents (Northern Ireland) Order 1977⁵⁶¹ as follows.

2 In Article 3A(5) (power to vary sum to be awarded as damages for bereavement) for “The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament,” substitute “The Department of Justice may by order subject to negative resolution”.

Rates (Northern Ireland) Order 1977¶

^I688113

1 Amend the Rates (Northern Ireland) Order 1977⁵⁶² as follows.

2 In paragraph 7(3) of Schedule 9B (Valuation Tribunal: rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Matrimonial Causes (Northern Ireland) Order 1978¶

^I689114

1 Amend the Matrimonial Causes (Northern Ireland) Order 1978⁵⁶³ as follows.

2 In Article 26B(2) (pension sharing orders: duty to stay) for the words from “annulment” to “accordingly” substitute “negative resolution”.

3 In Article 27D(2B) (pensions: supplementary) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4 In Article 27E(10) (Pension Protection Fund) for the words from “annulment” to “accordingly” substitute “negative resolution”.

5 In Article 33(4D) (variation etc of certain orders for financial relief) for the words from “annulment” to “accordingly” substitute “negative resolution”.

County Courts (Northern Ireland) Order 1980¶

^I690115 Amend the County Courts (Northern Ireland) Order 1980⁵⁶⁴ as follows.

^I691116 In Article 2(2) (interpretation), in the definition of “chief clerk”, for “the Lord Chancellor” substitute “that Department”.

^I692117 In Article 22(2) (power to increase civil jurisdiction of county courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I693118 In Article 47 (making of county court rules)—

a after paragraph (1) insert—

;

b for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c in paragraph (4) for “him” substitute “it”;

d in paragraphs (6) and (8) for “he” substitute “it”.

^I694119 In Article 67 (financial provisions) for “the Parliament of the United Kingdom” substitute “the Assembly”.

Domestic Proceedings (Northern Ireland) Order 1980¶

^I695120

1 Amend the Domestic Proceedings (Northern Ireland) Order 1980⁵⁶⁶ as follows.

2 In Article 4(4) (powers of court to make orders for financial provision) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Judgments Enforcement (Northern Ireland) Order 1981¶

^I696121 Amend the Judgments Enforcement (Northern Ireland) Order 1981⁵⁶⁷ as follows.

^I697122 In Article 2(2) (interpretation)—

a in the definition of “the Chief Enforcement Officer” for “the Lord Chancellor” substitute “that Department”;

b in the definition of “enforcement officer” for “the Lord Chancellor” substitute “that Department”.

^I698123 In Article 5(2) (power to apply Order to other judgments) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I699124 For Article 7(1) (Enforcement of Judgments Office) substitute—

^I700125 In Article 72(5) (attachment of moneys in a bank or other deposit-taking institution) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I701126 In Article 72A(4) (clerical and administrative costs of garnishees) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I702127 In Article 124 (conduct of prosecutions) for “the Lord Chancellor” substitute “that Department”.

^I703128 In Article 141(3) (Judgment Enforcement Rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I704129 In Article 142 (financial provision) for “the Parliament of the United Kingdom” substitute “the Assembly”.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981¶

^I705130

1 Amend the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981⁵⁶⁸ as follows.

2 In Article 22(6) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

3 In Article 36 (expenses of free legal aid and making of rules)—

a in paragraph (1) for “Parliament” substitute “the Assembly”;

b in paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4 In paragraph 7 of Schedule 2 (remuneration of persons giving legal aid under Part 2 of Order) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Magistrates’ Courts (Northern Ireland) Order 1981¶

^I706131 Amend the Magistrates’ Courts (Northern Ireland) Order 1981⁵⁶⁹ as follows.

^I707132 In Article 6A(5) (costs in legal proceedings) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I708133 In Article 13 (magistrates’ courts rules)—

a after paragraph (3) insert—

;

b in paragraphs (3A) and (3D) for “Lord Chancellor” substitute “relevant authority”;

c in paragraph (3B)—

i for “Lord Chancellor” substitute “relevant authority”;

ii for “he” substitute “it”.

^I709134 In Article 24(7) (non-appearance of accused: plea of guilty) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I710135 In Article 85(12) (orders for periodical payment: means of payment) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I711136 In Article 86A(6) (interest on arrears) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I712137 In Articles 139(1) and (3) and 151(2) (payments) (wherever occurring) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.

^I713138 In Article 150(1) and (2) (abandonment of appeal to county court or by way of case stated) for “the Lord Chancellor” substitute “that Department”.

^I714139 In Article 167(2) (expenses) for “Lord Chancellor in performing his functions” substitute “Department of Justice in performing its functions”.

Matrimonial and Family Proceedings (Northern Ireland) Order 1989¶

^I715140

1 Amend the Matrimonial and Family Proceedings (Northern Ireland) Order 1989⁵⁷¹ as follows.

2 In Article 25(5) (application to certain orders of certain provisions of Part 3 of the principal Order) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Insolvency (Northern Ireland) Order 1989¶

^I716141 Amend the Insolvency (Northern Ireland) Order 1989⁵⁷² as follows.

^I717142

1 Amend Article 359 (insolvency rules) as follows.

2 In paragraphs (1) and (2)(d) for “Lord Chancellor” substitute “Department of Justice”.

3 In paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I718143 In Article 360(1) (committee to review rules under Article 359) for “Lord Chancellor” substitute “Department of Justice”.

^I719144 In Article 364 (insolvent partnerships)—

a in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I720145 In Article 365 (insolvent estates of deceased persons)—

a in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I721146

1 In this paragraph “relevant function” means a function under Article 359 conferred by virtue of—

a section 134 or 167 of the Banking Act 2009⁵⁷³, or

b article 17 of the Building Societies (Insolvency and Special Administration) Order 2009⁵⁷⁴.

2 Any relevant function of the Lord Chancellor is transferred to the Department of Justice.

3 Any relevant function of the Treasury is transferred to the Department of Finance and Personnel in Northern Ireland.

Child Support (Northern Ireland) Order 1991¶

^I722147 Amend the Child Support (Northern Ireland) Order 1991⁵⁷⁵ as follows.

^I723148 In Article 48(1) (regulations and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I724149 In paragraph 4 of Schedule 4 (pensions of Child Support Commissioners)—

a for “Lord Chancellor may” substitute “Department of Justice shall”;

b for “as he may” substitute “as the Lord Chancellor may”.

Family Law (Northern Ireland) Order 1993¶

^I725150

1 Amend the Family Law (Northern Ireland) Order 1993⁵⁷⁶ as follows.

2 For Article 12(4) (family proceedings rules) substitute—

Children (Northern Ireland) Order 1995¶

^I726151

1 Amend the Children (Northern Ireland) Order 1995⁵⁷⁷ as follows.

2 In Article 183 (regulations and orders) for paragraph (3) substitute—

Juries (Northern Ireland) Order 1996¶

^I727152

1 Amend the Juries (Northern Ireland) Order 1996⁵⁷⁸ as follows.

2 In Article 2(2) (interpretation), in the definition of “Juries Officer”, for “the Lord Chancellor” substitute “that Department”.

3 In Article 27(2) (juror’s oath) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4 In Article 30(2) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

5 In Schedule 2 (persons ineligible for jury service) after the entry for “Officers of the Northern Ireland Office or of the Lord Chancellor’s Department” insert the following entry—

Road Traffic Offenders (Northern Ireland) Order 1996¶

^I728153

1 Amend the Road Traffic Offenders (Northern Ireland) Order 1996⁵⁷⁹ as follows.

2 In Article 91 (procedure for making regulations and orders)—

a in paragraph (2) omit “Subject to paragraph (3),”;

b omit paragraph (3).

Family Homes and Domestic Violence (Northern Ireland) Order 1998¶

^I729154

1 Amend the Family Homes and Domestic Violence (Northern Ireland) Order 1998⁵⁸⁰ as follows.

2 In Article 40(1) (orders and regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Access to Justice (Northern Ireland) Order 2003¶

^I731156 Amend the Access to Justice (Northern Ireland) Order 2003⁵⁸² as follows.

^I732157 In Articles 11(4) (funding of services), 16(2), (4), (5), (6) and (8)(a) (procedure relating to funding code), 22(6) and (8) (criminal defence services: code of conduct) and 46(5) (orders, regulations and directions) and in paragraphs 15(3) and 16(4) and (6) of Schedule 1 (Northern Ireland Legal Services Commission) for “each House of Parliament” substitute “the Assembly”.

^I733158 In Article 16 (procedure relating to funding code)—

a for paragraph (7) substitute—

;

b in paragraph (8)(b) for “each House” substitute “the Assembly”.

^I734159 In Article 46 (orders, regulations and directions) in paragraph (6) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I735160

1 In paragraph 17 of Schedule 1 (Northern Ireland Legal Services Commission: account and audit)—

a for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b in sub-paragraph (2) for “Treasury” substitute “Department of Finance and Personnel”;

c for “Comptroller and Auditor General” (wherever occurring) substitute “Comptroller and Auditor General for Northern Ireland”;

d in sub-paragraph (5) for “each House of Parliament” substitute “the Assembly”.

2 Sub-paragraph (1) above does not apply in relation to a financial year ending before the coming into force of this Order.

^I736161 In Schedule 3 (transitional provision and savings)—

a in paragraph 4(7) for “Parliament” substitute “the Assembly”;

b in paragraph 5(6) for “Parliament” substitute “the Assembly”.

Insolvency (Northern Ireland) Order 2005¶

^I737162 Amend the Insolvency (Northern Ireland) Order 2005⁵⁸³ as follows.

^I738163 In Article 24 (disqualification for office: general) for paragraph (7) substitute—

Traffic Management (Northern Ireland) Order 2005¶

^I739164

1 Amend the Traffic Management (Northern Ireland) Order 2005⁵⁸⁴ as follows.

2 In Article 46 (regulations)—

a in paragraph (1) omit “Subject to paragraph (2),”;

b omit paragraph (2).

Legal Aid (Northern Ireland) Order 2005¶

^I740165 Amend Schedule 1 to the Legal Aid (Northern Ireland) Order 2005⁵⁸⁵ (minor and consequential amendments) as follows.

^I741166 In paragraph 8, in the inserted Article 12A of the Access to Justice (Northern Ireland) Order 2003⁵⁸⁶—

a in paragraph (1)—

i for “Lord Chancellor” substitute “Department of Justice”;

ii for “him” substitute “the Department of Justice”;

b in paragraph (4)—

i for “Lord Chancellor” substitute “Department of Justice”;

ii for “he” substitute “the Department of Justice”.

Criminal Justice (Northern Ireland) Order 2008¶

^I742167

1 Amend the Criminal Justice (Northern Ireland) Order 2008⁵⁸⁷ as follows.

2 Omit Article 61(10) (experimental period for alcohol ignition interlock programme orders).

PART 4 Acts of the Northern Ireland Assembly¶

Charities Act (Northern Ireland) 2008¶

^I744169 Amend the Charities Act (Northern Ireland) 2008⁵⁸⁹ as follows.

^I745170 In section 13 (Charity Tribunal: practice and procedure)—

a for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b in subsection (8) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I746171 In paragraph 6 of Schedule 2 (Charity Tribunal: staff and facilities) for “Lord Chancellor” substitute “Department of Justice”.

Pensions (No. 2) Act (Northern Ireland) 2008¶

^I747172 Amend Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008⁵⁹⁰ (pension compensation on divorce etc) as follows.

^I748173 In paragraph 3, in the inserted Article 26E of the Matrimonial Causes (Northern Ireland) Order 1978 ⁵⁹¹—

a in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I749174 In paragraph 7, in the inserted Article 27G of the Matrimonial Causes (Northern Ireland) Order 1978—

a in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b in paragraph (3) for the words from “annulment” to “accordingly” substitute “negative resolution”.

^I750175 In paragraph 15, in the inserted paragraph 14E of Schedule 15 to the Civil Partnership Act 2004⁵⁹²—

a in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”;

b in sub-paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954⁵⁹³)”.

SCHEDULE 19 ¶

Amendments relating to Public Bodies etc

Article 16

Land Law (Ireland) Act 1881¶

^I7511

1 The functions of the Treasury by virtue of section 56 of the Land Law (Ireland) Act 1881⁵⁹⁴ are transferred to the Department of Finance and Personnel in Northern Ireland.

2 Regulations made under that section by the Department are to be laid before the Northern Ireland Assembly (and not the House of Commons) and are not to come into effect until after the end of the statutory period next after the regulations have been laid.

3 For the purposes of sub-paragraph (2)—

a “the statutory period” has the meaning given by section 41(2) of the Interpretation Act (Northern Ireland) 1954⁵⁹⁵;

b section 41(3) of the 1954 Act⁵⁹⁶ applies in relation to the laying of regulations as it applies in relation to the laying of a statutory document under an enactment.

^I7522

1 The functions of the Comptroller and Auditor General by virtue of section 56 of the Land Law (Ireland) Act 1881 are transferred to the Comptroller and Auditor General for Northern Ireland.

2 Any accounts transmitted for audit to the Comptroller and Auditor General for Northern Ireland, together with the Comptroller’s report thereon, are to be laid before the Northern Ireland Assembly (and not the House of Commons) not later than three months after the date on which the accounts were transmitted for audit.

3 For the purposes of sub-paragraph (2) section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies in relation to the laying of any accounts or report as it applies in relation to the laying of a statutory document under an enactment.

4 Sub-paragraphs (1) to (3) above do not apply in relation to any accounts for a period ending before the coming into force of this Order.

Parliamentary Commissioner Act 1967¶

^I7533

1 Amend the Parliamentary Commissioner Act 1967⁵⁹⁷ as follows.

2 In Schedule 2 (departments etc. subject to investigation) omit the following entries—

3 In Schedule 4 (relevant tribunals for the purposes of section 5(7)) omit—

4 Sub-paragraph (2) above does not apply in relation to a complaint made under the 1967 Act before the coming into force of this Order.

Northern Ireland Assembly Disqualification Act 1975¶

^I7544

1 Amend the Northern Ireland Assembly Disqualification Act 1975⁵⁹⁹ as follows.

2 In Part III of Schedule 1 (other disqualifying offices), at the appropriate places, insert—

Commissioner for Complaints (Northern Ireland) Order 1996¶

^I7555

1 Amend the Commissioner for Complaints (Northern Ireland) Order 1996⁶⁰⁰ as follows.

2 In Schedule 2 (bodies subject to investigation), at the appropriate places insert—

3 A complaint may not be made under the 1996 Order by virtue of sub-paragraph (2) above in relation to a matter if the matter was the subject of a complaint under the Parliamentary Commissioner Act 1967 made before the coming into force of this Order.

Ombudsman (Northern Ireland) Order 1996¶

^I7566

1 Amend the Ombudsman (Northern Ireland) Order 1996⁶⁰¹ as follows.

2 In Article 9 (matters subject to investigation) after paragraph (3) insert—

3 In Schedule 3 (tribunals referred to in Article 9(4)) at the appropriate places insert—

4 In Schedule 4 (matters not to be investigated) after paragraph 2 insert—

Audit and Accountability (Northern Ireland) Order 2003¶

^I7577

1 In Article 5(1) of the Audit and Accountability (Northern Ireland) Order 2003⁶⁰⁶ (additional bodies to be audited by the Comptroller and Auditor General for Northern Ireland) after paragraph (m) insert—

2 Sub-paragraph (1) does not apply in relation to a statement of accounts for a period ending before the coming into force of this Order.

Public Contracts Regulations 2006¶

^F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009¶

^I7589

1 In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009⁶⁰⁷ (list of companies to be audited by the Comptroller and Auditor General) omit the entry for the Northern Ireland Police Fund.

2 Sub-paragraph (1) does not apply in relation to any accounts for a period ending before the coming into force of this Order.

^I759SCHEDULE 20 ¶

Property being transferred to the Director of Public Prosecutions for Northern Ireland

Article 18(4)

^I759

Belfast Chambers, 93 Chichester Street, Belfast, BT1 3JR
Linum Chambers, 2 Bedford Square, Belfast, BT2 7ES
Lisburn Chambers, 23 Linenhall Street, Lisburn, BT28 1FJ
Newry Chambers, Block A, Downshire Close, 41-43 Downshire Road, Newry, BT34 1EE
Ballymena Chambers, 4 Parkway, Ballymena, BT43 5ET
Foyle Chambers, 35 Limavady Road, Londonderry, BT47 6LP
Omagh Chambers, 2 Townhall Square, Omagh, BT78 1BL

^I760SCHEDULE 21 ¶

Property not being transferred

Article 18(5)

^I760

St. Annes House, 15 Church Street, Belfast, BT1 1ER
5^thFloor, Windsor House, Bedford Street, Belfast, BT2 7SR
12^th-14^th and 20^th Floor, Windsor House, Bedford Street, Belfast, BT2 7EL
Stormont House, Belfast, BT4 3SH
2^nd Floor, Block 2, Forestview, Purdy’s Lane, Belfast, BT8 7AR
2(B) Regent Street, Newtownards, BT23 4LH
Hillsborough Castle, the Square, Hillsborough BT26 6AG
52 Bridge Street, Banbridge, BT32 3SL
1-3 Portland Avenue, Glengormley, Newtownabbey, BT36 5EY
122 Broughshane Street, Ballymena, BT43 6EE
20 Queen Street, Londonderry, BT48 7EQ
29A Strand Road, Londonderry, BT48 7BZ
21 Kelvin Avenue, Omagh, BT78 1ER
Premises occupied by the International Monitoring Commission

EXPLANATORY NOTE¶

(This note is not part of the Order)

This Order amends certain statutory provisions and makes other provision in consequence of, or for giving full effect to, the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010. That Order amends Schedule 3 to the Northern Ireland Act 1998 (“the 1998 Act”) so that certain policing and justice matters (as defined in section 4(6) of the 1998 Act) cease to be reserved matters and become transferred matters.

Part 1 to the Order contains introductory provisions, dealing in particular with commencement and extent and defining terms used in the Order.

Part 2 makes provision consequential on devolution to the Northern Ireland Assembly of legislative power in relation to policing and justice matters. It provides for the transfer of policing and justice functions from the Secretary of State to the Northern Ireland Department of Justice; it makes provision for some functions to be split between the Secretary of State and the Department of Justice; it also makes provision consequential on the transfers.

Article 4 and Schedule 1 transfer to the Department of Justice functions of the Secretary of State immediately before the coming into force of the Order under the enactments listed in Schedule 1. Schedule 2 makes amendments to those enactments consequential on the transfer of functions under Schedule 1, including in particular in relation to the procedure for laying instruments and other documents before the Northern Ireland Assembly.

Article 5 and Schedule 3 transfer functions in relation to policing; in particular Schedule 3 contains amendments to the Public Order (Northern Ireland) Order 1987, the Police Act 1996, the Police (Northern Ireland) Act 1998, the Police (Northern Ireland) Act 2000, the Police (Northern Ireland) Act 2003, various policing regulations and the Civil Contingencies Act 2004.

Article 6 and Schedules 4 to 8 transfer functions relating to the treatment of offenders. Schedule 4 deals with prisons and amends the Prison Act (Northern Ireland) 1953, the Prison and Young Offenders Centre Rules (Northern Ireland) 1995, the Regulation of Investigatory Powers Act 2000 and orders made under section 25 or 30 of that Act. Schedule 5 deals with provisions relating to the release of prisoners on licence and amends the Life Sentences (Northern Ireland) Order 2001, the Criminal Justice (Northern Ireland) Order 2008 and the Parole Commissioners’ Rules (Northern Ireland) 2009. Schedule 6 is concerned with miscarriages of justice and the Royal prerogative of mercy and amends the Criminal Justice Act 1988 and the Criminal Appeal Act 1995. Schedule 7 amends the Criminal Justice and Public Order Act 1994. Schedule 8 deals with the transfer of prisoners and amends the Repatriation of Prisoners Act 1984 and the Crime (Sentences) Act 1997.

Article 7 and Schedule 9 transfer functions under the Corporate Manslaughter and Corporate Homicide Act 2007.

Article 8 and Schedule 10 transfer functions under the Serious Crime Act 2007.

Article 9 and Schedule 11 transfer functions in relation to firearms and amend the Firearms (Northern Ireland) Order 2004 and the Violent Crime Reduction Act 2006.

Article 10 and Schedule 12 make provision in relation to explosives. Paragraphs 1 and 2 respectively of Schedule 12 transfer functions of the Secretary of State under certain provisions of the Explosives Act 1875 and the Explosives Act (Northern Ireland) 1970 to the Department of Justice. Paragraph 3 amends the Health and Safety at Work (Northern Ireland) Order 1978. Paragraph 4 makes provision for the continuing exercise by the Secretary of State of certain functions that are transferred to the Department of Justice for purposes connected with the reserved matters of firearms and explosives and import and export controls.

Article 11 and Schedule 13 amend the Justice (Northern Ireland) Act 2002.

Article 12 and Schedule 14 amend a substantial number of Acts and Orders relating to criminal justice.

Article 13 and Schedule 15 transfer functions under the Serious Organised Crime and Police Act 2005.

Article 14 and Schedule 16 transfer functions under the Private Security Industry Act 2001.

Article 15 and Schedules 17 and 18 provide for the transfer of functions of the Lord Chancellor and other related functions. Article 15(1) and Schedule 17 transfer functions of the Lord Chancellor listed in Schedule 17 to the Department of Justice. Article 15(2) and (3) transfer certain functions of the Lord Chancellor under the Justice (Northern Ireland) Act 2002 to respectively the First Minister and deputy First Minister, acting jointly and the Office of the First Minister and deputy First Minister. Article 15(4) transfers listed functions of the Treasury or the Minister for the Civil Service to the Northern Ireland Department of Finance and Personnel. Schedule 18 transfers other functions.

Article 16 and Schedule 19 make amendments relating to public bodies. The enactments amended include the Parliamentary Commissioner Act 1967, Northern Ireland Assembly Disqualification Act 1975, Commissioner for Complaints (Northern Ireland) Order 1996, Ombudsman (Northern Ireland) Order 1996 and Public Contracts Regulations 2006.

Article 17 provides for the transfer of functions under subordinate legislation and other instruments made in exercise of a function that is transferred under the Order. Exceptions to this general provision are set out in paragraph (4).

Articles 18 to 22 and Schedules 20 and 21 make provision about the transfer of property, liabilities and staff consequential on the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010.

Part 3 of the Order makes amendments to and relating to the 1998 Act. Article 23 amends section 20 of the 1998 Act in relation to quasi-judicial decisions. Article 24 provides for the Royal prerogative of mercy to be exercisable in Northern Ireland by the Northern Ireland Minister of Justice. The rest of Part 3 contains consequential and transitional provision.

Part 4 of the Order contains general transitional provisions.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

I1
Art. 1 in force at 12.4.2010, see art. 1(2)
I2
Art. 2 in force at 12.4.2010, see art. 1(2)
I3
Art. 3 in force at 12.4.2010, see art. 1(2)
I4
Art. 4 in force at 12.4.2010, see art. 1(2)
I5
Art. 5 in force at 12.4.2010, see art. 1(2)
I6
Art. 6 in force at 12.4.2010, see art. 1(2)
I7
Art. 7 in force at 12.4.2010, see art. 1(2)
I8
Art. 8 in force at 12.4.2010, see art. 1(2)
I9
Art. 9 in force at 12.4.2010, see art. 1(2)
I10
Art. 10 in force at 12.4.2010, see art. 1(2)
I11
Art. 11 in force at 12.4.2010, see art. 1(2)
I12
Art. 12 in force at 12.4.2010, see art. 1(2)
I13
Art. 13 in force at 12.4.2010, see art. 1(2)
I14
Art. 14 in force at 12.4.2010, see art. 1(2)
I15
Art. 15 in force at 12.4.2010, see art. 1(2)
I16
Art. 16 in force at 12.4.2010, see art. 1(2)
I17
Art. 17 in force at 12.4.2010, see art. 1(2)
I18
Art. 18 in force at 12.4.2010, see art. 1(2)
I19
Art. 19 in force at 12.4.2010, see art. 1(2)
I20
Art. 20 in force at 12.4.2010, see art. 1(2)
I21
Art. 21 in force at 12.4.2010, see art. 1(2)
I22
Art. 23 in force at 12.4.2010, see art. 1(2)
I23
Art. 24 in force at 12.4.2010, see art. 1(2)
I24
Art. 25 in force at 12.4.2010, see art. 1(2)
I25
Art. 26 in force at 12.4.2010, see art. 1(2)
I26
Art. 27 in force at 12.4.2010, see art. 1(2)
I27
Art. 28 in force at 12.4.2010, see art. 1(2)
I28
Art. 29 in force at 12.4.2010, see art. 1(2)
I29
Art. 30 in force at 12.4.2010, see art. 1(2)
I30
Art. 31 in force at 12.4.2010, see art. 1(2)
I31
Sch. 1 para. 1 in force at 12.4.2010, see art. 1(2)
I32
Sch. 1 para. 2 in force at 12.4.2010, see art. 1(2)
I33
Sch. 1 para. 3 in force at 12.4.2010, see art. 1(2)
I34
Sch. 1 para. 4 in force at 12.4.2010, see art. 1(2)
I35
Sch. 1 para. 5 in force at 12.4.2010, see art. 1(2)
I36
Sch. 1 para. 6 in force at 12.4.2010, see art. 1(2)
I37
Sch. 1 para. 7 in force at 12.4.2010, see art. 1(2)
I38
Sch. 1 para. 8 in force at 12.4.2010, see art. 1(2)
I39
Sch. 1 para. 9 in force at 12.4.2010, see art. 1(2)
I40
Sch. 1 para. 10 in force at 12.4.2010, see art. 1(2)
I41
Sch. 1 para. 11 in force at 12.4.2010, see art. 1(2)
I42
Sch. 1 para. 12 in force at 12.4.2010, see art. 1(2)
I43
Sch. 1 para. 13 in force at 12.4.2010, see art. 1(2)
I44
Sch. 1 para. 14 in force at 12.4.2010, see art. 1(2)
I45
Sch. 1 para. 15 in force at 12.4.2010, see art. 1(2)
I46
Sch. 1 para. 16 in force at 12.4.2010, see art. 1(2)
I47
Sch. 1 para. 17 in force at 12.4.2010, see art. 1(2)
I48
Sch. 1 para. 18 in force at 12.4.2010, see art. 1(2)
I49
Sch. 1 para. 19 in force at 12.4.2010, see art. 1(2)
I50
Sch. 1 para. 20 in force at 12.4.2010, see art. 1(2)
I51
Sch. 1 para. 21 in force at 12.4.2010, see art. 1(2)
I52
Sch. 1 para. 22 in force at 12.4.2010, see art. 1(2)
I53
Sch. 1 para. 23 in force at 12.4.2010, see art. 1(2)
I54
Sch. 1 para. 24 in force at 12.4.2010, see art. 1(2)
I55
Sch. 1 para. 25 in force at 12.4.2010, see art. 1(2)
I56
Sch. 1 para. 26 in force at 12.4.2010, see art. 1(2)
I57
Sch. 1 para. 27 in force at 12.4.2010, see art. 1(2)
I58
Sch. 1 para. 28 in force at 12.4.2010, see art. 1(2)
I59
Sch. 1 para. 29 in force at 12.4.2010, see art. 1(2)
I60
Sch. 1 para. 30 in force at 12.4.2010, see art. 1(2)
I61
Sch. 1 para. 31 in force at 12.4.2010, see art. 1(2)
I62
Sch. 1 para. 32 in force at 12.4.2010, see art. 1(2)
I63
Sch. 1 para. 33 in force at 12.4.2010, see art. 1(2)
I64
Sch. 2 para. 1 in force at 12.4.2010, see art. 1(2)
I65
Sch. 2 para. 2 in force at 12.4.2010, see art. 1(2)
I66
Sch. 2 para. 3 in force at 12.4.2010, see art. 1(2)
I67
Sch. 2 para. 4 in force at 12.4.2010, see art. 1(2)
I68
Sch. 2 para. 5 in force at 12.4.2010, see art. 1(2)
I69
Sch. 2 para. 6 in force at 12.4.2010, see art. 1(2)
I70
Sch. 2 para. 7 in force at 12.4.2010, see art. 1(2)
I71
Sch. 2 para. 8 in force at 12.4.2010, see art. 1(2)
I72
Sch. 2 para. 9 in force at 12.4.2010, see art. 1(2)
I73
Sch. 2 para. 10 in force at 12.4.2010, see art. 1(2)
I74
Sch. 2 para. 11 in force at 12.4.2010, see art. 1(2)
I75
Sch. 2 para. 12 in force at 12.4.2010, see art. 1(2)
I76
Sch. 2 para. 13 in force at 12.4.2010, see art. 1(2)
I77
Sch. 2 para. 14 in force at 12.4.2010, see art. 1(2)
I78
Sch. 2 para. 15 in force at 12.4.2010, see art. 1(2)
I79
Sch. 2 para. 16 in force at 12.4.2010, see art. 1(2)
I80
Sch. 2 para. 17 in force at 12.4.2010, see art. 1(2)
I81
Sch. 2 para. 18 in force at 12.4.2010, see art. 1(2)
I82
Sch. 2 para. 19 in force at 12.4.2010, see art. 1(2)
I83
Sch. 2 para. 20 in force at 12.4.2010, see art. 1(2)
I84
Sch. 2 para. 21 in force at 12.4.2010, see art. 1(2)
I85
Sch. 2 para. 22 in force at 12.4.2010, see art. 1(2)
I86
Sch. 2 para. 23 in force at 12.4.2010, see art. 1(2)
I87
Sch. 2 para. 24 in force at 12.4.2010, see art. 1(2)
I88
Sch. 2 para. 25 in force at 12.4.2010, see art. 1(2)
I89
Sch. 2 para. 26 in force at 12.4.2010, see art. 1(2)
I90
Sch. 2 para. 27 in force at 12.4.2010, see art. 1(2)
I91
Sch. 2 para. 28 in force at 12.4.2010, see art. 1(2)
I92
Sch. 2 para. 29 in force at 12.4.2010, see art. 1(2)
I93
Sch. 3 para. 1 in force at 12.4.2010, see art. 1(2)
I94
Sch. 3 para. 2 in force at 12.4.2010, see art. 1(2)
I95
Sch. 3 para. 3 in force at 12.4.2010, see art. 1(2)
I96
Sch. 3 para. 4 in force at 12.4.2010, see art. 1(2)
I97
Sch. 3 para. 8 in force at 12.4.2010, see art. 1(2)
I98
Sch. 3 para. 9 in force at 12.4.2010, see art. 1(2)
I99
Sch. 3 para. 10 in force at 12.4.2010, see art. 1(2)
I100
Sch. 3 para. 11 in force at 12.4.2010, see art. 1(2)
I101
Sch. 3 para. 12 in force at 12.4.2010, see art. 1(2)
I102
Sch. 3 para. 13 in force at 12.4.2010, see art. 1(2)
I103
Sch. 3 para. 14 in force at 12.4.2010, see art. 1(2)
I104
Sch. 3 para. 15 in force at 12.4.2010, see art. 1(2)
I105
Sch. 3 para. 16 in force at 12.4.2010, see art. 1(2)
I106
Sch. 3 para. 17 in force at 12.4.2010, see art. 1(2)
I107
Sch. 3 para. 18 in force at 12.4.2010, see art. 1(2)
I108
Sch. 3 para. 19 in force at 12.4.2010, see art. 1(2)
I109
Sch. 3 para. 20 in force at 12.4.2010, see art. 1(2)
I110
Sch. 3 para. 21 in force at 12.4.2010, see art. 1(2)
I111
Sch. 3 para. 22 in force at 12.4.2010, see art. 1(2)
I112
Sch. 3 para. 23 in force at 12.4.2010, see art. 1(2)
I113
Sch. 3 para. 24 in force at 12.4.2010, see art. 1(2)
I114
Sch. 3 para. 25 in force at 12.4.2010, see art. 1(2)
I115
Sch. 3 para. 26 in force at 12.4.2010, see art. 1(2)
I116
Sch. 3 para. 27 in force at 12.4.2010, see art. 1(2)
I117
Sch. 3 para. 28 in force at 12.4.2010, see art. 1(2)
I118
Sch. 3 para. 29 in force at 12.4.2010, see art. 1(2)
I119
Sch. 3 para. 30 in force at 12.4.2010, see art. 1(2)
I120
Sch. 3 para. 31 in force at 12.4.2010, see art. 1(2)
I121
Sch. 3 para. 32 in force at 12.4.2010, see art. 1(2)
I122
Sch. 3 para. 33 in force at 12.4.2010, see art. 1(2)
I123
Sch. 3 para. 34 in force at 12.4.2010, see art. 1(2)
I124
Sch. 3 para. 35 in force at 12.4.2010, see art. 1(2)
I125
Sch. 3 para. 36 in force at 12.4.2010, see art. 1(2)
I126
Sch. 3 para. 37 in force at 12.4.2010, see art. 1(2)
I127
Sch. 3 para. 38 in force at 12.4.2010, see art. 1(2)
I128
Sch. 3 para. 39 in force at 12.4.2010, see art. 1(2)
I129
Sch. 3 para. 40 in force at 12.4.2010, see art. 1(2)
I130
Sch. 3 para. 41 in force at 12.4.2010, see art. 1(2)
I131
Sch. 3 para. 42 in force at 12.4.2010, see art. 1(2)
I132
Sch. 3 para. 43 in force at 12.4.2010, see art. 1(2)
I133
Sch. 3 para. 44 in force at 12.4.2010, see art. 1(2)
I134
Sch. 3 para. 45 in force at 12.4.2010, see art. 1(2)
I135
Sch. 3 para. 46 in force at 12.4.2010, see art. 1(2)
I136
Sch. 3 para. 47 in force at 12.4.2010, see art. 1(2)
I137
Sch. 3 para. 48 in force at 12.4.2010, see art. 1(2)
I138
Sch. 3 para. 49 in force at 12.4.2010, see art. 1(2)
I139
Sch. 3 para. 50 in force at 12.4.2010, see art. 1(2)
I140
Sch. 3 para. 51 in force at 12.4.2010, see art. 1(2)
I141
Sch. 3 para. 52 in force at 12.4.2010, see art. 1(2)
I142
Sch. 3 para. 53 in force at 12.4.2010, see art. 1(2)
I143
Sch. 3 para. 54 in force at 12.4.2010, see art. 1(2)
I144
Sch. 3 para. 55 in force at 12.4.2010, see art. 1(2)
I145
Sch. 3 para. 56 in force at 12.4.2010, see art. 1(2)
I146
Sch. 3 para. 57 in force at 12.4.2010, see art. 1(2)
I147
Sch. 3 para. 58 in force at 12.4.2010, see art. 1(2)
I148
Sch. 3 para. 59 in force at 12.4.2010, see art. 1(2)
I149
Sch. 3 para. 60 in force at 12.4.2010, see art. 1(2)
I150
Sch. 3 para. 61 in force at 12.4.2010, see art. 1(2)
I151
Sch. 3 para. 62 in force at 12.4.2010, see art. 1(2)
I152
Sch. 3 para. 63 in force at 12.4.2010, see art. 1(2)
I153
Sch. 3 para. 64 in force at 12.4.2010, see art. 1(2)
I154
Sch. 3 para. 65 in force at 12.4.2010, see art. 1(2)
I155
Sch. 3 para. 66 in force at 12.4.2010, see art. 1(2)
I156
Sch. 3 para. 67 in force at 12.4.2010, see art. 1(2)
I157
Sch. 3 para. 68 in force at 12.4.2010, see art. 1(2)
I158
Sch. 3 para. 69 in force at 12.4.2010, see art. 1(2)
I159
Sch. 3 para. 70 in force at 12.4.2010, see art. 1(2)
I160
Sch. 3 para. 71 in force at 12.4.2010, see art. 1(2)
I161
Sch. 3 para. 72 in force at 12.4.2010, see art. 1(2)
I162
Sch. 3 para. 73 in force at 12.4.2010, see art. 1(2)
I163
Sch. 3 para. 74 in force at 12.4.2010, see art. 1(2)
I164
Sch. 3 para. 75 in force at 12.4.2010, see art. 1(2)
I165
Sch. 3 para. 76 in force at 12.4.2010, see art. 1(2)
I166
Sch. 3 para. 77 in force at 12.4.2010, see art. 1(2)
I167
Sch. 3 para. 78 in force at 12.4.2010, see art. 1(2)
I168
Sch. 3 para. 79 in force at 12.4.2010, see art. 1(2)
I169
Sch. 3 para. 80 in force at 12.4.2010, see art. 1(2)
I170
Sch. 3 para. 81 in force at 12.4.2010, see art. 1(2)
I171
Sch. 3 para. 82 in force at 12.4.2010, see art. 1(2)
I172
Sch. 3 para. 83 in force at 12.4.2010, see art. 1(2)
I173
Sch. 3 para. 84 in force at 12.4.2010, see art. 1(2)
I174
Sch. 3 para. 85 in force at 12.4.2010, see art. 1(2)
I175
Sch. 3 para. 86 in force at 12.4.2010, see art. 1(2)
I176
Sch. 3 para. 87 in force at 12.4.2010, see art. 1(2)
I177
Sch. 3 para. 88 in force at 12.4.2010, see art. 1(2)
I178
Sch. 3 para. 89 in force at 12.4.2010, see art. 1(2)
I179
Sch. 3 para. 90 in force at 12.4.2010, see art. 1(2)
I180
Sch. 3 para. 91 in force at 12.4.2010, see art. 1(2)
I181
Sch. 3 para. 92 in force at 12.4.2010, see art. 1(2)
I182
Sch. 3 para. 93 in force at 12.4.2010, see art. 1(2)
I183
Sch. 3 para. 94 in force at 12.4.2010, see art. 1(2)
I184
Sch. 3 para. 95 in force at 12.4.2010, see art. 1(2)
I185
Sch. 3 para. 96 in force at 12.4.2010, see art. 1(2)
I186
Sch. 3 para. 97 in force at 12.4.2010, see art. 1(2)
I187
Sch. 3 para. 98 in force at 12.4.2010, see art. 1(2)
I188
Sch. 3 para. 99 in force at 12.4.2010, see art. 1(2)
I189
Sch. 3 para. 100 in force at 12.4.2010, see art. 1(2)
I190
Sch. 3 para. 101 in force at 12.4.2010, see art. 1(2)
I191
Sch. 3 para. 102 in force at 12.4.2010, see art. 1(2)
I192
Sch. 3 para. 103 in force at 12.4.2010, see art. 1(2)
I193
Sch. 3 para. 104 in force at 12.4.2010, see art. 1(2)
I194
Sch. 3 para. 105 in force at 12.4.2010, see art. 1(2)
I195
Sch. 3 para. 106 in force at 12.4.2010, see art. 1(2)
I196
Sch. 3 para. 107 in force at 12.4.2010, see art. 1(2)
I197
Sch. 3 para. 108 in force at 12.4.2010, see art. 1(2)
I198
Sch. 3 para. 109 in force at 12.4.2010, see art. 1(2)
I199
Sch. 3 para. 110 in force at 12.4.2010, see art. 1(2)
I200
Sch. 3 para. 111 in force at 12.4.2010, see art. 1(2)
I201
Sch. 3 para. 112 in force at 12.4.2010, see art. 1(2)
I202
Sch. 4 para. 1 in force at 12.4.2010, see art. 1(2)
I203
Sch. 4 para. 2 in force at 12.4.2010, see art. 1(2)
I204
Sch. 4 para. 3 in force at 12.4.2010, see art. 1(2)
I205
Sch. 4 para. 4 in force at 12.4.2010, see art. 1(2)
I206
Sch. 4 para. 5 in force at 12.4.2010, see art. 1(2)
I207
Sch. 4 para. 6 in force at 12.4.2010, see art. 1(2)
I208
Sch. 4 para. 7 in force at 12.4.2010, see art. 1(2)
I209
Sch. 4 para. 8 in force at 12.4.2010, see art. 1(2)
I210
Sch. 4 para. 9 in force at 12.4.2010, see art. 1(2)
I211
Sch. 4 para. 10 in force at 12.4.2010, see art. 1(2)
I212
Sch. 4 para. 11 in force at 12.4.2010, see art. 1(2)
I213
Sch. 4 para. 12 in force at 12.4.2010, see art. 1(2)
I214
Sch. 4 para. 13 in force at 12.4.2010, see art. 1(2)
I215
Sch. 4 para. 14 in force at 12.4.2010, see art. 1(2)
I216
Sch. 4 para. 15 in force at 12.4.2010, see art. 1(2)
I217
Sch. 4 para. 16 in force at 12.4.2010, see art. 1(2)
I218
Sch. 4 para. 17 in force at 12.4.2010, see art. 1(2)
I219
Sch. 4 para. 18 in force at 12.4.2010, see art. 1(2)
I220
Sch. 4 para. 19 in force at 12.4.2010, see art. 1(2)
I221
Sch. 4 para. 20 in force at 12.4.2010, see art. 1(2)
I222
Sch. 4 para. 21 in force at 12.4.2010, see art. 1(2)
I223
Sch. 4 para. 22 in force at 12.4.2010, see art. 1(2)
I224
Sch. 4 para. 23 in force at 12.4.2010, see art. 1(2)
I225
Sch. 4 para. 24 in force at 12.4.2010, see art. 1(2)
I226
Sch. 4 para. 25 in force at 12.4.2010, see art. 1(2)
I227
Sch. 4 para. 26 in force at 12.4.2010, see art. 1(2)
I228
Sch. 4 para. 27 in force at 12.4.2010, see art. 1(2)
I229
Sch. 4 para. 28 in force at 12.4.2010, see art. 1(2)
I230
Sch. 4 para. 29 in force at 12.4.2010, see art. 1(2)
I231
Sch. 5 para. 1 in force at 12.4.2010, see art. 1(2)
I232
Sch. 5 para. 2 in force at 12.4.2010, see art. 1(2)
I233
Sch. 5 para. 3 in force at 12.4.2010, see art. 1(2)
I234
Sch. 5 para. 4 in force at 12.4.2010, see art. 1(2)
I235
Sch. 5 para. 5 in force at 12.4.2010, see art. 1(2)
I236
Sch. 5 para. 6 in force at 12.4.2010, see art. 1(2)
I237
Sch. 5 para. 7 in force at 12.4.2010, see art. 1(2)
I238
Sch. 5 para. 8 in force at 12.4.2010, see art. 1(2)
I239
Sch. 5 para. 9 in force at 12.4.2010, see art. 1(2)
I240
Sch. 5 para. 10 in force at 12.4.2010, see art. 1(2)
I241
Sch. 5 para. 11 in force at 12.4.2010, see art. 1(2)
I242
Sch. 5 para. 12 in force at 12.4.2010, see art. 1(2)
I243
Sch. 5 para. 13 in force at 12.4.2010, see art. 1(2)
I244
Sch. 5 para. 14 in force at 12.4.2010, see art. 1(2)
I245
Sch. 5 para. 15 in force at 12.4.2010, see art. 1(2)
I246
Sch. 5 para. 16 in force at 12.4.2010, see art. 1(2)
I247
Sch. 5 para. 17 in force at 12.4.2010, see art. 1(2)
I248
Sch. 5 para. 18 in force at 12.4.2010, see art. 1(2)
I249
Sch. 5 para. 19 in force at 12.4.2010, see art. 1(2)
I250
Sch. 5 para. 20 in force at 12.4.2010, see art. 1(2)
I251
Sch. 5 para. 21 in force at 12.4.2010, see art. 1(2)
I252
Sch. 5 para. 22 in force at 12.4.2010, see art. 1(2)
I253
Sch. 5 para. 23 in force at 12.4.2010, see art. 1(2)
I254
Sch. 5 para. 24 in force at 12.4.2010, see art. 1(2)
I255
Sch. 5 para. 25 in force at 12.4.2010, see art. 1(2)
I256
Sch. 5 para. 26 in force at 12.4.2010, see art. 1(2)
I257
Sch. 5 para. 27 in force at 12.4.2010, see art. 1(2)
I258
Sch. 5 para. 28 in force at 12.4.2010, see art. 1(2)
I259
Sch. 5 para. 29 in force at 12.4.2010, see art. 1(2)
I260
Sch. 5 para. 30 in force at 12.4.2010, see art. 1(2)
I261
Sch. 5 para. 31 in force at 12.4.2010, see art. 1(2)
I262
Sch. 5 para. 32 in force at 12.4.2010, see art. 1(2)
I263
Sch. 5 para. 33 in force at 12.4.2010, see art. 1(2)
I264
Sch. 5 para. 34 in force at 12.4.2010, see art. 1(2)
I265
Sch. 5 para. 35 in force at 12.4.2010, see art. 1(2)
I266
Sch. 5 para. 36 in force at 12.4.2010, see art. 1(2)
I267
Sch. 5 para. 37 in force at 12.4.2010, see art. 1(2)
I268
Sch. 5 para. 38 in force at 12.4.2010, see art. 1(2)
I269
Sch. 5 para. 39 in force at 12.4.2010, see art. 1(2)
I270
Sch. 5 para. 40 in force at 12.4.2010, see art. 1(2)
I271
Sch. 6 para. 1 in force at 12.4.2010, see art. 1(2)
I272
Sch. 6 para. 2 in force at 12.4.2010, see art. 1(2)
I273
Sch. 6 para. 3 in force at 12.4.2010, see art. 1(2)
I274
Sch. 6 para. 4 in force at 12.4.2010, see art. 1(2)
I275
Sch. 6 para. 5 in force at 12.4.2010, see art. 1(2)
I276
Sch. 6 para. 6 in force at 12.4.2010, see art. 1(2)
I277
Sch. 6 para. 7 in force at 12.4.2010, see art. 1(2)
I278
Sch. 6 para. 8 in force at 12.4.2010, see art. 1(2)
I279
Sch. 7 para. 1 in force at 12.4.2010, see art. 1(2)
I280
Sch. 7 para. 2 in force at 12.4.2010, see art. 1(2)
I281
Sch. 7 para. 3 in force at 12.4.2010, see art. 1(2)
I282
Sch. 7 para. 4 in force at 12.4.2010, see art. 1(2)
I283
Sch. 7 para. 5 in force at 12.4.2010, see art. 1(2)
I284
Sch. 7 para. 6 in force at 12.4.2010, see art. 1(2)
I285
Sch. 7 para. 7 in force at 12.4.2010, see art. 1(2)
I286
Sch. 8 para. 1 in force at 12.4.2010, see art. 1(2)
I287
Sch. 8 para. 2 in force at 12.4.2010, see art. 1(2)
I288
Sch. 8 para. 3 in force at 12.4.2010, see art. 1(2)
I289
Sch. 8 para. 4 in force at 12.4.2010, see art. 1(2)
I290
Sch. 8 para. 5 in force at 12.4.2010, see art. 1(2)
I291
Sch. 8 para. 6 in force at 12.4.2010, see art. 1(2)
I292
Sch. 8 para. 7 in force at 12.4.2010, see art. 1(2)
I293
Sch. 8 para. 8 in force at 12.4.2010, see art. 1(2)
I294
Sch. 8 para. 9 in force at 12.4.2010, see art. 1(2)
I295
Sch. 8 para. 10 in force at 12.4.2010, see art. 1(2)
I296
Sch. 8 para. 11 in force at 12.4.2010, see art. 1(2)
I297
Sch. 8 para. 12 in force at 12.4.2010, see art. 1(2)
I298
Sch. 8 para. 13 in force at 12.4.2010, see art. 1(2)
I299
Sch. 8 para. 14 in force at 12.4.2010, see art. 1(2)
I300
Sch. 8 para. 15 in force at 12.4.2010, see art. 1(2)
I301
Sch. 8 para. 16 in force at 12.4.2010, see art. 1(2)
I302
Sch. 8 para. 17 in force at 12.4.2010, see art. 1(2)
I303
Sch. 8 para. 18 in force at 12.4.2010, see art. 1(2)
I304
Sch. 8 para. 19 in force at 12.4.2010, see art. 1(2)
I305
Sch. 8 para. 20 in force at 12.4.2010, see art. 1(2)
I306
Sch. 8 para. 21 in force at 12.4.2010, see art. 1(2)
I307
Sch. 8 para. 22 in force at 12.4.2010, see art. 1(2)
I308
Sch. 8 para. 23 in force at 12.4.2010, see art. 1(2)
I309
Sch. 8 para. 24 in force at 12.4.2010, see art. 1(2)
I310
Sch. 8 para. 25 in force at 12.4.2010, see art. 1(2)
I311
Sch. 8 para. 26 in force at 12.4.2010, see art. 1(2)
I312
Sch. 9 para. 1 in force at 12.4.2010, see art. 1(2)
I313
Sch. 9 para. 2 in force at 12.4.2010, see art. 1(2)
I314
Sch. 9 para. 3 in force at 12.4.2010, see art. 1(2)
I315
Sch. 9 para. 4 in force at 12.4.2010, see art. 1(2)
I316
Sch. 9 para. 5 in force at 12.4.2010, see art. 1(2)
I317
Sch. 10 para. 1 in force at 12.4.2010, see art. 1(2)
I318
Sch. 10 para. 2 in force at 12.4.2010, see art. 1(2)
I319
Sch. 10 para. 3 in force at 12.4.2010, see art. 1(2)
I320
Sch. 10 para. 4 in force at 12.4.2010, see art. 1(2)
I321
Sch. 10 para. 5 in force at 12.4.2010, see art. 1(2)
I322
Sch. 10 para. 6 in force at 12.4.2010, see art. 1(2)
I323
Sch. 10 para. 7 in force at 12.4.2010, see art. 1(2)
I324
Sch. 10 para. 8 in force at 12.4.2010, see art. 1(2)
I325
Sch. 10 para. 9 in force at 12.4.2010, see art. 1(2)
I326
Sch. 10 para. 10 in force at 12.4.2010, see art. 1(2)
I327
Sch. 11 para. 1 in force at 12.4.2010, see art. 1(2)
I328
Sch. 11 para. 2 in force at 12.4.2010, see art. 1(2)
I329
Sch. 11 para. 3 in force at 12.4.2010, see art. 1(2)
I330
Sch. 11 para. 4 in force at 12.4.2010, see art. 1(2)
I331
Sch. 11 para. 5 in force at 12.4.2010, see art. 1(2)
I332
Sch. 11 para. 6 in force at 12.4.2010, see art. 1(2)
I333
Sch. 11 para. 7 in force at 12.4.2010, see art. 1(2)
I334
Sch. 11 para. 8 in force at 12.4.2010, see art. 1(2)
I335
Sch. 11 para. 9 in force at 12.4.2010, see art. 1(2)
I336
Sch. 11 para. 10 in force at 12.4.2010, see art. 1(2)
I337
Sch. 11 para. 11 in force at 12.4.2010, see art. 1(2)
I338
Sch. 11 para. 12 in force at 12.4.2010, see art. 1(2)
I339
Sch. 11 para. 13 in force at 12.4.2010, see art. 1(2)
I340
Sch. 11 para. 14 in force at 12.4.2010, see art. 1(2)
I341
Sch. 11 para. 15 in force at 12.4.2010, see art. 1(2)
I342
Sch. 11 para. 16 in force at 12.4.2010, see art. 1(2)
I343
Sch. 11 para. 17 in force at 12.4.2010, see art. 1(2)
I344
Sch. 11 para. 18 in force at 12.4.2010, see art. 1(2)
I345
Sch. 12 para. 1 in force at 12.4.2010, see art. 1(2)
I346
Sch. 12 para. 2 in force at 12.4.2010, see art. 1(2)
I347
Sch. 12 para. 3 in force at 12.4.2010, see art. 1(2)
I348
Sch. 12 para. 4 in force at 12.4.2010, see art. 1(2)
I349
Sch. 12 para. 5 in force at 12.4.2010, see art. 1(2)
I350
Sch. 13 para. 1 in force at 12.4.2010, see art. 1(2)
I351
Sch. 13 para. 2 in force at 12.4.2010, see art. 1(2)
I352
Sch. 13 para. 3 in force at 12.4.2010, see art. 1(2)
I353
Sch. 13 para. 4 in force at 12.4.2010, see art. 1(2)
I354
Sch. 13 para. 5 in force at 12.4.2010, see art. 1(2)
I355
Sch. 13 para. 6 in force at 12.4.2010, see art. 1(2)
I356
Sch. 13 para. 7 in force at 12.4.2010, see art. 1(2)
I357
Sch. 13 para. 8 in force at 12.4.2010, see art. 1(2)
I358
Sch. 13 para. 9 in force at 12.4.2010, see art. 1(2)
I359
Sch. 13 para. 10 in force at 12.4.2010, see art. 1(2)
I360
Sch. 13 para. 11 in force at 12.4.2010, see art. 1(2)
I361
Sch. 13 para. 12 in force at 12.4.2010, see art. 1(2)
I362
Sch. 13 para. 13 in force at 12.4.2010, see art. 1(2)
I363
Sch. 13 para. 14 in force at 12.4.2010, see art. 1(2)
I364
Sch. 13 para. 15 in force at 12.4.2010, see art. 1(2)
I365
Sch. 13 para. 16 in force at 12.4.2010, see art. 1(2)
I366
Sch. 13 para. 17 in force at 12.4.2010, see art. 1(2)
I367
Sch. 13 para. 18 in force at 12.4.2010, see art. 1(2)
I368
Sch. 13 para. 19 in force at 12.4.2010, see art. 1(2)
I369
Sch. 13 para. 20 in force at 12.4.2010, see art. 1(2)
I370
Sch. 13 para. 21 in force at 12.4.2010, see art. 1(2)
I371
Sch. 13 para. 22 in force at 12.4.2010, see art. 1(2)
I372
Sch. 13 para. 23 in force at 12.4.2010, see art. 1(2)
I373
Sch. 13 para. 24 in force at 12.4.2010, see art. 1(2)
I374
Sch. 13 para. 25 in force at 12.4.2010, see art. 1(2)
I375
Sch. 13 para. 26 in force at 12.4.2010, see art. 1(2)
I376
Sch. 13 para. 27 in force at 12.4.2010, see art. 1(2)
I377
Sch. 14 para. 1 in force at 12.4.2010, see art. 1(2)
I378
Sch. 14 para. 2 in force at 12.4.2010, see art. 1(2)
I379
Sch. 14 para. 3 in force at 12.4.2010, see art. 1(2)
I380
Sch. 14 para. 4 in force at 12.4.2010, see art. 1(2)
I381
Sch. 14 para. 5 in force at 12.4.2010, see art. 1(2)
I382
Sch. 14 para. 6 in force at 12.4.2010, see art. 1(2)
I383
Sch. 14 para. 7 in force at 12.4.2010, see art. 1(2)
I384
Sch. 14 para. 8 in force at 12.4.2010, see art. 1(2)
I385
Sch. 14 para. 9 in force at 12.4.2010, see art. 1(2)
I386
Sch. 14 para. 10 in force at 12.4.2010, see art. 1(2)
I387
Sch. 14 para. 11 in force at 12.4.2010, see art. 1(2)
I388
Sch. 14 para. 12 in force at 12.4.2010, see art. 1(2)
I389
Sch. 14 para. 13 in force at 12.4.2010, see art. 1(2)
I390
Sch. 14 para. 14 in force at 12.4.2010, see art. 1(2)
I391
Sch. 14 para. 15 in force at 12.4.2010, see art. 1(2)
I392
Sch. 14 para. 16 in force at 12.4.2010, see art. 1(2)
I393
Sch. 14 para. 17 in force at 12.4.2010, see art. 1(2)
I394
Sch. 14 para. 18 in force at 12.4.2010, see art. 1(2)
I395
Sch. 14 para. 19 in force at 12.4.2010, see art. 1(2)
I396
Sch. 14 para. 20 in force at 12.4.2010, see art. 1(2)
I397
Sch. 14 para. 21 in force at 12.4.2010, see art. 1(2)
I398
Sch. 14 para. 22 in force at 12.4.2010, see art. 1(2)
I399
Sch. 14 para. 23 in force at 12.4.2010, see art. 1(2)
I400
Sch. 14 para. 24 in force at 12.4.2010, see art. 1(2)
I401
Sch. 14 para. 25 in force at 12.4.2010, see art. 1(2)
I402
Sch. 14 para. 26 in force at 12.4.2010, see art. 1(2)
I403
Sch. 14 para. 27 in force at 12.4.2010, see art. 1(2)
I404
Sch. 14 para. 28 in force at 12.4.2010, see art. 1(2)
I405
Sch. 14 para. 29 in force at 12.4.2010, see art. 1(2)
I406
Sch. 14 para. 30 in force at 12.4.2010, see art. 1(2)
I407
Sch. 14 para. 31 in force at 12.4.2010, see art. 1(2)
I408
Sch. 14 para. 32 in force at 12.4.2010, see art. 1(2)
I409
Sch. 14 para. 33 in force at 12.4.2010, see art. 1(2)
I410
Sch. 14 para. 34 in force at 12.4.2010, see art. 1(2)
I411
Sch. 14 para. 35 in force at 12.4.2010, see art. 1(2)
I412
Sch. 14 para. 36 in force at 12.4.2010, see art. 1(2)
I413
Sch. 14 para. 37 in force at 12.4.2010, see art. 1(2)
I414
Sch. 14 para. 38 in force at 12.4.2010, see art. 1(2)
I415
Sch. 14 para. 39 in force at 12.4.2010, see art. 1(2)
I416
Sch. 14 para. 40 in force at 12.4.2010, see art. 1(2)
I417
Sch. 14 para. 41 in force at 12.4.2010, see art. 1(2)
I418
Sch. 14 para. 42 in force at 12.4.2010, see art. 1(2)
I419
Sch. 14 para. 43 in force at 12.4.2010, see art. 1(2)
I420
Sch. 14 para. 44 in force at 12.4.2010, see art. 1(2)
I421
Sch. 14 para. 45 in force at 12.4.2010, see art. 1(2)
I422
Sch. 14 para. 46 in force at 12.4.2010, see art. 1(2)
I423
Sch. 14 para. 47 in force at 12.4.2010, see art. 1(2)
I424
Sch. 14 para. 48 in force at 12.4.2010, see art. 1(2)
I425
Sch. 14 para. 49 in force at 12.4.2010, see art. 1(2)
I426
Sch. 14 para. 50 in force at 12.4.2010, see art. 1(2)
I427
Sch. 14 para. 51 in force at 12.4.2010, see art. 1(2)
I428
Sch. 14 para. 52 in force at 12.4.2010, see art. 1(2)
I429
Sch. 14 para. 53 in force at 12.4.2010, see art. 1(2)
I430
Sch. 14 para. 54 in force at 12.4.2010, see art. 1(2)
I431
Sch. 14 para. 55 in force at 12.4.2010, see art. 1(2)
I432
Sch. 14 para. 56 in force at 12.4.2010, see art. 1(2)
I433
Sch. 14 para. 57 in force at 12.4.2010, see art. 1(2)
I434
Sch. 14 para. 58 in force at 12.4.2010, see art. 1(2)
I435
Sch. 14 para. 59 in force at 12.4.2010, see art. 1(2)
I436
Sch. 14 para. 60 in force at 12.4.2010, see art. 1(2)
I437
Sch. 14 para. 61 in force at 12.4.2010, see art. 1(2)
I438
Sch. 14 para. 62 in force at 12.4.2010, see art. 1(2)
I439
Sch. 14 para. 63 in force at 12.4.2010, see art. 1(2)
I440
Sch. 14 para. 64 in force at 12.4.2010, see art. 1(2)
I441
Sch. 14 para. 65 in force at 12.4.2010, see art. 1(2)
I442
Sch. 14 para. 66 in force at 12.4.2010, see art. 1(2)
I443
Sch. 14 para. 67 in force at 12.4.2010, see art. 1(2)
I444
Sch. 14 para. 68 in force at 12.4.2010, see art. 1(2)
I445
Sch. 14 para. 69 in force at 12.4.2010, see art. 1(2)
I446
Sch. 14 para. 70 in force at 12.4.2010, see art. 1(2)
I447
Sch. 14 para. 71 in force at 12.4.2010, see art. 1(2)
I448
Sch. 14 para. 72 in force at 12.4.2010, see art. 1(2)
I449
Sch. 14 para. 73 in force at 12.4.2010, see art. 1(2)
I450
Sch. 14 para. 74 in force at 12.4.2010, see art. 1(2)
I451
Sch. 14 para. 75 in force at 12.4.2010, see art. 1(2)
I452
Sch. 14 para. 76 in force at 12.4.2010, see art. 1(2)
I453
Sch. 14 para. 77 in force at 12.4.2010, see art. 1(2)
I454
Sch. 14 para. 78 in force at 12.4.2010, see art. 1(2)
I455
Sch. 14 para. 79 in force at 12.4.2010, see art. 1(2)
I456
Sch. 14 para. 80 in force at 12.4.2010, see art. 1(2)
I457
Sch. 14 para. 81 in force at 12.4.2010, see art. 1(2)
I458
Sch. 14 para. 82 in force at 12.4.2010, see art. 1(2)
I459
Sch. 14 para. 83 in force at 12.4.2010, see art. 1(2)
I460
Sch. 14 para. 84 in force at 12.4.2010, see art. 1(2)
I461
Sch. 14 para. 85 in force at 12.4.2010, see art. 1(2)
I462
Sch. 14 para. 86 in force at 12.4.2010, see art. 1(2)
I463
Sch. 14 para. 87 in force at 12.4.2010, see art. 1(2)
I464
Sch. 14 para. 88 in force at 12.4.2010, see art. 1(2)
I465
Sch. 14 para. 89 in force at 12.4.2010, see art. 1(2)
I466
Sch. 14 para. 90 in force at 12.4.2010, see art. 1(2)
I467
Sch. 14 para. 91 in force at 12.4.2010, see art. 1(2)
I468
Sch. 14 para. 92 in force at 12.4.2010, see art. 1(2)
I469
Sch. 14 para. 93 in force at 12.4.2010, see art. 1(2)
I470
Sch. 14 para. 94 in force at 12.4.2010, see art. 1(2)
I471
Sch. 14 para. 95 in force at 12.4.2010, see art. 1(2)
I472
Sch. 14 para. 96 in force at 12.4.2010, see art. 1(2)
I473
Sch. 14 para. 97 in force at 12.4.2010, see art. 1(2)
I474
Sch. 14 para. 98 in force at 12.4.2010, see art. 1(2)
I475
Sch. 14 para. 99 in force at 12.4.2010, see art. 1(2)
I476
Sch. 14 para. 100 in force at 12.4.2010, see art. 1(2)
I477
Sch. 14 para. 101 in force at 12.4.2010, see art. 1(2)
I478
Sch. 14 para. 102 in force at 12.4.2010, see art. 1(2)
I479
Sch. 14 para. 103 in force at 12.4.2010, see art. 1(2)
I480
Sch. 14 para. 104 in force at 12.4.2010, see art. 1(2)
I481
Sch. 14 para. 105 in force at 12.4.2010, see art. 1(2)
I482
Sch. 14 para. 106 in force at 12.4.2010, see art. 1(2)
I483
Sch. 14 para. 107 in force at 12.4.2010, see art. 1(2)
I484
Sch. 14 para. 108 in force at 12.4.2010, see art. 1(2)
I485
Sch. 15 para. 1 in force at 12.4.2010, see art. 1(2)
I486
Sch. 15 para. 2 in force at 12.4.2010, see art. 1(2)
I487
Sch. 15 para. 3 in force at 12.4.2010, see art. 1(2)
I488
Sch. 15 para. 4 in force at 12.4.2010, see art. 1(2)
I489
Sch. 15 para. 5 in force at 12.4.2010, see art. 1(2)
I490
Sch. 15 para. 6 in force at 12.4.2010, see art. 1(2)
I491
Sch. 15 para. 7 in force at 12.4.2010, see art. 1(2)
I492
Sch. 15 para. 8 in force at 12.4.2010, see art. 1(2)
I493
Sch. 15 para. 9 in force at 12.4.2010, see art. 1(2)
I494
Sch. 15 para. 10 in force at 12.4.2010, see art. 1(2)
I495
Sch. 15 para. 11 in force at 12.4.2010, see art. 1(2)
I496
Sch. 15 para. 12 in force at 12.4.2010, see art. 1(2)
I497
Sch. 15 para. 13 in force at 12.4.2010, see art. 1(2)
I498
Sch. 15 para. 14 in force at 12.4.2010, see art. 1(2)
I499
Sch. 15 para. 15 in force at 12.4.2010, see art. 1(2)
I500
Sch. 15 para. 16 in force at 12.4.2010, see art. 1(2)
I501
Sch. 15 para. 17 in force at 12.4.2010, see art. 1(2)
I502
Sch. 15 para. 18 in force at 12.4.2010, see art. 1(2)
I503
Sch. 15 para. 19 in force at 12.4.2010, see art. 1(2)
I504
Sch. 15 para. 20 in force at 12.4.2010, see art. 1(2)
I505
Sch. 15 para. 21 in force at 12.4.2010, see art. 1(2)
I506
Sch. 15 para. 22 in force at 12.4.2010, see art. 1(2)
I507
Sch. 15 para. 23 in force at 12.4.2010, see art. 1(2)
I508
Sch. 15 para. 24 in force at 12.4.2010, see art. 1(2)
I509
Sch. 15 para. 25 in force at 12.4.2010, see art. 1(2)
I510
Sch. 15 para. 26 in force at 12.4.2010, see art. 1(2)
I511
Sch. 15 para. 27 in force at 12.4.2010, see art. 1(2)
I512
Sch. 16 para. 1 in force at 12.4.2010, see art. 1(2)
I513
Sch. 16 para. 2 in force at 12.4.2010, see art. 1(2)
I514
Sch. 16 para. 3 in force at 12.4.2010, see art. 1(2)
I515
Sch. 16 para. 4 in force at 12.4.2010, see art. 1(2)
I516
Sch. 16 para. 5 in force at 12.4.2010, see art. 1(2)
I517
Sch. 16 para. 6 in force at 12.4.2010, see art. 1(2)
I518
Sch. 16 para. 7 in force at 12.4.2010, see art. 1(2)
I519
Sch. 17 para. 1 in force at 12.4.2010, see art. 1(2)
I520
Sch. 17 para. 2 in force at 12.4.2010, see art. 1(2)
I521
Sch. 17 para. 3 in force at 12.4.2010, see art. 1(2)
I522
Sch. 17 para. 4 in force at 12.4.2010, see art. 1(2)
I523
Sch. 17 para. 5 in force at 12.4.2010, see art. 1(2)
I524
Sch. 17 para. 6 in force at 12.4.2010, see art. 1(2)
I525
Sch. 17 para. 7 in force at 12.4.2010, see art. 1(2)
I526
Sch. 17 para. 8 in force at 12.4.2010, see art. 1(2)
I527
Sch. 17 para. 9 in force at 12.4.2010, see art. 1(2)
I528
Sch. 17 para. 10 in force at 12.4.2010, see art. 1(2)
I529
Sch. 17 para. 11 in force at 12.4.2010, see art. 1(2)
I530
Sch. 17 para. 12 in force at 12.4.2010, see art. 1(2)
I531
Sch. 17 para. 13 in force at 12.4.2010, see art. 1(2)
I532
Sch. 17 para. 14 in force at 12.4.2010, see art. 1(2)
I533
Sch. 17 para. 15 in force at 12.4.2010, see art. 1(2)
I534
Sch. 17 para. 16 in force at 12.4.2010, see art. 1(2)
I535
Sch. 17 para. 17 in force at 12.4.2010, see art. 1(2)
I536
Sch. 17 para. 18 in force at 12.4.2010, see art. 1(2)
I537
Sch. 17 para. 19 in force at 12.4.2010, see art. 1(2)
I538
Sch. 17 para. 20 in force at 12.4.2010, see art. 1(2)
I539
Sch. 17 para. 21 in force at 12.4.2010, see art. 1(2)
I540
Sch. 17 para. 22 in force at 12.4.2010, see art. 1(2)
I541
Sch. 17 para. 23 in force at 12.4.2010, see art. 1(2)
I542
Sch. 17 para. 24 in force at 12.4.2010, see art. 1(2)
I543
Sch. 17 para. 25 in force at 12.4.2010, see art. 1(2)
I544
Sch. 17 para. 26 in force at 12.4.2010, see art. 1(2)
I545
Sch. 17 para. 27 in force at 12.4.2010, see art. 1(2)
I546
Sch. 17 para. 28 in force at 12.4.2010, see art. 1(2)
I547
Sch. 17 para. 29 in force at 12.4.2010, see art. 1(2)
I548
Sch. 17 para. 30 in force at 12.4.2010, see art. 1(2)
I549
Sch. 17 para. 31 in force at 12.4.2010, see art. 1(2)
I550
Sch. 17 para. 32 in force at 12.4.2010, see art. 1(2)
I551
Sch. 17 para. 33 in force at 12.4.2010, see art. 1(2)
I552
Sch. 17 para. 34 in force at 12.4.2010, see art. 1(2)
I553
Sch. 17 para. 35 in force at 12.4.2010, see art. 1(2)
I554
Sch. 17 para. 36 in force at 12.4.2010, see art. 1(2)
I555
Sch. 17 para. 37 in force at 12.4.2010, see art. 1(2)
I556
Sch. 17 para. 38 in force at 12.4.2010, see art. 1(2)
I557
Sch. 17 para. 39 in force at 12.4.2010, see art. 1(2)
I558
Sch. 17 para. 40 in force at 12.4.2010, see art. 1(2)
I559
Sch. 17 para. 41 in force at 12.4.2010, see art. 1(2)
I560
Sch. 17 para. 42 in force at 12.4.2010, see art. 1(2)
I561
Sch. 17 para. 43 in force at 12.4.2010, see art. 1(2)
I562
Sch. 17 para. 44 in force at 12.4.2010, see art. 1(2)
I563
Sch. 17 para. 45 in force at 12.4.2010, see art. 1(2)
I564
Sch. 17 para. 46 in force at 12.4.2010, see art. 1(2)
I565
Sch. 17 para. 47 in force at 12.4.2010, see art. 1(2)
I566
Sch. 17 para. 48 in force at 12.4.2010, see art. 1(2)
I567
Sch. 17 para. 49 in force at 12.4.2010, see art. 1(2)
I568
Sch. 17 para. 50 in force at 12.4.2010, see art. 1(2)
I569
Sch. 17 para. 51 in force at 12.4.2010, see art. 1(2)
I570
Sch. 17 para. 52 in force at 12.4.2010, see art. 1(2)
I571
Sch. 17 para. 53 in force at 12.4.2010, see art. 1(2)
I572
Sch. 17 para. 54 in force at 12.4.2010, see art. 1(2)
I573
Sch. 17 para. 55 in force at 12.4.2010, see art. 1(2)
I574
Sch. 17 para. 56 in force at 12.4.2010, see art. 1(2)
I575
Sch. 17 para. 57 in force at 12.4.2010, see art. 1(2)
I576
Sch. 17 para. 58 in force at 12.4.2010, see art. 1(2)
I577
Sch. 18 para. 1 in force at 12.4.2010, see art. 1(2)
I578
Sch. 18 para. 2 in force at 12.4.2010, see art. 1(2)
I579
Sch. 18 para. 3 in force at 12.4.2010, see art. 1(2)
I580
Sch. 18 para. 4 in force at 12.4.2010, see art. 1(2)
I581
Sch. 18 para. 5 in force at 12.4.2010, see art. 1(2)
I582
Sch. 18 para. 6 in force at 12.4.2010, see art. 1(2)
I583
Sch. 18 para. 7 in force at 12.4.2010, see art. 1(2)
I584
Sch. 18 para. 8 in force at 12.4.2010, see art. 1(2)
I585
Sch. 18 para. 10 in force at 12.4.2010, see art. 1(2)
I586
Sch. 18 para. 11 in force at 12.4.2010, see art. 1(2)
I587
Sch. 18 para. 12 in force at 12.4.2010, see art. 1(2)
I588
Sch. 18 para. 13 in force at 12.4.2010, see art. 1(2)
I589
Sch. 18 para. 14 in force at 12.4.2010, see art. 1(2)
I590
Sch. 18 para. 15 in force at 12.4.2010, see art. 1(2)
I591
Sch. 18 para. 16 in force at 12.4.2010, see art. 1(2)
I592
Sch. 18 para. 17 in force at 12.4.2010, see art. 1(2)
I593
Sch. 18 para. 18 in force at 12.4.2010, see art. 1(2)
I594
Sch. 18 para. 19 in force at 12.4.2010, see art. 1(2)
I595
Sch. 18 para. 20 in force at 12.4.2010, see art. 1(2)
I596
Sch. 18 para. 21 in force at 12.4.2010, see art. 1(2)
I597
Sch. 18 para. 22 in force at 12.4.2010, see art. 1(2)
I598
Sch. 18 para. 23 in force at 12.4.2010, see art. 1(2)
I599
Sch. 18 para. 24 in force at 12.4.2010, see art. 1(2)
I600
Sch. 18 para. 25 in force at 12.4.2010, see art. 1(2)
I601
Sch. 18 para. 26 in force at 12.4.2010, see art. 1(2)
I602
Sch. 18 para. 27 in force at 12.4.2010, see art. 1(2)
I603
Sch. 18 para. 28 in force at 12.4.2010, see art. 1(2)
I604
Sch. 18 para. 29 in force at 12.4.2010, see art. 1(2)
I605
Sch. 18 para. 30 in force at 12.4.2010, see art. 1(2)
I606
Sch. 18 para. 31 in force at 12.4.2010, see art. 1(2)
I607
Sch. 18 para. 32 in force at 12.4.2010, see art. 1(2)
I608
Sch. 18 para. 33 in force at 12.4.2010, see art. 1(2)
I609
Sch. 18 para. 34 in force at 12.4.2010, see art. 1(2)
I610
Sch. 18 para. 35 in force at 12.4.2010, see art. 1(2)
I611
Sch. 18 para. 36 in force at 12.4.2010, see art. 1(2)
I612
Sch. 18 para. 37 in force at 12.4.2010, see art. 1(2)
I613
Sch. 18 para. 38 in force at 12.4.2010, see art. 1(2)
I614
Sch. 18 para. 39 in force at 12.4.2010, see art. 1(2)
I615
Sch. 18 para. 40 in force at 12.4.2010, see art. 1(2)
I616
Sch. 18 para. 41 in force at 12.4.2010, see art. 1(2)
I617
Sch. 18 para. 42 in force at 12.4.2010, see art. 1(2)
I618
Sch. 18 para. 43 in force at 12.4.2010, see art. 1(2)
I619
Sch. 18 para. 44 in force at 12.4.2010, see art. 1(2)
I620
Sch. 18 para. 45 in force at 12.4.2010, see art. 1(2)
I621
Sch. 18 para. 46 in force at 12.4.2010, see art. 1(2)
I622
Sch. 18 para. 47 in force at 12.4.2010, see art. 1(2)
I623
Sch. 18 para. 48 in force at 12.4.2010, see art. 1(2)
I624
Sch. 18 para. 49 in force at 12.4.2010, see art. 1(2)
I625
Sch. 18 para. 50 in force at 12.4.2010, see art. 1(2)
I626
Sch. 18 para. 51 in force at 12.4.2010, see art. 1(2)
I627
Sch. 18 para. 52 in force at 12.4.2010, see art. 1(2)
I628
Sch. 18 para. 53 in force at 12.4.2010, see art. 1(2)
I629
Sch. 18 para. 54 in force at 12.4.2010, see art. 1(2)
I630
Sch. 18 para. 55 in force at 12.4.2010, see art. 1(2)
I631
Sch. 18 para. 56 in force at 12.4.2010, see art. 1(2)
I632
Sch. 18 para. 57 in force at 12.4.2010, see art. 1(2)
I633
Sch. 18 para. 58 in force at 12.4.2010, see art. 1(2)
I634
Sch. 18 para. 59 in force at 12.4.2010, see art. 1(2)
I635
Sch. 18 para. 60 in force at 12.4.2010, see art. 1(2)
I636
Sch. 18 para. 61 in force at 12.4.2010, see art. 1(2)
I637
Sch. 18 para. 62 in force at 12.4.2010, see art. 1(2)
I638
Sch. 18 para. 63 in force at 12.4.2010, see art. 1(2)
I639
Sch. 18 para. 64 in force at 12.4.2010, see art. 1(2)
I640
Sch. 18 para. 65 in force at 12.4.2010, see art. 1(2)
I641
Sch. 18 para. 66 in force at 12.4.2010, see art. 1(2)
I642
Sch. 18 para. 67 in force at 12.4.2010, see art. 1(2)
I643
Sch. 18 para. 68 in force at 12.4.2010, see art. 1(2)
I644
Sch. 18 para. 69 in force at 12.4.2010, see art. 1(2)
I645
Sch. 18 para. 70 in force at 12.4.2010, see art. 1(2)
I646
Sch. 18 para. 71 in force at 12.4.2010, see art. 1(2)
I647
Sch. 18 para. 72 in force at 12.4.2010, see art. 1(2)
I648
Sch. 18 para. 73 in force at 12.4.2010, see art. 1(2)
I649
Sch. 18 para. 74 in force at 12.4.2010, see art. 1(2)
I650
Sch. 18 para. 75 in force at 12.4.2010, see art. 1(2)
I651
Sch. 18 para. 76 in force at 12.4.2010, see art. 1(2)
I652
Sch. 18 para. 77 in force at 12.4.2010, see art. 1(2)
I653
Sch. 18 para. 78 in force at 12.4.2010, see art. 1(2)
I654
Sch. 18 para. 79 in force at 12.4.2010, see art. 1(2)
I655
Sch. 18 para. 80 in force at 12.4.2010, see art. 1(2)
I656
Sch. 18 para. 81 in force at 12.4.2010, see art. 1(2)
I657
Sch. 18 para. 82 in force at 12.4.2010, see art. 1(2)
I658
Sch. 18 para. 83 in force at 12.4.2010, see art. 1(2)
I659
Sch. 18 para. 84 in force at 12.4.2010, see art. 1(2)
I660
Sch. 18 para. 85 in force at 12.4.2010, see art. 1(2)
I661
Sch. 18 para. 86 in force at 12.4.2010, see art. 1(2)
I662
Sch. 18 para. 87 in force at 12.4.2010, see art. 1(2)
I663
Sch. 18 para. 88 in force at 12.4.2010, see art. 1(2)
I664
Sch. 18 para. 89 in force at 12.4.2010, see art. 1(2)
I665
Sch. 18 para. 90 in force at 12.4.2010, see art. 1(2)
I666
Sch. 18 para. 91 in force at 12.4.2010, see art. 1(2)
I667
Sch. 18 para. 92 in force at 12.4.2010, see art. 1(2)
I668
Sch. 18 para. 93 in force at 12.4.2010, see art. 1(2)
I669
Sch. 18 para. 94 in force at 12.4.2010, see art. 1(2)
I670
Sch. 18 para. 95 in force at 12.4.2010, see art. 1(2)
I671
Sch. 18 para. 96 in force at 12.4.2010, see art. 1(2)
I672
Sch. 18 para. 97 in force at 12.4.2010, see art. 1(2)
I673
Sch. 18 para. 98 in force at 12.4.2010, see art. 1(2)
I674
Sch. 18 para. 99 in force at 12.4.2010, see art. 1(2)
I675
Sch. 18 para. 100 in force at 12.4.2010, see art. 1(2)
I676
Sch. 18 para. 101 in force at 12.4.2010, see art. 1(2)
I677
Sch. 18 para. 102 in force at 12.4.2010, see art. 1(2)
I678
Sch. 18 para. 103 in force at 12.4.2010, see art. 1(2)
I679
Sch. 18 para. 104 in force at 12.4.2010, see art. 1(2)
I680
Sch. 18 para. 105 in force at 12.4.2010, see art. 1(2)
I681
Sch. 18 para. 106 in force at 12.4.2010, see art. 1(2)
I682
Sch. 18 para. 107 in force at 12.4.2010, see art. 1(2)
I683
Sch. 18 para. 108 in force at 12.4.2010, see art. 1(2)
I684
Sch. 18 para. 109 in force at 12.4.2010, see art. 1(2)
I685
Sch. 18 para. 110 in force at 12.4.2010, see art. 1(2)
I686
Sch. 18 para. 111 in force at 12.4.2010, see art. 1(2)
I687
Sch. 18 para. 112 in force at 12.4.2010, see art. 1(2)
I688
Sch. 18 para. 113 in force at 12.4.2010, see art. 1(2)
I689
Sch. 18 para. 114 in force at 12.4.2010, see art. 1(2)
I690
Sch. 18 para. 115 in force at 12.4.2010, see art. 1(2)
I691
Sch. 18 para. 116 in force at 12.4.2010, see art. 1(2)
I692
Sch. 18 para. 117 in force at 12.4.2010, see art. 1(2)
I693
Sch. 18 para. 118 in force at 12.4.2010, see art. 1(2)
I694
Sch. 18 para. 119 in force at 12.4.2010, see art. 1(2)
I695
Sch. 18 para. 120 in force at 12.4.2010, see art. 1(2)
I696
Sch. 18 para. 121 in force at 12.4.2010, see art. 1(2)
I697
Sch. 18 para. 122 in force at 12.4.2010, see art. 1(2)
I698
Sch. 18 para. 123 in force at 12.4.2010, see art. 1(2)
I699
Sch. 18 para. 124 in force at 12.4.2010, see art. 1(2)
I700
Sch. 18 para. 125 in force at 12.4.2010, see art. 1(2)
I701
Sch. 18 para. 126 in force at 12.4.2010, see art. 1(2)
I702
Sch. 18 para. 127 in force at 12.4.2010, see art. 1(2)
I703
Sch. 18 para. 128 in force at 12.4.2010, see art. 1(2)
I704
Sch. 18 para. 129 in force at 12.4.2010, see art. 1(2)
I705
Sch. 18 para. 130 in force at 12.4.2010, see art. 1(2)
I706
Sch. 18 para. 131 in force at 12.4.2010, see art. 1(2)
I707
Sch. 18 para. 132 in force at 12.4.2010, see art. 1(2)
I708
Sch. 18 para. 133 in force at 12.4.2010, see art. 1(2)
I709
Sch. 18 para. 134 in force at 12.4.2010, see art. 1(2)
I710
Sch. 18 para. 135 in force at 12.4.2010, see art. 1(2)
I711
Sch. 18 para. 136 in force at 12.4.2010, see art. 1(2)
I712
Sch. 18 para. 137 in force at 12.4.2010, see art. 1(2)
I713
Sch. 18 para. 138 in force at 12.4.2010, see art. 1(2)
I714
Sch. 18 para. 139 in force at 12.4.2010, see art. 1(2)
I715
Sch. 18 para. 140 in force at 12.4.2010, see art. 1(2)
I716
Sch. 18 para. 141 in force at 12.4.2010, see art. 1(2)
I717
Sch. 18 para. 142 in force at 12.4.2010, see art. 1(2)
I718
Sch. 18 para. 143 in force at 12.4.2010, see art. 1(2)
I719
Sch. 18 para. 144 in force at 12.4.2010, see art. 1(2)
I720
Sch. 18 para. 145 in force at 12.4.2010, see art. 1(2)
I721
Sch. 18 para. 146 in force at 12.4.2010, see art. 1(2)
I722
Sch. 18 para. 147 in force at 12.4.2010, see art. 1(2)
I723
Sch. 18 para. 148 in force at 12.4.2010, see art. 1(2)
I724
Sch. 18 para. 149 in force at 12.4.2010, see art. 1(2)
I725
Sch. 18 para. 150 in force at 12.4.2010, see art. 1(2)
I726
Sch. 18 para. 151 in force at 12.4.2010, see art. 1(2)
I727
Sch. 18 para. 152 in force at 12.4.2010, see art. 1(2)
I728
Sch. 18 para. 153 in force at 12.4.2010, see art. 1(2)
I729
Sch. 18 para. 154 in force at 12.4.2010, see art. 1(2)
I730
Sch. 18 para. 155 in force at 12.4.2010, see art. 1(2)
I731
Sch. 18 para. 156 in force at 12.4.2010, see art. 1(2)
I732
Sch. 18 para. 157 in force at 12.4.2010, see art. 1(2)
I733
Sch. 18 para. 158 in force at 12.4.2010, see art. 1(2)
I734
Sch. 18 para. 159 in force at 12.4.2010, see art. 1(2)
I735
Sch. 18 para. 160 in force at 12.4.2010, see art. 1(2)
I736
Sch. 18 para. 161 in force at 12.4.2010, see art. 1(2)
I737
Sch. 18 para. 162 in force at 12.4.2010, see art. 1(2)
I738
Sch. 18 para. 163 in force at 12.4.2010, see art. 1(2)
I739
Sch. 18 para. 164 in force at 12.4.2010, see art. 1(2)
I740
Sch. 18 para. 165 in force at 12.4.2010, see art. 1(2)
I741
Sch. 18 para. 166 in force at 12.4.2010, see art. 1(2)
I742
Sch. 18 para. 167 in force at 12.4.2010, see art. 1(2)
I743
Sch. 18 para. 168 in force at 12.4.2010, see art. 1(2)
I744
Sch. 18 para. 169 in force at 12.4.2010, see art. 1(2)
I745
Sch. 18 para. 170 in force at 12.4.2010, see art. 1(2)
I746
Sch. 18 para. 171 in force at 12.4.2010, see art. 1(2)
I747
Sch. 18 para. 172 in force at 12.4.2010, see art. 1(2)
I748
Sch. 18 para. 173 in force at 12.4.2010, see art. 1(2)
I749
Sch. 18 para. 174 in force at 12.4.2010, see art. 1(2)
I750
Sch. 18 para. 175 in force at 12.4.2010, see art. 1(2)
I751
Sch. 19 para. 1 in force at 12.4.2010, see art. 1(2)
I752
Sch. 19 para. 2 in force at 12.4.2010, see art. 1(2)
I753
Sch. 19 para. 3 in force at 12.4.2010, see art. 1(2)
I754
Sch. 19 para. 4 in force at 12.4.2010, see art. 1(2)
I755
Sch. 19 para. 5 in force at 12.4.2010, see art. 1(2)
I756
Sch. 19 para. 6 in force at 12.4.2010, see art. 1(2)
I757
Sch. 19 para. 7 in force at 12.4.2010, see art. 1(2)
I758
Sch. 19 para. 9 in force at 12.4.2010, see art. 1(2)
I759
Sch. 20 in force at 12.4.2010, see art. 1(2)
I760
Sch. 21 in force at 12.4.2010, see art. 1(2)
F1
Art. 22 ceases to have effect (18.10.2012) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 3(4) (with arts. 24-28)
F2
Sch. 18 Pt. 1 para. 9 revoked (22.3.2013) by The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 (S.I. 2013/686), art. 1(2), Sch. 2
F3
Words in Sch. 12 para. 2(1) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(a)(i) (with reg. 31)
F4
Sch. 12 para. 2(4) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(a)(ii) (with reg. 31)
F5
Words in Sch. 12 para. 2(5) substituted (2.9.2014) by The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(a)(iii) (with reg. 31)
F6
Sch. 12 para. 4(2) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(i) (with reg. 31)
F7
Sch. 12 para. 4(6)(d) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F8
Words in Sch. 12 para. 4(6) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(iii) (with reg. 31)
F9
Sch. 12 para. 4(6)(k) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F10
Sch. 12 para. 4(6)(n) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F11
Sch. 12 para. 4(6)(i) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F12
Sch. 12 para. 4(6)(c) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F13
Sch. 12 para. 4(6)(h) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F14
Sch. 12 para. 4(6)(f) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F15
Sch. 12 para. 4(6)(e) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(ii) (with reg. 31)
F16
Words in Sch. 12 para. 4(7) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(iv) (with reg. 31)
F17
Words in Sch. 12 para. 4(11) omitted (2.9.2014) by virtue of The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(10)(b)(v) (with reg. 31)
F18
Sch. 19 para. 8 revoked (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 3 Pt. 2 (with reg. 5)
F19
Sch. 3 paras. 5-7 revoked (1.9.2014) by Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 102 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(f)(vi)(cc)
1
1998 c. 47. Section 86 was amended by section 4 of the Northern Ireland Act 2009 (c. 3). Section 86A was inserted by section 19 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).
2
S.I. 2010/977.
3
1994 c. 33.
4
1984 c. 47.
5
1997 c. 43.
6
2007 c. 19.
7
2007 c. 27.
8
S.I. 2004/702 (N.I. 3).
9
2006 c. 38.
10
2002 c. 26.
11
2005 c. 15.
12
2001 c. 12.
13
2002 c. 26. Section 3(2)(b) was amended by Schedule 1 to the Justice (Northern Ireland) Act 2004 (c. 4). Section 3(8) was amended by section 2 of the Justice (Northern Ireland) Act 2004 (c. 4). Section 5A was inserted by the Constitutional Reform Act 2005 (c. 4), section 123; and amended by the Northern Ireland Act 2009 (c. 3), Schedule 3, paragraph 4. Schedule 2 was amended by section 2 of, and Schedule 1 to, the Justice (Northern Ireland) Act 2004 (c. 4).
14
2002 c. 26. Schedule 2 was amended by section 2 of, and Schedule 1 to, the Justice (Northern Ireland) Act 2004 (c. 4).
15
1954 c. 9 (N.I.). Functions of the Ministry of Finance under sections 2 and 20 were transferred to the Treasury by S.I. 1973/2163.
16
1978 c. 23. Functions under the Act were transferred to the Treasury by S.I. 1981/1670. Section 75 was substituted by S.R. (N.I.) 1982/300; subsection (1) was substituted, and subsections (6) to (9) were inserted, by section 103 of the Courts Act 2003 (c. 39). Section 78(1) was amended by the Administration of Justice Act 1982 (c. 53) section 70, Schedule 8, paragraph 6. Section 82 was amended by the Administration of Justice Act 1982 (c. 53) section 70, Schedule 8, paragraph 8 and the Constitutional Reform Act 2005 (c. 4), section 59(5), Schedule 11, Part 3, paragraph 6.
17
S.I. 1980/397 (N.I. 3).
18
S.I. 1981/226 (N.I. 6).
19
S.I. 1981/228 (N.I. 8). Article 36 was amended by S.I. 1982/159 and the Justice (Northern Ireland) Act 2002 (c. 26), Schedule 12, paragraph 26.
20
S.I. 1981/1675 (N.I. 26). Article 86A(6) was inserted by S.I. 1993/1576 (N.I. 6).
21
S.I. 1986/595 (N.I. 4).
22
S.I. 1996/1141 (N.I. 6). There are amendments to the Order, but none are relevant to this Article.
23
S.I. 1998/3162 (N.I. 21). There are amendments to the Order, but none are relevant to this Article.
24
S.I. 2003/435 (N.I. 10). There are amendments to the Order, but none are relevant to this Article.
25
S.R. (N.I.) 2000 No. 318.
26
S.R. (N.I.) 2002 No. 260.
27
S.I. 2005/2042
28
S.R. (N.I.) 2008 No. 242.
29
S.R. (N.I.) 1995 No. 8.
30
S.R. (N.I.) 2009 No. 82.
31
1998 c. 47.
32
S.I. 1999/283 (N.I. 1). A reference to the Department of Justice is inserted into Schedule 1 by section 1(3) of the Department of Justice Act (Northern Ireland) 2010 (c. 3) (N.I.).
33
S.I. 2006/246.
34
1998 c. 47. Section 20 was amended by section 5 of the Northern Ireland (St Andrews Agreement) Act 2006 (c. 53).
35
1998 c. 47. Paragraph 11A was inserted by section 58 of the Constitutional Reform Act 2005 (c. 4).
36
2000 c. 32.
37
2002 c. 26.
38
2005 c. 4.
39
2006 c. 33.
40
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
41
1954 c. 9 (N.I.). Functions under the Act were transferred to the Secretary of State by S.I. 1973/2163.
42
1967 c. 29 (N.I.). By virtue of paragraph 8 of Schedule 12 to the Northern Ireland Act 1998 (c. 47) the reference to the making of an Order in Council by the Governor of Northern Ireland is to be construed as a reference to the making of an order by the Secretary of State.
43
1968 c. 29 (N.I.). Functions under the Act were transferred to the Secretary of State by S.I. 1973/2163.
44
S.I. 1976/226 (N.I. 4). The whole of the Order is prospectively repealed by S.I. 2008/1216 (N.I. 1).
45
S.I. 1977/1247 (N.I. 14). Relevant amendments were made by S.I. 1991/1711 (N.I. 16) and S.I. 2009/884 (N.I. 1).
46
S.I. 1978/1908 (N.I. 27).
47
S.I. 1980/704 (N.I. 6).
48
S.I. 1981/154 (N.I. 1). Article 180C was inserted as “180D” by S.I. 2007/916 (N.I. 10) and re-numbered as “180C” by S.R. (N.I.) 2008 No. 244.
49
S.I. 1981/1675 (N.I. 26). Relevant amendments were made by S.I. 1996/3160 (N.I. 24). There are other amendments, not relevant to this Schedule.
50
S.I. 1984/703 (N.I. 3). Relevant amendments were made by S.I. 1993/1576 (N.I. 6); S.I. 1994/2795 (N.I. 15); the Criminal Justice and Public Order Act 1994 (c. 33); S.I. 1996/3160 (N.I. 24).
51
S.I. 1986/595 (N.I. 4). Relevant amendments were made by S.I. 1996/3160 (N.I. 24).
52
S.I. 1988/1846 (N.I. 16).
53
S.I. 1988/1987 (N.I. 20). The definition of “authorised place of detention” was inserted by S.I. 1999/2789 (N.I. 8).
54
S.I. 1989/1341 (N.I. 12). Relevant amendments were made by section 72 of the Police (Northern Ireland) Act 2000 (c. 32); sections 42 and 43 of the Police (Northern Ireland) Act 2003 (c. 6); and S.I. 2007/288 (N.I. 2).
55
S.I. 1989/1344 (N.I. 15).
56
S.I. 1995/2994 (N.I. 18). Article 13 was amended by S.I. 2005/1965 (N.I. 15). Article 17B was inserted by S.I. 2007/916 (N.I. 10).
57
S.I. 1996/1299 (N.I. 9).
58
S.I. 1996/1320 (N.I. 10).
59
S.I. 1996/3158 (N.I. 22). Article 60A was inserted by S.I. 2008/1216 (N.I. 1).
60
S.I. 1996/3160 (N.I. 24). Relevant amendments were made by S.I. 2003/1247 (N.I. 13).
61
S.I. 1997/1180 (N.I. 9).
62
S.I. 1998/1504 (N.I. 9). Relevant amendments were made by the Justice (Northern Ireland) Act 2002 (c. 26), sections 54-60. There are other amendments, but none are relevant to this Schedule.
63
S.I. 1998/2839 (N.I. 20), to which there are amendments not relevant to this Schedule.
64
S.I. 1999/2789 (N.I. 8). Relevant amendments were made by S.I. 2003/1247 (N.I. 13). There are other amendments, but none are relevant to this Schedule.
65
S.I. 2002/796 (N.I. 1).
66
2009 c. 3.
67
S.I. 2003/1247 (N.I. 13); to which there are amendments not relevant to this Schedule.
68
S.I. 2004/1500 (N.I. 9).
69
S.I. 2004/1501 (N.I. 10).
70
S.I. 2004/1988 (N.I. 12); Relevant amendments were made by S.I. 2005/1965 (N.I. 15). There are other amendments, but none are relevant to this Schedule.
71
S.I. 2005/1965 (N.I. 15), as amended by S.I. 2007/288 (N.I. 2) and S.I. 2008/1216 (N.I. 1).
72
S.I. 2007/916 (N.I. 10); as amended by S.R. (N.I.) 2008 No. 244.
73
S.I. 2008/1216 (N.I. 1); as amended by S.I. 2008/1769 (N.I. 2).
74
S.I. 2008/1769 (N.I. 2).
75
1954 c. 9 (N.I.), as amended by S.I. 1973/2163.
76
1967 c. 29 (N.I.) By virtue of paragraph 8 of Schedule 12 to the Northern Ireland Act 1998 (c. 47) the reference to the making of an Order in Council by the Governor of Northern Ireland is to be construed as a reference to the making of an order by the Secretary of State.
77
1968 c. 29 (N.I.). Functions under the Act were transferred by S.I. 1973/2163. Section 32A was inserted by S.I. 1996/3160 (N.I. 24).
78
S.I. 1976/226 (N.I. 4). The whole of the Order is prospectively repealed by S.I. 2008/1216 (N.I. 1).
79
S.I. 1977/1247 (N.I. 14). Relevant amendments were made by S.I. 1991/1711 (N.I. 16) and S.I. 2009/884 (N.I. 1).
80
S.I. 1978/1908 (N.I. 27).
81
S.I. 1980/704 (N.I. 6); to which there are amendments not relevant to this Schedule.
82
S.I. 1981/154 (N.I. 1). Articles 180B and 180C were inserted as “180C” and “180D” respectively by S.I. 2007/916 (N.I. 10) and re-numbered as “180B” and “180C” by S.R. (N.I.) 2008 No. 244 (C. 13).
83
S.I. 1984/703 (N.I. 3). Relevant amendments were made by S.I. 1993/1576 (N.I. 6); S.I. 1994/2795 (N.I. 15); the Criminal Justice and Public Order Act 1994 (c. 33); S.I. 1996/3160 (N.I. 24).
84
S.I. 1986/595 (N.I. 4). Schedule 2A was inserted by S.I. 1996/3160 (N.I. 24).
85
S.I. 1988/1846 (N.I. 16).
86
S.I. 1988/1987 (N.I. 20). The definition of “authorised place of detention” was inserted by S.I. 1999/2789 (N.I. 8).
87
S.I. 1989/1341 (N.I. 12). Article 89 was amended by section 72 of the Police (Northern Ireland) Act 2000 (c. 32); section 42 of the Police (Northern Ireland) Act 2003 (c. 6); and S.I. 2007/288 (N.I. 2).
88
S.I. 1995/2994 (N.I. 18). Article 13(2B) was inserted by S.I. 2005/1965 (N.I. 15).
89
S.I. 1996/1299 (N.I. 9). Article 56 was amended by Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).
90
S.I. 1996/1320 (N.I. 10).
91
S.I. 1996/3158 (N.I. 22).
92
S.I. 1996/3160 (N.I. 24). Article 57 was amended by S.I. 2003/1247 (N.I. 13).
93
S.I. 1998/1504 (N.I. 9). Articles 3A to 3C were inserted by section 57 of the Justice (Northern Ireland) Act 2002 (c. 26). Articles 33A to 33E were inserted by section 59 of that Act. Articles 36A to 36D were inserted by section 54 of that Act. Articles 36E to 36I were inserted by section 55 of that Act. Articles 36J to 36L were inserted by section 60 of that Act. Other amendments have been made to the Order which are not relevant to this Schedule.
94
S.I. 1998/2839 (N.I. 20).
95
S.I. 1999/2789 (N.I. 8).
96
S.I. 2002/796 (N.I. 1).
97
S.I. 2003/1247 (N.I. 13).
98
S.I. 2004/1500 (N.I. 9).
99
S.I. 2004/1501 (N.I. 10).
100
S.I. 2004/1988 (N.I. 12). Article 2(4A) to (4C) was inserted by S.I. 2005/1965 (N.I. 15).
101
S.I. 2005/1965 (N.I. 15).
102
S.I. 2007/916 (N.I.10).
103
S.I. 2008/1769 (N.I. 2).
104
S.I. 1987/463 (N.I. 7), amended by the Public Processions (Northern Ireland) Act 1998 (c. 2), Schedule 3, paragraph 3; the Anti-Terrorism, Crime and Security Act 2001 (c. 24), sections 95-97; and by S.I. 2005/857 (N.I. 2).
105
1998 c. 32.
106
Section 25 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32). Other amendments to section 25 are not relevant.
107
Section 26 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
108
Section 27 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32); section 102 of the Police Reform Act 2002 (c. 30). Other amendments to section 27 are not relevant.
109
Section 28 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
110
Section 29 was amended by section 103 of the Police Reform Act 2002 (c. 30). Other amendments to section 29 are not relevant.
111
Section 33 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
112
Section 40 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32). Other amendments to section 40 are not relevant.
113
Section 41 was amended by section 30 of, and Schedule 6 to, the Police (Northern Ireland) Act 2000 (c. 32); section 3 of the Police Reform Act 2002 (c. 30); Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15).
114
1998 c. 47.
115
Section 42 was amended by section 30 of, and Schedule 6 to, the Police (Northern Ireland) Act 2000 (c. 32); Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26); section 3 of the Police Reform Act 2002 (c. 30); Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15).
116
Section 45 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
117
Section 46 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
118
Section 52 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32); section 34 of the Justice (Northern Ireland) Act 2002 (c. 26).
119
Section 55 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32). Other amendments to section 55 are not relevant.
120
1998 c. 47. There are amendments to section 4, but none are relevant.
121
Section 60 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
122
Section 60A was inserted by section 13 of the Police (Northern Ireland) Act 2003 (c. 6).
123
Amendments have been made to section 61 but none are relevant.
124
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
125
Amendments have been made to section 63 but none are relevant.
126
2000 c. 32.
127
Section 64 was amended by sections 62 and 65 of, and Schedule 6 to, the Police (Northern Ireland) Act 2000 (c. 32); section 6 of the Justice (Northern Ireland) Act 2004 (c. 4).
128
1998 c. 47. There are amendments to section 4, but none are relevant.
129
2000 c. 23.
130
Section 65 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
131
Section 66 was amended by section 104 of the Police Reform Act 2002 (c. 30).
132
Section 72 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).
133
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
134
1946 c. 36.
135
Amendments have been made to Schedule 3 but none are relevant.
136
S.I. 1972/1073 (N.I. 10).
137
1972 c. 11.
138
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
139
1972 c. 11.
140
1998 c. 32.
141
S.I. 1972/1073 (N.I. 10).
142
2000 c. 32.
143
Section 4 was amended by S.I. 2007/912 (N.I. 6).
144
Section 9 was amended by section 6 of the Police (Northern Ireland) Act 2003 (c. 6).
145
Section 10 was amended by section 6 of the Police (Northern Ireland) Act 2003 (c. 6).
146
Section 12 was amended by section 7 of the Police (Northern Ireland) Act 2003 (c. 6).
147
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
148
Section 15A was inserted by Schedule 1 to the Police (Northern Ireland) Act 2003 (c. 6).
149
Section 24 was amended by section 1 of the Police (Northern Ireland) Act 2003 (c. 6).
150
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
151
Section 27 was amended by sections 2 and 6 of the Police (Northern Ireland) Act 2003 (c. 6).
152
Section 28(6) was amended by section 8 of the Police (Northern Ireland) Act 2003 (c. 6).
153
Section 29 was amended by section 9 of the Police (Northern Ireland) Act 2003 (c. 6).
154
S.I. 2003/418 (N.I. 5).
155
S.I. 1987/460 (N.I. 5).
156
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
157
Section 31 was amended by section 9 of the Police (Northern Ireland) Act 2003 (c. 6).
158
Section 33A was inserted by section 22 of the Police (Northern Ireland) Act 2003 (c. 6).
159
Section 36A was inserted by section 24 of the Police (Northern Ireland) Act 2003 (c. 6).
160
Amendments have been made to section 41 but none are relevant.
161
Amendments have been made to section 44 but none are relevant.
162
Amendments have been made to section 52 but none are relevant.
163
Amendments have been made to section 57 but none are relevant.
164
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
165
Section 59 was amended by sections 10 and 27 of the Police (Northern Ireland) Act 2003.
166
Section 60 was amended by section 11 of the Police (Northern Ireland) Act 2003. Other amendments to section 60 are not relevant.
167
1998 c. 47.
168
Section 66 was amended by section 13 of the Police (Northern Ireland) Act 2003 (c. 6).
169
2000 c. 11.
170
Section 74A was inserted by section 27 of the Police (Northern Ireland) Act 2003 (c. 6).
171
2000 c. 32.
172
Section 76 was amended by S.I. 2001/2513 (N.I. 3).
173
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
174
Section 76A(1) was inserted by section 29 of the Police (Northern Ireland) Act 2003 (c. 6).
175
Amendments have been made to section 77(1) but none are relevant.
176
Amendments have been made to Schedule 1 but none are relevant.
177
Amendments have been made to Schedule 3 but none are relevant.
178
Schedule 3A was inserted by Schedule 1 to the Police (Northern Ireland) Act 2003 (c. 6). Amendments have been made to Schedule 3A but none are relevant.
179
S.R. (N.I.) 2000 No. 318, as amended by S.R. (N.I.) 2001 No. 184.
180
The “Act of 1998” is the Police (Northern Ireland) Act 1998 (c. 32).
181
1998 c. 47.
182
1998 c. 32.
183
S.R. (N.I.) 2002 No. 260. Regulation 11 was amended, and regulation 11A was inserted, by article 7 of S.I. 2008/817.
184
2003 c. 6.
185
Section 34 was amended by S.I. 2007/912 (N.I. 6).
186
1954 c. 33 (N.I.). Section 1(f) was amended by S.I. 1999/663.
187
Section 37(1) was amended by S.I. 2007/912 (N.I. 6).
188
Section 41(6) was amended by S.I. 1999/663.
189
2004 c. 36. Schedule 1 to the Act was amended by S.I. 2005/2043, S.I. 2005/3050, Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43) and S.I. 2008/3012. There are other amendments to the Act, but none are relevant.
190
S.I. 1979/1573 (N.I. 12).
191
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
192
S.I. 2005/2042
193
2004 c. 36.
194
S.R. (N.I) 2008 No. 242.
195
1998 c. 47.
196
2003 c. 6.
197
1953 c. 18 (N.I.). Functions under the Act were transferred by, and sections 5 and 43 were amended by, S.I. 1973/2163. Section 10 was substituted by S.I. 2005/1965 (N.I. 15). Section 13 was amended by section 31 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (N.I), S.I. 1976/226 (N.I. 4), S.I. 1980/1084 (N.I. 10) and S.I. 2005/1965 (N.I. 15). Section 16 was amended by S.I. 1980/397 (N.I. 3) and S.I. 1986/1883 (N.I. 15). Sections 19A and 19B were inserted by S.I. 2004/704 (N.I. 5). Section 34 was substituted, and sections 34A to 34C inserted, by S.I. 2008/1216 (N.I. 1). Section 41 was substituted by S.I. 1982/713 (N.I. 10). Section 47 was amended by S.I. 1989/1344 (N.I. 15), S.I. 1998/1504 (N.I. 9) and S.I. 2005/1965 (N.I. 15), and the Interpretation Act (Northern Ireland) 1954 (c. 33) (N.I.). The Schedules were repealed by the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (N.I.) and S.I. 1980/1084 (N.I. 10). There are other amendments to the Act, but none are relevant.
198
2000 c. 23.
199
1946 c. 36.
200
S.R. (N.I.) 1995 No. 8; as amended by S.R. (N.I.) 1995 No. 264, S.R. (N.I.) 1997 No. 86, S.R. (N.I.) 2000 No. 4, S.R. (N.I.) 2000 No. 267, S.R. (N.I.) 2001 No. 221, S.R. (N.I.) 2005 No. 153, S.R. (N.I.) 2008 No. 452 and S.R. (N.I.) 2009 No. 429.
201
S.R. (N.I.) 1995 No. 8.
202
1953 c. 18 (N.I.). Section 13 was amended by section 31 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (N.I), S.I. 1976/226 (N.I. 4), S.I. 1980/1084 (N.I. 10) and S.I. 2005/1965 (N.I. 15).
203
2000 c. 23. Amendments have been made to Schedule 1 but none are relevant.
204
S.I. 2001/2564 (N.I. 2), as amended by the Criminal Justice and Immigration Act 2008 (c. 4), Schedule 26, paragraph 51, and S.I. 2008/1216 (N.I. 1).
205
S.I. 2008/1216 (N.I. 1).
206
1953 c. 18 (N.I.).
207
S.I. 2001/2564 (N.I. 2), as amended by the Criminal Justice and Immigration Act 2008 (c. 4), Schedule 26, paragraph 51, and S.I. 2008/1216 (N.I. 1).
208
S.I. 1979/1573 (N.I. 12).
209
1946 c. 36.
210
S.R. (N.I) 2009 No. 82.
211
S.R. (N.I) 2009 No. 82.
212
S.I. 2008/1216 (N.I. 1).
213
S.R. (N.I.) 2001 No. 317.
214
1988 c. 33.
215
Section 133 was amended by section 61 of the Criminal Justice and Immigration Act 2008 (c. 4). Other amendments have been made to section 133 but none are relevant.
216
1998 c. 47.
217
Section 133A was inserted by section 61 of the Criminal Justice and Immigration Act 2008 (c. 4).
218
S.I. 1979/1573 (N.I. 12).
219
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
220
Amendment have been made to Schedule 12 but none are relevant.
221
1995 c. 35.
222
Section 16 was amended by Schedule 11 to the Armed Forces Act 2006 (c. 52).
223
1998 c. 47.
224
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
225
1994 c. 33.
226
S.I. 1979/1573 (N.I. 12).
227
Section 41(6) was amended by S.I. 1999/663.
228
Section 127 was amended by S.I. 1999/1820. Other amendments have been made to section 127 but none are relevant.
229
Section 127A was inserted by section 139 of the Criminal Justice and Immigration Act 2008 (c. 4).
230
Section 128(5)(aa) was inserted by section 25 of the Offender Management Act 2007 (c. 21) and amended by S.I. 2008/1216 (N.I. 1).
231
1953 c. 18 (N.I.).
232
1984 c. 47. Sections 1(9), 2(3A), 4(5), 5(8), 6(5), 7(3A) and 8(4) were inserted by S.I. 1999/1820. The Act was modified by S.I. 1999/1748 and amended by the Criminal Justice and Immigration Act 2008 (c. 4), sections 93-96 and Schedule 26. There have been other amendments to the Act, but none are relevant.
233
1997 c. 43. Schedule 1 was amended by the Crime and Disorder Act 1998 (c. 37) Schedule 8, paragraph 135; S.I. 1999/1820; S.I. 2001/2565; section 13 of the Justice (Northern Ireland) Act 2004 (c. 4); and S.I. 2008/1241.
234
2007 c. 19, to which there are amendments not relevant to this Order.
235
1998 c. 47.
236
S.I. 1979/1573 (N.I. 12).
237
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
238
Section 41(3) was substituted by S.I. 1999/663.
239
2007 c. 27.
240
1998 c. 47.
241
S.I. 1989/2405 (N.I. 19).
242
S.I. 1979/1573 (N.I. 12).
243
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
244
Section 41(6) was amended by S.I. 1999/663.
245
S.I. 2004/702 (N.I. 3), as amended by S.I. 2005/1966 (N.I. 16). There are other amendments of that Order, but none are relevant.
246
1946 c. 36.
247
2006 c. 38, to which there are amendments not relevant to this Order.
248
S.I. 1979/1573 (N.I. 12).
249
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
250
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
251
S.I. 1979/1573 (N.I. 12).
252
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
253
1875 c. 17, as modified, in relation to functions of Her Majesty, by S.R. & O. 1922 No. 183; Schedule 1 to the Irish Free State (Consequential Provisions) Act 1922 (Session 2 c. 2); Schedule 5 to the Northern Ireland Constitution Act 1973 (c. 36); Schedule 12 to the Northern Ireland Act 1998 (c. 47). Functions under the Act were transferred by S.I. 1973/2163. Section 43 was amended by the Customs and Excise Act 1952 (c. 44), Schedule 10; S.I. 1978/1885, Schedule 2, paragraphs 3 and 15; the Customs and Excise Management Act 1979 (c. 2), Schedule 4, paragraph 12; S.R. (N.I.) 2006 No. 425; and the Health and Safety (Offences) Act 2008 (c. 20) Schedule 3, paragraph 1. Section 83 was amended by S.R. (N.I.) 2006 No. 425. Section 96 was amended by S.I. 1974/1885. There are other amendments to the Act, but none are relevant.
254
1970 c.10 (N.I.) Section 3 was extended by S.I. 1972/730 (N.I. 3). Functions under section 3 were transferred by S.I. 1973/2163. Section 3 was amended by S.R. (N.I.) 2006 No. 425.
255
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
256
S.I. 1978/1039 (N.I. 9).
257
1998 c. 47.
258
S.I. 1979/1573 (N.I. 12).
259
1946 c. 36.
260
S.R. & O (N.I.) 1970 No. 110.
261
S.R. & O (N.I.) 1971 No. 332.
262
S.R. & O (N.I.) 1973 No. 474.
263
S.R. (N.I.) 1977 No. 128.
264
S.R. (N.I.) 1995 No. 87.
265
S.R. (N.I.) 1996 No. 262.
266
1875 c. 17.
267
S.I. 1978/1039 (N.I. 9).
268
2002 c. 26.
269
Section 46(1) was amended by S.R. (N.I.) 2003 No. 552; section 9(1) and (3) of, and Schedule 4 to, the Justice (Northern Ireland) Act 2004 (c. 4); section 45 of the Justice and Security (Northern Ireland) Act 2007 (c. 6); S.I. 2008/1216 (N.I. 11).
270
Section 47 was amended by section 45 of the Justice and Security (Northern Ireland) Act 2007 (c. 6).
271
Section 49 was amended by section 45 of the Justice and Security (Northern Ireland) Act 2007 (c. 6).
272
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
273
1998 c. 47.
274
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
275
Section 69A was inserted by section 46 of the Domestic Violence, Crime and Victims Act 2003 (c. 28).
276
Section 69B was inserted by section 46 of the Domestic Violence, Crime and Victims Act 2003 (c. 28).
277
Section 90 was amended by the Justice (Northern Ireland) Order 2004 (c. 4), Schedule 1, paragraph 4; section 46 of the Domestic Violence, Crime and Victims Act 2004 (c. 28); section 61 of the Tribunals, Courts and Enforcement Act 2007 (c. 15); the Northern Ireland Act 2009 (c. 3), Schedule 4, paragraph 34 and the Department of Justice Act (Northern Ireland) 2010 (c. 3) (N.I.), Schedule, paragraph 14(4) .
278
2009 c. 3.
279
2010 c. 3 (N.I.)
280
1954 c. 33 (N.I.). Section 41(3) was amended by S.I. 1999/663.
281
Section 41(6) was amended by S.I. 1999/663.
282
1946 c. 36.
283
S.I. 1972/1073 (N.I. 10).
284
1972 c. 11.
285
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
286
S.I. 1972/1073 (N.I. 10).
287
1972 c. 11.
288
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
289
2002 c. 26
290
S.I. 1972/1073 (N.I. 10).
291
1959 c. 15 (N.I.). Functions under the Act were transferred to the Secretary of State by S.I. 1973/2163. There are other amendments to the Act, but none are relevant.
292
1968 c. 10 (N.I.). Functions under the Act were transferred by S.I. 1973/2163.
293
Section 1 was amended by S.I. 1973/2163 and S.I. 2003/1247 (N.I. 13).
294
Section 4(1) was substituted by S.I. 1982/159; and amended by the Criminal Appeal (Northern Ireland) Act 1980 (c. 47), Schedule 4, paragraph 6; S.I. 1988/1846 (N.I. 16); and S.I. 2004/1500 (N.I. 9).
295
Section 5A was inserted by section 18 of the Administration of Justice Act 1973 (c. 15).
296
Section 6(b) was amended by S.I. 1973/2163 and S.I. 1982/159.
297
Section 9 was amended by S.I. 1973/2163.
298
Section 10 was amended by S.I. 2003/1247 (N.I. 13) and the Statute Law Revision (Northern Ireland) Act 1980 (c. 50), Schedule, Part 4.
299
1973 c. 15. Section 18(2) was amended by S.I. 1980/704 (NI 6) and 2005 c. 4.
300
1980 c. 47. Functions under the Act were transferred to the Lord Chancellor, and relevant amendments were made to the Act, by S.I. 1982/159. Other relevant amendments were made by the Criminal Justice and Public Order Act 1994 (c. 33), section 53; the Criminal Justice Act 2003 (c. 44) Schedule 36, Part VI, paragraphs 91 and 93; and the Constitutional Reform Act 2005 (c. 4) Schedule 9, paragraph 33.
301
S.I. 1982/713 (N.I. 10). Article 15 was substituted by S.I. 1991/1711 (N.I. 16) and amended by the Justice (Northern Ireland) Act 2002 (c. 26).
302
1946 c. 36.
303
1978 c. 30.
304
1983 c. 20. Section 82 was amended by S.I. 1986/595; and the Mental Health Act 2007 (c. 12), Schedule 5, paragraph 8. Section 82A was inserted by the Crime (Sentences) Act 1997 (c. 43), section 48 and Schedule 3, paragraph 3; and amended by Schedule 5 to the Mental Health Act 2007 (c. 12), Schedule 5, paragraph 9. Section 86 was amended by the Mental Health Act 2007, Schedule 1, paragraph 15; and S.I. 2008/2833. Section 139 was amended by S.I. 2007/961. There are other amendments to the Act, but none are relevant.
305
1988 c. 33. Section 35 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 9, paragraph 34. Section 141 was amended by the Violent Crime Reduction Act 2006 (c. 38), Schedule 2, paragraph 11; and S.I. 2008/1216 (N.I. 1).
306
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
307
S.I. 1979/1573 (N.I. 12).
308
Section 41(3) was substituted by S.I. 1999/663.
309
1995 c. 46. Section 303 was amended by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). There are other amendments to the Act, but none are relevant.
310
S.I. 1995/757 (N.I. 3).
311
1996 c. 25. Schedule 4 modifies provisions of the Act in their application to Northern Ireland. There are relevant amendments to the provisions modified by Schedule 4. Section 6A was inserted by section 33(2) of the Criminal Justice Act 2003 (c. 44). Section 12 was amended by the Criminal Justice Act 2003 (c. 44), Schedule 36, paragraph 28. Section 21A was inserted by section 40 of the Criminal Justice Act 2003 (c. 44). Section 23 was amended by the Regulation of Investigatory Powers Act 2000 (c. 23), section 82, Schedule 4, paragraph 7.
312
2007 c. 6.
313
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
314
1998 c. 47.
315
S.I. 1979/1573 (N.I. 12).
316
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
317
Section 41(3) was substituted by S.I. 1999/663.
318
1997 c. 21 as amended by S.I. 2008/1216 (N.I. 1).
319
1997 c. 50. Sections 113A and 113B were inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by Schedule 9, paragraph 14 of the Safeguarding Vulnerable Groups Act 2006 (c. 47). Sections 113BA, 113BB and 113BC were inserted by the Safeguarding Vulnerable Groups Act 2006 (c. 47), Schedule 9, paragraph 14. Section 118(2A) was inserted by section 164 of the Serious Organised Crime and Police Act 2005 (c. 15). Section 119B was inserted by section 28 of the Safeguarding Vulnerable Groups Act 2006 (c. 47). Section 122A was inserted by the Criminal Justice Act 2003 (c. 44), section 328 and Schedule 35, paragraphs 1, 10. Section 125 was amended by the Criminal Justice Act 2003 (c. 44), Schedule 35, paragraph 12. Relevant amendments have also been made by Article 60(1) of, and paragraph 3 of Schedule 7 to, S.I. 2007/1351 (N.I. 11); sections 81(3)(h) and 96 and 97 of, and paragraph 118 of Schedule 7 to, the Policing and Crime Act 2009 (c. 26) (not yet in force).
320
S.I. 1979/1573 (N.I. 12).
321
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
322
Section 41(3) was substituted by S.I. 1999/663.
323
S.I. 1998/1504 (N.I. 9). Article 45 was amended by the Justice (Northern Ireland) Order 2002, Schedule 11, paragraph 19. Article 46 was amended by S.I. 2001/2564 (N.I. 2).
324
1999 c. 23, to which there are amendments not relevant to this Order.
325
2001 c. 16.
326
2002 c. 29, as amended by the Serious Crime Act 2007, section 74 and Schedule 8, paragraphs 66, 91, 119, 138, 139, 141and section 79 and Schedule 11, paragraph 2, 3, 4, 5, 11 and 15. There are other amendments to the Act, but none are relevant.
327
1998 c. 47.
328
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
329
1984 c. 60.
330
S.I. 1989/1341 (N.I. 12).
331
S.I. 1996/1299 (N.I. 9).
332
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
333
Section 41(3) was substituted by S.I. 1999/663.
334
2003 c. 32. Section 29 was amended by S.I. 2005/1965 (N.I. 15). There are other amendments to the Act, but none are relevant.
335
S.I. 1989/1341 (N.I. 12).
336
S.I. 1979/1573 (N.I. 12).
337
2003 c. 42. Section 138 was amended by the Criminal Justice and Immigration Act 2008, s.142(10) and Sch.26 para.57. There have been other amendments to the Act but none are relevant.
338
S.I. 1979/1573 (N.I. 12).
339
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
340
Section 41(6) was amended by S.I. 1999/663.
341
2003 c. 44, to which there are amendments not relevant to this Order.
342
1980 c. 47.
343
S.I. 1979/1573 (N.I. 12).
344
Section 41(3) was substituted by S.I. 1999/663.
345
Section 41(6) was amended by S.I. 1999/663.
346
S.I. 2003/439 (N.I. 11); as amended by section 9(5) of the Justice (Northern Ireland) Act 2004.
347
2004 c. 4.
348
1978 c. 23.
349
2004 c. 7. Section 22 was amended by section 250 of the Civil Partnership Act 2004. There are other amendments to the Act, but none are relevant.
350
1998 c. 47.
351
2004 c. 28, to which there are amendments not relevant to this Order.
352
S.I. 1979/1573 (N.I. 12).
353
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
354
2005 c. 4, to which there are amendments not relevant to this Order.
355
2006 c. 48. Section 13 was amended by S.I. 2008/678.
356
2008 c. 28, to which there are amendments not relevant to this Order.
357
2008 c. 4 (N.I.).
358
2009 c. 25.
359
1998 c. 47.
360
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
361
S.I. 1979/1573 (N.I. 12).
362
Section 41(6) was amended by S.I. 1999/663.
363
1998 c. 47.
364
2009 c. 26.
365
1998 c. 47.
366
2005 c. 15; as amended by S.I. 2007/1098. There are other amendments to the Act, but none are relevant.
367
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
368
1968 c. 19.
369
1980 c. 47.
370
The “2002 Act” is the Proceeds of Crime Act 2002 (c. 29).
371
S.I. 1979/1573 (N.I. 12).
372
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
373
Section 41(3) was substituted by S.I. 1999/663.
374
1998 c. 47.
375
2001 c. 12; as amended by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 15; sections 48-49 of the Justice and Security (Northern Ireland) Act 2007 (c. 6); and S.I. 2007/2201.
376
S.I. 1979/1573 (N.I. 12).
377
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
378
Section 41(3) was substituted by S.I. 1999/663.
379
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
380
1920 c. 33. Functions under the Act were transferred to the Lord Chancellor by S.I. 1992/709. Section 11 (application to Ireland) was amended by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), Schedule 1, Part 1, paragraph 5; S.I. 1993/1576 (N.I. 6); S.I. 1995/755 (N.I. 2).
381
1966 c.41. Section 3 was substituted by the Arbitration Act 1996 (c. 23).
382
1971 c. 38.
383
1972 c. 18. Functions of the Secretary of State under the Act, except in relation to Scotland, were transferred to the Lord Chancellor by S.I. 1992/709. Relevant amendments were made by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56).
384
1975 c. 47.
385
1978 c. 23.
386
Section 7(4) was amended by S.I. 1981/1670; the Constitutional Reform Act 2005 (c.4), section 145 and Schedule 17, paragraph 21,
387
Section 47(5) was amended by the Constitutional Reform Act 2005 (c.4), section 15(2) and Schedule 5, paragraphs 22 and 24.
388
Section 53(2) was amended by section 17(2) of the Justice (Northern Ireland) Act 2002 (c.26).
389
Sections 53A was inserted by the Constitutional Reform Act 2005 (c. 4), section 15(2) and Schedule 5, paragraphs 22, 28.
390
Section 54(5) was amended by section 17(3) of the Justice (Northern Ireland) Act 2002 (c. 26).
391
Section 55A was inserted by the Constitutional Reform Act 2005 (c. 4), section 15(2) and Schedule 5, paragraphs 22, 30.
392
Section 56(4) was amended by S.I. 1979/1573.
393
Section 68A was inserted by section 10 of the Constitutional Reform Act 2005 (c. 4).
394
Section 74 was amended by S.I. 1981/1670; the Northern Ireland Act 2009 (c. 3), section 2 and Schedule 4, paragraph 16.
395
Section 75 was substituted by S.R. 1982/300; subsection (1) was substituted, and subsections (6) to (9) were inserted, by section 103 of the Courts Act 2003 (c. 39). There are other amendments to section 75 in the Constitutional Reform Act 2005 (c.4), section 15(2) and Schedule 5, paragraphs 22 and 35.
396
Section 77(1) was amended by the Constitutional Reform Act 2005 (c. 4), section 59 and Schedule 11, paragraph 6.
397
Section 79(1) was amended by the Constitutional Reform Act 2005 (c. 4), section 59 and Schedule 11, paragraph 6.
398
Section 81 was amended by S.I. 1980/397; the Administration of Justice Act 1982 (c. 53), section 70 and Schedule 8, paragraph 7; the Constitutional Reform Act 2005 (c. 4), section 59 and Schedule 11, paragraph 6.
399
Section 85 was amended by the Administration of Justice Act 1982 (c. 53), section 70 and Schedule 8, paragraph 9; and the Constitutional Reform Act 2005 (c. 4), section 59 and Schedule 11, paragraph 6.
400
Section 103 was amended by the Constitutional Reform Act 2005 (c. 4), section 15(2), Schedule 5, paragraphs 22 and 36.
401
Section 117A was inserted by the Administration of Justice Act 1982 (c. 53), section 70 and Schedule 8, paragraph 12.
402
Paragraph 9 of Schedule 6 was amended by the Constitutional Reform Act 2005 (c. 4), section 15(2) and Schedule 5, paragraphs 22 and 40.
403
1980 c. 47. Functions under the Act were transferred to the Lord Chancellor, and relevant amendments were made to the Act, by S.I. 1982/159. Other relevant amendments were made by the Criminal Justice and Public Order Act 1994 (c. 33), section 53; the Criminal Justice Act 2003 (c. 44) Schedule 36, Part VI, paragraphs 91 and 93; and the Constitutional Reform Act 2005 (c. 4) Schedule 9, paragraph 33.
404
1982 c. 27. Functions under section 5 of the Act were transferred to the Lord Chancellor, and section 5 was amended, by S.I. 1992/709. Section 5A was inserted by S.I. 2009/3131. There are other amendments to the Act, but none are relevant.
405
1982 c. 53. Section 25(3)(c) was amended by the Constitutional Reform Act 2005 (c. 4), section 59 and Schedule 11, paragraph 27.
406
1984 c. 47. Section 4F was inserted by section 95 of the Criminal Justice and Immigration Act 2008 (c.4).
407
1988 c. 8. Relevant amendments were made by the Arbitration Act 1996 (c. 23), section 107 and Schedule 3, paragraph 49 and Schedule 4.
408
1992 c. 8. Relevant amendments were made by S.I. 1998/1506 (N.I. 10), Article 59; S.I. 1999/671, Article 4 and Schedule 3, paragraph 50(4) and Article 5 and Schedule 4, paragraph 8; the Tax Credits Act 2002 (c. 21), Schedule 4, paragraph 11; the Northern Ireland Act 2009 (c. 3), Schedule 4, paragraph 24.
409
2009 c. 3.
410
1996 c. 23; Relevant amendments were made by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 4, paragraph 250. There are other amendments to the Act, but none are relevant.
411
1996 c. 31. Relevant amendments were made by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 4, paragraph 255.
412
1996 c. 48. Relevant amendments were made by S.I. 1999/1820; the Courts Act 2003 (c.39), section 100; S.I. 2005/1452 (N.I. 7).
413
1998 c. 47.
414
2002 c.26. Relevant amendments were made by the Justice (Northern Ireland) Act 2004 (c.4), section 1 and Schedule 1, paragraph 1; and by the Constitutional Reform Act 2005 (c. 4), sections 11, 15 and 124 and Schedule 5, paragraphs 115(1), 118 and 124 and Schedule 15.
415
2002 c. 29.
416
2003 c. 39. Section 102 was amended by the Constitutional Reform Act 2005 (c. 4), sections 15 and 59, Schedule 4, paragraph 346 and Schedule 11, paragraph 6; section 47 of the Justice and Security (Northern Ireland) Act 2007 (c. 6). Section 109 was amended by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 4, paragraph 349.
417
2004 c. 4.
418
2004 c. 33. Section 188(4A) was inserted by S.I. 2006/1016; Schedule 1, paragraph 22. Relevant amendments are made to Schedule 15 by the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13) (N.I.), Schedule 5. Relevant amendments are made to Schedule 16 by S.I. 2006/1945 (N.I. 14) and S.I. 2006/1016, Schedule 1, paragraph 24.
419
2007 c. 20.
420
2009 c. 1.
421
1954 c. 9 (N.I.). Relevant amendments were made by S.I. 1973/2163.
422
1959 c. 15 (N.I.). Functions under section 2 were transferred to the Lord Chancellor by S.I. 1973/2163. Relevant amendments were made by the Judicature (Northern Ireland) Act 1978 (c. 23), section 122 and Schedule 5; the Access to Justice Act 1999 (c. 22), section 104(2); the Justice (Northern Ireland) Act 2002 (c. 26), section 5 and Schedule 3, paragraphs 11-15; the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 2-6; and the Northern Ireland Act 2009 (c. 3), section 2(3) and Schedule 4.
423
1968 c. 10 (N.I.).
424
1968 c. 34 (N.I.); Relevant amendments were made by the Judicature (Northern Ireland) Act 1978 (c. 23), Schedule 5; the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5. Functions under the Act were transferred by S.I. 1973/2163.
425
S.I. 1977/1250 (N.I. 17). Relevant amendments are made by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (N.I.), section 65; the Family Law Act (Northern Ireland) 2001 (c. 12) (N.I.), section 3. Functions under the Order were transferred to the Lord Chancellor by S.I. 1993/1576 (N.I. 6).
426
S.I. 1977/1251 (N.I. 18). Relevant amendments were made by the Administration of Justice Act 1982 (c. 53), section 69 and Schedule 6, paragraph 4.
427
S.I. 1977/2157 (N.I. 28). Relevant amendments were made by S.I. 2006/2954 (N.I. 18).
428
2009 c. 3.
429
S.I. 1978/1045 (N.I. 15); Relevant amendments were made by S.I. 1995/3213 (N.I. 22); S.I. 1999/3147 (N.I. 11); the Constitutional Reform Act 2005 (c. 4), Schedule 5, paragraph 41; S.I. 2005/255 (N.I. 1). There are other amendments to the Order, but none are relevant. Amendments by the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13) are not yet in force.
430
S.I. 1979/1575 (N.I. 14).
431
S.I. 1980/397 (N.I. 3); Relevant amendments were made by the Justice (Northern Ireland) Act 2002 (c. 26), section 12 and Schedule 5, paragraphs 12-19; and the Constitutional Reform Act (c. 4), section 15 and Schedule 5, paragraphs 48-59. There are other amendments to the Order, but none are relevant.
432
S.I. 1980/563 (N.I. 5). Functions under Article 4 were transferred to the Lord Chancellor by S.I. 1993/1576 (N.I. 6). Article 4 was amended by S.R. (N.I.) 1989 No. 323; the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraph 60.
433
S.I. 1981/226 (N.I. 6); Relevant amendments were made by S.I. 1983/1904 (N.I. 22) and S.I. 1986/1166 (N.I. 11). There are other amendments to the Order, but none are relevant.
434
S.I. 1981/228 (N.I. 8). Relevant amendments were made by section 40 of the Civil Jurisdiction and Judgments Act 1982 (c. 27); S.I. 1982/159; S.R. (N.I.) 1988 No. 417.
435
S.I. 1981/1675 (N.I. 26). Relevant amendments were made by S.I. 1993/1576 (N.I. 6); section 98(2) of the Access to Justice Act 1999 (c. 22); the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 62 and 65.
436
S.I. 1982/1082 (N.I. 4).
437
S.I. 1986/595 (N.I. 4).
438
2009 c. 3.
439
S.I. 1989/677 (N.I. 4). Relevant amendments were made by S.I. 1999/3147 (N.I. 11).
440
S.I. 1989/1341 (N.I. 12).
441
S.I. 1991/2628 (N.I. 23).
442
S.I. 1993/1576 (N.I. 6).
443
S.I. 1995/755 (N.I. 2).
444
S.I. 1996/1141 (N.I. 6).
445
S.I. 1996/1320 (N.I. 10).
446
S.I. 1998/1071 (N.I. 6).
447
S.I. 1998/1074 (N.I. 7).
448
S.I. 1998/1506 (N.I. 10).
449
2009 c. 3.
450
S.I. 1998/3162 (N.I. 21).
451
2009 c. 3.
452
S.I. 1999/2789 (N.I. 8).
453
S.I. 2002/3152 (N.I. 6).
454
S.I. 2003/435 (N.I. 10).
455
S.I. 2005/1455 (N.I. 10).
456
S.I. 2005/1964 (N.I. 14).
457
2009 c. 3.
458
S.I. 2008/1216 (N.I. 1).
459
2000 c. 4 (N.I.).
460
2008 c. 12 (N.I.).
461
1966 c. 41. Section 8 was amended by the Judicature (Northern Ireland) Act 1978 (c. 23), section 122(1) and Schedule 5, Part II. Section 3 was substituted by the Arbitration Act 1996 (c.23), section 170(1) and Schedule 3, paragraph 24.
462
1996 c. 23.
463
1971 c.38. Relevant amendments were made by the Constitutional Reform Act 2005 (c.4).
464
1972 c.18. Sections 14(2)(b) and 38(3)(b) were amended by S.I. 1973/2163. Functions of the Secretary of State under the Act, except in relation to Scotland, were transferred to the Lord Chancellor by S.I. 1992/709. Relevant amendments were made by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56).
465
1975 c. 47.
466
1962 c. 30.
467
S.I. 1979/1573 (N.I. 12).
468
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
469
1978 c.23. Section 117A was inserted by the Administration of Justice Act 1982, section 70 and Schedule 8, paragraph 12. Sections 53A and 55A were inserted by the Constitutional Reform Act 2005, section 15(2) and Schedule 5, paragraphs 22, 28 and 30. Section 70(1B) was inserted by paragraph 15(2) of Schedule 4 to the Northern Act 2009 (c.3). Section 119 was amended by paragraph 18 of Schedule 4 to the Northern Act 2009 (c.3).
470
1998 c. 47.
471
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
472
Section 41(3) was substituted by S.I. 1999/663.
473
S.I. 1972/1073 (N.I. 10).
474
2009 c. 3.
475
2010 c. 3 (N.I.).
476
S.I. 1979/1573 (N.I. 12).
477
1954 c. 33 (N.I.) Section 41(4) was amended by S.I. 1999/663.
478
1982 c.27. Functions under section 5 of the Act were transferred to the Lord Chancellor, and section 5 was amended, by S.I. 1992/709. Section 5A was inserted by S.I. 2009/3131.
479
1982 c.53; to which there are amendments not relevant to this Schedule.
480
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
481
S.I. 1979/1573 (N.I. 12).
482
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
483
1985 c.60.
484
1988 c.8. Relevant amendments are made by the Arbitration Act 1996 (c. 23), section 107 and Schedule 3, paragraph 49, and Schedule 4.
485
1991 c.48.
486
Paragraph 2(1) and (2) was amended by S.I. 2008/2833.
487
1992 c.5.
488
1992 c.8. Section 165 was amended by the Tax Credits Act 2002 (c. 21), Schedule 4, paragraph 10. Section 166 was amended by S.I. 1999/671; the Tax Credits Act 2002 (c. 21), Schedule 4, paragraph 11. Other amendments have been made to those sections, but none are relevant.
489
1992 c.53.
490
S.I. 1979/1573 (N.I. 12).
491
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
492
1993 c. 8.
493
1996 c. 23. Section 105 was amended by the Constitutional Reform Act 2005 (c. 4), Schedule 4, paragraph 250.
494
1996 c.31. Relevant amendments are made by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 4, paragraph 255.
495
S.I. 1979/1573 (N.I. 12).
496
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
497
1996 c.48. Section 1(5) was substituted by S.I. 1999/1820. Sections 2A and 2B were inserted by section 100 of the Courts Act 2003 (c.39). Section 2A was amended by S.I. 2005/1452 (N.I. 7).
498
S.I. 1979/1573 (N.I. 12).
499
Section 41(3) was substituted by S.I. 1999/663.
500
1998 c. 47.
501
2002 c.21.
502
2002 c.26. Relevant amendments were made by the Justice (Northern Ireland) Act 2004 (c.4).
503
Section 9F was inserted by section 129 of the Constitutional Reform Act 2005 (c. 4).
504
Section 47 was amended by section 45 of the Justice and Security (Northern Ireland) Act 2007 (c.6).
505
Section 49(6) was inserted by section 45 of the Justice and Security (Northern Ireland) Act 2007 (c. 6).
506
1978 c. 23.
507
S.I. 1980/397 (N.I. 3).
508
S.I. 1972/1073 (N.I. 10).
509
Paragraph 4(3) was substituted by the Justice (Northern Ireland) Act 2004 (c.4), section 1 and Schedule 1, paragraph 5.
510
1972 c. 11.
511
2002 c. 26
512
S.I. 1972/1073 (N.I. 10).
513
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
514
2003 c.39. Section 102 was amended by the Constitutional Reform Act 2005 (c. 4), section 15, Schedule 4, paragraph 346 and section 59, Schedule 11, paragraph 6; section 47 of the Justice and Security (Northern Ireland) Act 2007. Section 109 was amended by the Constitutional Reform Act 2005 (c. 4), section 15, Schedule 4, paragraph 349.
515
S.I. 1979/1573 (N.I. 12).
516
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
517
Section 41(6) was amended by S.I. 1999/663.
518
2003 c. 41. Sections 61 and 134 were amended by the Constitutional Reform Act 2005 (c. 4), section 40, Schedule 9, paragraph 81. Sections 67 and 139 were amended by the Constitutional Reform Act 2005 (c. 4), section 15, Schedule 4, paragraphs 353 and 354. Section 185 was prospectively repealed by S.I. 2005/1965. There are other amendments to the Act, but none relevant.
519
S.I. 1979/1573 (N.I. 12).
520
2004 c. 4; to which there are amendments not relevant to this Schedule.
521
2004 c. 33; Relevant amendments are made to Schedule 15 by the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13) (N.I.), Schedule 5. Relevant amendments are made to Schedule 16 by S.I. 2006/1945 (N.I. 14) and S.I. 2006/1016.
522
2005 c. 4. Paragraph 4 of Schedule 7 was amended by the Northern Ireland Act 2009 (c. 3), Schedule 5, paragraph 7. There are other amendments to Schedule 7, and to other provisions of the Act, but none are relevant.
523
1982 c. 53.
524
1996 c. 23.
525
S.I. 1991/2628 (N.I. 23).
526
1959 c. 15 (N.I.).
527
1970 c. 25 (N.I.).
528
1978 c. 23.
529
S.I. 1978/1045 (N.I. 15).
530
S.I. 1980/397 (N.I. 3).
531
S.I. 1981/1675 (N.I. 26).
532
S.I. 1982/1082 (N.I. 14).
533
S.I. 1986/595 (N.I. 4).
534
1992 c. 8.
535
S.I. 1993/1576 (N.I. 6).
536
S.I. 1995/755 (N.I. 2).
537
S.I. 1998/1071 (N.I. 6).
538
S.I. 1998/1074 (N.I. 7).
539
S.I. 1998/1506 (N.I. 10).
540
S.I. 1998/3162 (N.I. 21).
541
2000 c. 4 (N.I.).
542
2002 c. 26.
543
2004 c. 4.
544
2007 c. 20.
545
Section 41(3) was substituted by S.I. 1999/663.
546
2008 c. 4.
547
S.I. 1981/1675 (N.I. 26)
548
S.I. 1979/1573 (N.I. 12).
549
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
550
Section 41(3) was substituted by S.I. 1999/663.
551
2009 c. 3.
552
1954 c. 9 (N.I.), as amended by S.I. 1973/2163. There are other amendments to the Act, but none are relevant.
553
1959 c. 15 (N.I.). Relevant amendments were made by the Judicature (Northern Ireland) Act 1978, section 122 and Schedule 5; the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 5, paragraphs 2 to 6; the Access to Justice Act 1999 (c. 22), section 104(2); the Northern Ireland Act 2009 (c.3), section 2 and Schedule 4, paragraph 2. Functions under the Act were transferred by S.I. 1973/2163.
554
2009 c. 3.
555
1998 c. 47.
556
1959 c.25 (N.I.). Section 106 was substituted by the Judicature (Northern Ireland) Act 1978 (c. 23), section 122 and Schedule 5, and amended by S.I. 1991/2631 (N.I. 24) and the Justice (Northern Ireland) Act 2002 (c. 26), Schedule 12, paragraph 5. Section 107 was substituted by section 99 of the Judicature (Northern Ireland) Act 1978 (c. 23) and amended by S.I. 1991/2631 (N.I. 24) and the Justice (Northern Ireland) Act 2002 (c. 26), Schedule 12, paragraph 4.
557
1964 c.21 (N.I.). Functions under the Act were transferred by S.I. 1973/2163. Section 12 was amended by the Judicature (Northern Ireland) Act 1978 (c. 23), section 122 and Schedule 5.
558
1968 c. 34 (N.I.). Functions under the Act were transferred by S.I. 1973/2163; and relevant amendments were made to Schedule 2 by the Judicature (Northern Ireland) Act 1978 (c. 23), Schedule 5; and the Constitutional Reform Act 2005 (c. 4), Schedule 5.
559
1970 c. 25 (N.I.). Section 19(3) was inserted by S.I. 1989/2405 (N.I. 19). The Department of Enterprise, Trade and Investment was formerly the Department of Economic Development, see S.I. 1999/283 (N.I. 1).
560
S.I. 1977/1250 (N.I. 17). Functions under the Order were transferred to the Lord Chancellor by S.I. 1993/1576 (N.I. 6). Relevant amendments are made by section 65 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (N.I.); section 3 of the Family Law Act (Northern Ireland) 2001 (c. 12) (N.I.).
561
S.I. 1977/1251 (N.I. 18). Article 3A was inserted by the Administration of Justice Act 1982 (c. 53), section 69 and Schedule 6, paragraph 4.
562
S.I. 1977/2157 (N.I. 28). Schedule 9B was inserted by S.I. 2006/2954 (N.I. 18). Schedule 9B is amended by the Northern Ireland Act 2009 (c. 3), section 2 and Schedule 4, paragraph 9.
563
S.I. 1978/1045 (N.I. 15). Article 27D was inserted by S.I. 1995/3213 (N.I. 22) and amended by S.I. 1999/3147 (N.I. 11). Articles 26B and 33(4D) were inserted by S.I. 1999/3147 (N.I. 11). Article 27E was inserted by S.I. 2005/255 (N.I. 1).
564
S.I. 1980/397 (N.I. 3). Articles 22 and 47 were amended by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 55 and 57.
565
1998 c. 47.
566
S.I. 1980/563 (N.I. 5). Functions under Article 4 were transferred to the Lord Chancellor by S.I. 1993/1576 (N.I. 6). Article 4 was amended by S.R. (N.I.) 1989 No. 323; the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraph 60.
567
S.I. 1981/226 (N.I. 6). Article 72 was substituted, and Article 72A was inserted, by S.I. 1983/1904 (N.I. 22). Article 72A was amended by S.I. 1986/1166 (N.I. 11).
568
S.I. 1981/228 (N.I. 8). Relevant amendments were made by section 4 of the Civil Jurisdiction and Judgments Act 1982 (c. 27); S.I. 1982/159; S.R. (N.I.) No. 417.
569
S.I. 1981/1675 (N.I. 26). Relevant amendments were made by section 98(2) of the Access to Justice Act 1999 (c. 22); the Justice (Northern Ireland) Act 2002 (c. 26); the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 62 and 65; S.I. 1993/1576 (N.I. 6), Article 9(1); the Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010.
570
1998 c. 47.
571
S.I. 1989/677 (N.I. 4). Article 25(5) was inserted by S.I. 1999/3147 (N.I. 11).
572
S.I. 1989/2405 (N.I. 19); Relevant amendments were made by S.R. (N.I.) 2002 No. 223. In Article 359, paragraphs (1A) and (1B) were inserted by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 80 and 81. Articles 360(1), 364(1) and 365(1) were amended by the Constitutional Reform Act 2005 (c. 4), section 15 and Schedule 5, paragraphs 82 to 84.
573
2009 c. 1.
574
S.I. 2009/805.
575
S.I. 1991/2628 (N.I. 23).
576
S.I. 1993/1576 (N.I. 6).
577
S.I. 1995/755 (N.I. 2); Article 183 was amended by the Tax Credits Act 2002 (c. 21), Schedule 3, paragraph 56.
578
S.I. 1996/1141 (N.I. 6).
579
S.I. 1996/1320 (N.I. 10);
580
S.I. 1998/1071 (N.I. 6).
581
S.I. 1998/1506 (N.I. 10).
582
S.I. 2003/435 (N.I. 10).
583
S.I. 2005/1455 (N.I. 10).
584
S.I. 2005/1964 (N.I. 14).
585
S.I. 2005/3423 (N.I. 19).
586
S.I. 2003/435 (N.I. 10).
587
S.I. 2008/1216 (N.I. 1).
588
2000 c. 4 (N.I.).
589
2008 c. 12 (N.I.); as amended by the Northern Ireland Act 2009 (c. 3), section 2 and Schedule 4, paragraph 47.
590
2008 c. 13 (N.I.).
591
S.I. 1978/1045 (N.I. 15).
592
2004 c. 33.
593
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
594
1881 c. 49. Section 56 was modified by the Northern Ireland Land Purchase (Winding Up) Act 1935 (c. 21) and the Northern Ireland Land Purchase Winding Up (Adaptation) Order 1936 (S.R. & O (N.I.) 1937 No. 306); and repealed by the Property (Northern Ireland) Order 1997 (S.I. 1997/1179 (N.I. 8), subject to a saving.
595
1954 c. 33 (N.I.). Section 41(2) was substituted by the Legislative Procedure Act (Northern Ireland) 1968 (c. 24) (N.I.) and amended by S.I. 1973/2163.
596
Section 41(3) was substituted by S.I. 1999/663.
597
1967 c. 13. Schedule 2 was substituted by the Parliamentary Commissioner Order 2008 (S.I. 2008/3115). Schedule 4 was substituted by the Parliamentary Commissioner Order 2007 (S.I. 2007/3470).
598
S.I. 2002/796 (N.I. 1).
599
1975 c. 25, to which there are amendments not relevant to this Order.
600
S.I. 1996/1297 (N.I.7).
601
S.I. 1996/1298 (N.I.8), to which there are amendments not relevant to this Order.
602
S.I. 1977/2157 (N.I. 28).
603
S.I. 2002/796 (N.I. 1).
604
S.I. 2005/1964 (N.I. 14).
605
2008 c. 12 (N.I.).
606
S.I. 2003/418 (N.I. 5).
607
S.I. 2009/476.