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

4.—(1) For purposes connected with any reserved matter falling within paragraph 12 or 20 of Schedule 3 to the Northern Ireland Act 1998(1) (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.

(2) The Secretary of State may continue to exercise the function under Article 3(2) of the Explosives (Northern Ireland) Order 1972(2) for the purposes of the power to make regulations under section 3 of the Explosives Act (Northern Ireland) 1970(3) as exercisable by the Secretary of State by virtue of sub-paragraph (1) above.

(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 1979(4).

(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 1946(5) 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) 1970(6);

(b) the Explosives Regulations (Northern Ireland) 1971(7);

(c) the Explosives Regulations (Northern Ireland) 1972(8);

(d) the Explosives (No. 2) Regulations (Northern Ireland) 1972(9);

(e) the Explosives (Amendment) Regulations (Northern Ireland) 1973(10);

(f) the Explosives Regulations (Northern Ireland) 1973(11);

(g) the Explosives (Amendment) (No. 2) Regulations (Northern Ireland) 1973(12);

(h) the Explosives Regulations (Northern Ireland) 1974(13);

(i) the Explosives Regulations (Northern Ireland) 1976(14);

(j) the Explosives Regulations (Northern Ireland) 1977(15);

(k) the Explosives Regulations (Northern Ireland) 1981(16);

(l) regulation 21 of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995(17);

(m) the Marking of Plastic Explosive for Detection Regulations (Northern Ireland) 1996(18);

(n) the Explosives (Amendment) Regulations (Northern Ireland) 1996(19);

and, so far as applicable to any of these regulations, the Secretary of State is treated as having exercised, by virtue of sub-paragraph (2) above, the function under Article 3(2) of the Explosives (Northern Ireland) Order 1972(20).

(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 and, so far as applicable to any such regulations, the Department of Justice is treated as having exercised the function under Article 3(2) of the 1972 Order.

(8) The orders covered by sub-paragraph (7) include Orders in Council made under section 43, 83 or 104 of the Explosives Act 1875(21).

(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 or the function under Article 3(2) of the 1972 Order 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 1978(22) has effect as if references to the Department concerned were references to the Secretary of State.

(1)

1998 c. 47.

(2)

S.I. 1972/730 (N.I. 3).

(3)

1970 c.10 (N.I.).

(4)

S.I. 1979/1573 (N.I. 12).

(5)

1946 c. 36.

(6)

S.R. & O (N.I.) 1970 No. 110.

(7)

S.R. & O (N.I.) 1971 No. 332.

(8)

S.R. & O (N.I.) 1972 No. 118.

(9)

S.R. & O (N.I.) 1972 No. 218.

(10)

S.R. & O (N.I.) 1973 No. 171.

(11)

S.R. & O (N.I.) 1973 No. 463.

(12)

S.R. & O (N.I.) 1973 No. 474.

(13)

S.R. (N.I.) 1974 No. 32.

(14)

S.R. (N.I.) 1976 No. 51.

(15)

S.R. (N.I.) 1977 No. 128.

(16)

S.R. (N.I.) 1981 No. 31.

(17)

S.R. (N.I.) 1995 No. 87.

(18)

S.R. (N.I.) 1996 No. 262.

(19)

S.R. (N.I.) 1996 No. 429.

(20)

S.I. 1972/730 (N.I. 3).

(21)

1875 c. 17.

(22)

S.I. 1978/1039 (N.I. 9).