- Latest available (Revised)
- Original (As made)
The Deregulation and Contracting Out (Northern Ireland) Order 1996, Section 9 is up to date with all changes known to be in force on or before 04 May 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
9.—(1) If, with respect to any provision made by an enactment, a Department or Minister is of the opinion—
(a)that the effect of the provision is such as to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise, and
(b)that, by exercising any one or more of the powers conferred by Schedule 1, it would be possible, without jeopardising my necessary protection, to improve (so far as fairness, transparency and consistency are concerned) the procedures for enforcing the restriction, requirement or condition,
the Department or Minister may, subject to paragraphs (2) to (8), by order exercise the power or powers accordingly.
(2) No order may be made under this Article in any case where the sole or main effect which the restriction, requirement or m condition may be expected to have on each person on whom it is imposed is an effect on him in his personal capacity, and not as a person carrying on a trade, business or profession.
(3) Where the relevant enactment—
(a)contains a power for the Department or Minister to make regulations or orders; and
(b)provides for that power to be exercisable so as to give effect, with or without modifications, to proposals submitted by some other person,
the Department or Minister must consult with that person before making an order under this Article.
(4) An order under this Article may do all or any of the following—
(a)make provision as to the consequences of any failure to comply with a provision made by the order;
(b)contain provisions (including provisions modifying enactments relating to the periods within which proceedings must be brought) which are consequential upon, or supplemental or incidental to, the provisions made by the order;
(c)contain such transitional provisions and savings as appear to the Department or Minister to be appropriate;
(d)make different provision for different areas.
(5) An order made by a Department under this Article is subject to negative resolution.
(6) An order made by a Minister under this Article is subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.
(7) Nothing in any order made under this Article—
(a)precludes an enforcement officer from taking immediate enforcement action against any person, or from requiring any person to take immediate remedial action, in any case where it appears to the officer to be necessary to take such action or impose such a requirement; or
(b)requires such an officer to disclose any information the disclosure of which would be contrary to the public interest.
(8) In this Article and Schedule 1—
in relation to any restriction, requirement or condition, means any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and
in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;
“enforcement officer” does not include the Director of Public Prosecutions for Northern Ireland, but, subject to that, means any person who is authorised, whether by or under the relevant enactment or otherwise, to take enforcement action;
“licence” includes any authorisation (by whatever name called) to do anything which would otherwise be unlawful;
“the relevant enactment” means the enactment containing the provision by which the restriction, requirement or condition is imposed or, as the case may be, is authorised or required to be imposed;
“remedial action” means action taken by any person in order to avoid enforcement action being taken against him.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: