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The Disability Discrimination (Northern Ireland) Order 2006

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26.  (1)  Section 68(1) (interpretation) is amended as follows.N.I.

(2) In subsection (1) at the appropriate places insert—

criminal investigation” has the meaning given in subsection (1A);;

criminal proceedings” includes—

(a)proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957;

(b)proceedings before a summary appeal court constituted under any of those Acts;

(c)proceedings before a court-martial constituted under any of those Acts or a disciplinary court constituted under section 52G of the Naval Discipline Act 1957 (c. 53);

(d)proceedings before the Courts-Martial Appeal Court; and

(e)proceedings before a Standing Civilian Court;;

employment services” has the meaning given in section 21A(1);;

the Office” means the Office of the First Minister and deputy First Minister;;

public investigator functions” has the meaning given in subsection (1B);.

(3) After subsection (1) insert—

(1A) In this Act “criminal investigation” means—

(a)any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or

(b)any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct.

(1B) In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

(1C) In subsections (1A) and (1B)—

offence” includes any offence of a kind triable by court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, and

offender” is to be construed accordingly.”..

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Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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