The Police (1998 Act) (Commencement No. 2) Order (Northern Ireland) 1999

Statutory Rules of Northern Ireland

1999 No. 48 (C. 5)

POLICE

The Police (1998 Act) (Commencement No. 2) Order (Northern Ireland) 1999

Made

8th February 1999

In exercise of the powers conferred on me by sections 72(1) and (2) and 75 of the Police (Northern Ireland) Act 1998(1) and of all other powers enabling me in that behalf, I hereby make the following Order:–

Citation

1.  This Order may be cited as the Police (1998 Act) (Commencement No. 2) Order (Northern Ireland) 1999.

Interpretation

2.  In this Order “the Act” means the Police (Northern Ireland) Act 1998.

Appointed day

3.  Subject to Article 4, the following provisions of the Act shall come into operation on 9th February 1999–

• section 1(2),

• section 2(5)(d), 5(e),

• section 8,

• section 18,

• section 19(2) insofar as not already commenced,

• section 25 (except 25(4)),

• section 26 (except 26(4)),

• section 27,

• section 28,

• section 30,

• section 32,

• section 33,

• section 34,

• section 35,

• section 37,

• section 38,

• section 39,

• section 66,

• section 67,

• section 68,

• section 69,

Section 74(1), (2) and (3) insofar as it relates to the amendments in paragraphs 2, 5, 6, 7, 12(2), 15, 16, 18(5), 20(2), (3), (4), (5) and (9) of Schedule 4, the transitional provisions and savings in paragraphs 1 and 3 of Part I of Schedule 5 and, in Schedule 6 (repeals), the following:

(a) the Constabulary (Ireland) Act 1836;

(b) the Constabulary and Police (Ireland) Act 1919;

(c) the Game Preservation Act (Northern Ireland) 1928, in section 1 the words “notwithstanding anything in Section 15 of the Constabulary (Ireland) Act 1836, as it applies to the said Constabulary”;

(d) the Police (Overseas Service) Act 1945, section 3(4);

(e) the Criminal Justice Act (Northern Ireland) 1953, section 20(2);

(f) the Fisheries Act (Northern Ireland) 1966, in section 167(1) the words from “notwithstanding” to the end and, in section 167(2) the words from “as provided” to “any case”;

(g) the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, section 7(1)(a);

(h) the Police Act (Northern Ireland) 1970 insofar as sections 17, 21, 25, 26, 28 and 34 are concerned;

(i) the Police (Amendment) (Northern Ireland) Order 1995, Part III and, in Schedule 1, the amendments to the Police Act (N.I.) 1970.

Transitional provisions and savings

4.  Any action or proceedings taken or commenced before the coming into force of this Order shall be valid notwithstanding the repeals in Schedule 6 listed in Article 3.

Marjorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

8th February 1999.

Explanatory Note

(This note is not part of the Order.)

This order brings into force the sections of the Police (Northern Ireland) Act 1998 listed in Article 3 of this Order together with the consequential appeals with transitional provision and savings as from 9th February 1999.

Note as to Earlier Commencement Orders

(This not is not part of the Order.)

The following provisions of the Act have been brought into force by commencement order made before the date of this order:

Provision	Date of Commencement	S.I. No.
Parts I and IV and sections 2(5)(a) to (c), 7, 19(2)(a), 24, 74(1) and (3) (partially), 75, 76(1), 77 and Schedules 2, 4 (partially) and 6 (partially)	8th October 1998	1998 No. 346 (C. 16)

(1)

1998 c. 32.