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Northern Ireland (Modification of Enactments—No. 1) Order 1999

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.

Title, commencement and extent

1.—(1) This Order may be cited as the Northern Ireland (Modification of Enactments—No. 1) Order 1999.

(2) This Order shall come into force on the appointed day(1).

(3) Subject to paragraphs (4) and (5), this Order extends to Northern Ireland only.

(4) The following provisions extend to the whole of the United Kingdom–

(a)this Article and Article 5;

(b)paragraphs 12 and 14 of Schedule 1 (and Article 2(1) so far as relating thereto) .

(5) Paragraph 24 of Schedule 1 (and Article 2(1) so far as relating thereto) extends to Scotland only.

Modification of enactments

2.—(1) The enactments set out in Schedule 1 shall have effect subject to the amendments specified in that Schedule.

(2) The enactments set out in columns 1 and 2 of Schedule 2 are hereby repealed to the extent specified in column 3 of that Schedule.

(3) In the Northern Ireland (Modification of Enactments—No. 1) Order 1973(2)–

(a)Articles 12 and 13; and

(b)in Schedule 5, paragraphs 18 and 24,

are hereby revoked.

Subordinate legislation

3.—(1) A statutory rule which–

(a)is made before the appointed day; and

(b)would, but for this paragraph, have been liable to be annulled or capable of being revoked in pursuance of a resolution, motion or address of the Assembly,

shall not be so annulled or revoked.

(2) So much of any statutory provision as makes it a condition for the continuing of any statutory rule in operation that it is approved by a resolution of the Assembly shall not apply in relation to any statutory rule made before the appointed day.

(3) Where immediately before the appointed day a statutory rule is, by virtue of paragraph 3(3) of Schedule 1 to the Northern Ireland Act 1974(3), liable to be annulled in pursuance of a resolution of either House of Parliament, it shall on that day cease to be so liable.

(4) In this Article “statutory rule” has the same meaning as in the Statutory Rules (Northern Ireland) Order 1979(4).

Application of Documentary Evidence Act 1868 to First Minister and deputy First Minister

4.—(1) The Documentary Evidence Act 1868(5), as amended by the Documentary Evidence Act 1882(6), shall apply to the First Minister and deputy First Minister as if–

(a)they were mentioned in column 1 of the Schedule to the 1868 Act;

(b)they or a person authorised by them to act on their behalf were mentioned in column 2 of that Schedule; and

(c)the regulations referred to in those Acts included any document issued by them.

(2) References to the First Minister and deputy First Minister in paragraph (1) are references to them acting jointly.

Transitional and saving provision

5.—(1) Any subordinate legislation made or other thing done before the appointed day under any enactment amended by Schedule 1 shall have effect on and after that day as if made or (as the case may be) done under that enactment as amended.

(2) The amendments made by Schedule 1 do not prejudice the operation of section 95(5) of, and Schedule 12 to, the Northern Ireland Act 1998.

Clerk of the Privy Council

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