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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.

9.  (1)  In section 1–

(a)in paragraph (a) at the end add “or an Act of the Assembly”;

(b)in paragraph (f) after “Parliament” (where it first occurs) insert “or Assembly”;

(c)in paragraph (g)(ii) for “has power” substitute “had power”.

(2) In section 2(2) for “transferred” wherever it occurs substitute “statutory”.

(3) In section 12(1) for “Parliament” substitute “the Assembly”.

(4) In section 12(2) for “transferred” wherever it occurs substitute “statutory”.

(5) In section 15(2)–

(a)for “Parliament” (where it first occurs) substitute “the Assembly”;

(b)for “having passed both Houses of Parliament” substitute “having been passed by the Assembly”.

(6) In section 15(3) for “having passed both Houses of Parliament” substitute “having been passed by the Assembly”.

(7) In sections 17(4), 27, 28 and 29 for “transferred” wherever it occurs substitute “statutory”.

(8) In section 28(1) after “Parliament” insert “or (as the case may be) the Assembly”.

(9) In section 30(1)–

(a)for “a transferred provision is to be reprinted, that provision” substitute “an Act is to be reprinted, that Act”;

(b)for “any transferred provision” substitute “any statutory provision”.

(10) In section 30(2)–

(a)for the words from the beginning to “copy of that provision” substitute “For the purpose of reprinting any Act, the Presiding Officer shall cause to be prepared and shall certify a copy of that Act”;

(b)for “transferred provision” substitute “statutory provision”;

(c)for “appear to him” substitute “may be”.

(11) In section 30(3) for “enactment” (where it first occurs) substitute “Act”.

(12) In section 30(4)–

(a)for the words from the beginning to “transferred provision” substitute “The Presiding Officer may by order direct that any Act”;

(b)for “that provision” substitute “that Act”.

(13) In section 30(5) for “a transferred provision” substitute “an Act”.

(14) In section 32(2)(b) for “the powers of Parliament” substitute “any power”.

(15) In section 41(1) in the definitions of “House of Commons” and “Parliament” after “qualification” insert “in any enactment passed or made before 1st January 1974”.

(16) In section 41 for subsection (3) substitute–

(3) Where, under any enactment, a statutory instrument or statutory document is required to be laid before the Assembly, the delivery of a copy of the instrument or document to the Business Office of the Assembly on any day during the existence of an Assembly shall for all purposes be deemed to be the laying of it before the Assembly..

(17) In section 41(4) for “each House of Parliament” substitute “the Assembly”.

(18) In section 41(6) for “each House of Parliament, and if either such House” substitute “the Assembly, and if the Assembly”.

(19) In section 43(2) in the definition of “Great Seal”–

(a)for the words “include the” substitute “include a”;

(b)at the end add “or section 49 of the Northern Ireland Act 1998”.

(20) In section 46(1) in the definition of “Valuation Acts” for “transferred” substitute “statutory”.

(21) In section 46(2) in the definition of “constitutional laws of Northern Ireland” for “Parliament” substitute “the Assembly”.

(22) In section 46 at the end add–

(3) In any enactment passed or made after the day appointed for the commencement of Parts II and III of the Northern Ireland Act 1998, the following expressions shall have the same meaning as in that Act–

  • “The Belfast Agreement”;

  • “cross-community support”;

  • “excepted matter”;

  • “Northern Ireland legislation”;

  • “reserved matter”; and

  • “transferred matter”.

(4) In any enactment, whenever passed or made, any reference to a Minister of a Northern Ireland department shall, in the case of the Office of the First Minister and deputy First Minister, be construed as a reference to the First Minister and deputy First Minister acting jointly..

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