Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2007

Draft Order laid before Parliament under section 2(4) of the Northern Ireland Arms Decommissioning Act 1997 for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2007 No.

NORTHERN IRELAND

Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2007

Made

Coming into force

22nd February 2007

A draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament in pursuance of section 2(4) of the Northern Ireland Arms Decommissioning Act 1997.

Accordingly, the Secretary of State in exercise of the powers conferred by section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997(1), makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2007 and shall come into force on 22nd February 2007.

Appointed day

2.  The day hereby appointed for the purposes of section 2(2)(b) of the Northern Ireland Arms Decommissioning Act 1997 is 20th February 2008, being not more than twelve months after the day on which this Order is made or later than 27th February 2010.

Revocation

3.  The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2006(2) is hereby revoked.

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

2007

EXPLANATORY NOTE

(This note is not part of the Order)

Under section 2(1) of the Northern Ireland Arms Decommissioning Act 1997 (“1997 Act”) a decommissioning scheme must identify a period during which firearms, ammunition and explosives may be dealt with in accordance with the scheme (“the amnesty period”). Section 2(2) of the 1997 Act was amended by the Northern Ireland Arms Decommissioning (Amendment ) Act 2002 (“2002 Act”). Under section 2(2) the amnesty period must end before 27th February 2003 or such later date as the Secretary of State may appoint.

Section 2(3) of the 1997 Act was amended by the 2002 Act and the Northern Ireland (Miscellaneous Provisions) Act 2006 so that the day appointed by any Order under section 2(2)(b) is no more that twelve months after the date on which the Order was made and no later than 27th February 2010.

The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2006 (S.I. 2006/480) appointed 23rd February 2007 as the day before which the amnesty period identified in a decommissioning scheme must end. This Order appoints 20th February 2008 as the day before which the amnesty period identified in a decommissioning scheme must end.

(1)

1997 c.7. The power in section 2(2)(b) to appoint a date for the end of the amnesty period is restricted by section 2(3) of the Act, as amended by the Northern Ireland Arms Decommissioning (Amendment) Act 2002 (c.6) and section 21 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33).

(2)

S.I. 2006/480.