Part IVU.K. Application of Parts I to III to Northern Ireland
21U.K.In the application of Parts I to III of this Schedule to Northern Ireland the provisions specified in the first column of the following Table shall have effect subject to the modifications specified in relation thereto in the second column of that Table.
TABLE
| Provision of this Schedule | Modification |
|---|---|
| Paragraph 1 | In sub-paragraph (1), for the references to [F1any reference to ] the Secretary of State there shall be substituted [F2a reference to] the Minister of Home Affairs for Northern Ireland [F3and for any reference to the Lord Chancellor there shall be substituted a reference to the Northern Ireland Judicial Appointments Commission] . |
| Paragraph 4 | In sub-paragraph (1), for the reference to the Lord Chancellor there shall be substituted a reference to the Ministry of Home Affairs for Northern Ireland. |
| For sub-paragraph (3) there shall be substituted— | |
| “(3) Any rules made under this paragraph by the Ministry of Home Affairs for Northern Ireland shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.” | |
| Paragraphs 8 to 12 | For the references to the Secretary of State and the Treasury there shall be substituted respectively references to the Ministry of Home Affairs for Northern Ireland and the Ministry of Finance for Northern Ireland. |
| Paragraph 13 | In sub-paragraph (1)— |
| (a) for the references to [F4any reference to the] Secretary of State there shall be substituted [F5a reference to] the Minister of Home Affairs for Northern Ireland [F6and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland] ; and | |
| (b) for the reference to a department of the Government of the United Kingdom there shall be substituted a reference to a department of the Government of Northern Ireland. | |
| Paragraph 16 | The references to paragraphs 8 and 10 to 12 shall be construed as references to those paragraphs as modified by this Part of this Schedule. |
| Paragraph 17 | For the reference to the Secretary of State there shall be substituted a reference to the Minister of Home Affairs for Northern Ireland. |
| Paragraph 20 | The reference to paragraph 8 shall be construed as a reference to that paragraph as modified by this Part of this Schedule. |
| [F7 | After sub-paragraph (2) there shall be inserted— “(3)The [F8Department of Justice in Northern Ireland] must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a). (4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) (a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b)a Lord Justice of Appeal (as defined in section 88 of that Act).”] |
Textual Amendments
F1Words in Sch. 3 para. 21 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 74(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F2Words in Sch. 3 para. 21 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 74(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F3Words in Sch. 3 para. 21 inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 8 (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F4Words in Sch. 3 para. 21 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 74(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F5Words in Sch. 3 para. 21 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 74(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F6Words in Sch. 3 para. 21 inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 3(a) (with arts. 28-31)
F7Words in Sch. 3 para. 21 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 74(3)(c); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F8Words in Sch. 3 para. 21 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 3(b) (with arts. 28-31)
Modifications etc. (not altering text)
C1Functions of Ministry of Home Affairs for Northern Ireland transferred to Department of Health and Social Services for Northern Ireland by S.R. & O. (N.I.) 1973 No. 504, art. 5, Sch. 2 Pt. I