Part VIII Prison Services and the Prison Service

Chapter IV The Prison Service

127AF1Power to suspend the operation of section 127

1

The Secretary of State may make orders suspending, or later reviving, the operation of section 127.

F21A

In the application of this section to Northern Ireland, in subsection (1) the reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

2

An order under this section may make different provision in relation to different descriptions of prison officer.

3

The power to make orders under this section is exercisable by statutory instrumentF3(subject to subsection (5)).

4

A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

F45

The power of the Department of Justice in Northern Ireland to make orders under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

6

No order may be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

7

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.