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Northern Ireland Act 1998

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Northern Ireland Act 1998, Section 96 is up to date with all changes known to be in force on or before 22 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • s. 96(1) words substituted (cond.) by 2006 c. 17 Sch. 3 para. 3(2) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 96(2) words repealed (cond.) by 2006 c. 17 Sch. 2 para. 4(2)(a) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 96(2A)-(2D) repealed (cond.) by 2006 c. 17 Sch. 2 para. 4(2)(b) (This amendment not applied to legislation.gov.uk. Conditional repeal never in force)

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  • Act modified (cond.) by 2006 c. 17 Sch. 2 para. 2(5) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 17 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 53 Sch. 3 para. 2(1) (This amendment This amendment not applied to legislation.gov.uk to legislation.gov.uk. It is a conditional amendment that was never brought into force. Sch. 3 repealed (10.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), s. 2(5) (as amended by 2007 c. 4, s. 1(1)), Sch. 4 para. 3 (with s. 1(3)); S.I. 2007/1397, art. 2)
  • s. 31(2E) inserted (cond.) by 2006 c. 17 Sch. 3 para. 3(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • Sch. 2 para. 9B inserted by 2009 c. 8 s. 27 (This amendment not applied to legislation.gov.uk. The amending provision was repealed (16.2.2011) without ever being in force by 2010 c. 36, ss. 2(1), 4(2))
  • Sch. 3 para. 9(1)(a)-(ac) substituted for Sch. 3 para. 9(a) by 2016 c. 25 Sch. 10 para. 2

96 Orders and regulations.E+W+S+N.I.

(1)An order under section 17(4), 25, 26, 27, 31(3) or (6), 38(6), 72(2) or 74(5) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)An order under section [F14(6),][F231(2),] 34(4), 35(1), 55, [F369C(12),] 75(3)(a) or (d) or 80 or Schedule 1—

(a)shall be made by statutory instrument; and

(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

[F4(2A)Paragraph (b) of subsection (2) does not apply to an order under section 31(2) if the order declares that the Secretary of State considers it to be expedient for the order to be made without the approval mentioned in that paragraph.

(2B)An order containing a declaration under subsection (2A)—

(a)shall be laid before Parliament after being made; and

(b)shall cease to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 28 days beginning with the date on which it is made.

(2C)Subsection (2B)(b) does not prejudice the making of a new order.

(2D)In calculating the period of 28 days mentioned in subsection (2B)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.]

(3)Regulations under section 87(4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(4)An order under section 61(7)—

(a)shall be made by statutory instrument; and

(b)shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

(5)Regulations under section 87(5) shall be subject to negative resolution (within the meaning given by section 41(6) of the M1Interpretation Act Northern Ireland) 1954).

(6)Rules under section 91 or 92—

(a)shall be made by statutory instrument; and

(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

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Amendments (Textual)

Modifications etc. (not altering text)

C1Word '31(2)' in section 96(2) continued (temp. to 15.11.2003) (15.5.2003) by Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003 (c. 12), s. 7(1)(a)(ii) (subject to s. 7(4))

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