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Justice (Northern Ireland) Act 2002

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Section 28

SCHEDULE 7E+W+S+N.I. Functions of Advocate General

This schedule has no associated Explanatory Notes

Assembly BillsE+W+S+N.I.

1(1)The Northern Ireland Act 1998 has effect subject to the following amendments.

(2)In section 11(1) (power of Attorney General for Northern Ireland to refer question whether Bill would be within legislative competence of Northern Ireland Assembly), after “The” insert “ Advocate General for Northern Ireland or the ”.

(3)In section 12(2) (procedure where Assembly wishes to reconsider Bill referred to European Court of Justice)—

(a)in paragraph (a), for “Attorney General for Northern Ireland and the Attorney General” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”, and

(b)in paragraph (b), for “Attorney General for Northern Ireland shall request the withdrawal of the reference under section 11” substitute “ person who made the reference in relation to the Bill under section 11 shall request the withdrawal of the reference ”.

(4)In section 14(2)(a) (no submission for Royal Assent where Attorney General for Northern Ireland entitled to make a reference under section 11), insert at the beginning “the Advocate General for Northern Ireland or”.

Devolution issuesE+W+S+N.I.

2(1)Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows.

(2)In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)—

(a)in sub-paragraph (1), for “or defended by the Attorney General” substitute “ by the Advocate General for Northern Ireland ”, and

(b)in sub-paragraph (2), for “First Minister and the deputy First Minister acting jointly” substitute “ Attorney General for Northern Ireland ” and insert at the end “ instituted by the Advocate General for Northern Ireland ”.

(3)In paragraph 5 (notice of such proceedings), for “Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”.

(4)In paragraph 13 (notice), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

(5)In paragraph 23 (intimation), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

(6)In paragraphs 33 and 34 (direct references to Judicial Committee), for “the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly” substitute “ the Advocate General for Northern Ireland, the Attorney General for Northern Ireland ”.

(7)In paragraph 35(4) (no exercise of function pending decision on reference), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

3F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1Sch. 7 para. 3 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act

4In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in—E+W+S+N.I.

(a)paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),

(b)paragraph 26 (notice of such proceedings), and

(c)paragraphs 33 and 34 (direct references to Judicial Committee),

for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Human rightsE+W+S+N.I.

5In section 71(2) of the Northern Ireland Act 1998 (c. 47) (law officers able to rely on Convention rights under that Act even though not victim), after “to the Attorney General,” insert “ the Advocate General for Northern Ireland, ”.

6F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F2Sch. 7 para. 6 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act

7In section 100(2) of the Scotland Act 1998 (similar provision in relation to that Act), after “, the Attorney General” insert “ , the Advocate General for Northern Ireland ”.E+W+S+N.I.

[F37AIn section 8 of the Justice (Northern Ireland) Act 2004 (guidance for criminal justice organisations on human rights standards)—E+W+S+N.I.

(a)after subsection (1) insert—

(1A)Before issuing or revising any guidance under this section, the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.;

(b)after subsection (5) insert—

(5A)Before making an order under subsection (3)(c) or (5), the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Varying retrospective decisionsE+W+S+N.I.

8In section 81(7) of the Northern Ireland Act 1998 (notice of intention to vary retrospective decision to be given to the appropriate authority), for “First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and ”.

9F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Sch. 7 para. 9 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act

10In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

Suspension of devolved governmentE+W+S+N.I.

11(1)Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows.

(2)In sub-paragraph (1), after paragraph (c) insert—

(ca)any functions of the Attorney General for Northern Ireland may be discharged by the Advocate General for Northern Ireland;.

(3)In sub-paragraph (2)—

(a)after “Minister” insert “ or the Attorney General for Northern Ireland ”, and

(b)after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

(4)In sub-paragraphs (3), (5) and (6), after “Minister” insert “ or the Attorney General for Northern Ireland ”.

Acting as Attorney General for Northern Ireland during vacancyN.I.

12The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland about any arrangements they propose to make for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.

Consultation about appointment of Attorney General for Northern IrelandN.I.

13The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland before appointing a person to be Attorney General for Northern Ireland.

Crown SolicitorE+W+S+N.I.

14(1)Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows.

(2)In subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland ”.

(3)In subsection (2), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Chief Inspector of Criminal JusticeE+W+S+N.I.

15Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.

16(1)Section 47 (functions: consultation and consent requirements etc.) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

(3)In subsection (2), after “Secretary of State,” insert—

(aa)the Advocate General for Northern Ireland,.

(4)In subsection (5), after “consent of” insert “ the Advocate General for Northern Ireland and ”.

17In section 49(5) (copies of reports relating to Public Prosecution Service), after “copy of it to” insert “ the Advocate General for Northern Ireland and ”.E+W+S+N.I.

Life sentence prisoners’ representativesN.I.

18F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Special advocatesE+W+S+N.I.

19In section 91(7) of the Northern Ireland Act 1998 (c. 47) (appointment of person to represent interests of party to proceedings before Tribunal under that section), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

20In paragraph 7(2) of Schedule 2 to the Northern Ireland (Sentences) Act 1998 (c. 35) (appointment of person to represent prisoner’s interests in proceedings of Sentence Review Commissioners from which he and his representative are excluded), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

Scheduled offencesE+W+S+N.I.

21The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.

22In section 72(2)(b) (regulations providing for time limits to cease to have effect where Attorney General for Northern Ireland certifies that offence is not to be treated as scheduled offence), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

23In Schedule 9 (certification that offence is not scheduled offence), in Notes 1 and 2 in Part 1, and in the Note in Part 3, for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

Consent to prosecutionE+W+S+N.I.

24In section 12 of the Official Secrets Act 1911 (c. 28) (construction of references to Attorney General), for “Attorney-General for Ireland” substitute “ Advocate General for Northern Ireland ”.

25F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

26In section 1(3) of the Genocide Act 1969 (c. 12) (proceedings for genocide), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

27In section 2(1) of the Biological Weapons Act 1974 (c. 6) (proceedings for offence of contravening section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

28In section 11 of the Criminal Jurisdiction Act 1975 (c. 59) (proceedings for extra-territorial offences), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

29In section 2(1) of the Internationally Protected Persons Act 1978 (c. 17) (proceedings for offence which is an offence by virtue only of section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

30In section 3(1) of the Nuclear Material (Offences) Act 1983 (c. 18) (proceedings for offence which is an offence only by virtue of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

31In section 135 of the Criminal Justice Act 1988 (c. 33) (proceedings for offence of torture), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

32In section 9(1) of the Official Secrets Act 1989 (c. 6) (proceedings for offence under that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

33In Article 8(11) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 (S.I. 1990/1651) (as substituted by the Iraq and Kuwait (United Nations Sanctions) (Second Amendment) Order 1990 (S.I. 1990/2144)) (proceedings for offence under that Order), for “Attorney General for Northern Ireland or” substitute “ Advocate General for Northern Ireland or the Attorney General for ”.E+W+S+N.I.

34In section 31(1) of the Chemical Weapons Act 1996 (c. 6) (proceedings for offence under section 2 or 11 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.E+W+S+N.I.

35F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

36In—E+W+S+N.I.

(a)section 55 (proceedings for offence under section 47 or 50), and

(b)section 81(1) (proceedings for offence under section 79 or 80),

of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

37Section 33 of this Act applies in relation to the giving of consent by the Advocate General for Northern Ireland as in relation to the giving of consent by the Director of Public Prosecutions for Northern Ireland.E+W+S+N.I.

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