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Northern Ireland (Miscellaneous Provisions) Act 2006

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This is the original version (as it was originally enacted).

17Department with policing and justice functions

This section has no associated Explanatory Notes

(1)After section 21 of the 1998 Act insert—

“21ANorthern Ireland department with policing and justice functions

(1)This section applies if an Act of the Assembly—

(a)establishes a new Northern Ireland department; and

(b)provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions.

(2)The Act of the Assembly may (but need not) make provision of the kind mentioned in subsection (3), (4) or (5).

(3)The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—

(a)made by the First Minister and the deputy First Minister acting jointly; and

(b)approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.

(4)The Act may provide for the department to be in the charge of two Northern Ireland Ministers acting jointly.

(5)The Act may provide—

(a)for the department to be in the charge of a Northern Ireland Minister who is supported by a junior Minister; and

(b)for the persons holding those offices to rotate at intervals determined by or under the Act, so that the person who was the Minister in charge of the department becomes the junior Minister and the person who was the junior Minister becomes the Minister.

(6)There must not, at any time, be more than one department in relation to which provision of the kind mentioned in any of subsections (3), (4) and (5) is made by Act of the Assembly.

(7)Schedule 4A (provisions relating to a department with devolved policing and justice functions) shall have effect.

(8)In this section “devolved policing and justice function” means a function relating to a matter which—

(a)is a transferred matter by virtue of an Order under section 4; and

(b)immediately before the matter became a transferred matter, was a devolved policing and justice matter (within the meaning given by section 4(6)).”

(2)After Schedule 4 to the 1998 Act insert the Schedule 4A set out in Schedule 2 to this Act.

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