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The Sea Fisheries (Northern Ireland) Order 2002

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Orders and regulations

4.—(1) Section 20(2) shall not apply to any order made under section 1(3), 3 or 15 by the Department of Agriculture and Rural Development, but any such order—

(a)shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(1), and

(b)shall be laid before the Assembly.

(2) Section 20(2)(2) shall not apply to any order made under section 4(1), 4A(1), 5(1), 6(1) or (1A) or 8 by the Department of Agriculture and Rural Development, but any such order—

(a)shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and

(b)shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(3).

(3) In its application to an order made under section 4(1) or 4A(1) by the Department of Agriculture and Rural Development, section 4(4) and section 4A(4) respectively shall have effect with the substitution of “the Department of Finance and Personnel” for “the Treasury”.

(4) Section 4B(4) shall not apply to any regulations made by the Department of Agriculture and Rural Development under section 4B(1), but such regulations—

(a)shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and

(b)shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(5) In their application to an order made by the Department of Agriculture and Rural Development, section 6(1) and (1A) shall have effect with the omission of the reference to consultation with the Secretary of State.

(6) In its application to an order made under section 8 by the Department of Agriculture and Rural Development, section 8(1), (2) and (3) shall have effect with the omission of the references to consultation with the Ministers.

(1)

S.I. 1979/1573 (N.I. 12).

(2)

Section 20(2) was amended by the Fisheries Act 1981 (c. 29) s.21(2)(b).

(3)

1954 c. 33 (N.I.). Section 41(6) was amended by the Northern Ireland (Modification of Enactments—No.1) Order 1999 (S.I. 1999 No.663) Sch.1, para.9(18).

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