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The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

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PART 4General transitional provision

28.  This Order does not affect the validity of anything done before the coming into force of this Order.

29.—(1) Paragraphs (2) and (3) apply in relation to a relevant function or any relevant property or liability.

(2) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to the relevant function or relevant property or liability, be continued by or in relation to the transferee.

(3) Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with the relevant function or relevant property or liability shall have effect as if done by or in relation to the transferee so far as necessary or expedient for continuing its effect after the coming into force of this Order.

(4) Where the thing done (or having effect as if done) by the transferor is the exercise of a relevant function by statutory instrument, paragraph (3) applies in relation to the exercise of the relevant function even though the relevant function is not exercisable by the transferee by statutory instrument.

(5) Documents or forms printed for use in connection with a relevant function may be used in connection with the function even though they contain, or are to be construed as containing, references to the transferor; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the transferee.

30.  Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as necessary or expedient in consequence of or for giving full effect to—

(a)the transfer of a relevant function or any relevant property or liability, or

(b)article 28 or 29,

as if any references (including references which are to be construed as such references) to the transferor were or included references to the transferee.

31.—(1) An instrument made before the coming into force of this Order is not to be subject (in whole or in part) to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(1)) despite any provision made by this Order.

(2) If, immediately before the coming into force of this Order, the instrument is subject to annulment in pursuance of a resolution of either House of Parliament, the instrument is to continue to be so subject.

(1)

1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

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