Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 8

SCHEDULE 10Serious Crime Act 2007

This schedulenoteType=Explanatory Memorandum has no associated

1.  Amend the Serious Crime Act 2007(1) as follows.

2.  (1)  Amend section 4 (involvement in serious crime: supplementary) as follows.

(2) In subsection (4) (power to amend Schedule 1 by order) after “amend” insert “Part 1 of”.

(3) After subsection (4) insert—

(5) The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.

3.  For section 7 (serious crime prevention orders: other exceptions) substitute—

7    Other exceptions

(1) A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.

(2) A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.

4.  (1)  Amend section 24 (serious crime prevention orders: appeals from Crown Court) as follows.

(2) After subsection (9) insert—

(9A) The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998(2)).

5.  (1)  Amend section 28 (powers to wind up companies etc. in Northern Ireland following conviction under section 25) as follows.

(2) In subsection (11)—

(a)in paragraph (b) of the definition of “appropriate Minister”, for “Secretary of State” substitute “Department of Justice in Northern Ireland”; and

(b)in paragraph (e) of the definition of “relevant body”, for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

6.  (1)  Amend section 29 (powers to wind up: supplementary) as follows.

(2) In subsection (1) omit the word “or” and paragraph (b).

(3) After subsection (1) insert—

(1A) The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989(3) by virtue of section 28(2).

(4) In subsection (2) after “(1)” insert “or (1A)”.

(5) In subsection (3) omit “or 28(2) to (4)”.

(6) After subsection (3) insert—

(3A) The Department of Justice in Northern Ireland may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as the Department considers appropriate in connection with section 28(2) to (4).

(7) In subsection (4) after “(1)” insert “or (1A)”.

7.  (1)  Amend section 40 (serious crime prevention orders: costs in relation to authorised monitors) as follows.

(2) In subsections (1) and (4) for “Secretary of State” substitute “appropriate authority”.

(3) After subsection (8) insert—

(9) In this section “the appropriate authority” means—

(a)in relation to serious crime prevention orders in England and Wales, the Secretary of State;

(b)in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.

8.  (1)  Amend section 49 (inchoate offences: supplemental provisions) as follows.

(2) After subsection (6) insert—

(6A) The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

9.  (1)  Amend section 63 (consequential amendments: Part 2) as follows.

(2) In subsection (3) (power to amend Part 1 of Schedule 6 by order) after “Schedule 6” insert “as it applies to England and Wales”.

(3) After subsection (3) insert—

(4) The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.

10.  (1)  Amend section 89 (orders) as follows.

(2) In subsection (3) after “made” insert “by statutory instrument”.

(3) In subsection (6)—

(a)after “order” insert “made by statutory instrument”;

(b)for “section 7” substitute “section 7(1)”; and

(c)omit “or (11)”.

(4) After subsection (6) insert—

(7) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(4).

(8) Any power of the Department of Justice to make an order under this Act—

(a)may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

(b)includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate.

(9) No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(10) Section 41(3) of the Interpretation Act (Northern Ireland) 1954(5) applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(11) An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(6)).

(5)

1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.

(6)

Section 41(6) was amended by S.I. 1999/663.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources