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

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Police Act 1997

36.  Amend the Police Act 1997(1) as follows.

37.  (1)  Amend section 119B (independent monitor) as follows.

(2) After subsection (4) insert—

(4A) Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.

38.  After section 126 insert—

126A    Part 5: Modifications for Northern Ireland

(1) This Part applies to Northern Ireland subject to the following modifications.

(2) Any reference to the Secretary of State, except in—

(a)section 118(2A)(d),

(b)section 119(1), (3), (5) and (8),

(c)section 119B(2), (4) and (4A), and

(d)section 122A as it applies to a function of the Secretary of State under section 119 or 119B(2), (4) or (4A),

shall be construed as a reference to the Department of Justice in Northern Ireland.

(3) Section 119 has effect subject to the following modifications—

(a)in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

(b)in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

(c)subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.

(4) The following provisions shall not have effect—

(a)section 113A(8);

(b)in section 113BC—

(i)in subsection (1) the words “made by statutory instrument”;

(ii)subsection (2);

(c)in section 120A—

(i)in subsection (7) the words “made by statutory instrument”;

(ii)subsection (8);

(d)section 125(2), (4) and (6).

(5) In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.

(6) In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.

(7) Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(2).

(8) No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(9) Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(3)).

(10) Section 41(3) of the Interpretation Act (Northern Ireland) 1954(4) applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment. 

(1)

1997 c. 50. Sections 113A and 113B were inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by Schedule 9, paragraph 14 of the Safeguarding Vulnerable Groups Act 2006 (c. 47). Sections 113BA, 113BB and 113BC were inserted by the Safeguarding Vulnerable Groups Act 2006 (c. 47), Schedule 9, paragraph 14. Section 118(2A) was inserted by section 164 of the Serious Organised Crime and Police Act 2005 (c. 15). Section 119B was inserted by section 28 of the Safeguarding Vulnerable Groups Act 2006 (c. 47). Section 122A was inserted by the Criminal Justice Act 2003 (c. 44), section 328 and Schedule 35, paragraphs 1, 10. Section 125 was amended by the Criminal Justice Act 2003 (c. 44), Schedule 35, paragraph 12. Relevant amendments have also been made by Article 60(1) of, and paragraph 3 of Schedule 7 to, S.I. 2007/1351 (N.I. 11); sections 81(3)(h) and 96 and 97 of, and paragraph 118 of Schedule 7 to, the Policing and Crime Act 2009 (c. 26) (not yet in force).

(3)

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

(4)

Section 41(3) was substituted by S.I. 1999/663.

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