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

48.—(1) Amend the Tribunals and Inquiries Act 1992(1) as follows. U.K.

(2) In section 9 (procedure in connection with statutory inquiries) at the end insert—

“(6) In the application of this section to inquiries held in Northern Ireland, the power to make rules is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor) so far as the power may be used to make Northern Ireland devolved provision.”

(3) In section 10 (reasons to be given for decisions of tribunals and Ministers) after subsection (8) insert—

“(9) In relation to—

(a) any tribunal specified in Schedule 1 which sits in Northern Ireland, and

(b) statutory inquiries held in Northern Ireland,

the power to make an order under subsection (7) or (8) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and those subsections are to be read accordingly.”

(4) In section 13 (power to apply Act to additional tribunals etc) after subsection (5) insert—

“(5A) In relation to Northern Ireland, any power to make an order under this section is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and this section is to be read accordingly.”

(5) In section 15 (rules and orders), the existing provision becomes subsection (1), and after that subsection insert—

“(2) Any rules or orders made by the Department of Justice in Northern Ireland under this Act shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(2) and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(3).”

(6) In section 16(1) (interpretation), at the appropriate place, insert—

““Northern Ireland devolved provision” means 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),”.

(7) In section 16 (interpretation) after subsection (2) insert—

“(2A) In relation to inquiries or hearings held or to be held in Northern Ireland, the power to make an order under subsection (2) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and subsection (2) is to be read accordingly.”

Commencement Information

I1 Sch. 18 para. 48 in force at 12.4.2010, see art. 1(2)

(1)

1992 c.53.

(2)

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

(3)

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