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

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3.  After section 23 insert—

23A    Powers of Department of Justice in Northern Ireland

(1) The power to make an order under any of the following provisions 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(1)).

(2) The provisions are—

(a)section 16(4);

(b)section 16(6);

(c)section 21;

(d)section 22;

(e)section 23.

(3) None of the following applies in relation to a power of the Department of Justice to make an order by virtue of this section—

(a)section 16(7);

(b)section 21(3);

(c)section 22(2);

(d)section 23(3).

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