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

Proceeds of Crime (Northern Ireland) Order 1996

15.—(1) Amend the Proceeds of Crime (Northern Ireland) Order 1996(1) as follows.

(2) In Article 56 (regulations extending certain offences to Crown servants)—

(a) in paragraph (1) for “Secretary of State” substitute “appropriate authority”;

(b) in paragraph (5), at the appropriate place, insert—

““the appropriate authority” means—

(a)

in relation to persons in the public service of the Crown in right of Her Majesty’s Government in the United Kingdom, the Secretary of State;

(b)

otherwise, the Department of Justice;”;

(c) in paragraph (5), in the definition of “prescribed”, for “Secretary of State” substitute “appropriate authority”;

(d) after paragraph (5) insert—

“(5A) Regulations made by the Department of Justice under this Article shall be subject to negative resolution.”;

(e) in paragraph (6) after “Regulations” insert “made by the Secretary of State”.

(3) In paragraph 2 of Part 2 of Schedule 1 (orders varying list of offences) for the words from “annulment” to “accordingly” substitute “negative resolution”.

(4) In paragraph 8(3) of Schedule 2 (financial investigations: code of practice)—

(a) for “both Houses of Parliament” substitute “the Assembly”;

(b) for “code before both Houses” substitute “code before the Assembly”.

(5) In paragraph 9 of Schedule 2 (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

(1)

S.I. 1996/1299 (N.I. 9). Article 56 was amended by Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).