The Deregulation and Contracting Out (Northern Ireland) Order 1996 No. 1632 (NI. 11)

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Deregulation and Contracting Out (Northern Ireland) Order 1996.

(2) Article 17 comes into operation on the expiration of seven days from the day on which this Order is made.

(3) The remaining provisions of this Order come into operation on the expiration of two months from the day on which it is made.

Interpretation N.I.

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “Department” means a Northern Ireland department or the Head of such a department;

• “employee”, in relation to a body corporate, includes any director or other officer of that body;

• “enactment”, in relation to a Department, Northern Ireland office-holder or district council, includes an enactment contained in any statutory provision (whenever passed or made);

• “enactment”, in relation to a Minister or reserved office-holder, m includes an enactment contained in any statutory provision (whenever passed or made), other than—

  (a)

  an Act of the Parliament of the United Kingdom; or

  (b)

  an instrument made under such an Act (except a Northern Ireland Order in Council);

• “function”, in relation to a district council, includes any power to do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;

• “instrument” has the meaning assigned by section 1(c) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954;

• “joint committee” [F1 has the same meaning as in the Local Government Act (Northern Ireland) 2014];

• “Minister” has the same meaning as Minister of the Crown has in the Ministers of the [1975 c. 26.] Crown Act 1975;

• “Northern Ireland office-holder” does not include a Department or an officer of the Assembly, but, subject to that, means—

  (a)

  the holder of an office created or continued in existence by a public general Act of the Parliament of Northern Ireland or the Parliament of Ireland or public general Measure of the Assembly or by a Northern Ireland Order in Council;

  (b)

  the holder of an office the remuneration in respect of which is paid out of money appropriated by Measure;

  (c)

  the registrar of companies; and

  (d)

  the official receiver;

• “Northern Ireland Order in Council” means an Order in Council under section 1(3) of the [1972 c. 22.] Northern Ireland (Temporary Provisions) Act 1972 or Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974;

• “office-holder” means a Northern Ireland office-holder or a reserved office-holder;

• “officer”

  (a)

  in relation to a Department, means any person in the Northern Ireland civil service or the civil service of the Crown who is serving in the Department;

  (b)

  in relation to a Minister, means any person in the PART I civil service of the Crown or the Northern Ireland civil service who is serving in his department;

  (c)

  in relation to an office-holder, means any member of his staff, or any person in the Northern Ireland civil service or the civil service of the Crown who has been assigned or appointed to assist him in the exercise of his functions;

• [F2 [F3 “ registrar of companies ” means registrar of companies for Northern Ireland; ]

• “reserved office-holder” does not include a Minister or an officer of the Assembly, but, subject to that, means—

  (a)

  the holder of an office created or continued in existence by a public general Act of the Parliament of the United Kingdom; and

  (b)

  the holder of an office the remuneration in respect of which is paid out of money provided by Parliament;

• “statutory provision” has the meaning assigned by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.

(3) This Order has effect as if—

(a) any reference in Part III to a district council included references to a joint committee and to an officer of such a council; and

(b) any reference in Part III to that Part included a reference to an order made under Article 17.]

F1 Words in art. 2(2) substituted (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 9 para. 5 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

F2 Art. 2(2): definition of "registrar of companies" inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 166(2) (with art. 10)

F3 Art. 2(2): definition of "registrar of companies" ceases to have effect (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 7(2)(a) (with art. 10)