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Justice (Northern Ireland) Act 2002, Section 90 is up to date with all changes known to be in force on or before 22 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Any power of—
(a)the Lord Chancellor,
(b)the Secretary of State, or
(c)the First Minister and deputy First Minister [F1or the [F2Department of Justice]],
to make an order or a scheme (or alterations to a scheme) under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
[F3(1A)No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b)[F4, 9(4)], 19(4)(b), 46(6)(a) or (b) or 72(1), (3), (7) or (8) shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(1B)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (1A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]
(2)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)No order containing (whether or not together with other provision) provision made by virtue of [F6section 78] shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(5)The following instruments—
(a)an order under section [F72(2)(a) or (c),][F85A(6),] 10(4), 12(3), 19(4)(a) or (c), F9... 46(6)(c), 63(2), 72(2) or 85(2), Schedule 4 or paragraph 7(3) of Schedule 8, and
(b)a scheme (or alterations to a scheme) under section 68 [F10or 69A],
shall, unless a draft has been approved by a resolution of [F11the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)].
[F12(6)An order under section 28(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 applies accordingly.]
Textual Amendments
F1Words in s. 90(1)(c) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 34(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F2Words in s. 90(1)(c) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(4); S.R. 2010/147, art. 2(2)
F3S. 90(1A)(1B) substituted for s. 90(1A) (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 23(a) (with arts. 28-31)
F4Word in s. 90(1A) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 119(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F5S. 90(2)(3) repealed (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 18, 19(1), Sch. 1 para. 4(2) {Sch. 4}; S.R. 2005/282, art. 3
F6Words in s. 90(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 23(b) (with arts. 28-31)
F7Words in s. 90(5)(a) inserted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 4(4); S.R. 2005/282, art. 3
F8Words in s. 90(5)(a) inserted (19.9.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 61, 148; S.I. 2007/2709, art. 2
F9Word in s. 90(5)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 23(c)(i) (with arts. 28-31)
F10Words in s. 90(5)(b) inserted (N.I.) (14.12.2008) by Domestic Violence, Crime and Victims Act 2004 (c. 4), ss. 46(4), 60; S.I. 2008/3065, art. 2
F11Words in s. 90(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 23(c)(ii) (with arts. 28-31)
F12S. 90(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 23(d) (with arts. 28-31)
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