1996 No. 3161
The Criminal Justice (Northern Ireland Consequential Amendments) Order 1996
Made
Coming into force in accordance with Article 1(2)
At the Court at Buckingham Palace, the 19th day of December 1996
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by section 38(2) of the Northern Ireland Constitution Act 19731, as extended by paragraph 1(7) of Schedule 1 to the Northern Ireland Act 19742, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Title, commencement and extent1
1
This Order may be cited as the Criminal Justice (Northern Ireland Consequential Amendments) Order 1996.
2
This Order shall come into force on such day or days as may be appointed by order made under Article 1(2) of the Criminal Justice (Northern Ireland) Order 19963.
3
This Order extends to the whole of the United Kingdom.
Amendment of the Criminal Justice Act 19912
In Schedule 3 to the Criminal Justice Act 19914 (Reciprocal enforcement of certain orders)—
a
in paragraph 2—
i
in sub-paragraph (3)(c) for the words “section 2B of the Probation Act (Northern Ireland) 1950” there shall be substituted the words “paragraph 3 of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996”;
ii
in sub-paragraph (3)(d) for the words “section 2 of the Probation Act (Northern Ireland) 1950” there shall be substituted the words “paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996”;
b
in paragraph 4—
i
sub-paragraph (1)(a) is hereby repealed;
ii
in sub-paragraph (1)(b) the words “in any case” are hereby repealed;
iii
in sub-paragraph (2) the words from “and, where” onwards are hereby repealed;
iv
in sub-paragraph (3)(b) for the words “the Treatment of Offenders (Northern Ireland) Order 1976” there shall be substituted the words “Part II of the Criminal Justice (Northern Ireland) Order 1996”;
c
in paragraph 6—
i
in sub-paragraph (4)(b) for the words from “section” onwards there shall be substituted the words “paragraphs 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996”; and
ii
for sub-paragraph (4)(c)(ii) there shall be substituted—
ii
a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996;
iii
in sub-paragraph (8), in the definition of “the probation officer concerned” for the words “Part III of the Treatment of Offenders (Northern Ireland) Order 1976” there shall be substituted the words “Part II of the Criminal Justice (Northern Ireland) Order 1996”;
d
in paragraph 10—
i
in sub-paragraph (1) the words “in the case of an offender of or over the age of 16 years” are hereby repealed;
ii
in sub-paragraph (1) for the words “section 1 of the Probation Act (Northern Ireland) 1950” there shall be substituted the words “Article 10 of the Criminal Justice (Northern Ireland) Order 1996”;
iii
in sub-paragraph (2) the words “has attained the age of 16 years and” are hereby repealed;
iv
in sub-paragraph (2) for the words “Probation Act (Northern Ireland) 1950” there shall be substituted the words “Criminal Justice (Northern Ireland) Order 1996”;
v
in sub-paragraph (3) for the words “sections 2, 2A and 2B of the Probation Act (Northern Ireland) 1950” there shall be substituted the words “Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996”;
vi
in sub-paragraph (3)(b) for the words “section 2(2)” there shall be substituted the words “paragraph 4(3)”;
vii
in sub-paragraph (3)(c) for the words “section 2A(5)” there shall be substituted the words “paragraph 2(5)”;
viii
in sub-paragraph (3)(d) for the words “section 2B” there shall be substituted the words “paragraph 3”;
e
in paragraph 11—
i
in sub-paragraph (2)(b) the words “(except paragraphs 9 and 10)” are hereby repealed;
ii
in sub-paragraph (3) for the words “section 1(5) of the Probation Act (Northern Ireland) 1950” there shall be substituted the words “Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996”;
iii
in sub-paragraph (5)(b) for the words “paragraph 1 of Schedule 2 to the Probation Act (Northern Ireland) 1950” there shall be substituted the words “paragraph 7 or 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996”;
iv
in sub-paragraph (6) for the words “section 4(2) to (7) of the Probation Act (Northern Ireland) 1950” there shall be substituted the words “Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996”.
(This note is not part of the Order)