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Statutory Instruments

2007 No. 2045 (C.76)

northern ireland

The Justice and Security (Northern Ireland) Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007

Made

17th July 2007

The Secretary of State, in exercise of the powers conferred by sections 48(6) and (7) and 53(4) of the Justice and Security (Northern Ireland) Act 2007(1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Justice and Security (Northern Ireland) Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007.

(2) In this Order the “2007 Act” means the Justice and Security (Northern Ireland) Act 2007.

Commencement of provisions

2.—(1) Section 8(4) of the 2007 Act shall come into force on 19th July 2007.

(2) The provisions of the 2007 Act specified in paragraph (3) shall come into force on 1st August 2007.

(3) The provisions referred to in paragraph (2) are—

(a)Section 1 (Issue of certificate);

(b)Section 2 (Certificates: supplementary);

(c)Section 3 (Preliminary inquiry);

(d)Section 4 (Court for trial);

(e)Section 5 (Mode of trial on indictment);

(f)Section 6 (Rules of court);

(g)Section 7 (Limitation on challenge of issue of certificate);

(h)Section 8(1), (2) and (3) (Supplementary);

(i)Sections 10 to 13 (Juries);

(j)Sections 14 to 20 (Human Rights Commission);

(k)Section 41 (Duration);

(l)Section 42 (Interpretation);

(m)Section 43 (Accredited community‑based restorative justice schemes);

(n)Section 46 (Free legal aid in magistrates’ courts);

(o)Section 47 (Altering title of resident magistrate);

(p)Section 48(1), (2), (6) and (7) (Private security industry);

(q)Schedule 1 (Trials on indictment without a jury: consequential amendments);

(r)Schedule 2 (Restrictions on disclosure of juror information: further amendments); and

(s)Schedule 6 (Private security industry: interim arrangements).

Transitional provisions

3.—(1) A licence issued under paragraph 7 of Schedule 13 to the Terrorism Act 2000(2) which has not expired before 1st August 2007 shall have effect as if issued under paragraph 9 of Schedule 6 to the 2007 Act.

(2) An application may be made under or by virtue of paragraph 8(1) of Schedule 6 to the 2007 Act before 1st August 2007.

Paul Goggins

Minister of State

Northern Ireland Office

17th July 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 19th July 2007 section 8(4) of the Justice and Security (Northern Ireland) Act 2007, and on 1st August 2007 the provisions of that Act which are listed in article 2(3). Article 3 provides that licences in respect of the provision of security services issued under paragraph 7 of Schedule 13 to the Terrorism Act 2000, but which have not expired when that provision ceases to have effect at the end of 31st July 2007, will have effect as if issued under paragraph 9 of Schedule 6 to the Justice and Security (Northern Ireland) Act 2007. It also provides that applications for a licence may be made under paragraph 8(1) of that Schedule 6 in advance of that provision coming into force on 1st August 2007.