http://www.legislation.gov.uk/id/uksi/2010/976

Criminal Injuries Compensation (Northern Ireland) Order 200265, except functions transferred by virtue of paragraph 39 of Schedule 4 to the Northern Ireland Act 200966.

I2626

Criminal Justice (Northern Ireland) Order 200367.

I2727

Criminal Justice (Northern Ireland) Order 200468.

I2828

Criminal Justice (Evidence) (Northern Ireland) Order 200469.

I2929

Anti-social Behaviour (Northern Ireland) Order 200470.

I3030

Criminal Justice (Northern Ireland) Order 200571.

I3131

Road Traffic (Northern Ireland) Order 200772.

I3232

Criminal Justice (Northern Ireland) Order 200873, except for Chapters 4 and 7 of Part 2.

I3333

Sexual Offences (Northern Ireland) Order 200874.

SCHEDULE 2Amendments of enactments specified in Schedule 1

Article 4(3)

Administration of Justice Act (Northern Ireland) 1954

I341

Omit section 10 of the Administration of Justice Act (Northern Ireland) 195475.

Increase of Fines Act (Northern Ireland) 1967

1

Amend section 2 of the Increase of Fines Act (Northern Ireland) 196776 (power to make amendments as a result of the increase and variation of penalties under the Act) as follows.

2

In subsection (1) for “The Governor may, by Order in Council” substitute “The Department of Justice may by order”.

3

In subsection (1)(a) and (b) for “him” substitute “it”.

4

For subsection (2) substitute—

2
No order shall be made by the Department of Justice under this section unless a draft of it has been laid before, and approved by a resolution of, the Assembly.

Treatment of Offenders Act (Northern Ireland) 1968

1

Amend the Treatment of Offenders Act (Northern Ireland) 196877 as follows.

2

Omit section 32 (financial provisions).

3

In section 32A(2) (rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Treatment of Offenders (Northern Ireland) Order 1976

I374

In Article 18 of the Treatment of Offenders (Northern Ireland) Order 197678 (rules and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Damage (Compensation) (Northern Ireland) Order 1977

1

Amend the Criminal Damage (Compensation) (Northern Ireland) Order 197779 as follows.

2

Omit Article 20 (payments into Consolidated Fund).

3

In Article 21(4) (orders and regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Rehabilitation of Offenders (Northern Ireland) Order 1978

1

Amend the Rehabilitation of Offenders (Northern Ireland) Order 197880 as follows.

2

In Article 6 (rehabilitation periods for particular sentences)—

a

in paragraph (1)(d) for “Secretary of State or the Governor” substitute “Minister in charge of the Department of Justice”;

b

in paragraph (13) for “resolution of, each House of Parliament” substitute “a resolution of, the Assembly”.

3

In Article 11 (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 1980

1

Amend Article 11 of the Criminal Justice (Northern Ireland) Order 198081 (medical practitioners for post-mortem examinations) as follows.

2

In paragraph (2) for “Minister for the Civil Service” substitute “Department of Finance and Personnel”.

3

In paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Road Traffic (Northern Ireland) Order 1981

1

Amend the Road Traffic (Northern Ireland) Order 198182 as follows.

2

In Article 180C(4) (retention etc. of vehicles seized under Article 180B) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Fines and Penalties (Northern Ireland) Order 1984

1

Amend the Fines and Penalties (Northern Ireland) Order 198483 as follows.

2

In Article 17(6)(a) (power to alter sums specified in certain provisions) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Mental Health (Northern Ireland) Order 1986

1

Amend the Mental Health (Northern Ireland) Order 198684 as follows.

2

For paragraph 1(4) of Schedule 2A (supervision and treatment orders) substitute—

4
An order under sub-paragraph (2) is subject to negative resolution.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988

1

Amend the Criminal Justice (Serious Fraud) (Northern Ireland) Order 198885 as follows.

2

In Article 4(8) (notices of transfer) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Evidence (Northern Ireland) Order 1988

1

Amend the Criminal Evidence (Northern Ireland) Order 198886 as follows.

2

In Article 2(2) (interpretation and savings), in the definition of “authorised place of detention”, for the words from “annulment” to “accordingly” substitute “negative resolution”.

Police and Criminal Evidence (Northern Ireland) Order 1989

1

Amend the Police and Criminal Evidence (Northern Ireland) Order 198987 as follows.

2

In Article 66 (codes of practice)—

a

in paragraph (3) for “both Houses of Parliament” substitute “the Assembly”;

b

in paragraph (4) for “Parliament” substitute “the Assembly”.

3

In Article 89 (orders and regulations) make the existing text paragraph (1).

4

In paragraph (1) for the words from “Articles” to “46A” substitute “Article 85(1)”.

5

After paragraph (1) insert—

2
Orders made by the Department of Justice under Article 53, 60, 60A or 66 shall be subject to negative resolution.
3
Regulations made by the Department of Justice under Article 29(4) or 46A shall be subject to negative resolution.

Road Traffic (Northern Ireland) Order 1995

1

Amend the Road Traffic (Northern Ireland) Order 199588 as follows.

2

In Article 13(2B) (interpretation: orders designating health care professions) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Proceeds of Crime (Northern Ireland) Order 1996

1

Amend the Proceeds of Crime (Northern Ireland) Order 199689 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”.

Road Traffic Offenders (Northern Ireland) Order 1996

1

Amend Article 9 of the Road Traffic Offenders (Northern Ireland) Order 199690 (power to join in indictment counts for certain summary offences) as follows.

2

In paragraph (6) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Licensing (Northern Ireland) Order 1996

I5017

In Article 84(b) of the Licensing (Northern Ireland) Order 199691 (exemptions and savings) after “the authority of” insert “the Department of Justice,”.

Criminal Justice (Northern Ireland) Order 1996

1

Amend the Criminal Justice (Northern Ireland) Order 199692 as follows.

2

In Article 57 (rules and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Children) (Northern Ireland) Order 1998

1

Amend the Criminal Justice (Children) (Northern Ireland) Order 199893 as follows.

2

In Article 3B(3) (youth conference rules) for the words from “annulment” to “such rules” substitute “negative resolution”.

3

In Article 3C(9) (youth conference plans) for the words from “annulment” to “such rules” substitute “negative resolution”.

4

In Article 33A(11) (court-ordered youth conferences) for the words from “annulment” to “such an order” substitute “negative resolution”.

5

In Article 36C(7) (requirements of reparation orders) for the words from “annulment” to “such rules” substitute “negative resolution”.

6

In Article 36E(10) (community responsibility orders) for the words from “annulment” to “such an order” substitute “negative resolution”.

7

In Article 36H(3) (rules relating to community responsibility orders) for the words from “annulment” to “such rules” substitute “negative resolution”.

8

In Article 36L(3) (monitoring compliance with youth conference orders) for the words from “annulment” to “such rules” substitute “negative resolution”.

9

In Article 40(5) (supervision under a juvenile justice centre order) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 1998

I5320

In Article 8(7) of the Criminal Justice (Northern Ireland) Order 199894 (drug treatment and testing orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Evidence (Northern Ireland) Order 1999

1

Amend the Criminal Evidence (Northern Ireland) Order 199995 as follows.

2

In Article 38(1) (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Injuries Compensation (Northern Ireland) Order 2002

1

Amend the Criminal Injuries Compensation (Northern Ireland) Order 200296 as follows.

2

In Article 3 (duty to make arrangements for payment of compensation etc)—

a

in paragraph (1) for the words from “Secretary” to “Parliament” substitute “Department of Justice shall make arrangements for the payment by it”;

b

in paragraph (7) for “each House of Parliament” substitute “the Assembly”.

3

In Article 8 (reports, accounts and financial records)—

a

in paragraph (3) for “each House of Parliament” substitute “the Assembly”;

b

in paragraph (5) after “General” insert “for Northern Ireland”;

c

in paragraph (6)—

i

after “General” insert “for Northern Ireland”;

ii

in sub-paragraph (b) for “each House of Parliament” substitute “the Assembly”.

4

Nothing in this Order affects the application of Article 8(4) to (6) of the 2002 Order, or any provision included in the Northern Ireland Criminal Injuries Compensation Scheme by virtue of Article 8(4), in relation to any financial year ending before the coming into force of this Order.

5

In Article 9 (approval of the Northern Ireland Criminal Injuries Compensation Scheme)—

a

in paragraph (1) for “Parliament” substitute “the Assembly”;

b

in paragraph (2) for “each House” substitute “the Assembly”.

6

In Article 10 (alterations to the Scheme)—

a

in paragraphs (1), (2), (3) and (4)(b) for “Parliament” substitute “the Assembly”;

b

in paragraph (2) for “each House” substitute “the Assembly”;

c

in paragraph (4)—

i

for “either House of Parliament” substitute “the Assembly”;

ii

for “that House” substitute “the Assembly”;

iii

for “period of 40 days beginning with”, where it first occurs, substitute “statutory period next after”;

iv

in sub-paragraph (b) for “period of 40 days” substitute “statutory period”;

d

omit paragraph (5).

7

Omit Article 13(4) (financial provisions).

Criminal Justice (Northern Ireland) Order 2003

I5623

1

Amend the Criminal Justice (Northern Ireland) Order 200397 as follows.

2

In Article 17(1) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 2004

I5724

1

Amend the Criminal Justice (Northern Ireland) Order 200498 as follows.

2

In Article 34(2) (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Evidence) (Northern Ireland) Order 2004

I5825

1

Amend the Criminal Justice (Evidence) (Northern Ireland) Order 200499 as follows.

2

In Article 45(2) (orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Anti-social Behaviour (Northern Ireland) Order 2004

I5926

1

Amend the Anti-social Behaviour (Northern Ireland) Order 2004100 as follows.

2

In Article 2(4C) (interpretation) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Justice (Northern Ireland) Order 2005

I6027

1

Amend the Criminal Justice (Northern Ireland) Order 2005101 as follows.

2

In Article 25(7) (information for victims of crime) for the words from “each” to “accordingly” substitute “the Assembly, be subject to negative resolution”.

Road Traffic (Northern Ireland) Order 2007

I6128

1

Amend the Road Traffic (Northern Ireland) Order 2007102 as follows.

2

In Article 80(5) (funding for automatic number plate recognition) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Sexual Offences (Northern Ireland) Order 2008

I6229

1

Amend the Sexual Offences (Northern Ireland) Order 2008103 as follows.

2

In Article 80 (orders)—

a

omit paragraph (1);

b

for paragraph (2) substitute—

2
Orders under this Order (except an order under Article 1(3)) shall be subject to negative resolution.

SCHEDULE 3Amendments relating to policing

Article 5

Public Order (Northern Ireland) Order 1987

I631

Amend the Public Order (Northern Ireland) Order 1987104 as follows.

I642

1

Amend Article 5 (prohibiting open-air public meetings) as follows.

2

In paragraph (1)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “him” and “he” substitute “the Department of Justice”;

c

in sub-paragraph (b)(iii) omit “or military forces”.

3

After paragraph (1) insert—

1ZA
If at any time the Secretary of State is of the opinion, in consequence of information furnished to him by the Chief Constable or for any other reason, that the holding in any area or place of any open-air public meeting is likely to cause undue demands to be made upon the military forces, the Secretary of State may, in relation to that area or place, make an order under paragraph (1)(A), (B) or (C).

4

In paragraph (1A) after “An order” insert “made by the Department of Justice or the Secretary of State”.

5

In paragraph (3) for “Secretary of State under paragraph (1) as to” substitute “Department of Justice or the Secretary of State under this Article as to its or”.

6

In paragraph (4) after “(1)” insert “or (1ZA)”.

I653

In Article 21(2) (wearing of uniform in public) for “Secretary of State” substitute “Department of Justice”.

I664

In Article 23C (regulations about retention and disposal of things seized under Articles 23A and 23B)—

a

in paragraphs (1) and (2) for “Secretary of State” substitute “Department of Justice”;

b

in paragraph (3) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Police Act 1996

I675

Amend the Police Act 1996105 as follows.

I686

1

Amend section 61106 (Police Negotiating Board for the United Kingdom) as follows.

2

In subsection (1)—

a

omit the word “and” at the end of paragraph (d), and

b

after paragraph (e) insert—

and
f
the Department of Justice in Northern Ireland,

3

In subsection (2) after “the Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

4

In subsection (3) for “and (e)” substitute “, (e) and (f)”.

5

After subsection (6) insert—

7
The Department of Justice in Northern Ireland may make payments towards the expenses incurred by the Board in relation to the exercise by it of its function in or as regards Northern Ireland.

I697

1

Amend section 62107 (functions of the Police Negotiating Board with respect to regulations) as follows.

2

Omit subsection (1)(c).

3

After subsection (1) insert—

1ZA
Before making regulations under section 25 of the Police (Northern Ireland) Act 1998108 with respect to any of the matters mentioned in section 61(1) (other than pensions), the Department of Justice in Northern Ireland shall take into consideration any recommendation made by the Police Negotiating Board for the United Kingdom and shall supply the Board with a draft of the regulations.

4

After subsection (2) insert—

2A
The arrangements referred to in section 61(3) shall regulate the procedure for reaching agreement on a recommendation to be made by the Board for the purposes of subsection (1ZA) above and shall include provision for arriving at such a recommendation by arbitration in such circumstances as may be determined by or under the arrangements.

Police (Northern Ireland) Act 1998

I708

Amend the Police (Northern Ireland) Act 1998109 as follows.

I719

In section 25110 (regulations for PSNI) in subsections (1), (2)(i), (5)(a), (7) and (8) for “Secretary of State” substitute “Department of Justice”.

I7210

In section 26111 (regulations for PSNI Reserve) in subsections (1), (5)(a) and (6) for “Secretary of State” substitute “Department of Justice”.

I7311

In section 27(1)(a)112 (members of PSNI engaged on other police service) for “Secretary of State” substitute “Department of Justice”.

I7412

In section 28113 (the Police Fund) in subsections (1) and (2) for “Secretary of State” substitute “Department of Justice”.

I7513

In section 29114 (liability for wrongful acts of constables)—

a

in subsection (7)(c) for “Secretary of State” substitute “Department of Justice”; and

b

omit subsection (8).

I7614

In section 31(4) (regulations for disposal of property which has come into the possession of the police) for “Secretary of State” substitute “Department of Justice”.

I7715

In section 32(5) (Police Association for Northern Ireland)—

a

for “Secretary of State” substitute “Department of Justice”; and

b

for “he” substitute “the Department of Justice”.

I7816

In section 33115 (regulations for Police Association), in subsections (1), (2)(c) and (d) and (3) for “Secretary of State” substitute “Department of Justice”.

I7917

Omit section 34(1) (amendment relating to the Police Negotiating Board for the United Kingdom).

I8018

In section 35(4) (membership of trade unions) for “Secretary of State” substitute “Department of Justice”.

I8119

In the heading to Part 5 (functions of Secretary of State) after “Secretary of State” insert “and Department of Justice”.

I8220

In section 40116 (power to require use by police of specified facilities, equipment or services)—

a

in subsection (1)—

i

for “Secretary of State” substitute “Department of Justice”, and

ii

for “he” substitute “the Department of Justice”; and

b

in subsection (2) for “Secretary of State” substitute “Department of Justice”.

I8321

In section 41117 (appointment of inspectors of constabulary)—

a

in subsection (1)—

i

for “Secretary of State” substitute “Department of Justice”, and

ii

for “he” substitute “the Department of Justice”;

b

in subsections (2), (4) and (5) for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

c

in subsections (3A) and (3B) for “Secretary of State” substitute “appropriate authority”;

d

after subsection (3B) insert—

3C
In subsections (3A) and (3B) “the appropriate authority” means, in relation to any inspection—
a
the Secretary of State, if the inspection relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision;
b
otherwise, the Department of Justice;
and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998118.

I8422

After section 41 insert—

41APowers of Secretary of State in relation to reports and other duties of inspectors of constabulary
1
For the purposes of subsections (2) to (8) information is “protected information” if the inclusion of the information in a report of the inspectors under section 41 would be against the interests of national security.
2
If it appears to the Secretary of State that—
a
the inspectors are required to prepare a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)), and
b
the report might contain (or once completed might contain) protected information,
the Secretary of State may require the inspectors to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).
3
The Secretary of State must, within—
a
the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.
4
If—
a
it appears to the inspectors that a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)) might contain protected information, and
b
the inspectors have not been required to refer the report to the Secretary of State under subsection (2),
the inspectors must refer the report to the Secretary of State.
5
The Secretary of State must, within—
a
the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.
6
Where the Secretary of State has required that a report be referred to the Secretary of State under subsection (2), or the inspectors are required under subsection (4) to refer a report to the Secretary of State, the inspectors must not disclose the report to anyone apart from the Secretary of State, except—
a
in accordance with subsection (7),
b
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or
c
after the period mentioned in subsection (3) or (5) has expired without any notification being given by the Secretary of State.
7
Where the Secretary of State notifies the inspectors under subsection (3) or (5) that, in the opinion of the Secretary of State, a report contains protected information—
a
the Secretary of State may direct the inspectors to exclude from the report any information that, in the opinion of the Secretary of State, is protected information,
b
the inspectors must exclude that information from the report,
c
the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a), and
d
the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).
8
When the inspectors provide to anyone a report from which information has been excluded under subsection (7), they must at the same time provide the report to the Secretary of State.
9
For the purposes of subsections (10) to (14) information is “protected information” if it is information that, in the interests of national security, ought not to be disclosed by the inspectors.
10
If it appears to the Secretary of State that any requirement imposed on the inspectors by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, the Secretary of State may require the inspectors to refer the matter to the Secretary of State.
11
If it appears to the inspectors that any requirement imposed on them by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, they must refer the matter to the Secretary of State.
12
The Secretary of State must, within—
a
the period of 30 days after the date on which the inspectors refer a matter to the Secretary of State under subsection (10) or (11), or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the inspectors whether, in the opinion of the Secretary of State, the information in question is or includes protected information.
13
Where the inspectors are required under subsection (10) or (11) to refer a matter to the Secretary of State, they must not disclose the information in question to anyone apart from the Secretary of State, except—
a
in accordance with subsection (14),
b
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the information in question is not or does not include protected information, or
c
after the period mentioned in subsection (12) has expired without any notification being given by the Secretary of State.
14
Where the Secretary of State notifies the inspectors under subsection (12) that, in the opinion of the Secretary of State, the information in question is or includes protected information—
a
the Secretary of State may set aside or modify the requirement imposed by the Department of Justice as the Secretary of State thinks appropriate so that the inspectors are not required to disclose any information that, in the opinion of the Secretary of State, is protected information;
b
the inspectors must proceed accordingly;
c
the Secretary of State must inform the Department of Justice that the Secretary of State has taken action under paragraph (a); and
d
the Secretary of State must lay before Parliament a statement that the Secretary of State has taken action under paragraph (a).

I8523

In section 42119 (publication of reports of inspectors of constabulary)—

a

in subsection (1)—

i

for “Secretary of State” substitute “Department of Justice”, and

ii

for “him” (in both places) substitute “it”;

b

in subsection (2)—

i

for “Secretary of State” substitute “Department of Justice”,

ii

for “his” substitute “its”, and

iii

omit “against the interests of national security or”;

c

in subsection (3) for “Secretary of State” substitute “Department of Justice”;

d

in subsection (6) for “Secretary of State” substitute “Department of Justice”;

e

after subsection (6) insert—

6A
In relation to a report received by the Secretary of State under section 41(3B)—
a
subsections (1) to (6) above apply as if references to the Department of Justice were references to the Secretary of State;
b
under subsection (2) above, the Secretary of State may also exclude from publication under subsection (1) any part of the report if, in the Secretary of State’s opinion, the publication of that part would be against the interests of national security.

I8624

In section 43 (criminal statistics)—

a

in subsection (1) for “Secretary of State” (wherever occurring) substitute “Department of Justice”; and

b

in subsection (2)—

i

for “Secretary of State” substitute “Department of Justice”,

ii

for “him” substitute “it”, and

iii

for “he” substitute “it”.

I8725

In section 45120 (research and advice)—

a

in subsection (1)—

i

for “Secretary of State” substitute “Department of Justice”, and

ii

for “him” substitute “the Department of Justice”; and

b

in subsection (2)—

i

for “Secretary of State” substitute “Department of Justice”, and

ii

for “him” (in both places) substitute “the Department of Justice”.

I8826

1

In section 46121 (expenditure by Secretary of State for police purposes)—

a

for “Secretary of State” substitute “Department of Justice”, and

b

for “he” substitute “the Department of Justice”.

2

In the heading for section 46 for “Secretary of State” substitute “Department of Justice”.

I8927

In section 52122 (receipt and initial classification of complaints) in subsections (1)(b), (6) and (7) for “Secretary of State” substitute “Department of Justice”.

I9028

1

Amend section 55123 (consideration of other matters by Police Ombudsman) as follows.

2

In subsections (1) and (7) after “Board” (wherever occurring) insert “, the Department of Justice”.

3

After subsection (1) insert—

1A
The Secretary of State may refer a matter to the Ombudsman under subsection (1) only if it appears to the Secretary of State that the matter relates (in whole or in part) to an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998124).

I9129

In section 56(2) (power to make provision in relation to investigations by the Police Ombudsman) for “Secretary of State” substitute “Department of Justice”.

I9230

1

Amend section 60125 (constabularies not maintained by the Policing Board) as follows.

2

In subsections (1), (2), (3) and (4) for “Secretary of State” substitute “Department of Justice”.

3

After subsection (6) insert—

7
In the application of this section in relation to the Ministry of Defence Police, references to the Department of Justice are to be read as references to the Secretary of State.

I9331

In section 60A126 (investigations into current police practices and policies)—

a

in subsection (3) for “Secretary of State” substitute “Department of Justice”;

b

after subsection (3) insert—

3A
Where it appears to the Ombudsman that an investigation may relate wholly or in part to—
a
a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision, or
b
an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998),
the Ombudsman shall also immediately inform the Secretary of State of the matters mentioned in subsection (3)(a) to (c).

c

after subsection (5) insert—

6
The Ombudsman shall send a copy of his report to the Department of Justice, if the investigation relates wholly or in part to a matter in respect of which a function is conferred or imposed on the Department of Justice by or under a statutory provision.

I9432

1

Amend section 61127 (reports by Ombudsman) as follows.

2

In subsections (1) and (2)—

a

for “Secretary of State” (wherever occurring) substitute “appropriate authority”;

b

for “Secretary of State’s” substitute “appropriate authority’s”.

3

After subsection (2) insert—

2A
In subsections (1) and (2) “the appropriate authority” means, in relation to any matter—
a
the Secretary of State, if the matter relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a function conferred or imposed on the Secretary of State by or under a statutory provision;
b
otherwise, the Department of Justice;
and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998.

4

In subsections (3) and (4) for “Secretary of State” substitute “Department of Justice”.

5

After subsection (5) insert—

5A
The Department of Justice shall—
a
lay before the Northern Ireland Assembly a copy of every report received by the Department under this section; and
b
cause every such report to be published.
5B
Section 41(3) of the Interpretation Act (Northern Ireland) 1954128 applies for the purposes of subsection (5A)(a) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

I9533

1

Amend section 63129 (restriction on disclosure of information) as follows.

2

In subsection (1) for paragraph (b) substitute—

b
to the Department of Justice or the Secretary of State;

3

After subsection (3) insert—

4
Nothing in subsection (1)(b) permits the disclosure to the Department of Justice of information—
a
which has been supplied to the Ombudsman under section 66(1) of the Police (Northern Ireland) Act 2000130 for the purposes of or in connection with an investigation under section 60A of this Act, and
b
in relation to which the Ombudsman has been informed under section 66(3)(b) of the Police (Northern Ireland) Act 2000 that the information is, in the opinion of the Chief Constable or the Board, information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of that Act.

4

In relation to information supplied to the Ombudsman before the coming into force of this Order, section 63(4)(b) (as inserted by sub-paragraph (3) above) has effect as if the reference to section 66(3)(b) of the 2000 Act were a reference to section 66(3)(b) before its substitution by paragraph 77(2) below.

I9634

1

Amend section 64131 (regulations) as follows.

2

In subsections (1), (2), (2A), (3) and (4) for “Secretary of State” substitute “Department of Justice”.

3

Omit subsection (2A)(d).

I9735

After section 64 insert—

64ASecretary of State’s power to make regulations
1
The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with—
a
excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998132);
b
matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.
2
The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of—
a
the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000133, or
b
a person appointed under Part 4 of that Act,
the Ombudsman shall not investigate it.
3
Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.
4
Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c).
5
Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.

I9836

In section 65134 (guidance concerning discipline, complaints, etc.)—

a

in subsections (1), (4) and (5) for “Secretary of State” substitute “Department of Justice”;

b

after subsection (5) insert—

6
In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Secretary of State with respect to matters the disclosure of which may be prejudicial to the public interest on the ground of national security.
7
Any guidance given by the Department of Justice to the Ombudsman under this section has effect subject to any guidance given by the Secretary of State under subsection (6).

I9937

In section 66135 (assaults on constables)—

a

in subsection (6)(c) for “Secretary of State” substitute “Department of Justice”; and

b

omit subsection (7).

I10038

1

Amend section 72136 (orders and regulations) as follows.

2

In subsection (1) before “the Secretary of State” insert “the Department of Justice or”.

3

In subsection (2) after “appear to” insert “the Department of Justice or (as the case may be)”.

4

In subsection (2A) for “Treasury” substitute “Department of Finance and Personnel”.

5

In subsection (4)—

a

for “A statutory rule” substitute “An order or regulations”;

b

omit “one containing”;

c

for the words from “shall be” to “accordingly” substitute—

a
if made by the Department of Justice, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954137);
b
if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946138 shall apply accordingly.

I10139

1

Amend Schedule 3139 (the Police Ombudsman for Northern Ireland) as follows.

2

In paragraph 1 (the Ombudsman)—

a

in sub-paragraph (1) after “Her Majesty” insert “on the recommendation of the First Minister and deputy First Minister acting jointly”;

b

in sub-paragraphs (7), (8) and (9) for “Secretary of State” (wherever occurring) substitute “First Minister and deputy First Minister acting jointly”; and

c

in sub-paragraph (8) for “him” substitute “them”.

3

In paragraphs 2 (remuneration) and 3 (staff) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

4

In paragraph 2(1) for “he” substitute “the Department of Justice”.

5

In paragraph 3 (staff)—

a

after sub-paragraph (2) insert—

2A
Employment by the Ombudsman shall be included among the kinds of employment
to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972140 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—
Employment by the Police Ombudsman for Northern Ireland.
2B
Where a person who is employed by the Ombudsman and is by reference to that employment a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 is appointed to the office of Ombudsman, the Department of Finance and Personnel may determine that his service in that office may be treated for the purposes of the scheme as service as an employee of the Ombudsman; and his rights under the scheme shall not be affected by paragraph 2(1).

b

omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972141 has effect accordingly).

6

In paragraph 6 (assistance from Chief Constable)—

a

in sub-paragraph (2)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

for “he” substitute “the Department of Justice”; and

b

in sub-paragraphs (3) and (4) for “Secretary of State” substitute “Department of Justice”.

7

In paragraph 11 (expenses) for “Secretary of State” (in both places) substitute “Department of Justice”.

8

In paragraph 12 (accounts and statements)—

a

in sub-paragraph (1)(b) and (c) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (1)(c) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c

in sub-paragraph (2) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

d

in sub-paragraph (2) for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

e

after sub-paragraph (2) insert—

3
Section 41(3) of the Interpretation Act (Northern Ireland) 1954142 applies for the purposes of sub-paragraph (2) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

9

Sub-paragraph (5)(b) above does not affect the position of any person under the Superannuation Act 1972143 in relation to the person’s employment by the Ombudsman, or the person’s service as the Ombudsman, before the coming into force of this Order.

10

Sub-paragraph (11) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of paragraph 3(3) or (4) of Schedule 3 to the Police (Northern Ireland) Act 1998144, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

11

In relation to the person’s employment by the Ombudsman, or (as the case may be) service as the Ombudsman, after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972145; and the person’s terms and conditions of service have effect accordingly.

12

Sub-paragraph (8) above does not apply in relation to a financial year ending before the coming into force of this Order.

Police (Northern Ireland) Act 2000

I10240

Amend the Police (Northern Ireland) Act 2000146 as follows.

I10341

In section 3(4)(c) (Policing Board to have regard to code of practice) for “Secretary of State” substitute “Department of Justice”.

I10442

In section 4147 (police support staff)—

a

in subsections (2)(a) and (b), (3), (3B) and (7) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (3B)(d) for “him” substitute “the Department of Justice”.

I10543

In section 5 (power to transfer certain staff to employment of Policing Board) in subsections (1) and (5) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

I10644

In section 7 (acquisition and disposal of land by Policing Board)—

a

in subsection (3) for “Secretary of State” (in both places) substitute “Department of Justice”; and

b

in subsection (4)(b) for “Secretary of State” substitute “Department of Justice”.

I10745

In section 8(3) (consent to Policing Board providing advice and assistance to international organisations)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “him” substitute “the Department of Justice”.

I10846

In section 9148 (grants to, and borrowing by, the Policing Board)—

a

in subsections (1), (2) and (5), and

b

in subsection (7) (in both places),

for “Secretary of State” substitute “Department of Justice”.

I10947

In section 10149 (funding for police purposes – ancillary provisions)—

a

in subsections (1), (1A) and (4) for “Secretary of State” (wherever occurring) substitute “Department of Justice”; and

b

in subsection (1A) for “he” substitute “the Department of Justice”.

I11048

1

In section 12150 (accounts and audit)—

a

in subsections (3) and (4) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (5)—

i

for “Secretary of State” (in both places) substitute “Department of Justice”;

ii

for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c

in subsection (6)—

i

for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

ii

for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

d

after subsection (6) insert—

7
Section 41(3) of the Interpretation Act (Northern Ireland) 1954151 applies for the purposes of subsection (6)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

2

Sub-paragraph (1) above does not apply in relation to a financial year ending before the coming into force of this Order.

I11149

1

Amend section 15 (default of council) as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “Department of Justice”; and

b

for “he” substitute “the Department of Justice”.

3

In subsection (2)—

a

for “Secretary of State” substitute “Department of Justice”; and

b

for “him” substitute “the Department of Justice”.

I11250

1

Amend section 15A152 (default of council: Belfast sub-groups) as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “Department of Justice”; and

b

for “he” substitute “the Department of Justice”.

3

In subsection (2)—

a

for “Secretary of State” substitute “Department of Justice”; and

b

for “him” substitute “the Department of Justice”.

I11351

In section 19(2) (agreement of Secretary of State to Board issuing code of practice for district policing partnerships) for “Secretary of State” substitute “Department of Justice”.

I11452

1

In section 24153 (Secretary of State’s long term policing objectives)—

a

in subsections (1), (2), (2A) (in both places) and (3) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (3) for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

c

after subsection (3) insert—

4
Section 41(3) of the Interpretation Act (Northern Ireland) 1954154 applies for the purposes of subsection (3) in relation to the laying of a statement as it applies in relation to the laying of a statutory document under an enactment.

2

In the heading to section 24 for “Secretary of State’s” substitute “Department of Justice’s”.

I11553

In section 26 (Policing Board’s policing plan) in subsections (2)(b), (3) and (6) for “Secretary of State” substitute “Department of Justice”.

I11654

In section 27155 (codes of practice on exercise of functions by Policing Board and Chief Constable)—

a

in subsections (1), (2) and (2A) (in both places) for “Secretary of State” substitute “Department of Justice”; and

b

in subsection (3)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

for “he” substitute “the Department of Justice”.

I11755

In section 28(6)156 (consultation on performance plan and performance summary) for “Secretary of State” substitute “Department of Justice”.

I11856

1

In section 29157 (audit of performance plans and performance summaries)—

a

in subsection (1) after “General” insert “for Northern Ireland”;

b

for subsection (3) substitute—

3
Article 3 of the Audit and Accountability (Northern Ireland) Order 2003158 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987159.

c

in subsection (4)—

i

after “General” insert “for Northern Ireland”; and

ii

for “Secretary of State” substitute “Department of Justice”;

d

in subsection (4A)—

i

after “General” insert “for Northern Ireland”; and

ii

for “Secretary of State” substitute “Department of Justice”;

e

in subsection (5)—

i

after “General” insert “for Northern Ireland”; and

ii

for “Secretary of State” substitute “Department of Justice”;

f

in subsection (6) after “General” insert “for Northern Ireland”; and

g

in subsection (10)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

after “General” insert “for Northern Ireland”.

2

Sub-paragraph (1) above does not apply in relation to a performance plan or a performance summary for a financial year ending before the coming into force of this Order.

I11957

1

Amend section 30 (examinations of the Policing Board’s compliance with section 28) as follows.

2

In subsection (1) after “General” insert “for Northern Ireland”.

3

In subsection (2)—

a

for “Secretary of State” substitute “Department of Justice”; and

b

after “General” (in each place) insert “for Northern Ireland”.

4

In subsection (3)—

a

for “Secretary of State” substitute “Department of Justice”; and

b

after “General” insert “for Northern Ireland”.

5

For subsection (4) substitute—

4
Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.

6

In subsection (5) after “General” insert “for Northern Ireland”.

7

In subsection (6)—

a

in paragraph (a) after “General” insert “for Northern Ireland”; and

b

in paragraph (b) for “Secretary of State” substitute “Department of Justice”.

8

In subsection (7)—

a

after “General” insert “for Northern Ireland”; and

b

for “Secretary of State” substitute “Department of Justice”.

9

In subsection (8)—

a

after “General” insert “for Northern Ireland”;

b

for “each House of Parliament” substitute “the Northern Ireland Assembly”.

10

After subsection (8) insert—

8A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954160 applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

I12058

1

In section 31161 (enforcement of duties under section 28)—

a

in subsection (1)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

for “he” substitute “it”;

b

in subsection (2)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

for “he” (in both places) substitute “the Department of Justice”;

c

in subsection (3) for “Secretary of State” substitute “Department of Justice”; and

d

in subsection (4) for “Secretary of State” substitute “Department of Justice”.

2

Sub-paragraph (1) above does not apply in the case of a report under section 29(4) or (4A) relating to a performance plan or a performance summary mentioned in paragraph 56(2) above.

I12159

1

Amend section 33A162 (provision of information to Policing Board) as follows.

2

For subsections (3) and (4) substitute—

3
Subsection (4) applies if the Chief Constable supplies the Board with information which, in his opinion, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
4
The Chief Constable—
a
must inform the Secretary of State that the information has been supplied to the Board, and
b
must inform the Secretary of State and the Board that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
5
Subsection (6) applies if the Chief Constable supplies the Board with information which, in his opinion, is—
a
information the disclosure of which would be likely to put an individual in danger, or
b
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
6
The Chief Constable—
a
must inform the Minister of Justice that the information has been supplied to the Board, and
b
must inform the Minister of Justice and the Board that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (5).

I12260

In section 34(2) (deputy Chief Constable) for “Secretary of State” substitute “Department of Justice”.

I12361

In section 35 (appointment and removal of senior officers)—

a

in subsection (1) for “Secretary of State” substitute “Minister of Justice”;

b

in subsection (2) for “Secretary of State” substitute “Minister of Justice”;

c

in subsection (3)(a) and (b) for “Secretary of State” substitute “Minister of Justice”;

d

in subsection (4) for “Secretary of State” substitute “Minister of Justice”;

e

in subsection (7) for “Secretary of State” substitute “Department of Justice”; and

f

in subsection (8)(a) for “Secretary of State” substitute “Minister of Justice”.

I12462

In section 36A163 (fixed-term appointments)—

a

in subsection (4)—

i

for “Secretary of State” substitute “Department of Justice”;

ii

for “he” substitute “it”; and

b

in subsection (5) for “Secretary of State” substitute “Department of Justice”.

I12563

In section 41164 (status etc. of trainees)—

a

in subsection (3) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (5)(a) for “Secretary of State” substitute “Department of Justice”; and

c

in subsection (6) for “Secretary of State” substitute “Department of Justice”.

I12664

In section 42(2) (police cadets) for “Secretary of State” substitute “Department of Justice”.

I12765

In section 43 (contracting-out of certain recruitment functions of Chief Constable)—

a

in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (2) for “Secretary of State” substitute “Department of Justice”; and

c

in subsection (3)(b) for “Secretary of State” substitute “Department of Justice”.

I12866

In section 44165 (recruitment arrangements: trainees and support staff)—

a

in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (2) for “Secretary of State” substitute “Department of Justice”; and

c

in subsection (4) for “Secretary of State” substitute “Department of Justice”.

I12967

In section 48(4)(c) (action plans) for “Secretary of State” substitute “Department of Justice”.

I13068

In section 51(3)(b) (notifiable memberships) for “Secretary of State” substitute “Department of Justice”.

I13169

In section 52166 (code of ethics)—

a

in subsection (5)(b) for “Secretary of State” substitute “Department of Justice”; and

b

in subsection (10) for “Secretary of State” substitute “Department of Justice”.

I13270

In section 53 (guidance as to use of equipment for maintaining or restoring public order)—

a

in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (2) for “Secretary of State” substitute “Department of Justice”; and

c

in subsection (3)—

i

for “Secretary of State” substitute “Department of Justice”, and

ii

for “he” substitute “it”.

I13371

In section 54 (regulations as to emblems and flags)—

a

in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (2) for “Secretary of State” substitute “Department of Justice”;

c

in subsection (3) for “Secretary of State” substitute “Department of Justice”; and

d

in subsection (3)(d) for “him” substitute “the Department of Justice”.

I13472

In section 57167 (annual and other reports by the Policing Board)—

a

in subsection (3)(b) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (4) for “Secretary of State” (in each place) substitute “Department of Justice”;

c

in subsection (5)(b) for “Secretary of State” substitute “Department of Justice”; and

d

in subsection (6)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

for “him” substitute “the Department of Justice”.

I13573

In section 58 (annual report by Chief Constable to Policing Board)—

a

in subsection (3) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (4)—

i

for “Secretary of State” substitute “Department of Justice”;

ii

for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

iii

for “him” substitute “the Department of Justice”; and

c

after subsection (4) insert—

5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954168 applies for the purposes of subsection (4) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.

I13674

1

Amend section 59169 (general duty of Chief Constable to report to Policing Board) as follows.

2

In subsection (3) for “any of the grounds mentioned in section 76A(1)” substitute “the ground mentioned in section 76A(1)(a)”.

3

After subsection (3) insert—

3A
The Chief Constable may refer to the Minister of Justice a requirement to submit a report under subsection (1) if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

4

For subsection (4) substitute—

4
Where a requirement to submit a report is referred to the Secretary of State under subsection (3) or to the Minister of Justice under subsection (3A), the Secretary of State or (as the case may be) the Minister of Justice may—
a
within the period of 30 days from the date of the referral, or
b
within such longer period as may be agreed between the Board and (as the case may be) the Secretary of State or the Minister of Justice,
modify or set aside the requirement, as necessary, for either or both of the purposes mentioned in subsection (4A).

5

In subsection (4A)(a) for “information which, in the opinion of the Secretary of State, ought not to be disclosed on any of the grounds mentioned in section 76A(1)” substitute—

, as the case may be—
i
information which, in the opinion of the Secretary of State, ought not to be disclosed on the ground mentioned in section 76A(1)(a); or
ii
information which, in the opinion of the Minister of Justice, ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c);

6

In subsection (4B)(b) after “subsection (3)” insert “or to the Minister of Justice under subsection (3A)”.

7

For subsections (4H) and (4I) substitute—

4H
Subsection (4I) applies if—
a
the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a), or
b
the Chief Constable includes information in a report to the Board and is of the opinion that the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
4I
The Chief Constable must—
a
inform the Secretary of State that the information has been included in a report to the Board or supplied to the committee; and
b
inform the Secretary of State and the recipient of the information that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
4J
Subsection (4K) applies if—
a
the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is—
i
information the disclosure of which would be likely to put an individual in danger, or
ii
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c), or
b
the Chief Constable includes information in a report to the Board and is of the opinion that the information is—
i
information the disclosure of which would be likely to put an individual in danger, or
ii
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
4K
The Chief Constable must—
a
inform the Minister of Justice that the information has been included in a report to the Board or supplied to the committee; and
b
inform the Minister of Justice and the recipient of the information that, in his opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (a) or (b) of subsection (4J).

I13775

1

Amend section 60170 (inquiry by Policing Board following report by Chief Constable) as follows.

2

In subsection (2)—

a

in paragraph (a) for “Secretary of State” substitute “Minister of Justice”;

b

in paragraph (b) for “Secretary of State” substitute “Minister of Justice”.

3

After subsection (2) insert—

2A
Where it appears to the Board that an inquiry under this section may relate wholly or in part to—
a
a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision, or
b
an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998),
the Board shall immediately inform the Secretary of State of the decision to cause the inquiry to be held and of any matter into which inquiry is to be made, and shall send a copy of the relevant report under section 59 to the Secretary of State.

4

In subsections (3) and (5) for “any of the grounds mentioned in section 76A(2)” substitute “the ground mentioned in section 76A(2)(a)”.

5

After subsection (5) insert—

5A
The Chief Constable may refer to the Minister of Justice the decision of the Board to cause an inquiry to be held under this section if it appears to the Chief Constable that such an inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c).
5B
The Minister of Justice may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Minister of Justice, overrule the decision of the Board.
5C
The Minister of Justice may overrule the Board only if, in the opinion of the Minister of Justice, the inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c).

6

In subsection (7) for “Secretary of State” substitute “Minister of Justice”.

7

In subsection (8)(a) after “General” insert “for Northern Ireland”.

8

In subsection (9) for “Secretary of State” substitute “Minister of Justice”.

9

For subsections (10A) and (10B) substitute—

10A
Subsection (10B) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
10B
The Chief Constable must—
a
inform the Secretary of State and the Board that the information has been supplied to the person conducting the inquiry; and
b
inform the Secretary of State, the Board and the person conducting the inquiry that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
10C
Subsection (10D) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is—
a
information the disclosure of which would be likely to put an individual in danger, or
b
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
10D
The Chief Constable must—
a
inform the Minister of Justice and the Board that the information has been supplied to the person conducting the inquiry; and
b
inform the Minister of Justice, the Board and the person conducting the inquiry that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (10C).

10

In subsection (16) for paragraph (c) and the “and” before it substitute—

c
the Minister of Justice; and
d
the Secretary of State, but only if the decision to cause the inquiry to be held was notified to the Secretary of State under subsection (2A) or if subsection (10A) applied in relation to the inquiry.

I13876

1

Amend section 61 (reports by Chief Constable to Secretary of State) as follows.

2

In subsections (1), (2) and (3) for “Secretary of State” (wherever occurring) substitute “appropriate authority”.

3

After subsection (1) insert—

1A
In this section “the appropriate authority” means, in relation to any matter—
a
the Secretary of State, if the matter relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a function conferred or imposed on the Secretary of State by or under a statutory provision;
b
otherwise, the Minister of Justice;
and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998171.

4

After subsection (3) insert—

4
If it appears to the Chief Constable that a report that the Chief Constable is required to submit under subsection (1) to the Minister of Justice may contain information which, in the opinion of the Chief Constable, ought not to be disclosed on the ground mentioned in section 76A(1)(a), the Chief Constable may refer the report to the Secretary of State.
5
If it appears to the Secretary of State that—
a
the Chief Constable is required to submit a report under subsection (1) to the Minister of Justice, and
b
the report may contain (or once completed may contain) information which ought not to be disclosed on the ground mentioned in section 76A(1)(a),
the Secretary of State may require the Chief Constable to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once completed).
6
The Secretary of State must, within—
a
the period of 30 days from the date on which a report is referred to the Secretary of State under subsection (4) or (5), or
b
such longer period as may be agreed between the Secretary of State and the Minister of Justice,
notify the Chief Constable whether, in the opinion of the Secretary of State, the report contains any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
7
Where the Chief Constable has referred a report to the Secretary of State under subsection (4) or the Secretary of State has required that a report be referred to the Secretary of State under subsection (5), the Chief Constable must not disclose the report to anyone apart from the Secretary of State, except—
a
in accordance with subsection (8), or
b
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
8
Where the Secretary of State notifies the Chief Constable under subsection (6) that, in the opinion of the Secretary of State, a report contains information which ought not to be disclosed on the ground mentioned in section 76A(1)(a)—
a
the Secretary of State may direct the Chief Constable to exclude from the report any information which, in the opinion of the Secretary of State, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a);
b
the Chief Constable must exclude that information from the report;
c
the Secretary of State must inform the Minister of Justice that the Secretary of State has given a direction under paragraph (a); and
d
the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).
9
When the Chief Constable submits a report to the Minister of Justice from which information has been excluded under subsection (8), the Chief Constable must at the same time provide the report to the Secretary of State.
10
In determining for the purposes of subsection (2)(b) when the period of one month, or the agreed longer period, expires in a case where a report has been referred to the Secretary of State under subsection (4) or (5), the period beginning with the day on which the report is referred to the Secretary of State and ending with the day on which the Secretary of State’s notification is given under subsection (6) is to be disregarded.
11
Subsection (12) applies if—
a
a requirement to submit a report has been made under subsection (1) by the Minister of Justice;
b
the Chief Constable has not referred the report to the Secretary of State under subsection (4) and has not been required to refer the report to the Secretary of State under subsection (5); and
c
the Chief Constable includes in the report submitted to the Minister of Justice information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
12
The Chief Constable must—
a
inform the Secretary of State that the information has been included in the report to the Minister of Justice;
b
inform the Secretary of State and the Minister of Justice that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

5

In the heading to section 61 after “Secretary of State” insert “and Minister of Justice”.

I13977

1

Amend section 66172 (access by Ombudsman to information and documents) as follows.

2

For subsections (2) to (4) substitute—

2
Subsection (3) applies if—
a
the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and
b
the person supplying the information is of the opinion that it is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
3
The person supplying the information must—
a
inform the Secretary of State that the information has been supplied to the Ombudsman; and
b
inform the Secretary of State and the Ombudsman that, in his or its opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
4
Subsection (5) applies if—
a
the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and
b
the person supplying the information is of the opinion that it is—
i
information the disclosure of which would be likely to put an individual in danger, or
ii
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
5
The person supplying the information must—
a
inform the Minister of Justice that the information has been supplied to the Ombudsman; and
b
inform the Minister of Justice and the Ombudsman that, in his or its opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (b) of subsection (4).

I14078

1

Amend section 69 (general duty of Secretary of State) as follows.

2

In subsection (1) for “The Secretary of State shall exercise his functions under the Police Acts” substitute “A Minister with functions under the Police Acts shall exercise those functions”.

3

In subsection (2) for “Secretary of State” substitute “Minister”.

4

After subsection (2) insert—

3
In this section “Minister” means—
a
the Secretary of State,
b
the Minister of Justice,
c
the Department of Justice,
d
the First Minister and deputy First Minister, or
e
the Office of the First Minister and deputy First Minister.

5

In the heading for section 69 for “Secretary of State” substitute “Ministers”.

I14179

In section 70 (RUC George Cross Foundation)—

a

in subsection (1) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (2)(f) for “Secretary of State” substitute “Department of Justice”; and

c

in subsection (3) for “Secretary of State” substitute “Department of Justice”.

I14280

In section 71(1) (traffic wardens) for “Secretary of State” substitute “Department of Justice”.

I14381

In section 73 (places of detention: lay visitors)—

a

in subsection (3)(c) for “Secretary of State” substitute “Department of Justice”; and

b

for subsection (10) substitute—

10
For the purposes of this section—
a
the Secretary of State may by order specify as a designated place of detention a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000173; and
b
the Department of Justice may by order specify as a designated place of detention any other place which is designated under any enactment as a place in which persons may be detained.

I14482

1

Amend section 74A174 (restriction on disclosure of information) as follows.

2

For subsection (2)(c) substitute—

c
in relation to the information, the Chief Constable informs the person as required by section 60(10B)(b) or (10D)(b).

3

For subsection (3)(b) substitute—

b
in relation to the information, the Chief Constable informs the Board as required by section 33A(4)(b) or (6)(b).

4

For subsection (4)(b) substitute—

b
in relation to the information, the Chief Constable informs the Board or the committee as required by section 59(4I)(b) or (4K)(b).

5

In subsection (6) after paragraph (g) insert—

h
to the Minister of Justice or the Department of Justice.

6

In subsection (7) after paragraph (g) insert—

h
to the Minister of Justice or the Department of Justice.

7

After subsection (7) insert—

7A
In subsections (7B) to (7D) “protected information” means information in relation to which the Chief Constable has given an opinion under section 33A(4)(b), 59(4I)(b) or 60(10B)(b).
7B
Subsection (6)(h) does not authorise the disclosure of any protected information.
7C
In the case of protected information supplied to a special purposes committee, subsection (7)(h) does not authorise the disclosure of the information.
7D
In the case of protected information supplied to the Board, a person disclosing the information by virtue of subsection (7)(h) must inform the Minister of Justice or the Department of Justice that the information is protected information.

8

Section 74A continues to apply in relation to any information in relation to which it applies immediately before the coming into force of this Order.

9

Such information is “protected information” for the purposes of section 74A(7B) to (7D) (as inserted by sub-paragraph (7) above) if, before the coming into force of this Order, the Chief Constable informed (as the case may be)—

a

the person conducting the inquiry under section 60, or

b

the Board or a special purposes committee,

that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of the Police (Northern Ireland) Act 2000175.

I14583

In section 76176 (orders and regulations)—

a

in subsection (1) after “Secretary of State” insert “, the Minister of Justice or the Department of Justice”;

b

in subsection (2)—

i

for “Orders” substitute “An order”, and

ii

in paragraph (b) for “Secretary of State” substitute “person making the order or regulations”;

c

in subsection (3) for “and (2)” substitute “, (2) and (6)”;

d

in subsection (4) omit “or 54”;

e

after subsection (4) insert—

4A
No regulations may be made under section 54 unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
4B
Section 41(3) of the Interpretation Act (Northern Ireland) 1954177 applies for the purposes of subsection (4A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

f

in subsection (5) after “made” (where it occurs first) insert “by the Secretary of State”; and

g

after subsection (5) insert—

6
An order or regulations made by the Minister of Justice or the Department of Justice under this Act (other than regulations under section 54) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

I14684

In section 76A(1)178 (disclosure of information and holding of inquiries) after “59” insert “, 60, 61”.

I14785

In section 77(1)179 (interpretation), at the appropriate place, insert—

“the Minister of Justice” means the Minister in charge of the Department of Justice;”.

I14886

1

Amend Schedule 1180 (the Northern Ireland Policing Board) as follows.

2

In paragraphs 6(1)(b), 7(3), (4) and (13), 8(1), (2), (3) and (8), 9(1) and (2) and 12 for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

3

In paragraph 13(1) for “Secretary of State” substitute “Department of Justice”.

4

In paragraph 14—

a

in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (4) for “Secretary of State” (in each place) substitute “Department of Justice”.

5

In paragraph 15—

a

in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (2) for “Secretary of State may” substitute “Department of Justice may, with the approval of the Department of Finance and Personnel,”.

6

In paragraph 16—

a

in sub-paragraph (2) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (3)—

i

for “Secretary of State and the Comptroller and Auditor General” substitute “Department of Justice and the Comptroller and Auditor General for Northern Ireland”;

ii

for “Secretary of State” (where it occurs for the second time) substitute “Department of Justice”;

c

in sub-paragraph (4)—

i

for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

ii

for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d

after sub-paragraph (4) insert—

5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

7

Sub-paragraph (6) above does not apply in relation to a financial year ending before the coming into force of this Order.

8

In paragraph 22(2) for “Secretary of State” substitute “Department of Justice”.

9

In paragraph 23—

a

in sub-paragraph (a)(iii) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (c) for the words from “any” to “Secretary of State” substitute “any reference to the Ministry were a reference to the Department of Justice”.

10

In paragraph 24(1A)(b) after “Secretary of State” insert “or the Minister of Justice”.

I14987

In paragraph 3(3) of Schedule 2 (transfer of assets and liabilities to the Policing Board) for “Secretary of State” substitute “Department of Justice”.

I15088

1

Amend Schedule 3181 (district policing partnerships) as follows.

2

In paragraph 6—

a

in sub-paragraph (2) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (3) for “Secretary of State” substitute “Department of Justice”;

c

in sub-paragraph (4)—

i

for “Secretary of State” substitute “Department of Justice”;

ii

for “him” substitute “the Department of Justice”.

3

In paragraph 14(c) for the words from “any” to “Secretary of State” substitute “any reference to the Ministry were a reference to the Department of Justice”.

4

In paragraph 16—

a

in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (2)(a) and (b) for “Secretary of State” substitute “Department of Justice”;

c

in sub-paragraph (3) for “Secretary of State” substitute “Department of Justice”.

I15189

1

Amend Schedule 3A182 (Belfast sub-groups) as follows.

2

In paragraph 6—

a

in sub-paragraph (2) for “Secretary of State” substitute “Department of Justice”;

b

in sub-paragraph (3) for “Secretary of State” substitute “Department of Justice”;

c

in sub-paragraph (4)—

i

for “Secretary of State” substitute “Department of Justice”;

ii

for “him” substitute “the Department of Justice”.

3

In paragraph 16(c) for the words from “any” to “Secretary of State” substitute “any reference to the Ministry were a reference to the Department of Justice”.

Royal Ulster Constabulary (Complaints etc.) Regulations 2000

I15290

1

Amend the Royal Ulster Constabulary (Complaints etc.) Regulations 2000183 as follows.

2

In regulation 20(ii) (supply of report on the investigation of matters not the subject of a complaint) for “Secretary of State” substitute “Department of Justice”.

3

In regulation 21(2)(b) (copies of complaints) for “Secretary of State” substitute “Department of Justice”.

4

In regulation 26 (expenses of complainants and witnesses) for “Department” substitute “Department of Justice”.

5

After regulation 30 insert—

Regulation relating to excepted and reserved matters etc
31
1
At the end of an investigation of a matter investigated under section 55 of the Act of 1998184, the Ombudsman shall send a copy of the report on the investigation to the Secretary of State if the report relates wholly or in part to an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998185), a reserved matter (within the meaning given by that section) or a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.
2
In a case where, for the purposes of regulation 21(2)(b) above, the Ombudsman is of the opinion that compliance with the request would be contrary to the public interest on the ground of national security (or on grounds including national security), in regulation 21(2)(b) above the reference to the Department of Justice is to be read as a reference to the Secretary of State.

I15391

1

Regulations 1 to 30 of the Royal Ulster Constabulary (Complaints etc.) Regulations 2000 (as amended by paragraph 90(2) to (4) above) continue in effect as if made by the Department of Justice under section 64 of the Police (Northern Ireland) Act 1998186.

2

Regulation 31 of those Regulations (as inserted by paragraph 90(5) above) has effect as if made by the Secretary of State under section 64A of the 1998 Act (as inserted by paragraph 35 above).

3

Any other regulations in effect under section 64 of the 1998 Act immediately before the coming into force of this Order continue in effect as if made by the Department of Justice and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.

Royal Ulster Constabulary GC Regulations 2002

I15492

1

Amend the Royal Ulster Constabulary GC Regulations 2002187 as follows.

2

In regulations 11 and 11A, wherever occurring—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”.

3

In regulation 11A(b) for “Parliament” substitute “the Assembly”.

4

Sub-paragraphs (2) and (3) above do not apply in relation to a financial year ending before the coming into force of this Order.

Police (Northern Ireland) Act 2003

I15593

1

Amend the Police (Northern Ireland) Act 2003188 as follows.

2

In section 34189 (complaints and misconduct)—

a

in subsection (1) for “Secretary of State” substitute “Department of Justice”; and

b

in subsection (4)—

i

for “Secretary of State” substitute “Department of Justice”, and

ii

in paragraph (e) for “him” substitute “the Department of Justice”.

3

After section 34 insert—

34ASecretary of State’s power to make regulations
1
The Secretary of State may make regulations containing provision of any kind within section 34(1) to (3) for purposes connected with—
a
excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998);
b
matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision (within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954190).
2
Before making regulations under this section the Secretary of State must consult the Department of Justice, the persons mentioned in section 34(4)(a) to (d) and any other person or body appearing to the Secretary of State to have an interest in the matter.
3
Regulations made by the Department of Justice under section 34 have effect subject to regulations made by the Secretary of State under this section.

4

In section 37(1)191 (code of ethics) for “Secretary of State” substitute “Department of Justice”.

5

In section 44 (orders and regulations)—

a

in subsection (1) after “Secretary of State” insert “or the Department of Justice”;

b

in subsection (5) after “made” insert “by the Secretary of State”;

c

after subsection (5) insert—

6
An order or regulations made by the Department of Justice under this Act shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954192).

Civil Contingencies Act 2004

I15694

Amend the Civil Contingencies Act 2004193 as follows.

I15795

1

Amend section 1 (meaning of “emergency”) as follows.

2

After subsection (4) insert—

4A
In relation to Northern Ireland, the power to make orders—
a
under subsection (4)(a) in relation to subsection (1)(a) or (b), and
b
under subsection (4)(b),
is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

I15896

1

Amend section 2 (duty to assess, plan and advise) as follows.

2

After subsection (6) insert—

7
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (3) to make regulations in relation to the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
8
Subsection (5) has effect in relation to the power of the Department of Justice under subsection (3) as if—
a
paragraphs (e), (h) and (i) were omitted;
b
in paragraph (p) for the words from “a Minister of the Crown” to “department” there were substituted “a Northern Ireland department”.
9
In relation to emergencies that do not fall within section 1(1)(c), a Minister of the Crown has no power by virtue of subsection (5)(h) or (i) to make provision permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 1 of Schedule 1.

I15997

1

Amend section 3 (section 2: supplemental) as follows.

2

After subsection (5) insert—

6
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to issue guidance to the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

I16098

1

Amend section 5 (general measures) as follows.

2

After subsection (5) insert—

6
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to perform a function is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
7
Subsection (4) has effect in relation to the power of the Department of Justice under subsection (1) as if—
a
paragraphs (d) and (e) were omitted;
b
in paragraph (f) for the words from “a Minister of the Crown” to “department” there were substituted “a Northern Ireland department”.
8
In relation to emergencies that do not fall within section 1(1)(c), a Minister of the Crown has no power by virtue of subsection (4)(d) or (e) to make provision permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 1 of Schedule 1.

I16199

1

Amend section 6 (disclosure of information) as follows.

2

After subsection (6) insert—

7
In relation to emergencies that do not fall within section 1(1)(c), the following powers are exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown)—
a
the power under subsection (1) to make regulations requiring or permitting the Chief Constable (PSNI) to disclose information to another person or body listed in any Part of Schedule 1;
b
the power under subsection (4) to issue guidance to the Chief Constable (PSNI).

I162100

1

Amend section 7 (urgency) as follows.

2

After subsection (4) insert—

4A
In relation to provision of a kind that could be made by the Department of Justice in Northern Ireland by an order under section 5(1) or by regulations under section 6(1), in subsection (2) the reference to the Minister is to be read as a reference to the Department of Justice and subsection (4) is to be read accordingly.

3

At the end of subsection (5) insert “made by the Minister or the Department of Justice (as the case may be)”.

I163101

1

Amend section 9 (monitoring by Government) as follows.

2

After subsection (4) insert—

5
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to provide information or an explanation is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
6
If it appears to the Chief Constable (PSNI) that a requirement imposed by virtue of subsection (5) may require the Chief Constable (PSNI) to provide national security information, the Chief Constable (PSNI) may refer the requirement to a Minister of the Crown.
7
The Minister may set aside or otherwise modify the requirement as the Minister considers appropriate so that the Chief Constable (PSNI) is not required to provide any information which appears to the Minister to be national security information.
8
“National security information” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.

I164102

1

Amend section 10 (enforcement) as follows.

2

In subsection (1) for “or 15(7)” substitute “, 15(7) or 15A(8)”.

3

After subsection (2) insert—

3
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1)(a) to bring proceedings in respect of a failure by the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

I165103

After section 12 insert—

12ANorthern Ireland: provision or disclosure of national security information
1
A Minister of the Crown may, for the purposes mentioned in subsection (2), make regulations addressing the provision or disclosure of national security information.
2
Regulations under this section are to apply for the purposes of any regulations or order made by the Department of Justice in Northern Ireland under this Part; and any regulations or order made by the Department has effect subject to regulations under this section.
3
“National security information” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.
4
Regulations under this section may (in particular)—
a
provide that national security information is not to be provided or disclosed, or is to be provided or disclosed only in specified circumstances or in a specified way, despite any provision of regulations or an order made by the Department of Justice;
b
provide that a certificate signed by a Minister of the Crown certifying that the disclosure of information to the public would, or would be likely to, adversely affect national security is conclusive evidence of that fact;
c
provide that such a certificate may identify the information to which it applies by means of a general description and may be expressed to apply to information within that description that comes into existence after the certificate is made;
d
confer other functions on a Minister of the Crown or any other specified person or body (and a function conferred may, in particular, be a power or duty to exercise a discretion).

I166104

1

Amend section 13 (amendment of lists of responders) as follows.

2

After subsection (3) insert—

4
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to make provision in relation to the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

I167105

After section 14 insert—

14ANorthern Ireland: consultation
1
A Minister of the Crown must consult the Department of Justice in Northern Ireland before making regulations or an order under this Part in relation to the Chief Constable (PSNI).
2
The Department of Justice must consult a Minister of the Crown before making regulations or an order under this Part.

I168106

1

Amend section 15 (cross-border collaboration) as follows.

2

In subsection (5) for “a Minister of the Crown makes an order” substitute “an order is made”.

I169107

After section 15 insert—

15ANorthern Ireland: cross-border collaboration
1
In relation to emergencies that do not fall within section 1(1)(c)—
a
the power under section 15(3) or (6) to make regulations or an order permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 2 of Schedule 1 is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown);
b
the power under section 15(4) to issue guidance is exercisable by the Department of Justice (and not by a Minister of the Crown) in relation to regulations made by the Department.
2
Where the Chief Constable (PSNI) has a duty under section 2, a Minister of the Crown may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—
a
permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to co-operate, to such extent and in such manner as may be specified, with the Chief Constable (PSNI) in connection with the performance of the duty;
b
permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to the Chief Constable (PSNI) in connection with the performance of the duty.
3
A Minister of the Crown may issue guidance about a matter addressed in regulations under subsection (2).
4
If the Department of Justice in Northern Ireland makes an order under section 5(1) imposing a duty on the Chief Constable (PSNI), a Minister of the Crown may make an order—
a
permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to co-operate, to such extent and in such manner as may be specified, with the Chief Constable (PSNI) in connection with the duty;
b
permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to the Chief Constable (PSNI) in connection with the duty.
5
Where a person or body listed in Part 1 of Schedule 1 (other than the Chief Constable (PSNI)) has a duty under section 2 or 4, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—
a
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty;
b
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty.
6
The Department of Justice in Northern Ireland may issue guidance about a matter addressed in regulations under subsection (5).
7
If a Minister of the Crown makes an order under section 5(1) imposing a duty on a person or body listed in Part 1 of Schedule 1, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make an order—
a
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of Schedule 1 in connection with the duty;
b
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of Schedule 1 in connection with the duty.
8
A person or body must comply with regulations or an order under this section and must have regard to guidance under this section.
9
In this Act, except where the contrary intention appears, a reference to an order under section 5(1) includes a reference to an order under subsection (4) or (7) above.

I170108

1

Amend section 17 (regulations and orders) as follows.

2

In subsection (1) after “made” insert “by a Minister of the Crown or the Scottish Ministers”.

3

After subsection (1) insert—

1A
Any power of the Department of Justice in Northern Ireland under this Part to make regulations or an order is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979194.

4

After subsection (3) insert—

3A
An order under section 1(4), 5(1) or 13(1) may not be made by the Department of Justice in Northern Ireland unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
3B
Section 41(3) of the Interpretation Act (Northern Ireland) 1954195 applies for the purposes of subsection (3A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

5

After subsection (5) insert—

5A
Regulations made by the Department of Justice in Northern Ireland under this Part are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

I171109

In section 18(1) (interpretation), at the appropriate place, insert—

Chief Constable (PSNI)” means the Chief Constable of the Police Service of Northern Ireland,

I172110

1

Subject to what follows, the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005196 continue in effect ignoring paragraphs 94 to 109 above.

2

The regulations that may be made by a Minister of the Crown in the exercise of a relevant power after the coming into force of this Order include regulations revoking, modifying or otherwise affecting any provision of the 2005 Regulations (so long as the regulations revoking, modifying or otherwise affecting any such provision are within the scope of the Minister’s power as modified or conferred by virtue of paragraphs 94 to 109 above).

3

The regulations that may be made by the Department of Justice in the exercise of a relevant power after the coming into force of this Order include—

a

regulations revoking, modifying or otherwise affecting any provision of the 2005 Regulations (so long as the regulations revoking, modifying or otherwise affecting any such provision are within the scope of the Department’s power as conferred by virtue of paragraphs 94 to 109 above);

b

regulations revoking any provision of the 2005 Regulations so far as the provision cannot be revoked by virtue of sub-paragraph (2) above or paragraph (a) of this sub-paragraph (and so long as the regulations revoking any such provision could have been made by a Minister of the Crown in the exercise of the relevant power immediately before the coming into force of this Order).

4

In this paragraph “a relevant power” means a power conferred by any of the following provisions of the Civil Contingencies Act 2004197—

a

section 2(3) and (5);

b

section 4(2), (4) and (5);

c

section 6(1);

d

section 12;

e

section 12A;

f

section 15(3);

g

section 15A(2);

h

section 15A(5);

i

section 17(6).

5

In section 12A(2) of the 2004 Act (as inserted by paragraph 103 above) references to regulations made by the Department of Justice include regulations made by virtue of sub-paragraph (3) above.

Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008

I173111

1

Amend the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008198 as follows.

2

In regulation 4(4) (modification of section 65 of the 1998 Act) for “Secretary of State” substitute “Department of Justice”.

3

In regulation 8(5)(c) (complaints: making and receipt) for “Secretary of State” substitute “Department of Justice”.

4

In regulation 14(1)(c) (modification of section 55 of the 1998 Act) in the text inserted as section 55(8) after “the Board” insert “, the Department of Justice”.

5

In regulation 19(3)(b) (Ombudsman’s report on investigation under section 55 of the 1998 Act) for “Secretary of State” substitute “Department of Justice”.

6

In regulation 23 (expenses of complainants and witnesses) for “Secretary of State” substitute “Department of Justice”.

7

After Part 7 insert—

PART 8
A
In section 65 of the 1998 Act as it applies by virtue of regulation 4(1) above, the power of the Secretary of State to issue guidance includes power to issue guidance concerning the discharge of functions under Parts 1 to 7 above and this Part (and section 65(7) of the 1998 Act applies accordingly).
B
In a case where, for the purposes of regulation 8(5)(c) above, the Ombudsman is of the opinion that compliance with the request would be contrary to the public interest on the ground of national security (or on grounds including national security), in regulation 8(5)(c) above the reference to the Department of Justice is to be read as a reference to the Secretary of State.
C
At the end of an investigation of a matter investigated under section 55 of the 1998 Act concerning the relevant conduct of a designated person, the Ombudsman shall send a copy of the report on the investigation to the Secretary of State if the report relates wholly or in part to an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998199), a reserved matter (within the meaning given by that section) or a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

I174112

1

Parts 1 to 7 of the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (as amended by paragraph 111(2) to (6) above) continue in effect as if made by the Department of Justice under section 34 of the Police (Northern Ireland) Act 2003200.

2

Part 8 of those Regulations (as inserted by paragraph 111(7) above) has effect as if made by the Secretary of State under section 34A of the 2003 Act (as inserted by paragraph 93(3) above).

3

Any other regulations in effect under section 34 of the 2003 Act immediately before the coming into force of this Order continue in effect as if made by the Department of Justice and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.

SCHEDULE 4Amendments relating to prisons

Article 6(1)

Prison Act (Northern Ireland) 1953

I1751

Amend the Prison Act (Northern Ireland) 1953201 as follows.

I1762

1

In section 1(1) (functions in relation to prisons and prisoners) for “Ministry of Home Affairs (in this Act referred to as “the Ministry”)” substitute “Department of Justice (in this Act referred to as “the Department”)”.

2

In section 1(2) for “Ministry” (where it occurs first) substitute “Department” and for “Ministry” (where it occurs second) substitute “Ministry of Home Affairs”.

3

In sections 2, 3, 9, 12, 13, 15, 16, 24 and 38, for “Ministry” or “Minister” (in each place where those words referred to the Ministry of Home Affairs or the Minister of Home Affairs before functions were transferred to the Secretary of State) substitute “Department”.

4

In sections 2(3), (4), (5) and (6) and 9(6) for “Ministry of Finance” substitute “Department of Finance and Personnel”.

5

In sections 10, 19A, 19B, 34, 34A, 34C and 41 for “Secretary of State” (wherever occurring) substitute “Department”.

6

In sections 24(1) and 41(1) for “he” substitute “the Department”.

I1773

1

After section 1 insert—

1APowers of the Secretary of State
1
For purposes connected with any matter mentioned in subsection (2), the Secretary of State may continue to exercise the functions (except functions under prison rules) which the Secretary of State had by virtue of this Act immediately before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (notwithstanding the transfer of those functions to the Department by virtue of that Order).
2
The matters are—
a
activities regulated by, or otherwise relating to the subject matter of, Parts 1 to 3 of the Regulation of Investigatory Powers Act 2000202, including (in particular) in relation to information obtained through any such activities—
i
the taking of decisions on the basis of the information;
ii
the controlling of access to the information;
iii
the holding and use of the information (so far as not covered by sub-paragraphs (i) and (ii));
b
where at any time the accommodation of prisoners in separated conditions on the grounds of security, safety or good order is provided for, decisions about whether a prisoner is to be so accommodated or is to cease to be so accommodated, including (in particular) the setting of any criteria upon which such decisions are to be based;
c
national security, including (in particular)—
i
the taking of decisions on the basis of protected information;
ii
the controlling of access to protected information;
iii
the holding and use of protected information (so far as not covered by sub-paragraphs (i) and (ii)).
“Protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.
3
In particular, the Secretary of State may continue to make prison rules.
4
The Department must exercise its functions subject to any thing done by the Secretary of State under subsection (1) and, in particular, prison rules made by the Department have effect subject to prison rules made by the Secretary of State.
5
Before making prison rules the Secretary of State or the Department (as the case may be) must consult the other.
6
Prison rules may, in particular, confer or impose functions on the Secretary of State.
7
The Secretary of State may from time to time, for purposes connected with any matter mentioned in subsection (2) and after consultation with the Department, give a direction setting out arrangements under which officers of the Department (including persons appointed under section 2(2)) who have duties in relation to prisons or prisoners are (so far as provided by, and in accordance with, the arrangements) to be treated as officers of the Secretary of State (rather than of the Department) and subject to his direction and control accordingly; and the officers covered by the direction are to act accordingly.
8
The arrangements may (in particular) provide for officers to exercise functions of the Secretary of State.

2

The Secretary of State need not consult the Department of Justice before giving his first direction under section 1A(7) (as inserted by sub-paragraph (1) above).

3

But the first direction ceases to have effect at the end of the period of six months beginning with the day on which it is given (unless, before then, it is revoked by a further direction).

I1784

In section 5 (annual report)—

a

for subsection (1) substitute—

1
The Department shall prepare an annual report on the administration of this Act and shall lay the report before the Assembly.

b

in subsection (2)(c) for “Minister give the best information to Parliament” substitute “Department give the best information to the Assembly”.

I1795

For section 34(8) (parliamentary procedure for orders amending section 34) substitute—

8
An order made by the Department under subsection (7) is subject to negative resolution.
9
Section 1A(1) does not apply to the power to make orders under subsection (7).

I1806

For section 42 substitute—

42Laying of prison rules
1
Prison rules made by the Department are subject to negative resolution.
2
Prison rules made by the Secretary of State are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946203 applies accordingly.

I1817

In section 47(1) (interpretation), at the appropriate place, insert—

“Department” means the Department of Justice;

Prison and Young Offenders Centre Rules (Northern Ireland) 1995

I1828

Amend the Prison and Young Offenders Centre Rules (Northern Ireland) 1995204 as follows.

I1839

Subject to what follows, in Parts 1 to 16 for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

I18410

1

Amend rule 4 as follows.

2

In the definition of “the Ombudsman’s staff” for “Northern Ireland Office” substitute “Department of Justice”.

3

In the definition of “separated prisoner” for “who has applied” to the end substitute “whom the Secretary of State has decided is to be accommodated in separated conditions on the grounds of security, safety or good order and who is so accommodated”.

I18511

1

Amend rule 7 as follows.

2

After paragraph (2) insert—

3
In paragraph (1) the reference to these rules does not include rules 50A, 73A, 79MA and 109ZA.

I18612

In rules 32(2L) and 48(3L) and (11) for “he” substitute “it”.

I18713

In rules 48B(2) and 48C(2) omit “by the Secretary of State”.

I18814

After rule 50 insert—

National security
50A
In a case where evidence is not inspected by the independent monitoring board by virtue of rule 32(2H)(a) or 48(3H)(a), in rule 32(2J) to (2L) or 48(3J) to (3L) (as the case may be) references to the Department of Justice are to be read as references to the Secretary of State.

I18915

In rule 59(6) for “him” substitute “the Department of Justice”.

I19016

In rule 67(2) for “he” substitute “the Department of Justice”.

I19117

In rule 71(2) for “Secretary of State’s” substitute “Department of Justice’s”.

I19218

After rule 73 insert—

National security
73A
1
The Secretary of State may if he considers it necessary in the interests of national security—
a
exercise any power of the Department of Justice under rule 67(1), (2) or (5) to (9), 68(8) or 68A(1) or (2) above;
b
by direction provide for anything done by the Department of Justice in the exercise of any of those powers to cease to have effect to the extent set out in the direction.
2
In relation to—
a
any intercepted material which is intercepted under a direction of the Secretary of State or which is otherwise information held by the governor as an officer of the Secretary of State in accordance with arrangements made under section 1A(7) of the Act, or
b
any information retained pursuant to rule 68B above in relation to any intercepted material within sub-paragraph (a),
rule 68C above has effect as if for the words “an officer of a prison or of the Department of Justice” there were substituted “an officer of the Secretary of State (including a person treated as such an officer under arrangements made under section 1A(7) of the Act)”.

I19319

1

Amend rule 79L as follows.

2

In paragraphs (2) and (6) for “he” substitute “the Department of Justice”.

3

In paragraph (3) for “his” substitute “the Department’s”.

I19420

After rule 79M insert—

National security etc
79MA
1
In carrying out any function under these Rules or otherwise, the Ombudsman (including members of the Ombudsman’s staff) must have regard to any guidance given by the Secretary of State for purposes connected with national security (including, in particular, any matter within section 1A(2)(c)(i) to (iii) of the Act).
2
In relation to any matter mentioned in section 1A(2) of the Act, in rule 79M references to the Department of Justice are to be read as including references to the Secretary of State.

I19521

In rule 92(2) and (3) for “he” substitute “the Department of Justice”.

I19622

At the beginning of Part 13A insert—

Entry into separated accommodation etc
109ZA
1
This rule applies where at any time the accommodation of prisoners in separated conditions on the grounds of security, safety or good order is provided for.
2
It is for the Secretary of State—
a
to decide whether a prisoner is to be accommodated in separated conditions on the grounds of security, safety or good order or is to cease to be so accommodated, and
b
to set the criteria upon which any such decision is to be based.

I19723

In rule 122(3) for “he” (where it first occurs) substitute “the Department of Justice”.

I19824

In rule 124(3) for “him” substitute “the Department of Justice”.

I19925

1

Subject to sub-paragraph (2), the Prison and Young Offenders Centre Rules (Northern Ireland) 1995205 (as amended by paragraphs 8 to 24 above) continue in effect as if made by the Department of Justice under section 13 of the Prison Act (Northern Ireland) 1953206.

2

Rules 7(3), 50A, 73A, 79MA and 109ZA have effect as if made by the Secretary of State under that section by virtue of section 1A of the 1953 Act (as inserted by paragraph 3(1) above).

Regulation of Investigatory Powers Act 2000

I20026

At the end of Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000207 (relevant authorities for the purposes of sections 28 and 29) insert—

23E
The Department of Justice.

I20127

1

Sub-paragraph (2) applies in relation to any order under section 25 of the 2000 Act—

a

which is in effect immediately before the coming into force of this Order, and

b

which contains provision specifying the Northern Ireland Office as a relevant public authority for the purposes of subsection (1) of that section.

2

The provision mentioned in sub-paragraph (1)(b) has effect as if it were made in relation to the Department of Justice as well as the Northern Ireland Office.

I20228

1

Sub-paragraphs (2) and (3) apply in relation to any order under section 25 of the 2000 Act—

a

which is in effect immediately before the coming into force of this Order, and

b

which, in relation to the Northern Ireland Office, contains provision prescribing for the purposes of subsection (2) of that section any office, rank or position in the Northern Ireland Prison Service.

2

The provision mentioned in sub-paragraph (1)(b) has effect as if it were made in relation to the Department of Justice as well as the Northern Ireland Office.

3

But the provision has effect in relation to the Northern Ireland Office only for cases where the individual holding a prescribed office, rank or position is acting as an officer of the Secretary of State under arrangements made under section 1A(7) of the Prison Act (Northern Ireland) 1953 (as inserted by paragraph 3(1) above).

I20329

1

Sub-paragraphs (2) and (3) apply in relation to any order under section 30 of the 2000 Act—

a

which is in effect immediately before the coming into force of this Order, and

b

which, in relation to the Northern Ireland Office, contains provision prescribing for the purposes of subsection (1) of that section any office, rank or position in the Northern Ireland Prison Service.

2

The provision mentioned in sub-paragraph (1)(b) has effect as if it were made in relation to the Department of Justice as well as the Northern Ireland Office.

3 SCHEDULE 5Release of prisoners on licence

Article 6(2)

Life Sentences (Northern Ireland) Order 2001

I2041

Amend the Life Sentences (Northern Ireland) Order 2001208 as follows.

I2052

In Article 2 (interpretation)—

a

in paragraph (2), in sub-paragraph (b) of the definition of “life sentence”, for “Secretary of State” substitute “Minister in charge of the Department of Justice”;

b

after paragraph (2) insert—

3
In this Order “protected information” means evidence or information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.

I2063

In Article 5 (determination of tariffs)—

a

in paragraphs (4) and (5) for “Secretary of State” substitute “Department of Justice”; and

b

in paragraph (6)—

i

for “Secretary of State” substitute “Department of Justice”;

ii

for “by him” substitute “by the Department of Justice”; and

iii

for “for him” substitute “for the Department of Justice”.

I2074

In Article 6 (duty to release certain life prisoners) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

I2085

In Article 7 (power to release life prisoners on compassionate grounds)—

a

in paragraph (1)—

i

for “Secretary of State” substitute “Department of Justice”;

ii

for “he” substitute “the Department of Justice”;

b

in paragraph (2) for “Secretary of State” substitute “Department of Justice”;

c

after paragraph (2) insert—

3
The Secretary of State may notify the Department of Justice that a life prisoner is not to be released under this Article without the Secretary of State’s agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State’s agreement.
4
But the Secretary of State may—
a
give a notification, or
b
refuse his agreement to a release,
only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

I2096

In Article 8 (duration and conditions of licences)—

a

in paragraphs (2) and (3) for “Secretary of State” substitute “Department of Justice”;

b

for paragraph (4) substitute—

4
Rules made under paragraph (2) shall be subject to negative resolution.

c

after paragraph (4) insert—

5
The Secretary of State may exercise any power of the Department of Justice to include, insert, vary or cancel conditions in a licence but only if his decision to exercise the power is arrived at (wholly or partly) on the basis of protected information; and, in relation to the exercise of such a power by the Secretary of State, in paragraph (3) the reference to the Department of Justice is to be read as a reference to the Secretary of State.
6
The Department of Justice must exercise its powers subject to anything done by the Secretary of State by virtue of paragraph (5).

I2107

In Article 9 (recall of life prisoners while on licence)—

a

in paragraph (1) before “Secretary of State” insert “Department of Justice or the”;

b

in paragraph (2)—

i

before “Secretary of State” insert “Department of Justice or the”;

ii

after “appears to” insert “it or”;

c

in paragraphs (3) and (4) before “Secretary of State” insert “Department of Justice or (as the case may be) the”;

d

in paragraph (5) for “Secretary of State” substitute “Department of Justice”;

e

after paragraph (6) insert—

7
The Secretary of State may revoke the licence of a life prisoner and recall him to prison under this Article only if his decision to revoke the licence and make the recall is arrived at (wholly or partly) on the basis of protected information.

I2118

In Article 10 (life prisoners transferred to Northern Ireland)—

a

in paragraph (1)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

for “his opinion” substitute “its opinion”;

b

in paragraph (2)—

i

for “the Secretary of State certifies his opinion” substitute “the Department of Justice certifies its opinion”; and

ii

for “the Secretary of State would have directed” substitute “a direction would have been given”; and

c

in paragraph (4)(b)(ii) and (iii) omit “by the Secretary of State”.

I2129

In Article 11 (existing life prisoners)—

a

in paragraph (1)—

i

for “Secretary of State” substitute “Department of Justice”; and

ii

for “his opinion” substitute “its opinion”; and

b

in paragraph (2)—

i

for “the Secretary of State certifies his opinion” substitute “the Department of Justice certifies its opinion”; and

ii

for “the Secretary of State would have directed” substitute “a direction would have been given”.

Criminal Justice (Northern Ireland) Order 2008

I21310

Amend the Criminal Justice (Northern Ireland) Order 2008209 as follows.

I21411

In Article 16 (interpretation of Chapter 4 of Part 2) after paragraph (3) insert—

4
In this Chapter “protected information” means evidence or information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.

I21512

In the italic cross-headings before Articles 17 and 19 omit “of Secretary of State”.

I21613

In Article 17(1) (duty to release certain fixed-term prisoners) for “Secretary of State” substitute “Department of Justice”.

I21714

In Article 18 (duty to release prisoners serving indeterminate or extended custodial sentences) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

I21815

In Article 19(1) and (4) (power to release prisoners on licence before required to do so) for “Secretary of State” substitute “Department of Justice”.

I21916

1

Amend Article 20 (power to release certain prisoners on compassionate grounds) as follows.

2

In paragraphs (1) and (3) for “Secretary of State” substitute “Department of Justice”.

3

After paragraph (4) insert—

5
The Secretary of State may notify the Department of Justice that a prisoner is not to be released under this Article without the Secretary of State’s agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State’s agreement.
6
But the Secretary of State may—
a
give a notification, or
b
refuse his agreement to a release,
only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

I22017

In Article 22(4) and (6) (duration of licences: prisoners serving indeterminate custodial sentences) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

I22118

In Article 23(1) and (2) (power of court to recommend licence conditions for sentences of 12 months or more) for “Secretary of State” substitute “Department of Justice”.

I22219

In Article 24 (licence conditions)—

a

for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b

in paragraph (6) after “been consulted” insert “by the Department of Justice”.

I22320

In Article 25(2)(b) and (3) (licence conditions on re-release of prisoners serving sentence of less than 12 months) for “Secretary of State” substitute “Department of Justice”.

I22421

In Article 26(7) (curfew condition to be included in licence under Article 19) for “Secretary of State” substitute “Department of Justice”.

I22522

After Article 27 insert—

Licence conditions: national security27A
1
The Secretary of State may exercise any power of the Department of Justice to include, insert, vary or cancel conditions in a licence but only if his decision to exercise the power is arrived at (wholly or partly) on the basis of protected information; and, in relation to the exercise of any such power by the Secretary of State, in this Chapter references to the Department of Justice are to be read as references to the Secretary of State.
2
The Department of Justice must exercise its powers subject to anything done by the Secretary of State by virtue of paragraph (1).

I22623

In Article 28 (recall of prisoners while on licence)—

a

in paragraph (2) for “The Secretary of State” substitute “The Department of Justice or the Secretary of State”;

b

in paragraphs (2)(b) and (4) before “Secretary of State” insert “Department of Justice or (as the case may be) the”;

c

in paragraph (5) for “Secretary of State” substitute “Department of Justice”;

d

after paragraph (7) insert—

8
The Secretary of State may revoke P’s licence and recall P to prison under paragraph (2) only if his decision to revoke P’s licence and recall P to prison is arrived at (wholly or partly) on the basis of protected information.

I22724

In Article 29 (further release after recall for certain fixed-term prisoners)—

a

in paragraph (5)—

i

for “Secretary of State”, where it occurs first, substitute “Department of Justice”;

ii

before “Secretary of State”, where it occurs second, insert “Department of Justice or the”;

b

after paragraph (5) insert—

5A
The Secretary of State may refer P’s case to the Parole Commissioners under paragraph (5) only if his decision to refer P’s case is arrived at (wholly or partly) on the basis of protected information.

c

in paragraph (8) for “Secretary of State” substitute “Department of Justice”.

I22825

In Article 30(1) and (3) (recall of prisoners released early under Article 19) for “Secretary of State” (in each place) substitute “Department of Justice”.

I22926

In Article 31 (conviction while licence remains in force) for “Secretary of State” substitute “Department of Justice”.

I23027

In Article 32 (concurrent terms) for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

I23128

In Article 33(2) (consecutive terms) for “Secretary of State” substitute “Department of Justice”.

I23229

1

Amend Article 46 (Parole Commissioners) as follows.

2

In paragraph (3) before “Secretary of State” insert “Department of Justice or (as appropriate) the”.

3

After paragraph (4) insert—

5
Arrangements under section 1A(7) of the Prison Act (Northern Ireland) 1953210 may include arrangements for purposes connected with any of the Secretary of State’s functions by virtue of—
a
the Life Sentences (Northern Ireland) Order 2001211,
b
Chapter 4 of this Part, or
c
this Chapter (including rules made under paragraph 4 or 4A of Schedule 4);
and, accordingly, in section 1A(8) of the 1953 Act the reference to functions of the Secretary of State includes functions of the Secretary of State by virtue of any of the provisions mentioned in sub-paragraphs (a) to (c) above.

I23330

For Article 100 substitute—

Regulations, orders and rules100
1
Regulations, orders and rules made by the Department of Justice under this Order shall be subject to negative resolution.
2
Paragraph (1) does not apply to an order under Article 1 or 22(4).
3
An order under Article 22(4) is not a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979212.
4
Rules made by the Secretary of State under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946213 shall apply accordingly.
5
Regulations, orders or rules made by the Department of Justice or the Secretary of State under this Order may contain—
a
any incidental, supplementary or consequential provision, and
b
any transitory, transitional or saving provisions,
which the Department of Justice or the Secretary of State (as the case may be) considers necessary or expedient.

I23431

1

Amend Schedule 4 (the Parole Commissioners) as follows.

2

In paragraphs 1 to 4 for “Secretary of State” (in each place) substitute “Department of Justice”.

3

After paragraph 4 insert—

4A
1
The Secretary of State may make rules with respect to the proceedings of the Commissioners for purposes connected with the holding, disclosure or use of protected information (as defined in Article 16(4)).
2
In particular, rules under this paragraph may include—
a
provision for the purpose of ensuring that the Secretary of State is informed of cases where protected information may be relevant;
b
provision for dealing with cases pending a decision of the Secretary of State as to whether protected information is relevant;
c
provision for dealing with cases where protected information is relevant, including (in particular) provision modifying any rules made by the Department of Justice so as to require the Commissioners (or any of them), so far as required by the Secretary of State for purposes connected with any protected information—
i
to conduct such cases, and otherwise carry out their functions, under the rules as if the Secretary of State were a party to the proceedings instead of, or in addition to, the Department of Justice, and
ii
to permit the Secretary of State to carry out functions of the Department of Justice under the rules accordingly;
d
any provision mentioned in paragraph 4(2)(a) to (g).
3
For the purposes of sub-paragraph (2)(d) above—
a
in paragraph 4(2) references to the Department of Justice are to be read as including references to the Secretary of State;
b
paragraph 4(3) and (4) applies in relation to any provision made by virtue of paragraph 4(2)(g).
4
Rules made by the Department of Justice under paragraph 4 have effect subject to rules made by the Secretary of State under this paragraph.

4

In paragraphs 5 and 6 for “Secretary of State” (in each place) substitute “Department of Justice” and for “Secretary of State’s” substitute “Department of Justice’s”.

5

In paragraph 7—

a

in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”; and

b

for sub-paragraph (2) substitute—

2
The Department of Justice shall lay a copy of the report before the Assembly.

Parole Commissioners’ Rules (Northern Ireland) 2009

I23532

Amend the Parole Commissioners’ Rules (Northern Ireland) 2009214 as follows.

I23633

Subject to what follows, in Parts 1 to 6 for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

I23734

In rules 2(1), 3(4), 6(1) and 12(1) omit “by the Secretary of State”.

I23835

In rule 9(1) for “Secretary of State’s” substitute “Department of Justice’s”.

I23936

In rule 25—

a

for “the Secretary of State refers a life prisoner’s case” substitute “a life prisoner’s case is referred”;

b

after “extended custodial prisoner’s case” insert “is referred”.

I24037

After rule 32(2) insert—

3
If proceedings on a case as is referred to in rule 31(1) are not completed under the 2001 Rules before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010, the functions of the Secretary of State under the 2001 Rules in relation to the proceedings are transferred to the Department of Justice; and—
a
in the 2001 Rules references to the Secretary of State are to be read accordingly;
b
anything done in connection with the proceedings by or in relation to the Secretary of State is treated as having been done by or in relation to the Department of Justice so far as necessary or appropriate for continuing its effect after the transfer of functions.

I24138

After Part 7 insert—

PART 8
A
1
The functions under rule 9(1) above by virtue of rule 9(1)(e) are exercisable by the Secretary of State (and not the Department of Justice).
2
Where in any case the Secretary of State certifies by virtue of rule 9(1)(e) any information, document or evidence as confidential information, Parts 1 to 6 above apply for that case subject to paragraphs (3) to (5) below.
3
Rule 9(3) above applies in relation to the Secretary of State’s certification as if references to the Department of Justice were references to the Secretary of State.
4
So far as required by the Secretary of State for purposes connected with the confidential information certified by the Secretary of State, the Commissioners (or any of them) must—
a
conduct the case and otherwise carry out their functions as if the Secretary of State were a party (instead of, or in addition to, the Department of Justice);
b
permit the Secretary of State to carry out functions of the Department of Justice accordingly.
5
Rule 28(1) above has effect as if after sub-paragraph (b) there were inserted—
ba
in the case of a document directed to the Secretary of State, to any offices of the Northern Ireland Office;
6
The cases covered by paragraph (2) above include cases where the certification was made before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.
B
1
This rule applies to any case to which rule 32(3) above applies.
2
The functions under rule 15(1) of the 2001 Rules by virtue of rule 15(1)(e) are to continue to be exercisable by the Secretary of State and, accordingly, rule 32(3) does not transfer—
a
any function under rule 15(1) by virtue of rule 15(1)(e), or
b
any function under rule 15(3) of the 2001 Rules in relation to a certification by virtue of rule 15(1)(e).
3
Paragraphs (4) and (5) below apply if—
a
before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 a certification was made by virtue of rule 15(1)(e) of the 2001 Rules, or
b
after the coming into force of that Order a certification is made by virtue of rule 15(1)(e) of the 2001 Rules.
4
So far as required by the Secretary of State for purposes connected with the information, document or evidence certified, the Commissioners (or any of them) must—
a
conduct the case and otherwise carry out their functions as if the Secretary of State were a party (instead of, or in addition to, the Department of Justice);
b
permit the Secretary of State to carry out functions of the Department of Justice accordingly.
5
Rule 21(1) of the 2001 Rules has effect as if after sub-paragraph (b) there were inserted—
ba
in the case of a document directed to the Secretary of State, to any offices of the Northern Ireland Office;

I24239

1

Amend Schedule 2 as follows.

2

In paragraph 9 of Part A—

a

omit “Secretary of State’s”;

b

for “the Secretary of State considered it” substitute “it was considered”.

3

In paragraph 1 of Part B omit “Secretary of State’s”.

I24340

1

Parts 1 to 7 of the Parole Commissioners’ Rules (Northern Ireland) 2009215 (as amended by paragraphs 33 to 37 and 39 above) continue in effect as if made by the Department of Justice under paragraph 4 of Schedule 4 to the Criminal Justice (Northern Ireland) Order 2008216.

2

Part 8 of those Rules (as inserted by paragraph 38 above) has effect as if made by the Secretary of State under paragraph 4A of Schedule 4 to the 2008 Order (as inserted by paragraph 31(3) above).

3

Sub-paragraphs (4) and (5) below apply to a case as is referred to in rule 31(1) of those Rules.

4

If under the Life Sentence Review Commissioners’ Rules 2001217 a prisoner and any representative appointed by him are excluded from proceedings, the Advocate General for Northern Ireland may appoint a person to represent the prisoner’s interests in those proceedings; and, accordingly—

a

rule 2(2) of the 2001 Rules has effect as if for the definition of “special advocate” there were substituted—

“special advocate” means a person appointed under paragraph 40(4) of Schedule 5 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

b

rule 16(1) of the 2001 Rules has effect as if for “Attorney General” (in each place) there were substituted “Advocate General for Northern Ireland”.

5

A person appointed under sub-paragraph (4) above is not responsible to the prisoner whose interests he represents.

SCHEDULE 6Mercy and miscarriages of justice

Article 6(3)

Criminal Justice Act 1988

I2441

Amend the Criminal Justice Act 1988218 as follows.

I2452

1

In section 133219 (compensation for miscarriages of justice) after subsection (6) insert—

6A
Subject to what follows, in the application of this section in relation to a person (“P”) convicted in Northern Ireland of a criminal offence, in subsections (1) to (4) any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.
6B
If P is pardoned, subsection (6A) applies only if the pardon is a devolved pardon.
6C
Subsections (6D) to (6H) apply if—
a
P’s conviction is reversed or P is given a devolved pardon,
b
an application for compensation is made in relation to P’s conviction,
c
the application is made before the end of the period mentioned in subsection (2) or, if it is made after the end of that period, the Department of Justice gives a direction under subsection (2A), and
d
the Department of Justice has reason to believe that protected information may be relevant to the application (for example, because the court which quashed P’s conviction did not make public (in whole or in part) its reasons for quashing P’s conviction).
6D
The Department of Justice must refer the application to the Secretary of State who must then take a view as to whether or not any protected information is relevant to the application.
6E
If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly.
6F
If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—
a
the protected information, or
b
a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.
6G
If the Secretary of State refers the application back to the Department of Justice under subsection (6F), the Secretary of State must provide the Department with either—
a
the protected information, or
b
a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.
6H
If the Secretary of State is not required to refer the application back to the Department of Justice—
a
subsections (3) and (4) apply to the application ignoring subsection (6A), and
b
any compensation payable on the application is payable by the Secretary of State.
6I
In this section “protected information” means information the disclosure of which may be against the interests of national security.
6J
In this section “devolved pardon” means—
a
a pardon given after the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 in the exercise of powers under section 23(2) of the Northern Ireland Act 1998220;
b
a pardon given before the coming into force of that Order which, had it been given after the coming into force of that Order, would have had to have been given in the exercise of powers under section 23(2) of the 1998 Act (ignoring article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010).
6K
The pardons covered by subsection (6J)(a) include pardons given in reliance on article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

2

Section 133(6A) to (6K) (as inserted by sub-paragraph (1) above) does not apply in relation to an application for compensation made before the coming into force of this Order (“an existing application”).

3

Sub-paragraphs (4) to (7) below apply to an existing application if—

a

the application relates to a person convicted in Northern Ireland of a criminal offence,

b

if the person was pardoned, the pardon is a devolved pardon (as defined in section 133(6J)), and

c

after the coming into force of this Order further steps are required to be taken under section 133 or 133A in relation to the application.

4

Before any further steps are taken the Secretary of State must take a view as to whether or not any protected information (as defined in section 133(6I)) is relevant to the application.

5

If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application to the Department of Justice.

6

If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application to the Department of Justice unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—

a

the protected information, or

b

a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

7

If the Secretary of State refers the application to the Department of Justice under sub-paragraph (5) or (6)—

a

the Secretary of State’s functions in relation to the application are transferred to the Department of Justice;

b

anything done in connection with the application by or in relation to the Secretary of State is treated as having been done by or in relation to the Department of Justice so far as necessary or appropriate for continuing its effect after the transfer of functions;

c

if the application is referred under sub-paragraph (6), the Secretary of State must provide the Department of Justice with either—

i

the protected information, or

ii

a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

I2463

In section 133A221 (miscarriages of justice: amount of compensation) after subsection (8) insert—

9
In relation to compensation payable by the Department of Justice in Northern Ireland, the power in subsection (7) is exercisable by the Department (and not by the Secretary of State).
10
The power of the Department of Justice to make an order under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979222 (and not by statutory instrument).
11
No order may be made by the Department of Justice under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (8) does not apply).
12
Section 41(3) of the Interpretation Act (Northern Ireland) 1954223 applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

I2474

1

Amend Schedule 12224 (assessors of compensation for miscarriages of justice) as follows.

2

In paragraph 6(4) omit the words from “Lord Chancellor” to “concurrence of the”.

3

After paragraph 7 insert—

8
In relation to an assessor appointed by the Department of Justice in Northern Ireland, in this Schedule—
a
references to the Secretary of State are to be read as references to the Department of Justice;
b
references to the Treasury are to be read as references to the Department of Finance and Personnel in Northern Ireland.

Criminal Appeal Act 1995

I2485

Amend the Criminal Appeal Act 1995225 as follows.

I2496

1

Amend section 16226 (assistance in connection with prerogative of mercy) as follows.

2

After subsection (2) insert—

2A
Where the Minister in charge of the Department of Justice in Northern Ireland refers to the Commission any matter which arises in the consideration of whether Her Majesty’s prerogative of mercy should be exercised on Her behalf under section 23(2) of the Northern Ireland Act 1998227 in relation to a conviction and on which the Minister desires the Commission’s assistance, the Commission shall—
a
consider the matter referred, and
b
give to the Minister a statement of their conclusions on it;
and for the purposes of the consideration of whether Her Majesty’s prerogative of mercy should be so exercised, the Commission’s statement shall be treated as conclusive of the matter referred.
2B
Where in any case the Commission are of the opinion that Her Majesty’s prerogative of mercy should be so exercised, they shall give the Minister reasons for their opinion.

3

Sub-paragraph (4) below applies if—

a

before the coming into force of this Order the Secretary of State referred a matter to the Commission under section 16(1),

b

immediately before the coming into force of this Order there are still steps to be taken in relation to the matter by the Commission or the Secretary of State, and

c

the matter, had it been referred to the Commission after the coming into force of this Order, would have had to have been referred under section 16(2A) (as inserted by sub-paragraph (2) above).

4

The matter is to be treated as having been referred under section 16(2A) and, accordingly—

a

if the Commission have already given their statement of conclusions to the Secretary of State, the Secretary of State must give the statement to the Minister in charge of the Department of Justice, or

b

if the Commission have not already done so, they must give their statement to the Minister (and not to the Secretary of State),

and the Minister must, in accordance with section 16(2A), consider whether Her Majesty’s prerogative of mercy should be exercised on Her behalf under section 23(2) of the Northern Ireland Act 1998.

I2507

In section 24(1)(b) (exceptions from obligations of non-disclosure) after “Secretary of State” insert “or the Department of Justice in Northern Ireland”.

I2518

1

Amend Schedule 1 (the Commission) as follows.

2

In paragraph 6(3) for the “and” after paragraph (c) substitute—

ca
giving to the Minister in charge of the Department of Justice in Northern Ireland a statement under section 16(2A)(b), and

3

In paragraph 8—

a

in sub-paragraph (1) after “Secretary of State” insert “and the Department of Justice in Northern Ireland”;

b

after sub-paragraph (3) insert—

4
The Department of Justice shall lay before the Northern Ireland Assembly a copy of every report sent to the Department of Justice under sub-paragraph (1).
5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954228 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

SCHEDULE 7Criminal Justice and Public Order Act 1994

Article 6(4)

I2521

Amend the Criminal Justice and Public Order Act 1994229 as follows.

I2532

At the beginning of Chapter 3 of Part 8 insert—

117AExercise of functions by the Department of Justice
1
This Chapter, except so far as it relates to the delivery of prisoners to or from premises situated outside the United Kingdom, has effect subject to the following modifications.
2
Any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.
3
Subsections (4) and (5) below apply instead of section 120(6) and paragraph 3(3) of Schedule 7.
4
The power of the Department of Justice to make rules under section 120 or to make regulations under paragraph 3 of Schedule 7 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979230.
5
Rules made by the Department of Justice under section 120, and regulations made by the Department of Justice under paragraph 3 of Schedule 7, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954231).

I2543

In section 127232 (prison service: inducements to withhold services or to indiscipline)—

a

in subsection (2) after “Scottish Ministers” insert “or, in Northern Ireland, to the Department of Justice”;

b

in subsection (3) after “Scottish Ministers” (in the first place where those words appear) insert “or, in Northern Ireland, of the Department of Justice”;

c

in subsection (3) after “Scottish Ministers” (in the second place where those words appear) insert “or, in Northern Ireland, the Department of Justice”; and

d

in subsection (8) after “Scottish Ministers” insert “or, in Northern Ireland, the Department of Justice”.

I2554

1

Amend section 127A233 (power to suspend operation of section 127) as follows.

2

After subsection (1) insert—

1A
In the application of this section to Northern Ireland, in subsection (1) the reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

3

At the end of subsection (3) insert “(subject to subsection (5))”.

4

After subsection (4) insert—

5
The power of the Department of Justice in Northern Ireland to make orders under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
6
No order may be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
7
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

I2565

Omit section 128(5)(aa)234 (definition of prison service in Northern Ireland).

I2576

After section 128 insert—

128APay and related conditions: Northern Ireland
1
The Department of Justice in Northern Ireland may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of—
a
the rates of pay and allowances to be applied to the prison service; and
b
such other terms and conditions of employment in that service as may appear to the Department of Justice to fall to be determined in association with the determination of rates of pay and allowances.
2
Before making any regulations under this section the Department of Justice shall consult with such organisations appearing to it to be representative of persons working in the prison service and with such other persons as it thinks fit.
3
The power to make regulations under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4
Regulations made under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
5
Regulations under this section may—
a
provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;
b
authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;
c
make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit; and
d
make different provision for different cases.
6
For the purposes of this section, the prison service comprises all the individuals who hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 2(2) of the Prison Act (Northern Ireland) 1953235.

I2587

1

Amend section 172 (extent) as follows.

2

After subsection (13) insert—

13A
Subject to subsection (14), Chapter 3 of Part 8 extends to Northern Ireland only.

3

In subsection (14)—

a

after “Sections” insert “117A,”;

b

before “extend” insert “also”;

c

for the words from “but” to the end substitute “except that section 117A does not extend to any part of those islands outside the United Kingdom”.

SCHEDULE 8Transfer of prisoners

Article 6(5)

Repatriation of Prisoners Act 1984

I2591

Amend the Repatriation of Prisoners Act 1984236 as follows.

I2602

In section 1(9) (issue of warrant for transfer: meaning of “relevant Minister”)—

a

omit “and” at the end of paragraph (a); and

b

after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland in a case where the person who is the subject of the proposed transfer is for the time being required to be detained in a prison, a hospital or any other institution either—
i
in Northern Ireland; or
ii
in the country or territory referred to in subsection (1)(b) above if it is proposed to transfer him from that country or territory to Northern Ireland; and

I2613

In section 2(3A) (transfer out of the UK: meaning of “relevant Minister”)—

a

omit “and” at the end of paragraph (a); and

b

after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland where the order referred to in subsection (2) above relates to a person who has been removed from Northern Ireland by virtue of a warrant issued under section 1 above; and

I2624

1

Amend section 4 (temporary return) as follows.

2

In subsection (5) (meaning of “relevant Minister”)—

a

omit “and” at the end of paragraph (a); and

b

after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland in a case where the prisoner is a person who is either—
i
detained in Northern Ireland and the transfers are for the purpose of a temporary return of the prisoner to a country or territory outside the British Islands from which he has previously been transferred into Northern Ireland under this Act or any other enactment; or
ii
detained in a country or territory outside the British Islands to which he has previously been transferred from Northern Ireland under this Act; and

3

After subsection (6) insert—

7
Any reference in subsection (5)(aa) to the prisoner having previously been transferred into or from Northern Ireland includes a reference to responsibility for his detention and release having previously been transferred to or from the Department of Justice in Northern Ireland (as the case may be).

I2635

In section 4A (issue of warrant transferring responsibility for detention and release of offender)—

a

in subsection (5) for “that Minister” (in both places) substitute “the relevant Minister”; and

b

in subsection (10) after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland in a case where the person who is the subject of the proposed transfer of responsibility is—
i
a person to whom subsection (2) applies who is for the time being required to be detained at a place in Northern Ireland; or
ii
a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Northern Ireland;

I2646

In section 4B(4) (transfer of responsibility from the UK: meaning of “relevant Minister”) after paragraph (a) omit the “and” and insert—

aa
the Department of Justice in Northern Ireland, where Northern Ireland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; and

I2657

In section 4D(1) (issue of certificate to be sent to the appropriate judge with a view to obtaining the issue of a warrant under section 4D(3)) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

I2668

In section 4E—

a

in subsection (1) (issue of certificate to be sent to the appropriate judge with a view to obtaining the issue of a warrant under section 4E(3)) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”; and

b

in subsection (6) (application to the appropriate judge) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

I2679

In section 4F(2) (designation of a person for the purposes of sections 4D and 4E) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

I26810

1

Amend section 5 (operation of warrant and retaking prisoners) as follows.

2

In subsection (8) (meaning of “relevant Minister”)—

a

omit “and” at the end of paragraph (a); and

b

after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland where the warrant provides for the transfer of a prisoner to or from Northern Ireland; and

3

In subsection (10) (modifications for warrants under section 4A) omit the “and” after paragraph (c) and after paragraph (d) insert—

; and
e
in subsection (8)(aa) for “transfer of a prisoner to or from Northern Ireland” there were substituted “transfer of responsibility for the detention and release of the relevant person to the Department of Justice

I26911

In section 6(5) (revocation etc. of warrants: meaning of “relevant Minister”) after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland in a case where—
i
the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Northern Ireland; or
ii
the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to the Department of Justice;

I27012

In section 7(3A) (expenses: meaning of “relevant Minister”)—

a

omit “and” at the end of paragraph (a); and

b

after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland where the transfer is to Northern Ireland; and

I27113

In section 8(4) (certificates: meaning of “relevant Minister”)—

a

omit “and” at the end of paragraph (a); and

b

after paragraph (a) insert—

aa
the Department of Justice in Northern Ireland where the proceedings relate to a transfer which it has the responsibility under this Act to make or consider making; and

I27214

After section 8 insert—

8ANorthern Ireland: national security
1
The Secretary of State may, by virtue of this subsection, make an agreement under section 1(1)(b) or 4A(5)(b) if—
a
the agreement is one that could be made by the Department of Justice in Northern Ireland by virtue of section 1(9)(aa) or 4A(10)(aa), and
b
the Secretary of State’s decision to make the agreement is arrived at (wholly or partly) on the basis of protected information.
2
Subject to subsection (3), if the Secretary of State makes an agreement by virtue of subsection (1) in any case, in this Act references to the relevant Minister are to be read, for that case, as references to the Secretary of State (and the definitions of “relevant Minister” are to be read accordingly).
3
In the case of an agreement under section 4A(5)(b), subsection (2) does not apply to—
a
the references in sections 4A(1) and 4B(1);
b
the last two references in section 4A(5);
c
the second reference in section 4A(6);
d
the first reference in section 4C(1);
e
the reference in paragraph 9 of the Schedule.
4
The Secretary of State may notify the Department of Justice that no agreement is to be made under section 1(1)(b) or 4A(5)(b) in relation to a particular person without the Secretary of State’s agreement; and the Department may not make such an agreement in relation to that person without the Secretary of State’s agreement.
5
But the Secretary of State may give a notification or refuse his agreement only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.
6
In this section “protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.

Crime (Sentences) Act 1997

I27315

Amend Schedule 1 to the Crime (Sentences) Act 1997237 (transfer of prisoners within the British Islands) as follows.

I27416

1

Amend paragraph 1 (transfer of prisoners: general) as follows.

2

In sub-paragraph (2A)—

a

after “appears to” insert “the Department of Justice in Northern Ireland or”; and

b

for “the Secretary of State may” substitute “the Department of Justice in Northern Ireland or (as the case may be) the Secretary of State may”.

3

After sub-paragraph (2A) insert—

2B
But the Secretary of State may make an order under sub-paragraph (2A) only if—
a
the Secretary of State is of the view that the transfer is in the interests of national security, or
b
the Secretary of State’s view that the person should be transferred is arrived at (wholly or partly) on the basis of protected information.
“Protected information” means information the disclosure of which may, in the view of the Secretary of State, be against the interests of national security.

4

After sub-paragraph (4) insert—

5
This paragraph has effect subject to the following modifications—
a
in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
b
in determining the meaning of “appropriate institution” in relation to a person transferred to Northern Ireland from another part of the United Kingdom, any reference in sub-paragraph (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

I27517

In paragraph 2 (transfer of prisoners for trial), after sub-paragraph (4) insert—

5
This paragraph has effect subject to the following modifications—
a
in relation to the transfer to another part of the United Kingdom of a person remanded in custody in Northern Ireland or serving a sentence of imprisonment in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
b
in relation to a person who has been transferred from Northern Ireland to another part of the United Kingdom, any reference in sub-paragraph (3) or (4) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

I27618

In paragraph 3 (transfer of prisoners for other judicial purposes), after sub-paragraph (3) insert—

4
This paragraph has effect subject to the following modifications—
a
in relation to the attendance at a place in Northern Ireland or any other part of the United Kingdom of a person who is remanded in custody in, serving a sentence of imprisonment in, or otherwise detained in a prison in, Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
b
in relation to a person who is directed by the Department of Justice in Northern Ireland to be taken to any place under this paragraph, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

I27719

In paragraph 4 (transfer of supervision of released prisoners), after sub-paragraph (2) insert—

3
In relation to the transfer to another part of the United Kingdom of the supervision of a person undergoing or about to undergo supervision in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

I27820

In paragraph 5 (conditions of transfers), after sub-paragraph (3) insert—

4
In relation to a transfer under this Part which is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (1) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

I27921

1

Amend paragraph 5A (conditions of transfer under paragraph 1(2A)) as follows.

2

In sub-paragraph (1)(b) for “as the Secretary of State may think fit to impose” substitute

—
i
as the Department of Justice in Northern Ireland may think fit to impose, in the case of an order made by the Department, or
ii
as the Secretary of State may think fit to impose, in the case of an order made by the Secretary of State

3

At the end of sub-paragraph (3) insert “by the person who imposed it”.

I28022

1

Amend paragraph 7 (restricted transfers: general) as follows.

2

After sub-paragraph (1) insert—

1A
An order for the transfer of a person or a person’s supervision back to the country from which he or it was transferred shall be made by the Department of Justice in Northern Ireland if the transfer of the person or, as the case may be, the transfer of his supervision was the subject of an order or direction made by the Department of Justice.

3

After sub-paragraph (2) insert—

2A
Where a transfer under paragraph 1 or 2 is the subject of an order made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (2) to the Secretary of State must be read as a reference to the Department of Justice.

I28123

In paragraph 12 (restricted transfers from Northern Ireland to England and Wales) after sub-paragraph (3) insert—

3A
Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.

I28224

In paragraph 13 (restricted transfers from Northern Ireland to Scotland), after sub-paragraph (3) insert—

3A
Where a transfer under paragraph 1, 2 or 3 is the subject of an order or direction made by the Department of Justice in Northern Ireland, any reference in sub-paragraph (3) to the Secretary of State must be read as a reference to the Department of Justice.

I28325

In paragraph 15 (unrestricted transfers: general) after sub-paragraph (4) insert—

4A
This paragraph has effect subject to the following modifications—
a
in relation to a person transferred to Northern Ireland, any reference in sub-paragraph (3) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
b
in relation to a person whose supervision has been transferred to Northern Ireland, sub-paragraph (4)(b) above applies as if—
i
after “Secretary of State” where it first occurs there were inserted “or the Department of Justice in Northern Ireland”, and
ii
after “Secretary of State” where it occurs second there were inserted “or the Department of Justice (as the case may be)”.

I28426

In paragraph 17 (prisoners unlawfully at large) after sub-paragraph (6) insert—

7
In relation to a person who, having been sentenced to imprisonment, is unlawfully at large during any period during which he is liable to be detained in a prison in England and Wales or Scotland and is sentenced to imprisonment by a court in Northern Ireland, any reference in sub-paragraph (5) above to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

SCHEDULE 9Corporate Manslaughter and Corporate Homicide Act 2007

Article 7

I2851

Amend the Corporate Manslaughter and Corporate Homicide Act 2007238 as follows.

I2862

1

Amend section 15 (procedure, evidence and sentencing) as follows.

2

In subsection (2), in the definition of “prescribed”, for “prescribed by an order made by the Secretary of State” substitute

—
a
in relation to proceedings under this Act in England and Wales, prescribed by an order made by the Secretary of State;
b
in relation to proceedings under this Act in Northern Ireland, prescribed by an order made by the Department of Justice in Northern Ireland;

3

In subsection (3) after “section to proceedings” insert “(except in the definition of “prescribed” in subsection (2))”.

4

In subsection (4) after “order” insert “of the Secretary of State”.

I2873

After section 23 insert—

23APowers of Department of Justice in Northern Ireland
1
The power to make an order under any of the following provisions is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998239).
2
The provisions are—
a
section 16(4);
b
section 16(6);
c
section 21;
d
section 22;
e
section 23.
3
None of the following applies in relation to a power of the Department of Justice to make an order by virtue of this section—
a
section 16(7);
b
section 21(3);
c
section 22(2);
d
section 23(3).

I2884

1

Amend section 24 (orders) as follows.

2

After subsection (4) insert—

5
A power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979240.
6
An order made by the Department of Justice under section 15 or 16 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954241).
7
No order shall be made by the Department of Justice under section 21 or 23 or (subject to subsection (8)) section 22, unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
8
If the only amendments to Schedule 1 made by an order of the Department of Justice under section 22 are amendments within subsection (3) of that section—
a
subsection (7) of this section does not apply to the making of the order, and
b
the order is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
9
No order shall be made by the Department of Justice under section 27 bringing into force paragraph (d) of section 2(1) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
10
Section 41(3) of the Interpretation Act (Northern Ireland) 1954242 applies for the purposes of subsections (7) and (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

I2895

1

Amend section 27 (commencement and savings) as follows.

2

In subsection (1) after “State” insert “(subject to subsection (1A))”.

3

After subsection (1) insert—

1A
The power in subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) for the purposes of the law of Northern Ireland.

4

In subsection (2) after “order” insert “of the Secretary of State”.

SCHEDULE 10Serious Crime Act 2007

Article 8

I2901

Amend the Serious Crime Act 2007243 as follows.

I2912

1

Amend section 4 (involvement in serious crime: supplementary) as follows.

2

In subsection (4) (power to amend Schedule 1 by order) after “amend” insert “Part 1 of”.

3

After subsection (4) insert—

5
The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.

I2923

For section 7 (serious crime prevention orders: other exceptions) substitute—

7Other exceptions
1
A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.
2
A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.

I2934

1

Amend section 24 (serious crime prevention orders: appeals from Crown Court) as follows.

2

After subsection (9) insert—

9A
The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998244).

I2945

1

Amend section 28 (powers to wind up companies etc. in Northern Ireland following conviction under section 25) as follows.

2

In subsection (11)—

a

in paragraph (b) of the definition of “appropriate Minister”, for “Secretary of State” substitute “Department of Justice in Northern Ireland”; and

b

in paragraph (e) of the definition of “relevant body”, for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

I2956

1

Amend section 29 (powers to wind up: supplementary) as follows.

2

In subsection (1) omit the word “or” and paragraph (b).

3

After subsection (1) insert—

1A
The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989245 by virtue of section 28(2).

4

In subsection (2) after “(1)” insert “or (1A)”.

5

In subsection (3) omit “or 28(2) to (4)”.

6

After subsection (3) insert—

3A
The Department of Justice in Northern Ireland may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as the Department considers appropriate in connection with section 28(2) to (4).

7

In subsection (4) after “(1)” insert “or (1A)”.

I2967

1

Amend section 40 (serious crime prevention orders: costs in relation to authorised monitors) as follows.

2

In subsections (1) and (4) for “Secretary of State” substitute “appropriate authority”.

3

After subsection (8) insert—

9
In this section “the appropriate authority” means—
a
in relation to serious crime prevention orders in England and Wales, the Secretary of State;
b
in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.

I2978

1

Amend section 49 (inchoate offences: supplemental provisions) as follows.

2

After subsection (6) insert—

6A
The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

I2989

1

Amend section 63 (consequential amendments: Part 2) as follows.

2

In subsection (3) (power to amend Part 1 of Schedule 6 by order) after “Schedule 6” insert “as it applies to England and Wales”.

3

After subsection (3) insert—

4
The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.

I29910

1

Amend section 89 (orders) as follows.

2

In subsection (3) after “made” insert “by statutory instrument”.

3

In subsection (6)—

a

after “order” insert “made by statutory instrument”;

b

for “section 7” substitute “section 7(1)”; and

c

omit “or (11)”.

4

After subsection (6) insert—

7
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979246.
8
Any power of the Department of Justice to make an order under this Act—
a
may be exercised so as to make different provision for different cases or descriptions of case or different purposes;
b
includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate.
9
No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
10
Section 41(3) of the Interpretation Act (Northern Ireland) 1954247 applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
11
An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954248).

SCHEDULE 11Amendments relating to firearms

Article 9

Firearms (Northern Ireland) Order 2004

I3001

Amend the Firearms (Northern Ireland) Order 2004249 as follows.

I3012

In Article 2(2) (definitions), at the appropriate place, insert—

“the Minister of Justice” means the Minister in charge of the Department of Justice;”.

I3023

In each of the following provisions for “Secretary of State” (wherever occurring) substitute “Department of Justice”—

a

Article 2(7) (interpretation: ceasing to be a firearm);

b

Article 8(3) (content and duration of firearms certificates);

c

Article 23(1)(b) (variation of European firearms pass);

d

Article 27(4) (conditions for firearms dealer’s certificate);

e

Article 71(1) (power by order to exclude application of minimum sentence under Article 70 to those under 18);

f

Article 75(3) (power to amend sum in Schedule 6);

g

Article 77(2)(b) (persons in the service of the Crown in right of Her Majesty’s government in Northern Ireland);

h

paragraphs 2(1), (3), (4) and (6), 3 and 4 of Schedule 2 (firearms and ammunition in museums).

I3034

1

Amend Article 48 (prohibition of movement of firearms and ammunition) as follows.

2

In paragraphs (1) and (2) for “Secretary of State” substitute “appropriate authority”.

3

After paragraph (4) insert—

5
In this Article “the appropriate authority” means—
a
in relation to prohibited weapons and prohibited ammunition, the Secretary of State;
b
in relation to any other firearms or ammunition, the Department of Justice.

I3045

1

Amend Article 63 (prohibition of possession etc. of firearm by certain persons) as follows.

2

In paragraph (4) for “Secretary of State” substitute “Minister of Justice”.

3

In paragraph (7) omit the words after “remove the prohibition”.

4

After paragraph (7) insert—

7A
Where an application is made to the Secretary of State under paragraph (7) for the removal of a prohibition, the Secretary of State must—
a
remove the prohibition,
b
refuse the application, or
c
refer the application to the Minister of Justice.
7B
But the Secretary of State may act under paragraph (7A)(a) or (b) only if the Secretary of State’s view that the prohibition should be removed or the application should be refused is arrived at (wholly or partly) on the basis of information the disclosure of which may, in the view of the Secretary of State, be against the interests of national security.
7C
Where an application is referred to the Minister of Justice under paragraph (7A)(c), the Minister may remove the prohibition or refuse the application.

I3056

In Article 71(1)(b) (power by order to exclude application of minimum sentence under Article 70 to those under 18) for “he” substitute “the Department of Justice”.

I3067

1

Amend Article 72 (forfeiture and disposal of firearms) as follows.

2

In paragraph (1)(a) for “Secretary of State” substitute “Minister of Justice”.

I3078

1

Amend Article 74 (appeal from decision of Chief Constable) as follows.

2

In paragraph (1) for “Secretary of State” substitute “relevant authority”.

3

In paragraph (2) for “Secretary of State may make such order as he” substitute “relevant authority may make such order as the relevant authority”.

4

After paragraph (4) insert—

5
In this Article “the relevant authority” means—
a
the Secretary of State, in any case where the Chief Constable’s decision was taken wholly or partly on the basis of information the disclosure of which may, in the view of the Secretary of State or of the Chief Constable, be against the interests of national security;
b
the Department of Justice, in any other case.
6
Where the Chief Constable makes a decision within paragraph (3)(a) to (d), he must notify (as the case may be)—
a
the applicant, or
b
the holder of the certificate,
who the relevant authority is for the purposes of any appeal against the decision.
7
An order under Article 72(4) must be accompanied by a written statement by the Chief Constable specifying who the relevant authority is for the purposes of any appeal against the order.

5

Sub-paragraph (6) below applies to an appeal made, but not determined, under Article 74 before the coming into force of this Order.

6

The Secretary of State must determine who the relevant authority (as defined in Article 74(5) (as inserted by sub-paragraph (4) above)) is for the purposes of the appeal and then—

a

if the relevant authority is determined to be the Secretary of State, must proceed to determine the appeal;

b

if not, must refer the appeal to the Department of Justice for determination.

I3089

In Article 75 (fees)—

a

in paragraph (3) for “Treasury” substitute “Department of Finance and Personnel”; and

b

omit paragraph (4).

I30910

1

For Article 80 (regulations and orders) substitute—

Regulations and orders80
1
The Department of Justice may make regulations—
a
as to the manner in which the Chief Constable is to carry out his duties under this Order;
b
generally for carrying this Order into effect.
2
The Secretary of State may, for purposes connected with national security or any function of the Secretary of State under this Order, make regulations—
a
as to the manner in which the Chief Constable is to carry out his duties under this Order;
b
generally for carrying this Order into effect.
3
Regulations under paragraph (2) may (in particular) make provision about the holding or use of information the disclosure of which may be against the interests of national security.
4
Regulations made by the Department of Justice under paragraph (1) have effect subject to regulations made by the Secretary of State under paragraph (2).
5
Regulations and orders made by the Department of Justice under this Order are subject to negative resolution.
6
Regulations and orders made by the Secretary of State under this Order, except orders under Article 1, are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the Statutory Instruments Act 1946250 applies accordingly.

2

Any regulations in effect under Article 80(1) immediately before the coming into force of this Order continue in effect as if made by the Department of Justice under Article 80(1) (as inserted by sub-paragraph (1) above) and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.

I31011

1

Amend Article 81 (saving and transitional provisions) as follows.

2

After paragraph (2) insert—

2A
The Department of Justice may by order under Article 8(3) or paragraph 2(6) of Schedule 2 make such saving and transitional provisions as appear to the Department of Justice to be necessary or expedient.

3

In paragraph (3)—

a

omit “, 8(3)”;

b

after “Schedule 2” insert “(as applied by paragraph 3A(4) of that Schedule)”.

I31112

1

Amend Schedule 2 (firearms and ammunition in museums) as follows.

2

In paragraph 2—

a

in sub-paragraph (2) after “While a licence” insert “granted by the Department of Justice”;

b

omit the word “and” at the end of sub-paragraph (2)(a);

c

omit sub-paragraph (2)(b);

d

in sub-paragraph (3) for “he” substitute “the Department of Justice”;

e

in sub-paragraphs (4) and (5) after “licence” insert “granted by the Department of Justice”.

3

In paragraph 3—

a

in sub-paragraph (1)(a) for “held” substitute “granted by the Department of Justice”;

b

in sub-paragraph (2) for “him” substitute “the Department of Justice”;

c

in sub-paragraph (3) for “held” substitute “granted by the Department of Justice”;

d

in sub-paragraph (3)(a) for “he” substitute “the Department of Justice”;

e

in sub-paragraph (4) after “licence” (where it first occurs) insert “granted by the Department of Justice”;

f

in sub-paragraph (4) for “him” substitute “the Department of Justice”.

4

After paragraph 3 insert—

Secretary of State’s power to grant museum firearms licences
3A
1
The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.
2
While a licence granted by the Secretary of State is in force in respect of a museum the persons responsible for its management and their employees may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for the purposes of the museum any prohibited weapons and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence.
3
The Secretary of State shall not grant a licence in respect of a museum unless the Secretary of State is satisfied that the arrangements for exhibiting and keeping the prohibited weapons and ammunition in question are or will be such as not to endanger public safety or the peace.
4
Paragraphs 2(4) to (6) and 3 apply in relation to licences granted by the Secretary of State; and for this purpose references to the Department of Justice are to be read as references to the Secretary of State.

5

In paragraph 4 after “licence” insert “by the Department of Justice”.

6

In paragraph 5—

a

in sub-paragraph (1) for “the licence” substitute “a licence”;

b

in sub-paragraph (2) after “paragraph 3” insert “(including as applied by paragraph 3A(4))”.

7

A licence in force under Schedule 2 immediately before the coming into force of this Order which does not contain any provision within what was paragraph 2(2)(b) of Schedule 2 (before its repeal by sub-paragraph (2)(c) above) continues in force as if granted by the Department of Justice under paragraph 2 of Schedule 2.

8

Any other licence in force under Schedule 2 immediately before the coming into force of this Order continues in force ignoring any amendments of Schedule 2 made by this Order and paragraph 13 below.

I31213

In Schedule 6 (fees)—

a

in paragraph 5 after “licence” insert “by the Department of Justice”;

b

in paragraph 6 after “licence” insert “granted by the Department of Justice”.

Violent Crime Reduction Act 2006

I31314

Amend Schedule 2 to the Violent Crime Reduction Act 2006251 (weapons etc.: corresponding provisions for Northern Ireland) as follows.

I31415

1

Amend paragraph 4 (manufacture, import and sale of realistic imitation firearms) as follows.

2

After sub-paragraph (2) insert—

2A
The Department of Justice may by regulations—
a
provide for exceptions and exemptions from the offence under sub-paragraph (1)(a), (b) or (c); and
b
provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

3

In sub-paragraph (3) for “(1)” substitute “(1)(d)”.

4

In sub-paragraph (4)—

a

for “(3)” substitute “(2A) or (3)”; and

b

in paragraph (c) after “as” insert “the Department of Justice or (as the case may be)”.

5

After sub-paragraph (4) insert—

4A
The power of the Department of Justice to make regulations under sub-paragraph (2A) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979252.
4B
That power includes power—
a
to make different provision for different cases;
b
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
c
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
4C
Regulations under sub-paragraph (2A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954253).

I31516

1

Amend paragraph 5 (defences to offence under paragraph 4) as follows.

2

In sub-paragraph (2)(e) for “Secretary of State” substitute “appropriate authority”.

3

After sub-paragraph (2) insert—

2A
In sub-paragraph (2)(e) “the appropriate authority” means—
a
in relation to the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;
b
in relation to the offence under paragraph 4(1)(d), the Secretary of State.

4

After sub-paragraph (4) insert—

4A
The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4B
That power includes power—
a
to make different provision for different cases;
b
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
c
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
4C
Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954254).

I31617

1

Amend paragraph 6 (meaning of “realistic imitation firearm”) as follows.

2

In sub-paragraph (4) for “Secretary of State” substitute “appropriate authority”.

3

After sub-paragraph (4) insert—

4A
In sub-paragraph (4) “the appropriate authority” means—
a
in the application of this paragraph for the purposes of the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;
b
in the application of this paragraph for the purposes of the offence under paragraph 4(1)(d) or for the purposes of paragraph 4(7), the Secretary of State.
4B
The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4C
That power includes power—
a
to make different provision for different cases;
b
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
c
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
4D
Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

I31718

1

Amend paragraph 7 (specification for imitation firearms) as follows.

2

Before sub-paragraph (1) insert—

A1
For the purposes of sub-paragraph (2)(a) to (c), the Department of Justice may by regulations make provision requiring imitation firearms to conform to specifications which are—
a
set out in the regulations; or
b
approved by such persons and in such manner as may be so set out.

3

In sub-paragraph (1) for “The” substitute “For the purposes of sub-paragraph (2)(d), the”.

4

In sub-paragraph (2)—

a

in paragraph (a) for “this paragraph” substitute “sub-paragraph (A1)”;

b

in paragraph (d) for “so required of it” substitute “required of it by regulations under sub-paragraph (1)”.

5

In sub-paragraph (4)—

a

for “this paragraph”, where it occurs first, substitute “sub-paragraph (A1) or (1)”;

b

for “this paragraph”, where it occurs second, substitute “sub-paragraph (2)(a) to (c) or (as the case may be) sub-paragraph (2)(d)”.

6

In sub-paragraph (5) for “this paragraph” substitute “sub-paragraph (1)”.

7

After sub-paragraph (6) insert—

6A
The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979255.
6B
That power includes power—
a
to make different provision for different cases;
b
to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and
c
to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.
6C
Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954256).

SCHEDULE 12Explosives

Article 10

Explosives Act 1875

I3181

1

The Secretary of State’s functions immediately before the coming into force of this Order under sections 43, 83 and 104 of the Explosives Act 1875257 are transferred to the Department of Justice.

2

Any power of the Department of Justice to make an order under any of those sections is to be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

3

An order made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

4

Any function of the Secretary of State immediately before the coming into force of this Order under section 96 of the Explosives Act 1875 is transferred to the Department of Justice.

5

In this Schedule references to the Explosives Act 1875 are to that Act in its application to Northern Ireland.

6

The functions transferred by sub-paragraphs (1) and (4) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in those sub-paragraphs to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

Explosives Act (Northern Ireland) 1970

I3192

1

The Secretary of State’s functions immediately before the coming into force of this Order under section 3 of the Explosives Act (Northern Ireland) 1970258 F2... are transferred to the Department of Justice.

2

Any regulations made by the Department of Justice under section 3 of the 1970 Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954260).

3

Section 3(5) of the 1970 Act is omitted.

F34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The functions transferred by F4sub-paragraph (1) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in those sub-paragraphs to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

Health and Safety at Work (Northern Ireland) Order 1978

I3203

1

Amend the Health and Safety at Work (Northern Ireland) Order 1978261 as follows.

2

Omit Article 3(5).

3

Omit Article 53.

4

In Schedule 1 (existing statutory provisions) after paragraph 2 insert—

3
The provisions of—
a
the Explosives Act 1875,
b
the Explosives Act (Northern Ireland) 1970, and
c
the Explosives (Northern Ireland) Order 1972,
and of any regulations, orders or other instruments of a legislative character made or having effect under any of those provisions.

Powers exercisable by the Secretary of State

I3214

1

For purposes connected with any reserved matter falling within paragraph 12 or 20 of Schedule 3 to the Northern Ireland Act 1998262 (reserved matters: firearms and explosives; import and export controls), the Secretary of State may continue to exercise the following functions (“transferred functions”)—

a

any function that is transferred by paragraph 1(1) or 2(1) above;

b

any power to make regulations that is transferred by virtue of paragraph 3 above.

F52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Any power of the Secretary of State by virtue of sub-paragraph (1) above to make orders or regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979265.

4

Orders and regulations made by the Secretary of State are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946266 applies accordingly.

5

Subject to what follows, sub-paragraphs (1) to (4) above do not affect the transfer of any function to a Northern Ireland department by or by virtue of any of paragraphs 1 to 3 above.

6

The following regulations continue in effect as if made, by virtue of sub-paragraph (1) above, by the Secretary of State in the exercise of the relevant transferred function—

a

the Explosives Regulations (Northern Ireland) 1970267;

b

the Explosives Regulations (Northern Ireland) 1971268;

F11c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

the Explosives (Amendment) (No. 2) Regulations (Northern Ireland) 1973273;

F12h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

j

the Explosives Regulations (Northern Ireland) 1977276;

F8k

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l

regulation 21 of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995278;

m

the Marking of Plastic Explosive for Detection Regulations (Northern Ireland) 1996279;

F9n

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7...

7

So far as in effect immediately before the coming into force of this Order, any other order or regulations made in the exercise of a transferred function continue in effect as if made by the Department of Justice F15... .

8

The orders covered by sub-paragraph (7) include Orders in Council made under section 43, 83 or 104 of the Explosives Act 1875282.

9

The Secretary of State’s functions—

a

under any regulations covered by sub-paragraph (6) are retained by the Secretary of State;

b

under any orders or regulations covered by sub-paragraph (7) are transferred to the Department of Justice.

10

Orders and regulations made by Northern Ireland departments in the exercise of transferred functions have effect subject to orders and regulations made by the Secretary of State in the exercise of transferred functions.

11

Further and in particular, a Northern Ireland department may not use any transferred function F16... to revoke, modify or otherwise affect the Secretary of State’s functions by virtue of this paragraph (or any order or regulations made by the Secretary of State by virtue of this paragraph).

12

In relation to orders and regulations made by the Secretary of State by virtue of this paragraph, the Health and Safety at Work (Northern Ireland) Order 1978283 has effect as if references to the Department concerned were references to the Secretary of State.

Parliamentary procedure

I3225

No provision which (apart from this paragraph) would—

a

require to be laid before Parliament any order or regulations made by a Northern Ireland department by virtue of any of paragraphs 1 to 3 above, or

b

provide for any such order or regulations to be subject to annulment in pursuance of a resolution of either House of Parliament,

is to apply in relation to any such order or regulations.

SCHEDULE 13Amendments of the Justice (Northern Ireland) Act 2002

Article 11

I3231

Amend the Justice (Northern Ireland) Act 2002284 as follows.

I3242

In section 29 (Public Prosecution Service)—

a

in subsection (3) for “by the Secretary of State” substitute “out of money appropriated for that purpose by Act of the Northern Ireland Assembly”; and

b

in subsection (4) for “Secretary of State” substitute “Department of Finance and Personnel”.

I3253

For section 30(9) (Director of Public Prosecutions: payment of salary etc.) substitute—

9
There is to be paid (out of money appropriated as mentioned in section 29(3)) to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such—
a
salary,
b
allowances, or
c
sums for the provision of pensions,
as the Department of Finance and Personnel may determine.

I3264

1

Amend section 45 (Chief Inspector of Criminal Justice) as follows.

2

In subsection (2) for “Secretary of State” substitute “Department of Justice”.

I3275

1

Amend section 46285 (functions of Chief Inspector of Criminal Justice) as follows.

2

In subsection (1)(h) for “Secretary of State” substitute “Department of Justice”.

3

In subsection (6) for “Secretary of State” substitute “Department of Justice”.

I3286

1

Amend section 47286 (further provisions about functions of Chief Inspector of Criminal Justice) as follows.

2

In subsection (1) for “Secretary of State” substitute “Department of Justice”.

3

After subsection (1) insert—

1A
The Chief Inspector must consult the Secretary of State if—
a
he proposes to specify an inspection in a programme under subsection (1), and
b
it appears to him that the inspection would cover activities relating to national security.

4

In subsection (2) before paragraph (a) insert—

za
the Department of Justice,

5

In subsections (3), (4), (5) and (7) for “Secretary of State” substitute “Department of Justice”.

I3297

1

Amend section 49287 (reports by Chief Inspector of Criminal Justice) as follows.

2

For subsections (1) to (4) substitute—

1
The Chief Inspector must report to the Department of Justice on each inspection and review carried out by the Chief Inspector.
1A
In this section “protected information” means information the inclusion of which in a report under subsection (1) would be against the public interest on the ground of national security.
1B
If it appears to the Secretary of State that—
a
the Chief Inspector is required to prepare a report in compliance with subsection (1), and
b
the report might contain (or once completed might contain) protected information,
the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State or, if the report is not completed when the requirement is imposed, to refer the report once it is completed.
1C
The Secretary of State must, within—
a
the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1B), or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.
1D
If it appears to the Chief Inspector that a report in compliance with subsection (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under subsection (1B), the Chief Inspector must refer the report to the Secretary of State.
1E
The Secretary of State must, within—
a
the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1D), or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.
1F
Where the Secretary of State has required a report to be referred to him under subsection (1B), or the Chief Inspector is required to refer a report to the Secretary of State under subsection (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—
a
in accordance with subsection (1G),
b
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or
c
after the period mentioned in subsection (1C) or (1E) has expired without any notification being given by the Secretary of State.
1G
Where the Secretary of State informs the Chief Inspector under subsection (1C) or (1E) that, in the opinion of the Secretary of State, a report contains protected information—
a
the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;
b
the Chief Inspector must exclude that information from the report;
c
the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);
d
the Secretary of State must, either before or as soon as practicable after the report is laid before the Northern Ireland Assembly under subsection (1I), lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).
1H
When the Chief Inspector sends a report to the Department of Justice under subsection (1) from which information has been excluded under subsection (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.
1I
Where a report is received by the Department of Justice under subsection (1), the Department must—
a
lay a copy of it before the Northern Ireland Assembly, and
b
arrange for it to be published.
1J
But the Department of Justice may exclude a part of a report from the copy so laid or published if, in the opinion of the Department, the laying or publication of the part—
a
would be against the public interest, or
b
might jeopardise the safety of any person.
1K
If the Department of Justice excludes a part of a report from laying or publication, the Department must lay or publish with the report a statement that it has been excluded.
1L
Section 41(3) of the Interpretation Act (Northern Ireland) 1954288 applies for the purposes of subsections (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

I3308

1

Amend section 50 (Northern Ireland Law Commission) as follows.

2

In subsections (2), (4)(a), (b) and (c), (5) and (6) for “Secretary of State” substitute “Department of Justice”.

I3319

1

Amend section 51 (duties of Northern Ireland Law Commission) as follows.

2

In subsection (2)—

a

in paragraphs (b) to (d) for “Secretary of State” (wherever occurring) substitute “Department of Justice”; and

b

for paragraph (e) substitute—

e
provide advice and information—
i
to Northern Ireland departments, and
ii
with the consent of the Department of Justice, to departments of the Government of the United Kingdom and other authorities or bodies concerned with proposals for the reform or amendment of any branch of the law of Northern Ireland, and

3

In subsection (3)—

a

for “Secretary of State” substitute “Department of Justice”;

b

omit paragraphs (a) and (b).

4

After subsection (3) insert—

3A
Before approving any programme prepared by the Commission that includes—
a
the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or
b
the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter,
the Department of Justice must consult the Secretary of State.
3B
For the purposes of subsection (3A) “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998289.

I33210

For section 52 (reports etc. by Northern Ireland Law Commission) substitute—

52Reports etc.
1
The Commission must send to the Department of Justice a copy of—
a
each programme prepared by the Commission and approved by the Department of Justice,
b
each set of proposals for reform formulated by the Commission pursuant to such a programme, and
c
each annual report of the Commission.
2
The Department of Justice must lay before the Northern Ireland Assembly a copy of each document received by it under subsection (1).
3
The Commission must send to the Secretary of State a copy of—
a
any programme prepared by the Commission and approved by the Department of Justice which includes—
i
the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or
ii
the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter,
b
any set of proposals for reform formulated by the Commission pursuant to an approved programme which relate (in whole or in part) to a reserved matter or an excepted matter, and
c
any annual report of the Commission which contains anything relevant to a reserved matter or an excepted matter.
4
The Secretary of State must lay before each House of Parliament a copy of each document received by the Secretary of State under subsection (3).
5
After a copy of a document has been—
a
laid before the Assembly in accordance with subsection (2), and
b
if so required by subsection (4), laid before Parliament in accordance with that subsection,
the Commission must arrange for the document to be published.
6
In this section “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.
7
Section 41(3) of the Interpretation Act (Northern Ireland) 1954290 applies for the purposes of subsection (2) in relation to the laying of a copy of a document as it applies in relation to the laying of a statutory document under an enactment.

I33311

1

Amend section 56 (custody care orders) as follows.

2

In the inserted Articles 44A to 44G for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

3

In the inserted Article 44E(5) for the words from “annulment” to “such rules” substitute “negative resolution”.

I33412

1

Amend section 63 (extension of youth justice system to 17 year olds) as follows.

2

In subsection (2) for “Secretary of State” substitute “Department of Justice”.

I33513

1

Amend section 68 (information about discharge and temporary release of prisoners) as follows.

2

In subsections (1), (2), (4), (5) and (6) for “Secretary of State” substitute “Department of Justice”.

3

In subsection (8)—

a

for “Secretary of State” substitute “Department of Justice”;

b

in paragraph (a) for “he” substitute “the Department of Justice”;

c

in paragraph (b) for “he” substitute “the Department of Justice”.

I33614

1

Amend section 69 (views on temporary release) as follows.

2

In subsection (1) for “Secretary of State” (in both places) substitute “Department of Justice”.

3

In subsection (3) for “Secretary of State” substitute “Department of Justice”.

I33715

1

Amend section 69A291 (information about discharge and leave of absence of mentally disordered persons) as follows.

2

In subsections (1), (4) and (6) for “Secretary of State” (in all places) substitute “Department of Justice”.

3

In subsection (7)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “him” substitute “it”.

4

In subsection (11) for “Secretary of State” substitute “Department of Justice”.

I33816

1

Amend section 69B292 (views on leave of absence) as follows.

2

In subsection (1) for “Secretary of State” (in both places) substitute “Department of Justice”.

3

In subsection (3)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “he should give his” substitute “the Department should give its”.

I33917

In section 70(1)(a) (victims of crime: supplementary) omit “of the Secretary of State”.

I34018

1

Amend section 71 (community safety strategy) as follows.

2

In subsections (1), (3) and (4) for “Secretary of State” substitute “Department of Justice”.

3

In subsection (5)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “him” substitute “the Department”;

c

for “he” substitute “the Department”.

I34119

1

Amend section 72 (local community safety partnerships) as follows.

2

In subsections (1), (2) and (3) for “Secretary of State” substitute “Department of Justice”.

3

In subsection (4)—

a

in paragraph (e) for “Secretary of State” substitute “Department of Justice”;

b

in paragraph (f)—

i

for “Secretary of State” substitute “Department of Justice”;

ii

for “him” substitute “the Department”.

4

In subsections (6), (7), (8), (9) and (10) for “Secretary of State” substitute “Department of Justice”.

I34220

1

Amend section 85 (youth justice: minor and consequential amendments) as follows.

2

In subsection (2)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “him” substitute “the Department of Justice”.

I34321

1

Amend section 87 (commencement) as follows.

2

In subsection (1) after “Secretary of State” insert “or the Department of Justice”.

I34422

1

Amend section 89 (transitionals and savings) as follows.

2

In subsection (1) after “Secretary of State” insert “or the Department of Justice”.

I34523

In section 90293 (statutory rules) (as amended by the Northern Ireland Act 2009294 and the Department of Justice Act (Northern Ireland) 2010295)—

a

for subsection (1A) substitute—

1A
No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b), 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) 1954296 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.

b

in subsection (4) for the words from “section” to “78” substitute “section 78”;

c

in subsection (5)—

i

in paragraph (a) omit “28(2),”;

ii

for the words from “each House of Parliament” to “accordingly” substitute “the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954297)”;

d

after subsection (5) insert—

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 1946298 applies accordingly.

I34624

1

Amend Schedule 8 (Chief Inspector of Criminal Justice) as follows.

2

In paragraph 1(3) and (4) (resignation and dismissal of Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

3

In paragraph 2 (salary etc. of Chief Inspector)—

a

in sub-paragraph (1) for “Secretary of State” (in both places) substitute “Department of Justice”;

b

after sub-paragraph (1) insert—

1A
If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972299 becomes the Chief Inspector, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment.

c

omit sub-paragraph (2).

4

In paragraph 3 (staff)—

a

in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b

after sub-paragraph (2) insert—

2A
Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—
Employment by the Chief Inspector of Criminal Justice in Northern Ireland
2B
The Chief Inspector must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

c

omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972300 has effect accordingly).

5

In paragraph 4 (annual report)—

a

after sub-paragraph (1) insert—

1A
The Chief Inspector must send a copy of each annual report to the Department of Justice.
1B
In this paragraph “protected information” means information the inclusion of which in a report under sub-paragraph (1) would be against the public interest on the ground of national security.
1C
If it appears to the Secretary of State that a report in compliance with sub-paragraph (1) may contain protected information (or once completed may contain protected information), the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).
1D
If it appears to the Chief Inspector that a report in compliance with sub-paragraph (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under sub-paragraph (1C), the Chief Inspector must refer the report to the Secretary of State.
1E
The Secretary of State must, within the period of 30 days after the date of a referral under sub-paragraph (1C) or (1D), or within such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the Secretary of State’s opinion, the report contains any protected information.
1F
Where the Secretary of State has required that a report be referred to the Secretary of State under sub-paragraph (1C) or the Chief Inspector is required to refer a report to the Secretary of State under sub-paragraph (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—
a
in accordance with sub-paragraph (1G), or
b
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or
c
after the period mentioned in sub-paragraph (1E) has expired without any notification being given by the Secretary of State.
1G
Where the Secretary of State informs the Chief Inspector under sub-paragraph (1E) that, in the Secretary of State’s opinion, a report contains protected information—
a
the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;
b
the Chief Inspector must exclude that information from the report;
c
the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);
d
the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).
1H
When the Chief Inspector sends a report to the Department of Justice under sub-paragraph (1A) from which information has been excluded under sub-paragraph (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.
1I
Where a report is received by the Department of Justice under sub-paragraph (1A), it must—
a
lay a copy of it before the Northern Ireland Assembly, and
b
arrange for it to be published.
1J
But the Department of Justice may exclude a part of a report from the copy so laid or published if, in its opinion, the laying or publication of the part—
a
would be against the public interest, or
b
might jeopardise the safety of any person.
1K
If the Department of Justice excludes a part of a report from laying or publication, it must lay or publish with the report a statement that it has been excluded.
1L
Section 41(3) of the Interpretation Act (Northern Ireland) 1954301 applies for the purposes of sub-paragraphs (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

b

omit sub-paragraphs (2) to (4).

6

In paragraph 5 (power of Secretary of State to make grants to Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

7

In paragraph 6 (financial provisions: accounts and statements)—

a

in sub-paragraphs (2) and (3) for “Secretary of State” (in all places) substitute “Department of Justice”;

b

in sub-paragraph (3)(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c

in sub-paragraph (4)—

i

for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

ii

in paragraph (b) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d

after sub-paragraph (4) insert—

4A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

8

In paragraph 7(3) (delegation of functions) for “Secretary of State” substitute “Department of Justice”.

9

In paragraph 8(3) (inspections of PSNI)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “his” substitute “the Department’s”.

I34725

1

Amend Schedule 9 (Northern Ireland Law Commission) as follows.

2

In paragraph 1(3) and (4) (resignation and dismissal of Commissioners) for “Secretary of State” substitute “Department of Justice”.

3

In paragraph 3 (salary etc. of Commissioners not holding full-time judicial office)—

a

in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b

after sub-paragraph (1) insert—

1A
If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972302 becomes a Commissioner, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment.
1B
The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (1A).

c

omit sub-paragraphs (2) and (3).

4

In paragraph 4 (staff)—

a

in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

b

after sub-paragraph (2) insert—

2A
Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—
Employment by the Northern Ireland Law Commission.
2B
The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

c

omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972303 has effect accordingly).

5

In paragraph 5 (power of Secretary of State to make grants to Commission) for “Secretary of State” substitute “Department of Justice”.

6

In paragraph 6 (financial provisions: accounts and statements)—

a

in sub-paragraphs (2) and (3) for “Secretary of State” (in all places) substitute “Department of Justice”;

b

in sub-paragraph (3)(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c

in sub-paragraph (4)—

i

for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

ii

in paragraph (b) for “each House of Parliament” substitute “the Northern Ireland Assembly”; and

d

after sub-paragraph (4) insert—

4A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954304 applies for the purposes of sub-paragraph (4)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

I34826

1

Paragraphs 24(3)(c) and (4)(c) and 25(3)(c) and (4)(c) above do not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Chief Inspector or the Commission, or the person’s service as the Chief Inspector or a Commissioner, before the coming into force of this Order.

2

The Chief Inspector and the Commission must, accordingly, continue to make payments to the Minister for the Civil Service under the following provisions despite their repeal by the provisions mentioned in sub-paragraph (1) above—

a

paragraph 3(4) of Schedule 8 to the Justice (Northern Ireland) Act 2002305;

b

paragraphs 3(3) and 4(4) of Schedule 9 to that Act.

3

Sub-paragraph (5) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of a provision mentioned in sub-paragraph (4) below, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

4

The provisions are—

a

paragraph 2(2) or 3(3) of Schedule 8 to the Justice (Northern Ireland) Act 2002;

b

paragraph 3(2) or 4(3) of Schedule 9 to that Act.

5

In relation to the person’s employment by the Chief Inspector or the Commission, or (as the case may be) service as the Chief Inspector or a Commissioner, after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972306; and the person’s terms and conditions of service have effect accordingly.

6

The expenditure covered by—

a

paragraph 3(2B) of Schedule 8 to the Justice (Northern Ireland) Act 2002 (as inserted by paragraph 24(4)(b) above), and

b

paragraphs 3(1B) and 4(2B) of Schedule 9 to that Act (as inserted by paragraph 25(3)(b) and (4)(b) above),

includes, in particular, expenditure attributable to sub-paragraph (5) above.

I34927

Neither paragraph 24(7) nor paragraph 25(6) above applies in relation to a financial year ending before the coming into force of this Order.

SCHEDULE 14Criminal Justice

Article 12

Coroners Act (Northern Ireland) 1959

I3501

1

Amend section 14 of the Coroners Act (Northern Ireland) 1959307 (inquest on order of Attorney General) as follows.

2

Make the existing text subsection (1).

3

After subsection (1) insert—

2
Subsection (3) applies in relation to the death of a person if the Secretary of State certifies that there is information relevant to the question of whether a direction should be given under this section in relation to the death which is or includes information the disclosure of which may be against the interests of national security.
3
The functions of the Attorney General under this section are to be exercised by the Advocate General for Northern Ireland instead.

4

Sub-paragraphs (5) to (7) below apply if—

a

before the coming into force of this Order, the Attorney General for Northern Ireland began to consider whether to give a direction under section 14 in relation to the death of a person, but

b

immediately before the coming into force of this Order, the Attorney had neither given a direction nor decided not to give a direction.

5

The Advocate General for Northern Ireland must take a view as to whether there is information relevant to the question of whether a direction should be given which is or includes information the disclosure of which may be against the interests of national security.

6

If the Advocate General takes the view that there is such information, the Advocate General must deal with the case as if section 14(3) (as inserted by sub-paragraph (3) above) applied.

7

Otherwise, the Advocate General must refer the case to the Attorney General for Northern Ireland to be dealt with by the Attorney accordingly.

Costs in Criminal Cases Act (Northern Ireland) 1968

I3512

Amend the Costs in Criminal Cases Act (Northern Ireland) 1968308 as follows.

I3523

1

Amend section 1309 (expenses of prosecution) as follows.

2

For subsection (1) substitute—

1
Where any criminal proceedings are instituted by or on behalf of, or taken over by, the Director of Public Prosecutions, the costs of the prosecution of such proceedings (including any costs incurred in connection with any matter preliminary or incidental to, and with any appeal from, those proceedings) shall, in accordance with arrangements approved by the Department of Finance and Personnel, be defrayed in the first instance by the Director.

3

In subsection (3) for “Ministry of Finance” substitute “Department of Finance and Personnel”.

I3534

1

Amend section 2 (costs of prosecution in cases of conviction) as follows.

2

For subsection (1)(a) substitute—

a
in the case of proceedings to which section 1(1) applies, to the Director of Public Prosecutions; and

I3545

1

Amend section 3 (costs of defence in cases of acquittal, dismissal or discharge) as follows.

2

For subsection (1)(i) substitute—

i
in the case of proceedings to which section 1(1) applies, order the Director of Public Prosecutions; and

3

In subsection (5) for “Ministry” substitute “Director of Public Prosecutions”.

I3556

1

Amend section 4310 (costs awarded by Court of Appeal) as follows.

2

In subsection (1)(a)—

a

for “to the Secretary of State” substitute “to the Director of Public Prosecutions or any other person the Court thinks appropriate”;

b

for “by the Secretary of State” substitute “by the Director of Public Prosecutions”.

3

In subsection (2) for “Ministry” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.

4

In subsection (2A) for “Secretary of State” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.

5

In subsection (4) for the words from “subject,” to the end substitute “subject to section 25 of the Crown Proceedings Act 1947 where that section is applicable”.

I3567

In section 5A311 (fees of required interpreter) for “Ministry” substitute “Department of Justice”.

I3578

In section 6(b)312 (effect of costs of legal aid) for “Ministry” substitute “Director of Public Prosecutions”.

I3589

In section 8 (saving) for “Ministry” substitute “Director of Public Prosecutions”.

I35910

Omit section 9313 (financial provisions).

I36011

1

Amend section 10314 (interpretation) as follows.

2

In subsection (1), in the definition of “private prosecutor”, for “the Attorney General” substitute “the Director of Public Prosecutions, the Attorney General or the Advocate General”.

3

Omit subsection (1A).

4

In subsection (2) for the words from “the Ministry” to “as the case may be,” substitute “any person”.

Administration of Justice Act 1973

I36112

1

Amend the Administration of Justice Act 1973315 as follows.

2

In section 18(2) (payment of interpreters in criminal cases: Northern Ireland) for “Secretary of State” substitute “Department of Justice”.

Criminal Appeal (Northern Ireland) Act 1980

I36213

Amend the Criminal Appeal (Northern Ireland) Act 1980316 as follows.

I36314

In section 15(3) (reference of point of law) for “out of money provided by Parliament” substitute “by the Department of Justice”.

I36415

1

Amend section 21 (court transcripts) as follows.

2

In subsection (1)(b) for “Treasury” substitute “Department of Finance and Personnel”.

3

In subsections (2) and (3) for “Secretary of State” substitute “Department of Justice”.

4

In subsection (2) for “he” and “him” substitute “it”.

5

In subsection (3)—

a

for “Treasury” substitute “Department of Finance and Personnel”;

b

for “out of money provided by Parliament” substitute “by the Department of Justice”; and

c

for “out of money so provided” substitute “by the Department of Justice”.

I36516

1

Amend section 28 (costs) as follows.

2

In subsection (2) for “Secretary of State” substitute “Director of Public Prosecutions”.

3

In subsection (3) for “Secretary of State” substitute “Department of Justice”.

I36617

In section 34(3) (further reference on point of law) for “out of money provided by Parliament” substitute “by the Department of Justice”.

Probation Board (Northern Ireland) Order 1982

I36718

Amend the Probation Board (Northern Ireland) Order 1982317 as follows.

I36819

In Article 2(2) (interpretation), in the definition of “prescribed”, for “Secretary of State” substitute “Department of Justice”.

I36920

In Article 4(1)(c) and (2) (functions of the Probation Board) for “Secretary of State” substitute “Department of Justice”.

I37021

In Article 6 (directions to Probation Board), and the heading to that Article, for “Secretary of State” substitute “Department of Justice”.

I37122

1

Amend Article 7 (financial control of the Probation Board) as follows.

2

In paragraph (1)—

a

for “Secretary of State” substitute “Department of Justice”;

b

for “he” substitute “the Department of Justice”;

c

for “Treasury” substitute “Department of Finance and Personnel”.

3

In paragraph (2) for “Secretary of State” substitute “Department of Justice”.

I37223

In Articles 8(1) and (3), 10(2), 11(1)(a), (2), (3) and (4) and 12 for “Secretary of State” substitute “Department of Justice”.

I37324

1

Amend Article 15 (rules and regulations) as follows.

2

In paragraph (1) for “Secretary of State” substitute “Department of Justice”.

3

For paragraph (2) substitute—

2
Rules and regulations made by the Department of Justice under this Order are subject to negative resolution.

I37425

1

Amend Schedule 1 (the Probation Board for Northern Ireland) as follows.

2

In paragraph 3 for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

3

After paragraph 3(7) insert—

8
In this paragraph “the Minister of Justice” means the Minister in charge of the Department of Justice.

4

In paragraph 4 for “Secretary of State, with the approval of the Treasury” substitute “Department of Justice, with the approval of the Department of Finance and Personnel”.

5

In paragraph 5—

a

for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b

for “Treasury” (wherever occurring) substitute “Department of Finance and Personnel”.

6

In paragraph 9 for “Secretary of State” substitute “Department of Justice”.

7

In paragraph 12 for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

8

In paragraph 13—

a

for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b

for “Treasury” (wherever occurring) substitute “Department of Finance and Personnel”.

9

In paragraph 14 for “Secretary of State” substitute “Department of Justice”.

I37526

After paragraph 1(2) of Schedule 2 (transfer of property and staff) insert—

3
Regulations made by the Secretary of State under sub-paragraph (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946318 shall apply accordingly.

I37627

1

Amend Schedule 3 (reports and accounts, etc.) as follows.

2

In paragraph 1—

a

for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b

in sub-paragraph (1) for “he” substitute “the Department of Justice”.

3

In paragraph 2—

a

in sub-paragraphs (1) and (2) for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

b

in sub-paragraph (1)(b) for “Treasury” substitute “Department of Finance and Personnel”;

c

in sub-paragraph (1)(b) for “he” substitute “the Department of Justice”.

4

In paragraph 2(2) and (3) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”.

5

In paragraph 2(3) for “each House of Parliament” substitute “the Assembly”.

6

In paragraph 2(4) omit “; and “Comptroller and Auditor General” has the meaning assigned to it by Schedule 1 to the Interpretation Act 1978319”.

7

Sub-paragraphs (3) to (6) above do not apply in relation to an accounting period ending before the coming into force of this Order.

Mental Health Act 1983

I37728

1

Amend the Mental Health Act 1983320 as follows.

2

In section 82(7) (responsible authority for the purposes of moving patients from Northern Ireland to England and Wales) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

3

In section 82A (transfer of responsibility for conditionally discharged patients)—

a

in subsection (1) for “the relevant Minister” and “that Minister” substitute “the Department of Justice in Northern Ireland”;

b

omit subsection (4).

4

In section 86(4) (removal of alien patients) after “that Order” insert “and any reference in subsection (2) or (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland”.

5

At the end of section 139(4) (exclusion from protection for acts done in pursuance of Act) insert “or against the Department of Justice in Northern Ireland”.

Criminal Justice Act 1988

I37829

Amend the Criminal Justice Act 1988321 as follows.

I37930

1

Amend section 35 (reviews of sentencing: scope of Part 4) as follows.

2

After subsection (9) insert—

9A
Any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.

3

In subsection (10), in the text substituted for subsection (5), for the words from “such statutory rule” to “accordingly” substitute “such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954322)”.

I38031

1

Amend section 141 (offensive weapons) as follows.

2

In subsection (13) for “the reference in subsection (2) above” substitute “in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference”.

3

After subsection (13) insert—

14
In the application of this section to Northern Ireland, the power under subsection (11D) above to provide by order—
a
for exceptions and exemptions from the offence under subsection (1) above; and
b
for it to be a defence in proceedings for such an offence to show the matters specified or described in the order,
is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).
15
Any power of the Department of Justice in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979323 (and not by statutory instrument).
16
No order shall be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
17
Section 41(3) of the Interpretation Act (Northern Ireland) 1954324 applies for the purposes of subsection (16) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Criminal Procedure (Scotland) Act 1995

I38132

1

Amend the Criminal Procedure (Scotland) Act 1995325 as follows.

2

In section 303 (fixed penalty: enforcement)—

a

in subsection (4) omit “or Northern Ireland” and “or, as the case may be, Northern Ireland”; and

b

after subsection (4) insert—

5
The Department of Justice in Northern Ireland may by order make such provision as it considers necessary for the enforcement in Northern Ireland of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in Northern Ireland.
6
The power of the Department of Justice to make an order under subsection (5) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
7
An order made by the Department of Justice under subsection (5) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

3

In section 309(4) for “303(4)” substitute “303(4) to (7)”.

4

In section 309(5) for “303(4)” substitute “303(4) to (7)”.

Children’s Evidence (Northern Ireland) Order 1995

I38233

In paragraph 3(2) of Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995326 (notice of transfer: regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Procedure and Investigations Act 1996

I38334

1

Amend Schedule 4 to the Criminal Procedure and Investigations Act 1996327 (modifications for Northern Ireland) as follows.

2

After paragraph 4 insert—

4A
After section 2(5) insert—
5A
References to the appropriate authority—
a
in relation to cases where a certificate has been issued under section 1 of the Justice and Security (Northern Ireland) Act 2007328, are references to the Secretary of State;
b
in relation to all other cases, are references to the Department of Justice.

3

After paragraph 5 insert—

5A
In section 6A(4) for “Secretary of State” substitute “appropriate authority”.
5B
In section 12(2) and (4) for “Secretary of State” substitute “appropriate authority”.

4

After paragraph 14 insert—

14A
In section 21A—
a
in subsections (1) and (4) to (6) for “Secretary of State” substitute “appropriate authority”;
b
in subsection (4)(c) for “he” substitute “the appropriate authority”;
c
in subsection (7) after “made” insert “by the Secretary of State”;
d
in subsection (8) after “An order” insert “made by the Secretary of State”;
e
after subsection (8) insert—
8A
An order bringing the code into operation may not be made by the Department of Justice unless a draft of the order has been laid before and approved by a resolution of the Northern Ireland Assembly.
8B
An order made by the Department of Justice bringing a revised code into operation shall be laid before the Northern Ireland Assembly if the order has been made without a draft having been so laid and approved by a resolution of that Assembly.
f
in subsection (9) for “or (8)” substitute “, (8), (8A) or (8B)”;
g
after subsection (13) insert—
14
Section 41(3) of the Interpretation Act (Northern Ireland) 1954329 applies for the purposes of this section in relation to the laying of an order, a draft of an order or a code as it applies in relation to the laying of a statutory document under an enactment.

5

After paragraph 14A insert—

Part 2 of this Act
14B
In section 23—
a
in subsection (1) for “Secretary of State” substitute “Department of Justice”;
b
after subsection (8) insert—
9
For purposes connected with national security or any matter within paragraph 9(1)(a) or (b) of Schedule 3 to the Northern Ireland Act 1998330, the Secretary of State may prepare a code of practice containing any provision that may be included in a code prepared by the Department of Justice under this section.
10
Any code prepared by the Department of Justice has effect subject to any code prepared by the Secretary of State.
14C
In section 25—
a
in subsection (1)—
i
for “Secretary of State” substitute “Department of Justice”;
ii
for “he” (wherever occurring) substitute “the Department”;
iii
for “him” substitute “it”;
b
in subsection (2)—
i
for “Secretary of State” substitute “Department of Justice”;
ii
for “he” (wherever occurring) substitute “the Department”;
iii
for “each House of Parliament” substitute “the Northern Ireland Assembly”;
c
after subsection (2) insert—
2A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a code as it applies in relation to the laying of a statutory document under an enactment.
d
in subsection (4) for “Secretary of State” substitute “Department of Justice”;
e
after subsection (4) insert—
5
Subsections (1) to (4) above apply in relation to a code prepared by the Secretary of State under section 23(9) as they apply in relation to a code prepared by the Department of Justice and for this purpose—
a
references to the Department of Justice are to be read as references to the Secretary of State;
b
in subsection (2) the reference to the Northern Ireland Assembly is to be read as a reference to Parliament.

6

After paragraph 33 insert—

33A
After section 77 insert—
77AOrders and regulations (Department of Justice)
1
This section concerns the powers of the Department of Justice to make orders or regulations under this Act.
2
Any power to make an order or regulations may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
3
Any order or regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Department of Justice to be necessary or expedient.
4
Any power to make an order or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979331.
5
No regulations shall be made under section 6A unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
6
Regulations (other than regulations under section 6A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954332).
7
No order shall be made under section 25 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
8
Section 41(3) of the Interpretation Act (Northern Ireland) 1954333 applies for the purposes of subsections (5) and (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Knives Act 1997

I38435

1

Amend section 11 of the Knives Act 1997334 (short title, commencement and extent etc.) as follows.

2

After subsection (7) insert—

8
In its application to Northern Ireland, this Act has effect with the following modifications—
a
any reference in section 3 or 7 to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland;
b
any power of the Department of Justice to make regulations under section 3 or 7 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument); and
c
regulations made by the Department of Justice under section 3 or 7 shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Police Act 1997

I38536

Amend the Police Act 1997335 as follows.

I38637

1

Amend section 119B (independent monitor) as follows.

2

After subsection (4) insert—

4A
Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.

I38738

After section 126 insert—

126APart 5: Modifications for Northern Ireland
1
This Part applies to Northern Ireland subject to the following modifications.
2
Any reference to the Secretary of State, except in—
a
section 118(2A)(d),
b
section 119(1), (3), (5) and (8),
c
section 119B(2), (4) and (4A), and
d
section 122A as it applies to a function of the Secretary of State under section 119 or 119B(2), (4) or (4A),
shall be construed as a reference to the Department of Justice in Northern Ireland.
3
Section 119 has effect subject to the following modifications—
a
in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;
b
in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;
c
subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.
4
The following provisions shall not have effect—
a
section 113A(8);
b
in section 113BC—
i
in subsection (1) the words “made by statutory instrument”;
ii
subsection (2);
c
in section 120A—
i
in subsection (7) the words “made by statutory instrument”;
ii
subsection (8);
d
section 125(2), (4) and (6).
5
In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.
6
In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.
7
Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979336.
8
No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
9
Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954337).
10
Section 41(3) of the Interpretation Act (Northern Ireland) 1954338 applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.

Criminal Justice (Children) (Northern Ireland) Order 1998

I38839

Amend the Criminal Justice (Children) (Northern Ireland) Order 1998339 as follows.

I38940

1

Amend Article 45 (punishment of certain grave crimes) as follows.

2

For “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

3

After paragraph (7) insert—

8
In this Article and Article 46 “the Minister of Justice” means the Minister in charge of the Department of Justice.

I39041

In Article 46 (discharge on licence) for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

Youth Justice and Criminal Evidence Act 1999

I39142

Amend the Youth Justice and Criminal Evidence Act 1999340 as follows.

I39243

In section 44 (restrictions on reporting alleged offences involving persons under 18) after subsection (5) insert—

5A
In the application of this section to Northern Ireland, the reference in subsection (5) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

I39344

In section 64 (regulations and orders) after subsection (4) insert—

5
Any power of the Department of Justice in Northern Ireland to make an order under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
6
No order shall be made by the Department of Justice under section 44(5) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (3) above shall not apply to the making of any order by the Department of Justice).
7
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
8
Any order made by the Department of Justice under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Department of Justice thinks fit.

I39445

In section 68 (short title, commencement and extent) after subsection (3) insert—

3A
In relation to the coming into force of any provision of this Act for the purposes of the law of Northern Ireland, the reference in subsection (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

Criminal Justice and Police Act 2001

I39546

1

Amend the Criminal Justice and Police Act 2001341 as follows.

2

In section 52(5) (regulations about notice of exercise of powers of seizure) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

3

In section 69 (powers of seizure designated by order) after subsection (2) insert—

2A
Where the power designated by the order made under subsection (1) is a power conferred in relation to Northern Ireland, the Secretary of State shall consult the Department of Justice in Northern Ireland before making the order.

Proceeds of Crime Act 2002

I39647

Amend the Proceeds of Crime Act 2002342 as follows.

I39748

In section 174 (confiscation: inadequacy of available amount: discharge of order)—

a

in subsection (4)(b) for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

b

in subsection (5) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

I39849

In section 175(3) (confiscation: small amount outstanding: discharge of order) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

I39950

In section 215(7) (seized money) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

I40051

In section 223 (criminal lifestyle)—

a

in subsection (7) for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

b

in subsection (8) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

I40152

In section 237(2) (procedure on appeal to Court of Appeal) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

I40253

1

Amend section 238 (procedure on appeal to Supreme Court) as follows.

2

Make the existing text subsection (1).

3

After subsection (1) insert—

2
The power under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998343).

I40354

In section 275(3) (recovery orders: pension schemes: supplementary) after “Scottish Ministers” insert “or, in relation to Northern Ireland, regulations made by the Department of Justice”.

I40455

In section 282(1) (recovery orders: other exemptions) after “Scottish Ministers” insert “or, in relation to Northern Ireland, prescribed by an order made by the Department of Justice”.

I40556

In section 287(2) (recovery orders: financial threshold) after “Scottish Ministers” insert “or, in relation to Northern Ireland, exercisable by the Department of Justice”.

I40657

In section 289(7) (recovery of cash in summary proceedings: searches) after “Scottish Ministers” insert “or, in relation to Northern Ireland, is specified by the Department of Justice by an order”.

I40758

In section 290(8) (recovery of cash in summary proceedings: appointed person)—

a

in paragraph (a) omit “and Northern Ireland”; and

b

after paragraph (b) insert—

c
in relation to Northern Ireland, a person appointed by the Department of Justice.

I40859

1

Amend section 291 (recovery of cash in summary proceedings: report on exercise of powers) as follows.

2

In subsection (4) after “Scottish Ministers” insert “or the Department of Justice”.

3

In subsection (5) after “Scottish Parliament” insert “; and the Department of Justice must lay a copy of any report it receives under this section before the Northern Ireland Assembly”.

4

After subsection (5) insert—

6
Section 41(3) of the Interpretation Act (Northern Ireland) 1954344 applies for the purposes of subsection (5) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

I40960

1

Amend section 292 (recovery of cash in summary proceedings: code of practice) as follows.

2

In subsection (1) omit “and Northern Ireland”.

3

In subsection (2)(b) after “Scottish Ministers” insert “, the Department of Justice”.

I41061

After section 293 insert—

293ACode of practice (Northern Ireland)
1
The Department of Justice must make a code of practice in connection with the exercise by constables and accredited financial investigators, in relation to Northern Ireland, of the powers conferred by virtue of section 289.
2
Where the Department of Justice proposes to issue a code of practice it must—
a
publish a draft,
b
consider any representations made to the Department of Justice about the draft,
c
if the Department of Justice thinks it appropriate, modify the draft in the light of any such representations.
3
The Department of Justice must lay a draft of the code before the Northern Ireland Assembly.
4
When the Department of Justice has laid a draft of the code before the Northern Ireland Assembly, the Department of Justice may bring it into operation by order.
5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (3) and (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
6
The Department of Justice may revise the whole or any part of the code issued by it and issue the code as revised; and subsections (2) to (5) apply to such a revised code as they apply to the original code.
7
A failure by a constable or accredited financial investigator to comply with a provision of the code does not of itself make him liable to criminal or civil proceedings.
8
The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

I41162

1

Amend section 302 (compensation) as follows.

2

After subsection (8)—

9
The power in subsection (7B) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

I41263

In section 303(1) (definition of “the minimum amount”) after “Scottish Ministers” insert “and the Department of Justice”.

I41364

In section 309(4) (exemptions) after “Scottish Ministers” insert “and the Department of Justice”.

I41465

In section 316(1) (interpretation of Part 5) after the definition of “dealing” insert—

“the Department of Justice” means the Department of Justice in Northern Ireland;

I41566

1

Amend section 355 (further provisions: confiscation and money laundering) as follows.

2

In subsection (2)—

a

after “applies” insert “, in relation to England and Wales,”;

b

for “subsections (3) and (4) apply” substitute “subsection (3) applies”.

3

After subsection (3) insert—

3A
In relation to such warrants and powers, the Department of Justice in Northern Ireland may make an order which applies, in relation to Northern Ireland, the provisions to which subsection (4) applies subject to any specified modifications.

I41667

1

Amend section 377 (code of practice) as follows.

2

In subsection (1) at the beginning of each of paragraphs (c) and (d) insert “in relation to England and Wales,”.

3

Omit subsection (9).

I41768

After section 377 insert—

377ZACode of practice (Northern Ireland)
1
The Department of Justice in Northern Ireland must prepare a code of practice as to the exercise, in relation to Northern Ireland, by constables and accredited financial investigators of functions they have under this Chapter.
2
After preparing a draft of the code the Department of Justice—
a
must publish the draft;
b
must consider any representations made to the Department of Justice about the draft;
c
may amend the draft accordingly.
3
After the Department of Justice has proceeded under subsection (2) it must lay the code before the Northern Ireland Assembly.
4
When the Department of Justice has done so it may bring the code into operation on such day as the Department of Justice may appoint by order.
5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a code as it applies in relation to the laying of a statutory document under an enactment.
6
A constable or accredited financial investigator must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.
7
If a constable or accredited financial investigator fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings.
8
But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.
9
The Department of Justice may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.
377ZBDisapplication of PACE codes
The following provisions do not apply to an appropriate officer or the relevant authority in the exercise of any function either has under this Chapter—
a
section 67(9) of the Police and Criminal Evidence Act 1984345 (application of codes of practice under that Act to persons other than police officers);
b
Article 66(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989346 (which makes similar provision for Northern Ireland).

I41869

In section 436 (disclosure of information to Directors) after subsection (7) insert—

7A
In relation to persons exercising functions in Northern Ireland, any reference in subsection (6) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

I41970

In section 444(4) (external requests and orders) after paragraph (c) insert—

ca
the Department of Justice in Northern Ireland;

I42071

In section 445(2)(b) (external investigations) after “Scottish Ministers,” insert “the Department of Justice in Northern Ireland,”.

I42172

In section 452 (Crown servants) after subsection (2) insert—

3
In relation to Northern Ireland, the power to make regulations under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) in relation to persons in the public service of the Crown in right of Her Majesty’s Government in Northern Ireland.

I42273

In section 458 (commencement)—

a

in subsection (1) after “(3)” insert “or (4)”;

b

in subsection (2) after “made” insert “by the Secretary of State”;

c

after subsection (3) insert—

4
Any provision of this Act which provides for the repeal of any provision of the Proceeds of Crime (Northern Ireland) Order 1996347 comes into force in accordance with provision made by the Department of Justice in Northern Ireland by order.

I42374

1

Amend section 459 (orders and regulations) as follows.

2

In subsection (3) for the words from “other than” to “which is” substitute

other than—
a
the power of the Advocate General for Northern Ireland to make an order under section 377A(5), and
b
any power of the Department of Justice in Northern Ireland to make subordinate legislation,
which are

3

In subsections (4)(a) and (6)(a) omit “223(7) or (8),”.

4

After subsection (7) insert—

7A
Subordinate legislation made by the Department of Justice in Northern Ireland is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954348) other than an order under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4), 436(6) or 458.
7B
No order shall be made by the Department of Justice under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4) or 436(6) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
7C
The Department of Justice must lay before the Northern Ireland Assembly a copy of every statutory instrument containing an Order in Council under section 444 or 445.
7D
Section 41(3) of the Interpretation Act (Northern Ireland) 1954349 applies for the purposes of subsections (7B) and (7C) in relation to the laying of a draft or copy as it applies in relation to the laying of a statutory document under an enactment.

I42475

In section 460(3)(b) (sums received by the DPPNI) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

Crime (International Co-operation) Act 2003

I42576

1

Amend the Crime (International Co-operation) Act 2003350 as follows.

2

In section 29 (hearing witnesses abroad through television links)—

a

in subsection (1) omit “or Article 80A(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12))”;

b

after subsection (2) insert—

3
The Department of Justice in Northern Ireland may by order provide for Article 80A(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989351 (proceedings in which evidence may be given through television link) to apply to any further description of criminal proceedings, or to all criminal proceedings.

3

In section 50 (subordinate legislation)—

a

after subsection (1) insert—

1A
Any power to make an order conferred by this Part on the Department of Justice in Northern Ireland is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979352.

b

in subsection (2) for “Such an order” substitute “An order made under this Part by the Secretary of State, the Treasury, the Scottish Ministers or the Department of Justice”;

c

after subsection (5) insert—

6
An order made by the Department of Justice is to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Sexual Offences Act 2003

I42677

1

Amend the Sexual Offences Act 2003353 as follows.

2

In section 136 (modifications of Part 2 for Northern Ireland) after subsection (10) insert—

11
References to the Secretary of State, except in sections 94 and 95, are to be read as references to the Department of Justice in Northern Ireland.

3

In section 138 (orders and regulations) after subsection (4) insert—

5
Any power of the Department of Justice in Northern Ireland to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979354.
6
An order or regulations under any of sections 83 to 86 or section 130 may not be made by the Department of Justice unless a draft of the order or regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
7
Section 41(3) of the Interpretation Act (Northern Ireland) 1954355 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
8
Any other order or regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954356).
9
Orders or regulations made by the Department of Justice may—
a
make different provision for different purposes;
b
include supplementary, incidental, consequential, transitional, transitory or saving provisions.

Criminal Justice Act 2003

I42778

1

Amend the Criminal Justice Act 2003357 as follows.

2

In section 50(10) (application of Part 7 to Northern Ireland), after “47(8)” insert

—
a
for “Secretary of State” substitute “Department of Justice in Northern Ireland”; and
b

3

In section 97 (application of Criminal Appeal Acts to proceedings under Part 10)—

a

omit the words “or the Criminal Appeal (Northern Ireland) Act 1980 (c.47)”;

b

the remaining words become subsection (1);

c

in subsection (1) after “to proceedings” insert “in England and Wales”;

d

after subsection (1) insert—

2
Subject to the provisions of this Part, the Department of Justice in Northern Ireland may make an order containing provision, in relation to proceedings in Northern Ireland before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal (Northern Ireland) Act 1980358 (subject to any specified modifications).

4

After section 330 insert—

330AOrders: Northern Ireland
1
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979359.
2
The Department of Justice shall not make any order—
a
making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or
b
under section 336(3) bringing section 43 into force,
unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
3
Section 41(3) of the Interpretation Act (Northern Ireland) 1954360 applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
4
Any other order made by the Department of Justice under section 333, or an order made by the Department of Justice under section 47(8) or 97(2), is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954361).
5
Any power of the Department of Justice to make an order under this Act—
a
may be exercised so as to make different provision for different purposes or different areas, and
b
may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes.
6
The power includes power to make—
a
any supplementary, incidental or consequential provision, and
b
any transitory, transitional or saving provision,
which the Department of Justice considers necessary or expedient.

5

In section 333 (supplementary and consequential provision, etc.)—

a

after subsection (1) insert—

1A
In the application of this section to Northern Ireland, any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

b

in subsection (3) after “330(4)(b)” insert “or 330A(6)(b)”.

6

In section 336 (commencement) after subsection (4) insert—

5
For the purposes of the law of Northern Ireland, the power in subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).

Commissioner for Children and Young People (Northern Ireland) Order 2003

I42879

1

Amend the Commissioner for Children and Young People (Northern Ireland) Order 2003362 as follows.

2

In paragraph 13 of Schedule 1 (relevant authorities) for “Secretary of State” substitute “Department of Justice”.

Justice (Northern Ireland) Act 2004

I42980

Amend the Justice (Northern Ireland) Act 2004363 as follows.

I43081

1

Amend section 8 (guidance on human rights standards) as follows.

2

In subsection (3)(b) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

3

After subsection (3) insert—

3A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3)(b) in relation to the laying of any guidance as it applies in relation to the laying of a statutory document under an enactment.

4

In subsection (4)—

a

for “Northern Ireland Office” (in both places) substitute “Department of Justice”;

b

in paragraph (e)—

i

omit “functions exercised by”;

ii

before sub-paragraph (i) insert—

ai
the Department’s functions mentioned in section 69(1) of the Judicature (Northern Ireland) Act 1978364,

iii

at the beginning of each of sub-paragraphs (i) to (v) insert “functions exercised by”.

I43182

1

Amend section 21 (statutory rules) as follows.

2

In subsection (2) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

3

After subsection (2) insert—

2A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

4

In subsection (3) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

Gender Recognition Act 2004

I43283

1

Amend section 22 of the Gender Recognition Act 2004365 (prohibition on disclosure of information) as follows.

2

After subsection (6) insert—

6A
The power conferred by subsection (5) is exercisable by the Department of Justice in Northern Ireland (rather than the Secretary of State) where the provision to be made could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998366).

Domestic Violence, Crime and Victims Act 2004

I43384

Amend the Domestic Violence, Crime and Victims Act 2004367 as follows.

I43485

1

Amend section 9 (establishment and conduct of domestic homicide reviews) as follows.

2

After subsection (3) insert—

3A
Any reference in subsection (2) or (3) to the Secretary of State shall, in relation to persons and bodies within subsection (4)(b), be construed as a reference to the Department of Justice in Northern Ireland.

3

In subsection (6)—

a

after “may” insert “, in relation to England and Wales,”;

b

for “(4)” substitute “(4)(a)”.

4

After subsection (6) insert—

7
The Department of Justice in Northern Ireland may, in relation to Northern Ireland, by order amend subsection (4)(b).

I43586

1

Amend section 18A (appeals in respect of hearings under section 18(1)(b)), as it applies to Northern Ireland by virtue of section 21 and paragraph 1 of Schedule 1, as follows.

2

In subsection (7) for “Secretary of State” substitute “Department of Justice”.

3

Omit subsection (8).

I43687

In section 56 (grants for assisting victims, witnesses etc.) after subsection (2) insert—

3
In the application of this section to Northern Ireland, any reference in subsection (1) or (2) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

I43788

1

Amend section 61 (orders) as follows.

2

In subsection (2) after “power” insert “of the Secretary of State”.

3

After subsection (4) insert—

5
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979368.
6
An order made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954369).

Constitutional Reform Act 2005

I43889

1

Amend the Constitutional Reform Act 2005370 as follows.

2

In sections 27(2)(e) and 28(5)(e) (consultation during selection process for judge of Supreme Court) for “Secretary of State for Northern Ireland” substitute “Northern Ireland Judicial Appointments Commission”.

Police and Justice Act 2006

I43990

1

Amend the Police and Justice Act 2006371 as follows.

2

In section 13(2)(b) (supply of information to police etc. by Registrar General: exercise of power to make order under section 13(1)(d)) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

3

In section 49 (orders and regulations) after subsection (8) insert—

9
The power of the Department of Justice in Northern Ireland to make an order under section 13(1)(d) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subsection (3) above applies in relation to the power as it applies in relation to a power mentioned in subsection (1) above.
10
An order made by the Department of Justice under section 13(1)(d) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Counter-Terrorism Act 2008

I44091

1

Amend the Counter-Terrorism Act 2008372 as follows.

2

In section 45(3)(a)(vi) (sentences or orders triggering notification requirements) for “Secretary of State” substitute “Minister in charge of the Department of Justice”.

3

In section 53(2)(c)(v) (period for which notification requirements apply) for “Secretary of State” substitute “Minister in charge of the Department of Justice”.

Taxis Act (Northern Ireland) 2008

I44192

1

Amend the Taxis Act (Northern Ireland) 2008373 as follows.

2

In section 42(1) (regulations concerning seized vehicles and equipment) for “Secretary of State” substitute “Department of Justice”.

3

In section 56 (orders and regulations)—

a

in subsection (2) for “Secretary of State” substitute “Department of Justice”;

b

in subsection (4) for “Subject to subsection (5), an” substitute “An”;

c

omit subsection (5).

Coroners and Justice Act 2009

I44293

Amend the Coroners and Justice Act 2009374 as follows.

I44394

1

Amend section 74 (anonymity in investigations: qualifying offences) as follows.

2

In subsection (4) for “Secretary of State” substitute “appropriate authority”.

3

In subsection (5), at the appropriate place, insert—

“the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland;

I44495

1

Amend section 75 (anonymity in investigations: qualifying investigations) as follows.

2

After subsection (4) insert—

5
The power to make an order under subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998375).

I44596

1

Amend section 77 (anonymity in investigations: applications) as follows.

2

After subsection (8) insert—

9
The power to make an order under subsection (7) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

I44697

1

Amend section 78 (anonymity in investigations: conditions for making order) as follows.

2

In subsection (10) for “Secretary of State” substitute “appropriate authority”.

3

After subsection (11) insert—

12
In subsection (10) “the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland.

I44798

1

Amend section 83 (review of Chapter 1 of Part 3) as follows.

2

In subsection (1) after “Chapter” insert “in England and Wales”.

3

After subsection (2) insert—

3
The Department of Justice in Northern Ireland must review the operation of this Chapter in Northern Ireland and prepare a report of that review.
4
The Department of Justice must lay a copy of the report before the Northern Ireland Assembly before the end of the period of 2 years beginning with the day on which section 77 comes into force.
5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954376 applies for the purposes of subsection (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

I44899

In section 161 (exploitation proceeds orders: applications) after subsection (5) insert—

6
In the application of this section to Northern Ireland, in subsections (2)(a)(ii) and (4) references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

I449100

In section 166 (exploitation proceeds orders: effect of conviction being quashed etc) after subsection (9) insert—

9A
In the case of an exploitation proceeds order made in Northern Ireland on the application of an enforcement authority other than the Serious Organised Crime Agency, references in this section to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

I450101

1

Amend section 176 (orders etc) as follows.

2

After subsection (2) insert—

2A
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979377.

3

After subsection (6) insert—

7
No order may be made under this Act by the Department of Justice in Northern Ireland unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
8
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
9
Subsection (7) does not apply to the making by the Department of Justice of—
a
an order under section 177 which does not contain any provision amending or repealing any provision of an Act;
b
an order under section 182;
and an order within paragraph (a) above made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954378).

I451102

1

Amend section 177 (consequential amendments etc) as follows.

2

After subsection (3) insert—

3A
In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998379), in subsection (3) references to the appropriate minister are to be read as references to the Department of Justice in Northern Ireland.

I452103

1

Amend section 182 (commencement) as follows.

2

After subsection (5) insert—

6
The power to make provision by order under subsection (4) or (5) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor or the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
7
Before making an order under subsection (4) or (5) bringing into force any provision for the purposes of the law of Northern Ireland, the Lord Chancellor or the Secretary of State must consult the Department of Justice.

I453104

1

Amend Schedule 16 (extension of disqualification for driving) as follows.

2

In paragraph 1, in the inserted Article 8A(10), for the words from “annulment” to “accordingly” substitute “negative resolution”.

3

In paragraph 4, in the inserted Article 40A—

a

in paragraph (9) for “Secretary of State” substitute “Department of Justice”;

b

in paragraph (10) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Policing and Crime Act 2009

I454105

Amend the Policing and Crime Act 2009380 as follows.

I455106

After section 113 insert—

113ANorthern Ireland: minor and consequential amendments etc
1
In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998381), in sections 112(3) and 113 references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.
2
The power of the Department of Justice to make an order under section 112 or 113 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
3
Section 112(6) to (8) does not apply in relation to the power of the Department of Justice to make an order under section 112.
4
The Department of Justice may not make an order under section 112 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
5
Subsection (4) does not apply to an order if the order does not amend or repeal a provision of a public general Act.
6
An order made by the Department of Justice under section 112 to which subsection (4) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
7
Section 112(9) applies for the purposes of subsection (5) as it applies for the purposes of section 112(7).
8
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

I456107

1

Amend section 116 (commencement) as follows.

2

After subsection (1) insert—

1A
The power to make provision by order under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

3

In subsection (2) after “Secretary of State” insert “(but not the Department of Justice)”.

4

In subsection (7)(a) after “instrument” insert “(subject to subsection (8))”.

5

After subsection (7) insert—

8
The power of the Department of Justice in Northern Ireland to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

I457108

1

Amend Schedule 2 (closure orders) as follows.

2

In paragraph 1, in the inserted section 136R, after subsection (8) insert—

8A
In the application of this Part to Northern Ireland, references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

3

In paragraph 2 for “subsection (2)” substitute “subsections (2) and (6)”.

SCHEDULE 15Serious Organised Crime and Police Act 2005

Article 13

I4581

Amend the Serious Organised Crime and Police Act 2005382 as follows.

I4592

1

Amend section 6 (annual plans) as follows.

2

In subsection (7) after paragraph (b) insert—

ba
the Department of Justice in Northern Ireland,

3

In subsection (9)—

a

omit the word “and” at the end of paragraph (a); and

b

after paragraph (a) insert—

aa
consult the Department of Justice in Northern Ireland and agree with the Department what provision the plan is to make for Northern Ireland by virtue of subsection (2); and

I4603

1

Amend section 7 (annual reports) as follows.

2

In subsection (4) after paragraph (b) insert—

ba
the Department of Justice in Northern Ireland,

3

After subsection (7) insert—

8
The Department of Justice in Northern Ireland must lay a copy of the annual report before the Northern Ireland Assembly.
9
Section 41(3) of the Interpretation Act (Northern Ireland) 1954383 applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

I4614

After section 8 insert—

8AGeneral duty of the Department of Justice in Northern Ireland
The Department of Justice in Northern Ireland must exercise the powers conferred on it under this Chapter in such manner and to such extent as appears to it to be best calculated to promote the efficiency and effectiveness of SOCA.

I4625

In section 9(2) (strategic priorities for SOCA)—

a

omit the word “and” at the end of paragraph (b); and

b

after paragraph (b) insert—

ba
the Department of Justice in Northern Ireland, and

I4636

1

Amend section 10 (codes of practice for SOCA) as follows.

2

In subsection (3)—

a

omit the word “and” at the end of paragraph (b); and

b

after paragraph (b) insert—

ba
the Department of Justice in Northern Ireland, and

3

After subsection (7) insert—

8
The Secretary of State must provide the Department of Justice in Northern Ireland with a copy of anything laid before Parliament under subsection (4).

I4647

In section 11 (reports to Secretary of State) after subsection (3) insert—

3A
The Secretary of State must consult the Department of Justice in Northern Ireland before imposing any requirement under that subsection relating to any functions or activities of SOCA—
a
exercised or carried out in Northern Ireland, or
b
exercised or carried out outside, but in relation to, Northern Ireland.

I4658

In section 12 (power to direct submission of action plan) after subsection (6) insert—

6A
The Secretary of State must consult the Department of Justice in Northern Ireland before giving any direction under this section in connection with any functions or activities of SOCA—
a
exercised or carried out in Northern Ireland, or
b
exercised or carried out outside, but in relation to, Northern Ireland.

I4669

In section 13 (revision of inadequate action plan) after subsection (3) insert—

3A
The Secretary of State must consult the Department of Justice in Northern Ireland before forming an opinion for the purposes of subsection (1) as to any remedial measures proposed in connection with any functions or activities of SOCA—
a
exercised or carried out in Northern Ireland, or
b
exercised or carried out outside, but in relation to, Northern Ireland.

I46710

In section 15 (reports relating to directions under section 12)—

a

in subsection (4)(b) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”; and

b

after subsection (5) insert—

6
The Department of Justice in Northern Ireland must lay before the Northern Ireland Assembly any copy of a report sent to it under subsection (4).
7
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

I46811

1

Amend section 16 (inspections of SOCA) as follows.

2

After subsection (3) insert—

3A
Before requesting an inspection that would fall to be carried out wholly or partly in Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.

3

In subsection (9) after paragraph (b) insert—

and
c
if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

4

In subsection (11) after paragraph (b) insert—

and
c
if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

I46912

In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements) after subsection (10) insert—

10A
If the assistance mentioned in subsection (8) or (9) is provided for or (as the case may be) by—
a
the Police Service of Northern Ireland, or
b
the Police Service of Northern Ireland Reserve,
the Secretary of State must, before making a determination under the subsection in question, consult the Department of Justice in Northern Ireland.

I47013

1

Amend section 24 (mutual assistance between SOCA and law enforcement agencies: directed arrangements) as follows.

2

In subsection (2)(a) omit “or Northern Ireland”.

3

In subsection (2)(c) after “Scottish Administration” insert “or a Northern Ireland department”.

I47114

After section 25 insert—

25ADirected arrangements: Northern Ireland
1
This section applies where it appears to the Department of Justice in Northern Ireland—
a
that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within subsection (2),
b
that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and
c
that satisfactory arrangements cannot be made, or cannot be made in time, under section 23.
2
The bodies within this subsection are—
a
the Police Service of Northern Ireland, and
b
the Police Service of Northern Ireland Reserve.
3
In a case where this section applies the Department of Justice in Northern Ireland may (as appropriate)—
a
direct the Chief Constable of the Police Service of Northern Ireland to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;
b
with the agreement of the Secretary of State, direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.
4
Subsections (6) to (9) and (10A) of section 23 apply in relation to assistance provided under this section—
a
by SOCA to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, or
b
to SOCA by the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
as they apply in relation to assistance so provided under that section.

I47215

In section 26 (use by SOCA of police premises etc.) after subsection (6) insert—

6A
In the application of this section in relation to arrangements with the Northern Ireland Policing Board, any reference in subsection (2), (3), (5) or (6) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.
6B
But the Department may give a direction under subsection (2) to SOCA only with the agreement of the Secretary of State.

I47316

In section 41 (directions) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

I47417

In section 47(5)(a) (agreement about exercise of powers of constable in Northern Ireland) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

I47518

In section 52 (modification of enactments) after subsection (7) insert—

8
Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.
9
The power conferred by subsection (1) is exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made is within the legislative competence of the Northern Ireland Assembly.
10
But the Department of Justice may make an order under subsection (1) only with the agreement of the Secretary of State.

I47619

1

Amend section 74 (assistance by defendant: review of sentence) as follows.

2

In subsection (12) for the words from “the Secretary of State” to the end substitute—

a
the Secretary of State may, in relation to proceedings in England and Wales, make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968384 (subject to any specified modifications);
b
the Department of Justice in Northern Ireland may, in relation to proceedings in Northern Ireland, make an order containing provision corresponding to any provision in the Criminal Appeal (Northern Ireland) Act 1980385 (subject to any specified modifications).

I47720

In section 82(6) (protection of persons involved in investigations or proceedings) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

I47821

In section 87 (defences to liability under section 86)—

a

in subsection (5) omit “or in Northern Ireland”; and

b

after subsection (6) insert—

6A
The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in Northern Ireland of an offence under that section.

I47922

In section 89 (defences to liability under section 88)—

a

in subsection (5) omit “or in Northern Ireland”; and

b

after subsection (6) insert—

6A
The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in Northern Ireland of an offence under that subsection.

I48023

1

Amend section 97 (confiscation orders) as follows.

2

In subsection (1) omit—

a

the “or” after paragraph (a),

b

paragraph (b), and

c

the words “or Northern Ireland (as the case may be)”.

3

After subsection (1) insert—

1A
The Department of Justice in Northern Ireland may by order make such provision as the Department considers appropriate for or in connection with enabling confiscation orders under Part 4 of the 2002 Act386 (confiscation: Northern Ireland) to be made by magistrates’ courts in Northern Ireland.

4

In subsections (2) and (3) after “(1)” insert “or (1A)”.

5

In subsection (3)—

a

after “2002 Act” insert “(as the case may be)”;

b

for “either (or any provision) of those Parts” substitute “that Part (or any provision of that Part)”.

I48124

In section 172 (orders and regulations) after subsection (8) insert—

9
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979387.
10
Any such power—
a
may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and
b
includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Department of Justice considers appropriate.
11
Subject to subsections (12) and (13), orders made by the Department of Justice under this Act are to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954388).
12
Subsection (11) does not apply to any order under section 178.
13
Subsection (11) also does not apply to—
a
any order under section 52;
b
any order under section 87(6A);
c
any order under section 89(6A);
d
any order under section 97(1A);
e
any order under section 173 which amends or repeals any provision of an Act,
and no such order may be made by the Department of Justice (whether alone or with other provisions) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
14
Section 41(3) of the Interpretation Act (Northern Ireland) 1954389 applies for the purposes of subsection (13) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

I48225

In section 173 (supplementary, incidental, consequential etc. provision) after subsection (6) insert—

6A
Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.
6B
The power conferred by subsection (1) is exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made is for the general purposes of this Act and would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.
6C
The power conferred by subsection (1) is also exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made—
a
is for the purposes of, in consequence of, or for giving full effect to—
i
section 78, or
ii
so far as extending to Northern Ireland, any provision mentioned in section 178(7A), and
b
would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.
6D
The Department of Justice shall not, without the consent of the Secretary of State, make an order by virtue of subsection (6B) or (6C) in relation to which, were the order a Bill of the Northern Ireland Assembly, the Secretary of State’s consent would be required under section 8 of the Northern Ireland Act 1998390.

I48326

1

Amend section 178 (commencement) as follows.

2

After subsection (7) insert—

7A
The following provisions, so far as they extend to Northern Ireland, come into force on such day as the Department of Justice in Northern Ireland may by order appoint—
a
section 144 so far as it relates to Part 2 of Schedule 10,
b
section 163(1),
c
section 163(3) so far as it relates to paragraphs 4 and 10 of Schedule 14,
d
Part 2 of Schedule 10, and
e
paragraphs 4 and 10 of Schedule 14.

3

After subsection (11) insert—

12
The power conferred by subsection (10) is exercisable by the Department of Justice in Northern Ireland (rather than the Secretary of State) in connection with any provision of this Act which comes into force by order made by the Department of Justice.

I48427

1

Amend Schedule 1 (SOCA) as follows.

2

In paragraph 1(4) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

3

In paragraph 9(3)—

a

omit the word “and” at the end of paragraph (a); and

b

after paragraph (b) insert—

, and
c
the Department of Justice in Northern Ireland.

4

In paragraph 10(6)—

a

omit the word “and” at the end of paragraph (a); and

b

after paragraph (b) insert—

, and
c
the Department of Justice in Northern Ireland.

SCHEDULE 16Amendments relating to the Private Security Industry

Article 14

Private Security Industry Act 2001

I4851

Amend the Private Security Industry Act 2001391 as follows.

I4862

1

Amend section 2 (directions etc. by the Secretary of State) as follows.

2

After subsection (2) insert—

2A
Before giving a direction under subsection (1) the Secretary of State must obtain the consent of the Department of Justice so far as the direction relates to the Authority’s activities in or as regards Northern Ireland.

3

In subsection (3)—

a

at the end of paragraph (b) insert “and”; and

b

after paragraph (b) insert—

c
the Department of Justice with such information about the Authority’s activities in or as regards Northern Ireland as the Department of Justice may request.

I4873

In section 3 (conduct prohibited without a licence), after subsection (3A) insert—

3B
In the application of this Act to Northern Ireland—
a
the reference in subsection (3) to the Secretary of State must be construed as a reference to the Department of Justice;
b
before making any order under subsection (3) the Department of Justice must consult the Secretary of State.

I4884

In section 7(5A) (licensing criteria) after “Scottish Ministers” insert “and the Department of Justice”.

I4895

1

Amend section 24 (orders and regulations) as follows.

2

In subsection (1A) after “Scottish Ministers” insert “; and in Northern Ireland “prescribed” in that paragraph includes prescribed by regulations made by the Department of Justice”.

3

After subsection (3A) insert—

3B
Any power of the Department of Justice to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979392.
3C
Orders and regulations made by the Department of Justice under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954393).

4

In subsection (4) before “and the Authority” insert “, the Department of Justice”.

5

After subsection (4) insert—

4A
Before making any order or regulations under any provision of this Act, the Department of Justice shall consult the Authority.

6

In subsection (5)(b), in the parentheses, after “Scottish Ministers think fit” insert “, or where the order is, or the regulations are, made by the Department of Justice, as the Department of Justice thinks fit”.

I4906

In section 25(1) (interpretation) after the definition of “contravention” insert—

“the Department of Justice” means the Department of Justice in Northern Ireland;

I4917

1

Amend Schedule 1 (the Security Industry Authority) as follows.

2

In paragraph 1(4) after “Scottish Ministers” insert “and the Department of Justice”.

3

In paragraph 3(2) after “Scottish Ministers” insert “and the Department of Justice”.

4

In paragraph 6(2A) after “Scottish Ministers” insert “and the Department of Justice”.

5

In paragraph 14 after sub-paragraph (1A) insert—

1B
The Department of Justice may make payments to the Authority in relation to the exercise by the Authority of its functions in or as regards Northern Ireland.

6

In paragraph 16—

a

in sub-paragraph (3) after “Scottish Ministers” insert “, to the Department of Justice”; and

b

after sub-paragraph (3A) insert—

3B
The Department of Justice shall lay documents received by it under sub-paragraph (3) before the Northern Ireland Assembly.
3C
Section 41(3) of the Interpretation Act (Northern Ireland) 1954394 applies for the purposes of sub-paragraph (3B) in relation to the laying of documents received under sub-paragraph (3) as it applies in relation to the laying of a statutory document under an enactment.

7

In paragraph 17—

a

in sub-paragraph (1) for “and to the Scottish Ministers” substitute “, the Scottish Ministers and the Department of Justice”; and

b

after sub-paragraph (3) insert—

4
The Department of Justice shall lay a copy of each such report before the Northern Ireland Assembly.
5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954395 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

SCHEDULE 17Enactments under which functions of Lord Chancellor are transferred to the Department of Justice

Article 15(1)

Acts of the Parliament of the United Kingdom

I4921

Maintenance Orders (Facilities for Enforcement) Act 1920396 so far as relating to Northern Ireland.

I4932

Arbitration (International Investment Disputes) Act 1966397 so far as relating to Northern Ireland.

I4943

Paragraph 13 of Schedule 3 to the Misuse of Drugs Act 1971398 so far as relating to Northern Ireland.

I4954

Maintenance Orders (Reciprocal Enforcement) Act 1972399 so far as relating to Northern Ireland, except section 49(2).

I4965

Litigants in Person (Costs and Expenses) Act 1975400 so far as relating to Northern Ireland.

I4976

The following provisions of the Judicature (Northern Ireland) Act 1978401—

a

section 7(4)402, so far as relating to the payment (but not the determination) of remuneration and allowances;

b

sections 47(5)403 and 53(1)(f) and (2)404;

c

section 53A405, except so far as relating to the functions of the Lord Chancellor in relation to Crown Court rules which deal (or would deal) with an excepted matter;

d

section 54(1)(c), (5)406 and (6);

e

section 55A407, except so far as relating to the functions of the Lord Chancellor in relation to rules which deal (or would deal) with an excepted matter;

f

sections 56(4)408, 68(3), (5) and (6) and 68A409;

g

section 74(5)410, so far as relating to the payment (but not the determination) of remuneration and allowances;

h

sections 75(1), (7) and (9)411, 77(1)412, 79(1)413, 81(a)(iv)414, 82(1), 85415, 102(2), 103(6), (7) and (9)416 and 116(1) and (2);

i

section 117A417, so far as relating to the payment (but not the determination) of allowances;

j

paragraph 9 of Schedule 6418.

I4987

Criminal Appeal (Northern Ireland) Act 1980419.

I4998

Civil Jurisdiction and Judgments Act 1982420 so far as relating to Northern Ireland.

I5009

Section 25(3)(c) of the Administration of Justice Act 1982421.

I50110

Section 4F(3)(c) of the Repatriation of Prisoners Act 1984422.

I50211

Multilateral Investment Guarantee Agency Act 1988423 so far as relating to Northern Ireland.

I50312

Social Security Administration (Northern Ireland) Act 1992424, except functions transferred by virtue of paragraph 24 of Schedule 4 to the Northern Ireland Act 2009425.

I50413

Arbitration Act 1996426 so far as relating to Northern Ireland.

I50514

Defamation Act 1996427 so far as relating to Northern Ireland.

I50615

Damages Act 1996428 so far as relating to Northern Ireland.

I50716

Paragraph 39(6) of Schedule 10 to the Northern Ireland Act 1998429.

I50817

Sections 2(2), 9A(2), 10(4) and 12(1B)(c) of, and paragraphs 1(2), 5, 6, 7, 10(3), 11, 13, 14 and 15 of Schedule 3A and paragraphs 4 and 5 of Schedule 4 to, the Justice (Northern Ireland) Act 2002430.

I50918

Section 221(3)(b) of the Proceeds of Crime Act 2002431.

I51019

The following provisions of the Courts Act 2003432—

a

section 102;

b

section 109, so far as relating to Northern Ireland.

I51120

Schedule 3 to the Justice (Northern Ireland) Act 2004433.

I51221

The following provisions of the Civil Partnership Act 2004434—

a

section 188;

b

Schedules 15 to 17.

I51322

Paragraphs 9(1), 12(1) and 14(2) and (3) of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007435.

I51423

Sections 132(1) and 163(1) of the Banking Act 2009436 so far as relating to Northern Ireland.

Acts of the Parliament of Northern Ireland

I51524

Administration of Justice Act (Northern Ireland) 1954437.

I51625

Coroners Act (Northern Ireland) 1959438, except for sections 2(1) and 36.

I51726

Costs in Criminal Cases Act (Northern Ireland) 1968439.

I51827

Children and Young Persons Act (Northern Ireland) 1968440.

Orders in Council

I51928

Family Law Reform (Northern Ireland) Order 1977441.

I52029

Fatal Accidents (Northern Ireland) Order 1977442.

I52130

Rates (Northern Ireland) Order 1977443, except functions which are transferred by virtue of paragraph 9 of Schedule 4 to the Northern Ireland Act 2009444.

I52231

Matrimonial Causes (Northern Ireland) Order 1978445.

I52332

Administration of Estates (Northern Ireland) Order 1979446.

I52433

County Courts (Northern Ireland) Order 1980447, except for Article 47 so far as relating to the functions of the Lord Chancellor in relation to county court rules which deal (or would deal) with an excepted matter.

I52534

Domestic Proceedings (Northern Ireland) Order 1980448.

I52635

Judgments Enforcement (Northern Ireland) Order 1981449.

I52736

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981450.

I52837

Magistrates’ Courts (Northern Ireland) Order 1981451, except for Article 13(3A) to (3D) so far as relating to the functions of the Lord Chancellor in relation to magistrates’ courts rules which deal (or would deal) with an excepted matter.

I52938

Forfeiture (Northern Ireland) Order 1982452.

I53039

Mental Health (Northern Ireland) Order 1986453, except functions which are transferred by virtue of paragraph 20 of Schedule 4 to the Northern Ireland Act 2009454.

I53140

Matrimonial and Family Proceedings (Northern Ireland) Order 1989455.

I53241

Police and Criminal Evidence (Northern Ireland) Order 1989456.

I53342

Child Support (Northern Ireland) Order 1991457, except for paragraph 4 of Schedule 4 so far as relating to the determination (but not the payment) of pensions.

I53443

Family Law (Northern Ireland) Order 1993458.

I53544

Children (Northern Ireland) Order 1995459.

I53645

Juries (Northern Ireland) Order 1996460.

I53746

Road Traffic Offenders (Northern Ireland) Order 1996461.

I53847

Family Homes and Domestic Violence (Northern Ireland) Order 1998462.

I53948

Road Traffic (New Drivers) (Northern Ireland) Order 1998463.

I54049

Social Security (Northern Ireland) Order 1998464, except functions which are transferred by virtue of paragraphs 29 to 31 of Schedule 4 to the Northern Ireland Act 2009465.

I54150

Fair Employment and Treatment (Northern Ireland) Order 1998466, except functions which are transferred by virtue of paragraph 32 of Schedule 4 to the Northern Ireland Act 2009467.

I54251

Criminal Evidence (Northern Ireland) Order 1999468.

I54352

Insolvency (Northern Ireland) Order 2002469.

I54453

Access to Justice (Northern Ireland) Order 2003470, except for paragraph 17 of Schedule 1.

I54554

Insolvency (Northern Ireland) Order 2005471.

I54655

Traffic Management (Northern Ireland) Order 2005472, except functions which are transferred by virtue of paragraph 42 of Schedule 4 to the Northern Ireland Act 2009473.

I54756

Article 61(6) of the Criminal Justice (Northern Ireland) Order 2008474.

Acts of the Northern Ireland Assembly

I54857

Paragraph 20 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000475.

I54958

The following provisions of the Charities Act (Northern Ireland) 2008476—

a

section 13;

b

paragraph 6 of Schedule 2.

SCHEDULE 18Amendments relating to Article 15(1) to (4) etc

Article 15(5)

PART 1Acts of the Parliament of the United Kingdom

Arbitration (International Investment Disputes) Act 1966

I5501

1

Amend the Arbitration (International Investment Disputes) Act 1966477 as follows.

2

In section 8 (application to Northern Ireland) after paragraph (b) insert—

c
in relation to the power by order under section 3 to direct that provisions of the Arbitration Act 1996478 shall apply to such proceedings pursuant to the Convention as are specified in the order, being proceedings taking place in Northern Ireland, for the reference in that section to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland;
d
section 3(3)(b) shall not apply to an order made by the Department of Justice in Northern Ireland under section 3; but any such order shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Misuse of Drugs Act 1971

I5512

Amend the Misuse of Drugs Act 1971479 as follows.

I5523

In paragraph 21 of Schedule 3 (application to Northern Ireland), in the entry for paragraph 13—

a

after “Minister of Home Affairs for Northern Ireland” insert “and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland”;

b

in the inserted sub-paragraph (3) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

Maintenance Orders (Reciprocal Enforcement) Act 1972

I5534

Amend the Maintenance Orders (Reciprocal Enforcement) Act 1972480 as follows.

I5545

In sections 14(2)(b) and 38(3)(b) (obtaining evidence) for “Parliament” substitute “the Northern Ireland Assembly”.

I5556

1

Amend section 48 (special provisions relating to Northern Ireland) as follows.

2

Omit subsection (1).

3

After subsection (5) insert—

6
In the application of this Act to Northern Ireland, for any reference to the Lord Chancellor (including any reference which is treated as a reference to the Lord Chancellor, but not including any such reference in section 49(2)) there shall be substituted a reference to the Department of Justice in Northern Ireland.

Litigants in Person (Costs and Expenses) Act 1975

I5567

Amend the Litigants in Person (Costs and Expenses) Act 1975481 as follows.

I5578

For section 1(5) (costs or expenses recoverable: application to Northern Ireland) substitute—

5
In the application of this section to Northern Ireland—
a
in subsection (1)—
i
the expressions “county court”, “the High Court” and “the Court of Appeal” shall have the meanings respectively assigned to them by section 29(1) of the Northern Ireland Act 1962482;
ii
the reference to the Lord Chancellor shall be construed as a reference to the Department of Justice in Northern Ireland;
b
in subsection (3) for “by statutory instrument” to “Parliament” there is substituted “by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979483; and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954484”.

Aircraft and Shipbuilding Industries Act 1977

F19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicature (Northern Ireland) Act 1978

I55810

Amend the Judicature (Northern Ireland) Act 1978486 as follows.

I55911

1

Amend section 3 (the Court of Appeal) as follows.

2

Omit subsection (5).

3

For subsection (6) substitute—

6
The Department of Justice may by order from time to time create divisions or additional divisions of the Court of Appeal or provide any division be abolished; and any such order—
a
may contain such provision as may appear to the Department to be necessary or proper for that purpose; and
b
may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to the Department to be necessary or expedient in consequence of the order.

I56012

In section 5(2) (divisions of the High Court)—

a

for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b

for “such Order in Council” substitute “such order”.

I56113

In section 7(4) (further assistance for transaction of judicial business) for “there may be paid” substitute “the Department of Justice shall pay”.

I56214

In section 53A (making of Crown Court rules)—

a

after subsection (1) insert—

1A
For the purposes of this section, “relevant authority” means—
a
in relation to Crown Court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998487.

b

for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c

in subsection (3) for “him” substitute “it”;

d

in subsections (5) and (6) for “he” substitute “it”.

I56315

In section 55A (making of rules for High Court and Court of Appeal)—

a

after subsection (1) insert—

1A
For the purposes of this section, “relevant authority” means—
a
in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

b

for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c

in subsections (3), (4) and (5) for “him” substitute “it”;

d

in subsections (5) and (6) for “he” (wherever occurring) substitute “it”.

I56416

In section 56 (control and publication of rules) for subsection (1) substitute—

1
Rules made by the Rules Committee shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954488.

I56517

In section 62 (trial with and without jury)—

a

in subsection (6) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b

omit subsection (7).

I56618

In section 68A (duty to secure system to support courts’ business)—

a

in the heading for “Lord Chancellor’s duty” substitute “Department of Justice’s duty”;

b

in subsection (2) for “both Houses of Parliament” substitute “the Northern Ireland Assembly”;

c

after subsection (2) insert—

3
Section 41(3) of the Interpretation Act (Northern Ireland) 1954489 applies for the purposes of subsection (2) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.

I56719

In section 70 (appointment of statutory officers) after subsection (1B) insert—

1C
Any salary or other amounts payable under subsection (1B) shall be paid by the Department of Justice.

I56820

In section 74(5) (deputies and temporary appointments)—

a

for “The Lord Chancellor may pay” substitute “The Department of Justice shall pay”;

b

for “as he may” substitute “as the Lord Chancellor may”.

I56921

In section 75(8) (Official Solicitor) for “of the State for the purposes of section 1 of the Superannuation Act 1972 (Principal Civil Service Pension Scheme)” substitute “of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972490”.

I57022

1

In section 78 (accounts of funds in court)—

a

in subsection (1)(b) for “Treasury” substitute “Department of Finance and Personnel”;

b

in subsections (2) and (3) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

c

in subsection (3) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

d

after subsection (4) insert—

5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

2

Sub-paragraph (1) above does not apply in relation to an accounting period ending before the coming into force of this Order.

I57123

In section 85 (provision for default to be made good) for “Consolidated Fund” substitute “Consolidated Fund of Northern Ireland”.

I57224

In section 97 (civil jurisdiction exercisable by circuit registrars)—

a

in subsection (2) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;

b

in subsection (3)—

i

for “Order in Council” substitute “order”;

ii

for “Her Majesty” substitute “the Department of Justice”;

c

omit subsection (4).

I57325

In section 117A (allowances for judges) for “The Lord Chancellor shall pay” substitute “The Department of Justice shall pay”.

I57426

1

Section 119 (subordinate legislation) (as amended by the Northern Ireland Act 2009491 and the Department of Justice Act (Northern Ireland) 2010492) is amended as follows.

2

For subsections (1) to (3) substitute—

1
Any power conferred by the preceding provisions of this Act on the Department of Justice to make an order or rules or on the Lord Chief Justice to make regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979493.
2
Any statutory rule made under section 2(3), 3(4) or (6), 62(6) or 97(2) is subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954494).
3
Any other statutory rule made under this Act by the Department of Justice (except an order under section 68(3) or 116) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

3

In subsection (4)—

a

omit “and any power conferred by this Act to make an Order in Council”;

b

for “or Order in Council by a subsequent order or Order in Council” substitute “by a subsequent order”.

I57527

In section 121(1) (financial provisions) for “government department” substitute “department of the Government of the United Kingdom”.

Civil Jurisdiction and Judgments Act 1982

I57628

Amend the Civil Jurisdiction and Judgments Act 1982495 as follows.

I57729

In section 5(1) (maintenance orders under 1968 Convention)—

a

in paragraph (a) omit “and Northern Ireland”;

b

after paragraph (b) insert—

; and
c
as respects Northern Ireland, by the Department of Justice in Northern Ireland.

I57830

In section 5A(1) (maintenance orders under Lugano Convention)—

a

in paragraph (a) omit “and Northern Ireland”;

b

after paragraph (b) insert—

; and
c
as respects Northern Ireland, by the Department of Justice in Northern Ireland

Administration of Justice Act 1982

I57931

Amend the Administration of Justice Act 1982496 as follows.

I58032

In section 25 (regulations as to deposit and registration of wills)—

a

in subsection (6) for the words from “Parliament” to “accordingly” substitute “the Northern Ireland Assembly after being made”;

b

after subsection (6) insert—

6A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954497 applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.

c

in subsection (7) omit “or (c)”.

I58133

In section 46 (procedure for making regulations etc)—

a

at the end of subsection (1) insert “(subject to subsection (1A))”;

b

after subsection (1) insert—

1A
Where the power is exercisable by a Northern Ireland department it shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979498 subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954499).

I58234

1

After section 48 insert—

48AApplication of Part VI to Northern Ireland
1
In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.
2
For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.
3
For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.
4
For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.
5
For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.
6
For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.
7
For section 42(5) substitute—
5
Shares in a common investment fund—
a
shall be allotted to and held by the Accountant General of the Court of Judicature of Northern Ireland, and
b
may be allotted to and held by any other person authorised by the Department of Justice in Northern Ireland.
8
For section 45(3) substitute—
3
The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before the Northern Ireland Assembly.
3A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of accounts or a report as it applies in relation to the laying of a statutory document under an enactment.

2

The following provisions of section 48A (as inserted by sub-paragraph (1) above) do not apply in relation to any accounts that are, in accordance with a direction under section 45(2) given before the coming into force of this Order, required to be prepared for any period ending before the coming into force of this Order—

a

subsection (3) so far as it applies for the purposes of section 45;

b

subsections (6) and (8).

Child Abduction and Custody Act 1985

I58335

Amend the Child Abduction and Custody Act 1985500 as follows.

I58436

In section 3 (Central authorities)—

a

in subsection (1)(a) omit “and in Northern Ireland”;

b

after subsection (1)(b) insert—

; and
c
in Northern Ireland by the Department of Justice in Northern Ireland

c

for subsection (3) substitute—

3
Where any such application relates to a function to be discharged under subsection (1) above by an authority (“the responsible authority”) other than the authority to which the application is addressed, the authority to which the application is addressed shall transmit it to the responsible authority.

I58537

In sections 6, 21 and 23 (reports) after “Lord Chancellor” (wherever occurring) insert “, the Department of Justice in Northern Ireland”.

I58638

In section 14 (Central authorities)—

a

in subsection (1)(a) omit “and in Northern Ireland”;

b

after subsection (1)(b) insert—

; and
c
in Northern Ireland by the Department of Justice in Northern Ireland

c

for subsection (3) substitute—

3
Where any such application relates to a function to be discharged under subsection (1) above by an authority (“the responsible authority”) other than the authority to which the application is addressed, the authority to which the application is addressed shall transmit it to the responsible authority.

I58739

In section 16 (registration of decisions) for subsection (5) substitute—

5
Where an authority mentioned in subsection (1) of section 14 above is requested to assist in making an application under this section to the appropriate court in a part of the United Kingdom (“the relevant part of the United Kingdom”) other than the part in relation to which the authority has functions under that subsection, the authority shall transmit the request to the authority which has functions under that subsection in relation to the relevant part of the United Kingdom.

Multilateral Investment Guarantee Agency Act 1988

I58840

1

Amend the Multilateral Investment Guarantee Agency Act 1988501 as follows.

2

In section 8 (Northern Ireland) after subsection (2) insert—

2A
In section 6—
a
for the reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland;
b
for the reference to the making of an order by statutory instrument there shall be substituted a reference to the making of an order by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Child Support Act 1991

I58941

Amend the Child Support Act 1991502 as follows.

I59042

In paragraph 2 of Schedule 4503 (remuneration of Child Support Commissioners for Northern Ireland)—

a

in sub-paragraph (1)—

i

for “Lord Chancellor may” substitute “Department of Justice shall”;

ii

for “he” substitute “the Lord Chancellor”;

b

in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”.

Tribunals and Inquiries Act 1992

I59648

1

Amend the Tribunals and Inquiries Act 1992506 as follows.

2

In section 9 (procedure in connection with statutory inquiries) at the end insert—

6
In the application of this section to inquiries held in Northern Ireland, the power to make rules is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor) so far as the power may be used to make Northern Ireland devolved provision.

3

In section 10 (reasons to be given for decisions of tribunals and Ministers) after subsection (8) insert—

9
In relation to—
a
any tribunal specified in Schedule 1 which sits in Northern Ireland, and
b
statutory inquiries held in Northern Ireland,
the power to make an order under subsection (7) or (8) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and those subsections are to be read accordingly.

4

In section 13 (power to apply Act to additional tribunals etc) after subsection (5) insert—

5A
In relation to Northern Ireland, any power to make an order under this section is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and this section is to be read accordingly.

5

In section 15 (rules and orders), the existing provision becomes subsection (1), and after that subsection insert—

2
Any rules or orders made by the Department of Justice in Northern Ireland under this Act shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979507 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954508.

6

In section 16(1) (interpretation), at the appropriate place, insert—

“Northern Ireland devolved provision” means provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998),

7

In section 16 (interpretation) after subsection (2) insert—

2A
In relation to inquiries or hearings held or to be held in Northern Ireland, the power to make an order under subsection (2) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and subsection (2) is to be read accordingly.

Judicial Pensions and Retirement Act 1993

I59749

After section 28 of the Judicial Pensions and Retirement Act 1993509 insert—

28ANorthern Ireland
The Lord Chancellor and the Department of Justice in Northern Ireland may make arrangements under which the Department is to make contributions to the cost of the liabilities under this Act for pensions, lump sums or other payments in respect of persons’ service in qualifying judicial office in Northern Ireland.

Arbitration Act 1996

I59850

1

Amend the Arbitration Act 1996510 as follows.

2

In section 105(6) (jurisdiction of High Court and county court) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

Defamation Act 1996

I59951

Amend the Defamation Act 1996511 as follows.

I60052

In section 9 (meaning of summary relief)—

a

in subsection (3) at the beginning insert “Subject to subsection (4)”;

b

after subsection (3) insert—

4
Any order made by the Department of Justice in Northern Ireland under subsection (1)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979512, and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954513.

I60153

In Schedule 1 (qualified privilege)—

a

in paragraph 15—

i

for sub-paragraph (1)(a) substitute—

a
for England and Wales, by order of the Lord Chancellor,

ii

after sub-paragraph (1)(b) insert—

, and
c
for Northern Ireland, by order of the Department of Justice in Northern Ireland

iii

in sub-paragraph (2) at the beginning insert “Subject to sub-paragraph (3),”;

iv

after sub-paragraph (2) insert—

3
An order under sub-paragraph (1)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

b

in paragraph 17—

i

for sub-paragraph (2)(a) substitute—

a
for England and Wales, by the Lord Chancellor,

ii

after sub-paragraph (2)(b) insert—

, and
c
for Northern Ireland, by the Department of Justice in Northern Ireland

iii

in sub-paragraph (3) at the beginning insert “Subject to sub-paragraph (4),”;

iv

after sub-paragraph (3) insert—

4
An order under sub-paragraph (2)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Damages Act 1996

I60254

Amend the Damages Act 1996514 as follows.

I60355

In section 1 (assumed rate of return on investment of damages) after subsection (5) insert—

6
In the application of this section to Northern Ireland—
a
for the reference to the Lord Chancellor in subsections (1) and (4) there is substituted a reference to the Department of Justice in Northern Ireland; and
b
in subsection (4)—
i
for the reference to the Treasury there is substituted a reference to the Department of Finance and Personnel in Northern Ireland; and
ii
for “by statutory instrument” to “Parliament” there is substituted “by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

I60456

In section 2A (periodical payments: supplementary) in subsection (6)—

a

at the end of paragraph (a) omit “and”;

b

after paragraph (b) insert—

c
a reference to the Lord Chancellor shall be taken as a reference to the Department of Justice in Northern Ireland, and
d
for subsection (3)(a) and (b) of this section there is substituted “shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

I60557

In section 2B (variation of orders and settlements) after subsection (7) insert—

8
In the application of this section to Northern Ireland—
a
a reference to the Lord Chancellor shall be taken as a reference to the Department of Justice in Northern Ireland;
b
in subsection (6)(a) for “statutory instrument” substitute “statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979515”;
c
in subsection (6)(c) for “each House of Parliament” substitute “the Northern Ireland Assembly”;
d
section 41(3) of the Interpretation Act (Northern Ireland) 1954516 applies for the purposes of subsection (6)(c) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Northern Ireland Act 1998

I60658

1

Amend the Northern Ireland Act 1998517 as follows.

2

In paragraph 39(6) of Schedule 10 (devolution issues: bail and legal aid in criminal proceedings) omit “out of money provided by Parliament”.

Tax Credits Act 2002

I60759

Amend the Tax Credits Act 2002518 as follows.

I60860

In section 65(6) (regulations, orders and schemes) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”.

Justice (Northern Ireland) Act 2002

I60961

Amend the Justice (Northern Ireland) Act 2002519 as follows.

I61062

In section 9F520 (procedure for reports by Northern Ireland Judicial Appointments Ombudsman)—

a

for subsection (2)(a) and (b) substitute—

a
if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;
b
otherwise, to the Lord Chancellor.

b

in subsection (3)(a) for the words from “by the Lord Chancellor” to the end substitute

for changes in the draft report which is made—
i
if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;
ii
otherwise, by the Lord Chancellor;

c

in subsection (5) for “Lord Chancellor and” substitute “First Minister and deputy First Minister and to”.

I61163

In section 47521 (further provision about functions of Chief Inspector of Criminal Justice)—

a

in subsection (1) omit “, the Lord Chancellor”;

b

in subsection (2) omit paragraph (aa);

c

omit subsections (5A) and (5B).

I61264

In section 49522 (reports by Chief Inspector of Criminal Justice) omit subsection (6).

I61365

In section 50 (Northern Ireland Law Commission) omit subsection (5)(a).

I61466

In section 73 (constitution of Rules Committee)—

a

in subsection (1), in the inserted paragraphs (d), (e) and (f) of section 54(1) of the Judicature (Northern Ireland) Act 1978523, for “Lord Chancellor” substitute “Department of Justice”;

b

in subsection (2), in the amendment of Article 46(1) of the County Courts (Northern Ireland) Order 1980524—

i

in the inserted sub-paragraphs (d), (e) and (g) for “Lord Chancellor” substitute “Department of Justice”;

ii

in the inserted sub-paragraph (f) for “the Lord Chancellor” substitute “that Department”.

I61567

1

Amend Schedule 2 (Judicial Appointments Commission) as follows.

2

After paragraph 4(2) insert—

2A
Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972525 can apply; and accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—
Employment by the Northern Ireland Judicial Appointments Commission.

3

Omit paragraph 4(3)526 (and the Superannuation Act 1972527 has effect accordingly).

4

Sub-paragraph (3) above does not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Northern Ireland Judicial Appointments Commission before the coming into force of this Order.

5

Sub-paragraph (6) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of paragraph 4(3) of Schedule 2 to the Justice (Northern Ireland) Act 2002528, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

6

In relation to the person’s employment by the Northern Ireland Judicial Appointments Commission after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972529; and the person’s terms and conditions of service have effect accordingly.

7

In paragraph 5—

a

in sub-paragraph (6) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

b

in sub-paragraph (7) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

c

after sub-paragraph (7) insert—

7A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954530 applies for the purposes of sub-paragraph (6) in relation to the laying of a copy of an annual report as it applies in relation to the laying of a statutory document under an enactment.

8

In paragraph 7—

a

in sub-paragraph (2) for “Lord Chancellor directs” substitute “First Minister and deputy First Minister acting jointly direct”;

b

in sub-paragraph (3) for “Lord Chancellor” (in both places) substitute “Office of the First Minister and deputy First Minister”;

c

in sub-paragraphs (3)(b) and (4) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

d

in sub-paragraph (4)(b) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

e

after sub-paragraph (4) insert—

4A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

9

Sub-paragraph (8) above does not apply in relation to a financial year ending before the coming into force of this Order.

I61668

In paragraph 15 of Schedule 3A (reports of Northern Ireland Judicial Appointments Ombudsman)—

a

in sub-paragraph (4) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

b

after sub-paragraph (5) insert—

6
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

Courts Act 2003

I61769

1

Amend the Courts Act 2003531 as follows.

2

In section 102(8) (power to alter judicial titles: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

3

In section 108 (rules, regulations and orders) omit subsection (7)(b).

4

In section 109 (minor and consequential amendments etc) after subsection (8) insert—

9
Any order made by the Department of Justice in Northern Ireland under subsection (4) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979532.
10
No order containing any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act may be made by the Department of Justice in Northern Ireland under subsection (4) unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
11
Section 41(3) of the Interpretation Act (Northern Ireland) 1954533 applies for the purposes of subsection (10) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
12
Any other order made by the Department of Justice under subsection (4) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954534).

Extradition Act 2003

I61870

1

Amend the Extradition Act 2003535 as follows.

2

In sections 61 and 134 (costs where discharge ordered) after subsection (8) insert—

9
In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—
a
subsection (5) has effect as if for “out of money provided by Parliament” there were substituted “by the Department of Justice in Northern Ireland”;
b
the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor).

3

In sections 67(1)(c) and 139(1)(c) (appropriate judge) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

4

In section 185(4) (free legal aid: supplementary) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

5

In section 223 (orders and regulations)—

a

in subsection (4) after “instrument” insert “(subject to subsection (10))”;

b

after subsection (9) insert—

10
The power of the Department of Justice in Northern Ireland to make regulations under section 61(8)(b) or 134(8)(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979536.
11
Regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Justice (Northern Ireland) Act 2004

I61971

1

Amend Schedule 3 to the Justice (Northern Ireland) Act 2004537 (court security) as follows.

2

In paragraph 1(3)(a) for “the Lord Chancellor” substitute “that Department”.

3

In paragraph 1(4) for “Lord Chancellor” substitute “Department of Justice”.

4

In paragraph 3(6)(d) for “the Lord Chancellor” substitute “that Department”.

5

In paragraph 5A(5) for “Lord Chancellor” substitute “Department of Justice”.

6

In paragraph 6(1) for “Lord Chancellor” substitute “Department of Justice”.

Civil Partnership Act 2004

I62072

Amend the Civil Partnership Act 2004538 as follows.

I62173

In section 219 (dissolution etc: power to make provision corresponding to EC Regulation 2201/2003)—

a

in subsection (1)(a) and (b) omit “or Northern Ireland”;

b

after subsection (1) insert—

1A
The Department of Justice in Northern Ireland may by regulations make provision—
a
as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and
b
as to the recognition in Northern Ireland of any such judgment as is mentioned in subsection (1)(b).

c

in subsection (5) after “(1)(b)” insert “, (1A)(b)”;

d

after subsection (6) insert—

6A
Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
6B
No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
6C
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

I62274

In section 237 (supplementary provisions relating to recognition of dissolution etc)—

a

in subsection (2) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”;

b

in subsection (3) after “power” insert “of the Lord Chancellor or the Scottish Ministers”;

c

after subsection (4) insert—

4A
The power of the Department of Justice in Northern Ireland to make regulations under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4B
Regulations made by the Department of Justice under subsection (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

I62375

1

Amend Schedule 15 (financial relief in the High Court or a county court etc: Northern Ireland) as follows.

2

In paragraph 14(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

3

In paragraph 23(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

4

In paragraph 31(3) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

5

In paragraph 50(5) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

I62476

In paragraph 2(4) of Schedule 16 (financial relief in court of summary jurisdiction: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

I62577

In paragraph 14(6) of Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc of civil partnership) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

Constitutional Reform Act 2005

I62678

Amend paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005539 (protected functions of the Lord Chancellor) as follows.

I62779

In Part A omit the entries for—

a

section 25(3)(c) of the Administration of Justice Act 1982540;

b

section 91(3)(c) of the Arbitration Act 1996541.

I62880

In Part B under the heading of the Child Support (Northern Ireland) Order 1991542—

a

omit the entries for Articles 25(6)(a) and (7), 26(2)(a), (3)(c) and (5), 48(1) and 51(1);

b

for “Schedule 4, paragraphs 1, 1A, 3A(1) and 4” substitute “Schedule 4, paragraph 4”.

I62981

In Part B omit the entries for—

a

sections 1, 5A and 11(3) of the Coroners Act (Northern Ireland) 1959543;

b

section 19(3) of the Registration of Deeds Act (Northern Ireland) 1970544;

c

sections 53(1)(f) and (2), 54(1), (5) and (6), 56(4), 68(3), (5) and (6), 75(1), (7) and (9), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 1978545;

d

Article 33(4C) of the Matrimonial Causes (Northern Ireland) Order 1978546;

e

Articles 2(2), 46(1)(d) to (g), 46(4) and (5) and 59 of the County Courts (Northern Ireland) Order 1980547;

f

Articles 6A(3), 10(1), 13(5) and 24(7) of the Magistrates’ Courts (Northern Ireland) Order 1981548;

g

Article 6(2) of the Forfeiture (Northern Ireland) Order 1982549;

h

Article 104(5) of the Mental Health (Northern Ireland) Order 1986550;

i

sections 22(6), 165(2) and 167(1) of, and paragraph 7 of Schedule 2 to, the Social Security Administration (Northern Ireland) Act 1992551;

j

paragraphs 2(1)(g), 6 and 9 of Schedule 2 to the Family Law (Northern Ireland) Order 1993552;

k

Articles 164(5), 181 and 183(3) of the Children (Northern Ireland) Order 1995553;

l

Articles 36(1) and 40(1) and (2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998554;

m

Article 7(8) of the Road Traffic (New Drivers) (Northern Ireland) Order 1998555;

n

Articles 15(12) and (13) and 74(2) of the Social Security (Northern Ireland) Order 1998556;

o

Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998557;

p

paragraph 20(1) and (6) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000558;

q

sections 2(2), 3(2)(b), 19(4), 50(5) and 51(3) of, and paragraphs 1(2) and (3), 2(3) and (4), 3, 4(1), 5(5) and (6), 6 and 7(2) and (3) of Schedule 2 to, the Justice (Northern Ireland) Act 2002559;

r

paragraph 1(3)(a) of Schedule 3 to the Justice (Northern Ireland) Act 2004560.

Forced Marriage (Civil Protection) Act 2007

I63082

1

Amend paragraph 14 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007561 (protection against forced marriage: Northern Ireland) as follows.

2

In sub-paragraph (2)(d) for the words from “annulment” to “accordingly)” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

3

In sub-paragraph (3)(d) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

4

After sub-paragraph (3) insert—

4
Section 41(3) of the Interpretation Act (Northern Ireland) 1954562 applies for the purposes of sub-paragraph (3) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Criminal Justice and Immigration Act 2008

I63183

Amend the Criminal Justice and Immigration Act 2008563 as follows.

I63284

In section 82(4)(a) and (b)(vi) (requests to other member States: Northern Ireland) for “Lord Chancellor” substitute “Department of Justice”.

I63385

In section 83 (procedure on issue of certificate: Northern Ireland)—

a

omit subsection (2);

b

in subsection (3) for the words from the beginning to “those documents” substitute “The Department of Justice must give the documents mentioned in subsection (3A)”;

c

after subsection (3) insert—

3A
The documents are—
a
the certificate;
b
a certified copy of the decision requiring payment of the financial penalty.

d

in subsection (4) for “Lord Chancellor” substitute “Department of Justice”.

I63486

In section 84 (requests from other member States: England and Wales) after subsection (6) insert—

7
Where the documents mentioned in subsection (1)(a) are given to the Lord Chancellor by the Department of Justice under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.

I63587

In section 87 (requests from other member States: Northern Ireland)—

a

in subsections (1), (2), (3), (4) and (6) for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b

after subsection (6) insert—

7
Where the documents mentioned in subsection (1)(a) are given to the Department of Justice by the Lord Chancellor under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Department of Justice.

I63688

In section 88(1) and (4) (procedure on receipt of certificate by clerk of petty sessions) for “Lord Chancellor” substitute “Department of Justice”.

I63789

In section 89(5) (modification of the Magistrates’ Courts (Northern Ireland) Order 1981564), in the modification of Article 95 of that Order, for “Lord Chancellor” substitute “Department of Justice”.

I63890

In section 90 (transfer of certificates to central authority for Scotland)—

a

in subsection (1)(a) after “Lord Chancellor” insert “or the Department of Justice”;

b

for subsection (1)(b) substitute—

b
the financial penalty is not suitable for enforcement in England and Wales or Northern Ireland for the purposes of section 84(1) or 87(1).

c

in subsection (2) for the words from “Lord Chancellor” to the end substitute

documents must be given to the central authority for Scotland—
a
in a case to which paragraph 6 of Schedule 18 applies, by the Lord Chancellor;
b
in a case to which paragraph 7 of Schedule 18 applies, by the Department of Justice;
c
in any other case, by whoever was given the documents by the competent authority or central authority of the other member State

I63991

After section 90 insert—

90ATransfer of certificates by Department of Justice to Lord Chancellor and vice versa
1
Subsection (2) applies where—
a
the competent authority or central authority of a member State other than the United Kingdom gives the Department of Justice—
i
a certificate requesting enforcement under the Framework Decision on financial penalties, and
ii
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or
b
the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Department of Justice.
2
The Department of Justice must give the documents to the Lord Chancellor if—
a
it is a case to which paragraph 6 of Schedule 18 applies, or
b
other than by virtue of that paragraph, the financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1).
3
Subsection (4) applies where—
a
the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
i
a certificate requesting enforcement under the Framework Decision on financial penalties, and
ii
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or
b
the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Lord Chancellor.
4
The Lord Chancellor must give the documents to the Department of Justice if—
a
it is a case to which paragraph 7 of Schedule 18 applies, or
b
other than by virtue of that paragraph, the financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).

I64092

1

Amend section 91 (recognition of financial penalties: general) as follows.

2

After subsection (4) insert—

5
In the application of this section to Northern Ireland, in subsection (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.

I64193

In section 92(1) (interpretation), at the appropriate place, insert—

“Department of Justice” means the Department of Justice in Northern Ireland;

I64294

In section 147 (orders, rules and regulations)—

a

after subsection (1) insert—

1A
Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979565.

b

in subsection (2) for “such orders or regulations” substitute “orders or regulations falling within subsection (1) or (1A)”;

c

in subsection (5)(d) omit “, 83(4)”;

d

after subsection (5) insert—

5A
Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954566).
5B
Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
5C
Section 41(3) of the Interpretation Act (Northern Ireland) 1954567 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

I64395

1

Amend Schedule 18 (penalties suitable for enforcement in England and Wales or Northern Ireland) as follows.

2

In paragraph 5—

a

in sub-paragraph (2) for “The” substitute “If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the”;

b

after sub-paragraph (3) insert—

4
If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless it is suitable for enforcement in England and Wales by virtue of sub-paragraph (5).
5
The financial penalty is suitable for enforcement in England and Wales if the Department of Justice thinks that it is more appropriate for the penalty to be enforced in England and Wales than in Northern Ireland.

3

In paragraph 6—

a

in sub-paragraph (2) after “(3)” insert “or (4)”;

b

in sub-paragraph (3)(a) after “Scotland” insert “or by the Department of Justice under section 90A”;

c

after sub-paragraph (3) insert—

4
This sub-paragraph applies if—
a
the Lord Chancellor was given the certificate by the Department of Justice under section 90A,
b
the Department of Justice was not given the certificate by the central authority for Scotland, and
c
the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.

4

In paragraph 7—

a

in sub-paragraph (2) after “(3)” insert “or (4)”;

b

in sub-paragraph (3)(a) and (b) for “Lord Chancellor” substitute “Department of Justice”;

c

in sub-paragraph (3)(a) after “Scotland” insert “or by the Lord Chancellor under section 90A”;

d

after sub-paragraph (3) insert—

4
This sub-paragraph applies if—
a
the Department of Justice was given the certificate by the Lord Chancellor under section 90A,
b
the Lord Chancellor was not given the certificate by the central authority for Scotland, and
c
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.

5

In paragraph 8—

a

b

after sub-paragraph (5) insert—

6
If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless—
a
it is suitable for enforcement in England and Wales by virtue of sub-paragraph (7) or (8), or
b
sub-paragraph (9) applies.
7
The financial penalty is suitable for enforcement in England and Wales if—
a
the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and
b
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland or Scotland.
8
The financial penalty is suitable for enforcement in England and Wales if—
a
the Department of Justice was given the certificate by the central authority for Scotland, and
b
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland.
9
This sub-paragraph applies if—
a
the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and
b
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland or England and Wales.

I64496

In paragraph 7 of Schedule 19 after sub-paragraph (3) insert—

4
In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.

Northern Ireland Act 2009

I64597

1

Amend the Northern Ireland Act 2009568 as follows.

2

Omit paragraph 18 of Schedule 4 (amendment of section 119 of the Judicature (Northern Ireland) Act 1978).

PART 2Acts of the Parliament of Northern Ireland

Administration of Justice Act (Northern Ireland) 1954

I64698

1

Amend the Administration of Justice Act (Northern Ireland) 1954569 as follows.

2

In section 14 (power to grant licence for use of courthouse accommodation) omit subsection (2).

3

In sections 19(4) and 20(1), (3) and (5)(ii) (payments) for “Consolidated Fund of the United Kingdom” (wherever occurring) substitute “Consolidated Fund of Northern Ireland”.

Coroners Act (Northern Ireland) 1959

I64799

Amend the Coroners Act (Northern Ireland) 1959570 as follows.

I648100

At the end of section 2(1) (as substituted by paragraph 2(2) of Schedule 4 to the Northern Ireland Act 2009571) (appointment of coroners etc) insert—

Salaries and other amounts payable under this subsection shall be paid by the Department of Justice.

I649101

In section 5 (administrative expenses) for “Parliament of the United Kingdom” substitute “Assembly”.

I650102

In section 36 (rules and fees)—

a

in subsections (1), (1A), (1C) to (1E) and (1G) for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

b

in subsection (1)(a) for “him” substitute “it”;

c

after subsection (1) insert—

1ZA
For the purposes of this section, “relevant authority” means—
a
in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice.

d

at the end of subsection (1A) insert “or, in relation to rules falling to be made by the Department of Justice, the Department of Finance and Personnel”;

e

in subsections (1D) and (1E) for “he” substitute “it”;

f

omit subsection (2);

g

after subsection (2) insert—

3
The Department of Justice may with the consent of the Department of Finance and Personnel determine the allowances payable to witnesses under this Act.
4
For the purposes of this section “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998572.

County Courts Act (Northern Ireland) 1959

I651103

Amend the County Courts Act (Northern Ireland) 1959573 as follows.

I652104

In section 106 (salaries and allowances of judges) after subsection (3) insert—

4
Sums payable under subsection (3) are to be paid by the Department of Justice.

I653105

In section 107(7) (deputy judges) for “There shall be paid” substitute “The Department of Justice shall pay”.

I654106

After section 136 insert—

136ACharges on Northern Ireland Consolidated Fund
There shall be charged on and paid out of the Consolidated Fund of Northern Ireland the salaries payable to judges under section one hundred and six.

I655107

Omit section 137 (payments out of voted moneys).

Magistrates’ Courts Act (Northern Ireland) 1964

I656108

1

Amend the Magistrates’ Courts Act (Northern Ireland) 1964574 as follows.

2

In section 12 (remuneration of resident magistrates) after subsection (1) insert—

1A
Subject to section 168(2), sums payable under subsection (1) are to be paid by the Department of Justice.

3

In section 168(2) (expenses) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.

Children and Young Persons Act (Northern Ireland) 1968

I657109

1

Amend the Children and Young Persons Act (Northern Ireland) 1968575 as follows.

2

In paragraph 8(d) of Schedule 2 (constitution of juvenile courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Registration of Deeds Act (Northern Ireland) 1970

I658110

1

Amend the Registration of Deeds Act (Northern Ireland) 1970576 as follows.

2

In section 19 (regulations)—

a

in subsection (3) omit “of the Lord Chancellor, with the concurrence of the Department of Economic Development,”;

b

omit subsection (4).

PART 3Orders in Council

Family Law Reform (Northern Ireland) Order 1977

I659111

1

Amend the Family Law Reform (Northern Ireland) Order 1977577 as follows.

2

In Article 10(2) (power to provide for manner of giving effect to direction for use of blood tests) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Fatal Accidents (Northern Ireland) Order 1977

I660112

1

Amend the Fatal Accidents (Northern Ireland) Order 1977578 as follows.

2

In Article 3A(5) (power to vary sum to be awarded as damages for bereavement) for “The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament,” substitute “The Department of Justice may by order subject to negative resolution”.

Rates (Northern Ireland) Order 1977

I661113

1

Amend the Rates (Northern Ireland) Order 1977579 as follows.

2

In paragraph 7(3) of Schedule 9B (Valuation Tribunal: rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Matrimonial Causes (Northern Ireland) Order 1978

I662114

1

Amend the Matrimonial Causes (Northern Ireland) Order 1978580 as follows.

2

In Article 26B(2) (pension sharing orders: duty to stay) for the words from “annulment” to “accordingly” substitute “negative resolution”.

3

In Article 27D(2B) (pensions: supplementary) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4

In Article 27E(10) (Pension Protection Fund) for the words from “annulment” to “accordingly” substitute “negative resolution”.

5

In Article 33(4D) (variation etc of certain orders for financial relief) for the words from “annulment” to “accordingly” substitute “negative resolution”.

County Courts (Northern Ireland) Order 1980

I663115

Amend the County Courts (Northern Ireland) Order 1980581 as follows.

I664116

In Article 2(2) (interpretation), in the definition of “chief clerk”, for “the Lord Chancellor” substitute “that Department”.

I665117

In Article 22(2) (power to increase civil jurisdiction of county courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I666118

In Article 47 (making of county court rules)—

a

after paragraph (1) insert—

1A
For the purposes of this Article, “relevant authority” means—
a
in relation to county court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this paragraph “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998582.

b

for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;

c

in paragraph (4) for “him” substitute “it”;

d

in paragraphs (6) and (8) for “he” substitute “it”.

I667119

In Article 67 (financial provisions) for “the Parliament of the United Kingdom” substitute “the Assembly”.

Domestic Proceedings (Northern Ireland) Order 1980

I668120

1

Amend the Domestic Proceedings (Northern Ireland) Order 1980583 as follows.

2

In Article 4(4) (powers of court to make orders for financial provision) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Judgments Enforcement (Northern Ireland) Order 1981

I669121

Amend the Judgments Enforcement (Northern Ireland) Order 1981584 as follows.

I670122

In Article 2(2) (interpretation)—

a

in the definition of “the Chief Enforcement Officer” for “the Lord Chancellor” substitute “that Department”;

b

in the definition of “enforcement officer” for “the Lord Chancellor” substitute “that Department”.

I671123

In Article 5(2) (power to apply Order to other judgments) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I672124

For Article 7(1) (Enforcement of Judgments Office) substitute—

1
The Department of Justice shall continue to maintain the Office within that department.

I673125

In Article 72(5) (attachment of moneys in a bank or other deposit-taking institution) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I674126

In Article 72A(4) (clerical and administrative costs of garnishees) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I675127

In Article 124 (conduct of prosecutions) for “the Lord Chancellor” substitute “that Department”.

I676128

In Article 141(3) (Judgment Enforcement Rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I677129

In Article 142 (financial provision) for “the Parliament of the United Kingdom” substitute “the Assembly”.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

I678130

1

Amend the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981585 as follows.

2

In Article 22(6) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

3

In Article 36 (expenses of free legal aid and making of rules)—

a

in paragraph (1) for “Parliament” substitute “the Assembly”;

b

in paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4

In paragraph 7 of Schedule 2 (remuneration of persons giving legal aid under Part 2 of Order) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Magistrates’ Courts (Northern Ireland) Order 1981

I679131

Amend the Magistrates’ Courts (Northern Ireland) Order 1981586 as follows.

I680132

In Article 6A(5) (costs in legal proceedings) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I681133

In Article 13 (magistrates’ courts rules)—

a

after paragraph (3) insert—

3ZA
For the purposes of paragraphs (3A) to (3D), “relevant authority” means—
a
in relation to magistrates’ courts rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this paragraph “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998587.

b

in paragraphs (3A) and (3D) for “Lord Chancellor” substitute “relevant authority”;

c

in paragraph (3B)—

i

for “Lord Chancellor” substitute “relevant authority”;

ii

for “he” substitute “it”.

I682134

In Article 24(7) (non-appearance of accused: plea of guilty) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I683135

In Article 85(12) (orders for periodical payment: means of payment) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I684136

In Article 86A(6) (interest on arrears) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I685137

In Articles 139(1) and (3) and 151(2) (payments) (wherever occurring) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.

I686138

In Article 150(1) and (2) (abandonment of appeal to county court or by way of case stated) for “the Lord Chancellor” substitute “that Department”.

I687139

In Article 167(2) (expenses) for “Lord Chancellor in performing his functions” substitute “Department of Justice in performing its functions”.

Matrimonial and Family Proceedings (Northern Ireland) Order 1989

I688140

1

Amend the Matrimonial and Family Proceedings (Northern Ireland) Order 1989588 as follows.

2

In Article 25(5) (application to certain orders of certain provisions of Part 3 of the principal Order) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Insolvency (Northern Ireland) Order 1989

I689141

Amend the Insolvency (Northern Ireland) Order 1989589 as follows.

I690142

1

Amend Article 359 (insolvency rules) as follows.

2

In paragraphs (1) and (2)(d) for “Lord Chancellor” substitute “Department of Justice”.

3

In paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I691143

In Article 360(1) (committee to review rules under Article 359) for “Lord Chancellor” substitute “Department of Justice”.

I692144

In Article 364 (insolvent partnerships)—

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I693145

In Article 365 (insolvent estates of deceased persons)—

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I694146

1

In this paragraph “relevant function” means a function under Article 359 conferred by virtue of—

a

section 134 or 167 of the Banking Act 2009590, or

b

article 17 of the Building Societies (Insolvency and Special Administration) Order 2009591.

2

Any relevant function of the Lord Chancellor is transferred to the Department of Justice.

3

Any relevant function of the Treasury is transferred to the Department of Finance and Personnel in Northern Ireland.

Child Support (Northern Ireland) Order 1991

I695147

Amend the Child Support (Northern Ireland) Order 1991592 as follows.

I696148

In Article 48(1) (regulations and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I697149

In paragraph 4 of Schedule 4 (pensions of Child Support Commissioners)—

a

for “Lord Chancellor may” substitute “Department of Justice shall”;

b

for “as he may” substitute “as the Lord Chancellor may”.

Family Law (Northern Ireland) Order 1993

I698150

1

Amend the Family Law (Northern Ireland) Order 1993593 as follows.

2

For Article 12(4) (family proceedings rules) substitute—

4
Family proceedings rules shall be subject to negative resolution.

Children (Northern Ireland) Order 1995

I699151

1

Amend the Children (Northern Ireland) Order 1995594 as follows.

2

In Article 183 (regulations and orders) for paragraph (3) substitute—

3
Orders under this Order made by the Department of Justice shall be subject to negative resolution.

Juries (Northern Ireland) Order 1996

I700152

1

Amend the Juries (Northern Ireland) Order 1996595 as follows.

2

In Article 2(2) (interpretation), in the definition of “Juries Officer”, for “the Lord Chancellor” substitute “that Department”.

3

In Article 27(2) (juror’s oath) for the words from “annulment” to “accordingly” substitute “negative resolution”.

4

In Article 30(2) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

5

In Schedule 2 (persons ineligible for jury service) after the entry for “Officers of the Northern Ireland Office or of the Lord Chancellor’s Department” insert the following entry—

Officers of the Department of Justice

Road Traffic Offenders (Northern Ireland) Order 1996

I701153

1

Amend the Road Traffic Offenders (Northern Ireland) Order 1996596 as follows.

2

In Article 91 (procedure for making regulations and orders)—

a

in paragraph (2) omit “Subject to paragraph (3),”;

b

omit paragraph (3).

Family Homes and Domestic Violence (Northern Ireland) Order 1998

I702154

1

Amend the Family Homes and Domestic Violence (Northern Ireland) Order 1998597 as follows.

2

In Article 40(1) (orders and regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Access to Justice (Northern Ireland) Order 2003

I704156

Amend the Access to Justice (Northern Ireland) Order 2003599 as follows.

I705157

In Articles 11(4) (funding of services), 16(2), (4), (5), (6) and (8)(a) (procedure relating to funding code), 22(6) and (8) (criminal defence services: code of conduct) and 46(5) (orders, regulations and directions) and in paragraphs 15(3) and 16(4) and (6) of Schedule 1 (Northern Ireland Legal Services Commission) for “each House of Parliament” substitute “the Assembly”.

I706158

In Article 16 (procedure relating to funding code)—

a

for paragraph (7) substitute—

7
Where the Department of Justice considers that it is desirable for a revised version of the code containing such changes to come into force without delay, it may (when laying the revised version before the Assembly) also lay before the Assembly a statement of its reasons for so considering.

b

in paragraph (8)(b) for “each House” substitute “the Assembly”.

I707159

In Article 46 (orders, regulations and directions) in paragraph (6) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I708160

1

In paragraph 17 of Schedule 1 (Northern Ireland Legal Services Commission: account and audit)—

a

for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b

in sub-paragraph (2) for “Treasury” substitute “Department of Finance and Personnel”;

c

for “Comptroller and Auditor General” (wherever occurring) substitute “Comptroller and Auditor General for Northern Ireland”;

d

in sub-paragraph (5) for “each House of Parliament” substitute “the Assembly”.

2

Sub-paragraph (1) above does not apply in relation to a financial year ending before the coming into force of this Order.

I709161

In Schedule 3 (transitional provision and savings)—

a

in paragraph 4(7) for “Parliament” substitute “the Assembly”;

b

in paragraph 5(6) for “Parliament” substitute “the Assembly”.

Insolvency (Northern Ireland) Order 2005

I710162

Amend the Insolvency (Northern Ireland) Order 2005600 as follows.

I711163

In Article 24 (disqualification for office: general) for paragraph (7) substitute—

7
An order by virtue of paragraph (5)(d) made by—
a
the Department of Justice; or
b
any other Northern Ireland department with the concurrence of the Department of Justice,
may provide for a discretion to be subject to appeal to a specified court or tribunal.

Traffic Management (Northern Ireland) Order 2005

I712164

1

Amend the Traffic Management (Northern Ireland) Order 2005601 as follows.

2

In Article 46 (regulations)—

a

in paragraph (1) omit “Subject to paragraph (2),”;

b

omit paragraph (2).

Legal Aid (Northern Ireland) Order 2005

I713165

Amend Schedule 1 to the Legal Aid (Northern Ireland) Order 2005602 (minor and consequential amendments) as follows.

I714166

In paragraph 8, in the inserted Article 12A of the Access to Justice (Northern Ireland) Order 2003603—

a

in paragraph (1)—

i

for “Lord Chancellor” substitute “Department of Justice”;

ii

for “him” substitute “the Department of Justice”;

b

in paragraph (4)—

i

for “Lord Chancellor” substitute “Department of Justice”;

ii

for “he” substitute “the Department of Justice”.

Criminal Justice (Northern Ireland) Order 2008

I715167

1

Amend the Criminal Justice (Northern Ireland) Order 2008604 as follows.

2

Omit Article 61(10) (experimental period for alcohol ignition interlock programme orders).

PART 4Acts of the Northern Ireland Assembly

Charities Act (Northern Ireland) 2008

I717169

Amend the Charities Act (Northern Ireland) 2008606 as follows.

I718170

In section 13 (Charity Tribunal: practice and procedure)—

a

for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;

b

in subsection (8) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I719171

In paragraph 6 of Schedule 2 (Charity Tribunal: staff and facilities) for “Lord Chancellor” substitute “Department of Justice”.

Pensions (No. 2) Act (Northern Ireland) 2008

I720172

Amend Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008607 (pension compensation on divorce etc) as follows.

I721173

In paragraph 3, in the inserted Article 26E of the Matrimonial Causes (Northern Ireland) Order 1978 608—

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I722174

In paragraph 7, in the inserted Article 27G of the Matrimonial Causes (Northern Ireland) Order 1978—

a

in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;

b

in paragraph (3) for the words from “annulment” to “accordingly” substitute “negative resolution”.

I723175

In paragraph 15, in the inserted paragraph 14E of Schedule 15 to the Civil Partnership Act 2004609—

a

in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”;

b

in sub-paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954610)”.

SCHEDULE 19Amendments relating to Public Bodies etc

Article 16

Land Law (Ireland) Act 1881

I7241

1

The functions of the Treasury by virtue of section 56 of the Land Law (Ireland) Act 1881611 are transferred to the Department of Finance and Personnel in Northern Ireland.

2

Regulations made under that section by the Department are to be laid before the Northern Ireland Assembly (and not the House of Commons) and are not to come into effect until after the end of the statutory period next after the regulations have been laid.

3

For the purposes of sub-paragraph (2)—

a

“the statutory period” has the meaning given by section 41(2) of the Interpretation Act (Northern Ireland) 1954612;

b

section 41(3) of the 1954 Act613 applies in relation to the laying of regulations as it applies in relation to the laying of a statutory document under an enactment.

I7252

1

The functions of the Comptroller and Auditor General by virtue of section 56 of the Land Law (Ireland) Act 1881 are transferred to the Comptroller and Auditor General for Northern Ireland.

2

Any accounts transmitted for audit to the Comptroller and Auditor General for Northern Ireland, together with the Comptroller’s report thereon, are to be laid before the Northern Ireland Assembly (and not the House of Commons) not later than three months after the date on which the accounts were transmitted for audit.

3

For the purposes of sub-paragraph (2) section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies in relation to the laying of any accounts or report as it applies in relation to the laying of a statutory document under an enactment.

4

Sub-paragraphs (1) to (3) above do not apply in relation to any accounts for a period ending before the coming into force of this Order.

Parliamentary Commissioner Act 1967

I7263

1

Amend the Parliamentary Commissioner Act 1967614 as follows.

2

In Schedule 2 (departments etc. subject to investigation) omit the following entries—

The Chief Inspector of Criminal Justice for Northern Ireland.

Northern Ireland Law Commission.

Northern Ireland Legal Services Commission.

Northern Ireland Police Fund.

Northern Ireland Policing Board.

Probation Board for Northern Ireland.

Royal Ulster Constabulary George Cross Foundation.

3

In Schedule 4 (relevant tribunals for the purposes of section 5(7)) omit—

Adjudicators appointed under article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002615

4

Sub-paragraph (2) above does not apply in relation to a complaint made under the 1967 Act before the coming into force of this Order.

Northern Ireland Assembly Disqualification Act 1975

I7274

1

Amend the Northern Ireland Assembly Disqualification Act 1975616 as follows.

2

In Part III of Schedule 1 (other disqualifying offices), at the appropriate places, insert—

Northern Ireland Judicial Appointments Ombudsman.

Any member of the staff of the State Pathologist’s Department.

Commissioner for Complaints (Northern Ireland) Order 1996

I7285

1

Amend the Commissioner for Complaints (Northern Ireland) Order 1996617 as follows.

2

In Schedule 2 (bodies subject to investigation), at the appropriate places insert—

The Chief Inspector of Criminal Justice for Northern Ireland.

The Northern Ireland Law Commission.

The Northern Ireland Legal Services Commission.

The Northern Ireland Police Fund.

The Northern Ireland Policing Board.

The Probation Board for Northern Ireland.

The Royal Ulster Constabulary George Cross Foundation.

3

A complaint may not be made under the 1996 Order by virtue of sub-paragraph (2) above in relation to a matter if the matter was the subject of a complaint under the Parliamentary Commissioner Act 1967 made before the coming into force of this Order.

Ombudsman (Northern Ireland) Order 1996

I7296

1

Amend the Ombudsman (Northern Ireland) Order 1996618 as follows.

2

In Article 9 (matters subject to investigation) after paragraph (3) insert—

3A
For the purposes of this Article, administrative functions exercisable by any person appointed or assigned by the Department of Justice to serve as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of that Department.

3

In Schedule 3 (tribunals referred to in Article 9(4)) at the appropriate places insert—

The Northern Ireland Valuation Tribunal established under Article 36A of the Rates (Northern Ireland) Order 1977619.

Adjudicators appointed under Article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002620.

Adjudicators appointed under Article 29(1) of the Traffic Management (Northern Ireland) Order 2005621.

The Charity Tribunal for Northern Ireland established under section 12 of the Charities Act (Northern Ireland) 2008622.

4

In Schedule 4 (matters not to be investigated) after paragraph 2 insert—

2A
Action taken by a member of the administrative staff of any court or tribunal who was appointed or assigned to serve as a member of that staff by the Department of Justice, so far as the action is taken at the direction, or on the authority (whether express or implied), of any person acting in a judicial capacity or in his capacity as a member of the tribunal.

Audit and Accountability (Northern Ireland) Order 2003

I7307

1

In Article 5(1) of the Audit and Accountability (Northern Ireland) Order 2003623 (additional bodies to be audited by the Comptroller and Auditor General for Northern Ireland) after paragraph (m) insert—

n
the Northern Ireland Police Fund

2

Sub-paragraph (1) does not apply in relation to a statement of accounts for a period ending before the coming into force of this Order.

Public Contracts Regulations 2006

F178

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009

I7319

1

In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009625 (list of companies to be audited by the Comptroller and Auditor General) omit the entry for the Northern Ireland Police Fund.

2

Sub-paragraph (1) does not apply in relation to any accounts for a period ending before the coming into force of this Order.

I732SCHEDULE 20Property being transferred to the Director of Public Prosecutions for Northern Ireland

Article 18(4)

Annotations:

Commencement Information

I732

Sch. 20 in force at 12.4.2010, see art. 1(2)

I732

Belfast Chambers, 93 Chichester Street, Belfast, BT1 3JR
Linum Chambers, 2 Bedford Square, Belfast, BT2 7ES
Lisburn Chambers, 23 Linenhall Street, Lisburn, BT28 1FJ
Newry Chambers, Block A, Downshire Close, 41-43 Downshire Road, Newry, BT34 1EE
Ballymena Chambers, 4 Parkway, Ballymena, BT43 5ET
Foyle Chambers, 35 Limavady Road, Londonderry, BT47 6LP
Omagh Chambers, 2 Townhall Square, Omagh, BT78 1BL

I733SCHEDULE 21Property not being transferred

Article 18(5)

Annotations:

Commencement Information

I733

Sch. 21 in force at 12.4.2010, see art. 1(2)

I733

St. Annes House, 15 Church Street, Belfast, BT1 1ER
5^thFloor, Windsor House, Bedford Street, Belfast, BT2 7SR
12^th-14^th and 20^th Floor, Windsor House, Bedford Street, Belfast, BT2 7EL
Stormont House, Belfast, BT4 3SH
2^nd Floor, Block 2, Forestview, Purdy’s Lane, Belfast, BT8 7AR
2(B) Regent Street, Newtownards, BT23 4LH
Hillsborough Castle, the Square, Hillsborough BT26 6AG
52 Bridge Street, Banbridge, BT32 3SL
1-3 Portland Avenue, Glengormley, Newtownabbey, BT36 5EY
122 Broughshane Street, Ballymena, BT43 6EE
20 Queen Street, Londonderry, BT48 7EQ
29A Strand Road, Londonderry, BT48 7BZ
21 Kelvin Avenue, Omagh, BT78 1ER
Premises occupied by the International Monitoring Commission

SCHEDULES

SCHEDULE 1Enactments under which functions of Secretary of State are transferred to the Department of Justice

I11

I22

I33

I44

I55

I66

I77

I88

I99

I1010

I1111

I1212

I1313

I1414

I1515

I1616

I1717

I1818

I1919

I2020

I2121

I2222

I2323

I2424

I2525

I2626

I2727

I2828

I2929

I3030

I3131

I3232

I3333

SCHEDULE 2Amendments of enactments specified in Schedule 1

Administration of Justice Act (Northern Ireland) 1954

I341

Increase of Fines Act (Northern Ireland) 1967

I352

1

2

3

4

2

Treatment of Offenders Act (Northern Ireland) 1968

I363

1

2

3

Treatment of Offenders (Northern Ireland) Order 1976

I374

Criminal Damage (Compensation) (Northern Ireland) Order 1977

I385

1

2

3

Rehabilitation of Offenders (Northern Ireland) Order 1978

I396

1

2

a

b

3

Criminal Justice (Northern Ireland) Order 1980

I407

1

2

3

Road Traffic (Northern Ireland) Order 1981

I418

1

2

Fines and Penalties (Northern Ireland) Order 1984

I429

1

2

Mental Health (Northern Ireland) Order 1986

I4310

1