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Justice Act (Northern Ireland) 2016

Type Act of the Northern Ireland Assembly

Publication 2016-05-12

Last updated 2023-11-27

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(d) to the Attorney General for Northern Ireland for the purposes of the exercise of any functions of that office;

(e) to the Northern Ireland Public Services Ombudsman for the purposes of the exercise of any functions of that office;

(f) to the Chief Inspector of Criminal Justice in Northern Ireland for the purposes of the exercise of any of the functions of that office;

(g) to Her Majesty's Chief Inspector of Prisons for the purposes of the exercise of any of the functions of that office;

(h) to the Department of Health for the purposes of the exercise of any of the functions of that Department in relation to any matter arising in connection with an investigation under this Part;

(i) to the Health and Social Care Regulation and Quality Improvement Authority for the purposes of the exercise of any of the functions of that body;

(j) in the case of information to which subsection (3) applies, to the Information Commissioner;

(k) in the case of information to which subsection (4) applies, to any person to whom the Ombudsman thinks it should be disclosed in the public interest;

(l) to such other persons or for such other purposes as may be prescribed.

(3) This subsection applies to information if it appears to the Ombudsman to relate to—

(a) a matter in respect of which the Information Commissioner could exercise a power conferred by sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 or section 48 or Part 4 of the Freedom of Information Act 2000; or

(b) the commission of an offence under—

(i) a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc); or

(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).

(4) This subsection applies to information if in the opinion of the Ombudsman it reveals or otherwise relates to a serious threat to the health or safety of a person.

(5) A person to whom this subsection applies shall not be called upon in any proceedings to give evidence of protected information within subsection (1)(a).

(6) Subsection (5) does not apply in relation to proceedings mentioned in subsection (2)(b) or (c).

(7) For the purposes of the law of defamation the publication of any matter by the Ombudsman for purposes connected with the functions of the Ombudsman (including functions under this section) is absolutely privileged.

(8) It is an offence for a person to whom this subsection applies to disclose information in contravention of this section.

(9) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) Subsections (5) and (8) apply to—

(a) the Ombudsman;

(b) an officer of the Ombudsman;

Guidance to Ombudsman in relation to matters connected with national security

45

(1) The Secretary of State may issue guidance to the Ombudsman in relation to any matter connected with national security (including, in particular, any matter mentioned in section 1A(2)(c)(i) to (iii) of the Prison Act (Northern Ireland) 1953).

(2) In carrying out any functions, the Ombudsman and officers of the Ombudsman must have regard to any guidance issued under this section.

Interpretation

46

(1) In this Part—

“the Department” means the Department of Justice;

“events” includes any conduct or omission;

“the Ombudsman” means the Prison Ombudsman for Northern Ireland;

“prescribed” means prescribed by regulations;

“prison” includes a young offenders centre;

“prisoner” means any person held at a prison;

“prison officer” means an individual appointed to a post under section 2(2) of the Prison Act (Northern Ireland) 1953;

“prison rules” means rules under section 13 of the Prison Act (Northern Ireland) 1953.

(2) In this Part references to a prison include a reference to all land and buildings used for the purposes of, or in connection with, that prison.

Transitional provision: the Prisoner Ombudsman for Northern Ireland

47

(1) The person holding office as Prisoner Ombudsman immediately before the appointed day—

(a) becomes the Prison Ombudsman on that day as if appointed to that office under paragraph 1 of Schedule 3; and

(b) holds that office for the remainder of the term for which that person was then appointed as Prisoner Ombudsman.

(2) Paragraph 3(2) of Schedule 3 does not apply to that person; but a person shall not hold the offices of Prison Ombudsman and Prisoner Ombudsman for a period which in total exceeds 7 years.

(3) Subsection (4) applies where immediately before the appointed day the Prisoner Ombudsman is under the terms of reference of that office or other arrangements with the Department—

(a) investigating a complaint (“an existing complaint investigation”);

(b) investigating a death (“an existing death investigation”); or

(4) For the purposes of this Part—

(a) an existing complaint investigation is to be treated as an investigation under section 35;

(b) an existing death investigation is to be treated as an investigation under section 37; and

(5) For the purposes of any investigation which is to any extent dealt with under this Part by virtue of subsection (4), things done by or in relation to the Prisoner Ombudsman shall be treated as having been done by or in relation to the Ombudsman.

(6) Except as provided by subsection (4)(b), section 37 does not apply to a death which occurred before the coming into operation of that section.

(7) In applying section 41(1)(b) the Ombudsman may take into account events occurring in the period of 12 months immediately preceding the appointed day (as well as events occurring on or after that day).

(8) In this section “the appointed day” means the day appointed under section 61 for the coming into operation of this section.

PART 3 — Miscellaneous

Animal welfare

Penalties for animal welfare offences

48

(1) In section 31 of the Welfare of Animals Act (Northern Ireland) 2011 (penalties), in subsection (1) (summary-only offences), omit “8(3),” and “, 33(9), 40(7)”.

(2) After that subsection insert—

(1A) A person guilty of an offence under section 4 or 8(1) or (2) shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding £20,000, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or both.

(3) In subsection (2) of that section (hybrid offences)—

(a) omit “4,”, and

(b) for “and 8(1) and (2)” substitute “ , 8(3), 33(9) and 40(7) ”.

(4) In that subsection, in paragraph (b), for “2 years” substitute “ 5 years ”.

(5) In each of the following provisions of that Act, for “8(1) and (2)” substitute “ 8 ”

(a) section 32(1) (deprivation);

(b) section 33(10) (disqualification);

(6) In each of the following provisions of that Act, for “8(1) or (2)” substitute “ 8 ”

(a) section 36(6) (destruction in interests of animal);

(b) section 37(1) (destruction of animals involved in fighting offences);

(7) In Article 29(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (right to claim trial by jury subject to exceptions), after sub-paragraph (o) insert—

(p) section 4 or 8(1) or (2) of the Welfare of Animals Act (Northern Ireland) 2011 (unnecessary suffering; fighting).

Lay visitors

Lay visitors for all police stations

49

In section 73 of the Police (Northern Ireland) Act 2000 (arrangements for lay visitors to visit designated places of detention)—

(a) in subsections (1), (3)(a) and (4)(a) omit “designated”;

(b) for subsections (9) and (10) substitute—

(9) In this section “place of detention” means a police station at which persons are detained

”

Pornographic or other sexual images

Possession of pornographic images of rape and assault by penetration

50

(1) The Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In section 63(6) (possession of extreme pornographic images) after “subsection (7)” insert “ or (7A) ”.

(3) In section 66 (defence: participation in consensual acts)—

(a) in subsection (1)(b) for the words from “within” to the end substitute “ within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section). ”;

(b) in subsection (2) after paragraph (c) insert

; and (d) if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.

(4) In section 67 (penalties for possession of extreme pornographic images) in subsection (5)(b) at the end add “ or (7A)(a) or (b). ”.

Disclosing private sexual photographs and films with intent to cause distress

51

(1) A person commits an offence if—

(a) the person discloses, or threatens to disclose, a private sexual photograph or film in which another individual (“the relevant individual”) appears,

(b) by so doing, the person intends to cause distress to that individual, and

(2) But it is not an offence under this section for the person to disclose , or threaten to disclose, the photograph or film to the relevant individual.

(3) It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.

(4) It is a defence for a person charged with an offence under this section to show that—

(a) the disclosure , or threat to disclose, was made in the course of, or with a view to, the publication of journalistic material, and

(b) he or she reasonably believed that, in the particular circumstances, the publication of the journalistic material was, or would be, in the public interest.

(5) It is a defence for a person charged with an offence under this section to show that—

(a) he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by the relevant individual or another person, and

(b) he or she had no reason to believe that the previous disclosure for reward was made without the consent of the relevant individual.

(6) A person is taken to have shown the matters mentioned in subsection (4) or (5) if—

(a) sufficient evidence of the matters is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) For the purposes of subsections (1) to (5)—

(a) “consent” to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and

(b) “publication” of journalistic material means disclosure to the public at large or to a section of the public.

(7A) Where a person is charged with an offence under this section of threatening to disclose a private sexual photograph or film, it is not necessary for the prosecution to prove—

(a) that the photograph or film referred to in the threat exists, or

(b) if it does exist, that it is in fact a private sexual photograph or film.

(8) A person charged with an offence under this section is not to be taken to have intended to cause distress by disclosing, or threatening to disclose, a photograph or film merely because that was a natural and probable consequence of the disclosure or threat.

(9) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(10) Schedule 4 makes special provision in connection with the operation of this section in relation to persons providing information society services.

Meaning of “disclose” and “photograph or film”

52

(1) The following apply for the purposes of section 51, this section and section 53.

(2) A person “discloses” something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.

(3) Something that is given, shown or made available to a person is disclosed—

(a) whether or not it is given, shown or made available for reward, and

(b) whether or not it has previously been given, shown or made available to the person.

(4) “Photograph or film” means a still or moving image in any form that—

(a) appears to consist of or include one or more photographed or filmed images, and

(b) in fact consists of or includes one or more photographed or filmed images.

(5) The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.

(6) “Photographed or filmed image” means a still or moving image that—

(a) was originally captured by photography or filming, or

(b) is part of an image originally captured by photography or filming.

(7) “Filming” means making a recording, on any medium, from which a moving image may be produced by any means.

(8) References to a photograph or film include—

(a) a negative version of an image described in subsection (4), and

(b) data stored by any means which is capable of conversion into an image described in subsection (4).

Meaning of “private” and “sexual”

53

(1) The following apply for the purposes of section 51.

(2) A photograph or film is “private” if it shows something that is not of a kind ordinarily seen in public.

(3) A photograph or film is “sexual” if—

(a) it shows all or part of an individual's exposed genitals or pubic area,

(b) it shows something that a reasonable person would consider to be sexual because of its nature, or

(4) Subsection (5) applies in the case of—

(a) a photograph or film that consists of or includes a photographed or filmed image that has been altered in any way,

(b) a photograph or film that combines two or more photographed or filmed images, and

(5) The photograph or film is not private and sexual if—

(a) it does not consist of or include a photographed or filmed image that is itself private and sexual,

(b) it is only private or sexual by virtue of the alteration or combination mentioned in subsection (4), or

(c) it is only by virtue of the alteration or combination mentioned in subsection (4) that the relevant individual (within the meaning of section 51) is shown as part of, or with, whatever makes the photograph or film private and sexual.

Assaulting ambulance workers etc

Offence of assaulting ambulance workers etc

54

(1) A person commits an offence if he or she assaults—

(a) an ambulance worker in the execution of that ambulance worker's duty;

(b) a person who is assisting an ambulance worker in the execution of that ambulance worker's duty.

(2) “Ambulance worker” means a person who provides ambulance services (including air ambulance services) under arrangements made by or at the request of—

(a) the Northern Ireland Ambulance Service Health and Social Care Trust,

(b) St. John Ambulance (NI),

(d) the charity registered in the Republic of Ireland known as the Order of Malta Ireland.

(3) A person guilty of an offence under subsection (1) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

Early removal of prisoners

Early removal from prison of prisoners liable to removal from United Kingdom

55

(1) Where a prisoner to whom this section applies (“P”)—

(a) is liable to removal from the United Kingdom, and

(b) has served at least one-half of the requisite custodial period,

the Department may, with P's agreement, remove P from prison under this section at any time during the period of 135 days ending with the day on which P will have served the requisite custodial period.

(2) This section applies to a prisoner who is serving a sentence of imprisonment for a determinate term of at least 6 months, other than a prisoner —

(a) who is serving an extended custodial sentence under Article 14 of the 2008 Order, or

(b) to whom Article 20A of that Order applies.

(3) So long as P after being removed from prison under this section remains in Northern Ireland P remains liable to be detained in pursuance of P's sentence until P has served the requisite custodial period.

(4) The Department may by order amend the number of days for the time being specified in subsection (1).

(5) For the purposes of this section P is liable to removal from the United Kingdom if—

(a) P is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him,

(b) P is liable to deportation under section 3(6) of that Act,

(d) P is an illegal entrant within the meaning of section 33(1) of that Act, or

(e) P is liable to removal under section 10 of the Immigration and Asylum Act 1999.

(6) In this section and section 56—

“the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;

“the requisite custodial period”—in a case where P is a prisoner to whom Article 17 of the 2008 Order applies, has the meaning given by paragraph (2) of that Article;in any other case, means one-half of P's sentence.

Re-entry into Northern Ireland of offender removed under section 55

56

(1) This section applies to a person who, having been removed from prison under section 55, has been removed from the United Kingdom before serving the requisite custodial period.

(2) If a person to whom this section applies enters Northern Ireland at any time before the person's sentence expiry date, the person is liable to be detained in pursuance of the person's sentence from the time of the person's entry into Northern Ireland until whichever is the earlier of the following—

(a) the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and

(b) the person's sentence expiry date.

(3) A constable may arrest without warrant any person whom he reasonably suspects is liable to be detained by virtue of subsection (2) and take that person to the place in which that person is liable to be detained.

(4) A person returned to prison by virtue of subsection (2) may not be again removed from prison under section 55.

(5) Where—

(a) a person to whom Article 17(1) of the 2008 Order applies is returned to prison by virtue of subsection (2), and

(b) the further custodial period ends before the sentence expiry date,

Article 17 (1) has effect in relation to the person as if the reference to the requisite custodial period were a reference to the further custodial period.

(6) In this section—

“further custodial period” has the meaning given by subsection (2)(a);

“outstanding custodial period”, in relation to a person, means the period beginning with the date of the person's removal from the United Kingdom and ending with the date on which the person would, but for that removal, have served the requisite custodial period;

“sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for that person's release from prison and removal from the United Kingdom, that person would have served the whole of the sentence.

Direct committal for trial

Direct committal for trial: indictable offence triable summarily

57

(1) Section 9 of the Justice Act (Northern Ireland) 2015 (cases where direct committal provisions may apply) is amended as follows.

(2) In subsection (1) for “either” substitute “ one ”.

(3) In subsection (2) after paragraph (a) insert—

(aa) that the offence is an indictable offence to which Article 45 of the Magistrates' Courts (Northern Ireland) Order 1981 or Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies; or

Firearms

Amendments of Firearms (Northern Ireland) Order 2004, etc.

58

(1) The Firearms (Northern Ireland) Order 2004 has effect subject to the amendments contained in Schedule 5.

(2) The following provisions of the Justice Act (Northern Ireland) 2011 are repealed—

section 103 (variation of firearm certificate);

section 104 (restrictions on use of shotguns by young persons), and

section 105 (restrictions on possession of air guns by young persons).

Costs

Costs of Accountant General in administering funds in court

59

(1) In section 116 of the Judicature (Northern Ireland) Act 1978 (fees), in subsection (1), after “in any office or by any officer connected with any such court” insert “ (including the Accountant General and the office maintained under section 77(2)) ”.

(2) At the end of that section insert—

(5) Nothing in this section affects section 39 of the Administration of Justice Act 1982 (which includes provision relating to the costs of administering funds in court).

PART 4 — General

Regulations and orders

60

(1) A power to make regulations under this Act is, subject to subsection (2), exercisable by the Department of Justice.

(2) The power to make regulations under section 15(1) is exercisable by the Department for Social Development.

(3) Regulations under section 2(3), 35(5) or 39(1)(a) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(4) Any other regulations under this Act are subject to negative resolution.

(5) An order to which this subsection applies may not be made unless a draft of the order has been laid before, and approved by resolution of, the Assembly; and this subsection applies to—

(a) an order under section 14(7);

(b) an order under section 28(2) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation;

(6) Any other order under this Act made by the Department of Justice (other than an order under section 61) is subject to negative resolution.

(7) Regulations or orders under this Act made by the Department of Justice or the Department for Social Development may contain incidental, supplementary, transitional, transitory or saving provision.

Commencement and short title

61

(1) Section 28(2) and (3), Part 3 (other than section 48) and this Part come into operation on the day after this Act receives Royal Assent.

(2) The other provisions of this Act come into operation on such day or days as the Department of Justice may by order appoint.

(3) An order under this section may contain such transitional provision and such transitory modifications of this Act as appear to the Department of Justice to be necessary or expedient in connection with any provision brought into operation by the order.

(4) This Act may be cited as the Justice Act (Northern Ireland) 2016.

SCHEDULE 1

Service of order

1

(1) An attachment of earnings order must be served on the debtor's employer.

(2) Where a person is served with an attachment of earnings order that is directed to that person but the person does not employ the debtor, or subsequently ceases to employ the debtor, the person must, within 7 days of the date of service or of the person ceasing to employ the debtor (as the case may be), notify the collection officer in writing.

(3) A person commits an offence if the person fails, without reasonable excuse, to provide a notification required under sub-paragraph (2) (including as that sub-paragraph is applied by paragraph 6(4) or 7(7)).

(4) A person commits an offence if, in providing information in response to a requirement under sub-paragraph (2) (including as that sub-paragraph is applied by paragraph 6(4) or 7(7)), the person—

(a) provides information which the person knows to be false in a material particular,

(b) recklessly provides information which is false in a material particular, or

Compliance with order

2

(1) Where an attachment of earnings order is served on the debtor's employer, the employer must comply with the order.

(2) A person commits an offence if the person fails, without reasonable excuse, to comply with an attachment of earnings order served on that person.

(3) But the person is not liable, whether under sub-paragraph (2) or otherwise, for a failure to comply with the order before the end of seven days beginning with the date of service.

Power to determine whether payments are earnings

3

(1) Where an attachment of earnings order is made, the debtor or employer may apply to the responsible court for a determination as to whether payments to the debtor of the description specified in the application are earnings for the purposes of the order (as to which, see section 18(6)).

(2) The employer must give effect to any determination for the time being in force under sub-paragraph (1).

(3) Where the employer makes an application under this paragraph, the employer does not incur liability for failure to comply with the order in relation to payments of the description specified in the application before the application is determined or withdrawn.

Administrative costs of employer

4

Regulations may provide that, on any occasion when the debtor's employer makes a deduction from the debtor's earnings in compliance with an attachment of earnings order, the employer—

(a) may also deduct such sum as is specified towards clerical and administrative costs, and

(b) where the employer does so, must give the debtor a statement in writing of the total amount of the deduction.

Change of circumstances

5

(1) If a debtor in relation to whom an attachment of earnings order is in force leaves an employment, or becomes employed or re-employed, the debtor must notify the collection officer in writing within seven days of doing so.

(2) If the debtor becomes employed or re-employed, the notification under sub-paragraph (1) must specify the earnings or expected earnings from the employment in question.

(3) A person who becomes an employer of the debtor and knows that an attachment of earnings order is in force in relation to the debtor must, within seven days of becoming the debtor's employer or of acquiring the knowledge (whichever is later), notify the collection officer that the person is employing the debtor.

(4) A notification under sub-paragraph (3) must state the debtor's earnings and expected earnings from the employment.

(5) A person commits an offence if the person fails, without reasonable excuse, to provide a notification required under sub-paragraph (1) or (3).

(6) A person commits an offence if, in providing a notification required under sub-paragraph (1) or (3), the person—

(a) provides information which the person knows to be false in a material particular,

(b) recklessly provides information which is false in a material particular, or

Variation of order

6

(1) Where the collection officer makes an attachment of earnings order, the collection officer may, whether on an application by the debtor or on the officer's own motion, vary the order.

(2) Where a court has made an attachment of earnings order, the court may, whether on an application by the debtor or the collection officer or on its own motion, vary the order.

(3) An attachment of earnings order may be varied under this paragraph only if—

(a) there has been a change in the debtor's circumstances—

(i) which the collection officer or court (as the case may be) considers relevant, or

(ii) which is of a description such as may be specified in regulations, and

(b) the collection officer or court considers the variation appropriate.

(4) Where an attachment of earnings order is varied under this paragraph, the order as varied must be served on the employer; and paragraph 1(2) applies to the order as varied.

(5) Where an attachment of earnings order as varied under this paragraph is served on the debtor's employer, the employer must comply with the order as varied.

(6) A person commits an offence if the person fails, without reasonable excuse, to comply with an attachment of earnings order as varied under this paragraph that is served on that person.

(7) But a person does not incur liability, whether under sub-paragraph (6) or otherwise, for a failure to comply with the order before the end of seven days beginning with the date of service.

Discharge of order

7

(1) Where the collection officer makes an attachment of earnings order, the collection officer may, whether on an application by the debtor or on the officer's own motion, discharge the order.

(2) Where a court makes an attachment of earnings order, the court may, whether on an application by the debtor or the collection officer or on its own motion, discharge the order.

(3) An attachment of earnings order is discharged if the outstanding amount is paid.

(4) An attachment of earnings order may be discharged under sub-paragraph (1) or (2) only if—

(a) the order fails (see sub-paragraph (5)), or

(b) the discharge is in accordance with sub-paragraph (6).

(5) An attachment of earnings order is to be regarded as failing in such circumstances as are specified in regulations.

(6) A discharge on the collection officer's or the court's own motion may be made only in such circumstances as are specified in regulations.

(7) Where an attachment of earnings order is discharged under this paragraph, notice of the discharge must be served on the employer; and paragraph 1(2) applies to the notice as it applies to an order.

(8) A person on whom a notice is served under sub-paragraph (7) commits an offence if, in spite of the discharge of the order, the person acts as the person would have been required to act if the order had still been in force.

(9) Where notice of the discharge of an attachment of earnings order is served on the employer, that person does not incur liability, whether under sub-paragraph (8) or otherwise, if, at any time before the end of seven days beginning with the date of service of the notice, the person treats the order as still in force.

Prioritisation of orders

8

(1) Part 2 of Schedule 1 to the Judgments Enforcement (Northern Ireland) Order 1981 is amended as follows.

(2) In paragraph 9—

(a) in the definition of “attachment of earnings order”—

(i) for “100(4)” substitute “ 100(1) ”, and

(ii) at the end insert “ and such an order under section 18 of the Justice Act (Northern Ireland) 2016 ”,

(b) after that definition insert—

collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

, and

(c) in the definition of “maintenance order”, for “that paragraph” substitute “Article 100(1) of the Magistrates' Courts (Northern Ireland) Order 1981”.

(3) In paragraph 10—

(a) omit “by a court” in the first and third places it appears, and

(b) after “maintenance orders” insert “ or collection orders ”.

(4) In paragraph 11—

(a) omit “by a court” in the first, third and fourth places it appears,

(b) after “maintenance orders” insert “ or collection orders ”,

Crown employment

9

(1) Where a debtor is employed by the Crown and an attachment of earnings order is made in relation to the debtor—

(a) the chief officer for the time being of the government department, office or other body in which the debtor is employed is to be treated as employing the debtor (any transfer of the debtor from one department, office or body to another being treated as a change of employment), and

(b) any earnings paid by the Crown, a Minister of the Crown or a government department, or out of the public revenue of the United Kingdom or Northern Ireland, are to be treated as paid by that chief officer.

(2) The reference in sub-paragraph (1)(a) to the department, office or other body in which the debtor is employed is, in the case of a debtor whose earnings are paid by the body as principal and who is accordingly treated by virtue of section 18(5) as being employed by the body, to be read as a reference to the body by which earnings are paid to the debtor in that capacity.

(3) If a question arises in proceedings for or arising out of an attachment of earnings order as to which department, office or other body is concerned for the purposes of this paragraph, or as to who for those purposes is the chief officer of the body concerned, the question is to be referred to and determined by the Department of Finance and Personnel or (as the case may require) the Minister for that Department.

(4) A reference under sub-paragraph (3) is to be made by the collection officer or court making, or proposing to make, the attachment of earnings order.

(5) A document purporting to set out a determination of the Department of Finance and Personnel under sub-paragraph (3) and to be signed by an officer of that Department, or a determination of the Minister of that Department under that sub-paragraph and to be signed on behalf of that Minister, is in any proceedings for or arising out of an attachment of earnings order to be admissible in evidence and deemed to contain an accurate statement of the determination unless the contrary is shown.

(6) In this paragraph, “government department” includes a department of the government of the United Kingdom.

Regulations

10

Regulations may make further provision relating to attachments of earnings orders.

SCHEDULE 2

Criminal Justice Act (Northern Ireland) 1945

1

(1) In section 35 (powers of courts in relation to fines and forfeited recognizances), in subsection (1), in paragraph (e) at the end insert “ , unless there is a collection order in relation to the amount concerned ”.

(2) After section 35(4A) insert—

(4B) In a case where there is a collection order, the power to make the application referred to in subsection (4A) is instead exercisable by the collection officer responsible for securing compliance with the order.

(3) In section 35(5) for “the last foregoing sub-section” substitute “ subsection (4) ”.

(4) After section 35(7) insert—

(8) In this section, “collection order” means an order under section3 of the Justice Act (Northern Ireland) 2016.

Mines Act (Northern Ireland) 1969

2

In Schedule 3 (inquiries into fitness of holders of certificates of competency), after paragraph 9 insert—

(9A) The tribunal, having received an application under paragraph 9, must refer it to a district judge (magistrates' courts) for the judge to consider whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016; and the order may be made without a court hearing.

Magistrates' Courts (Northern Ireland) Order 1981

3

(1) In Article 2(3) (interpretation) at the appropriate place insert—

“collection order” means (except in Article 96(1B)) an order under section 3 of the Justice Act (Northern Ireland) 2016;

(2) In Article 91 (payment of sums adjudged to be paid by a conviction), in paragraph (4) at the end insert “ , unless there is a collection order in relation to the sum ”.

(3) In Article 92 (enforcing payment of a sum adjudged to be paid by a conviction), in paragraph (4) at the end insert “ ; but this does not apply where there is a collection order in relation to the sum ”.

(4) In Article 92A (fines imposed on companies), after paragraph (1) insert—

(1A) In a case where there is a collection order, the power to make the application referred to in paragraph (1) is instead exercisable by the collection officer responsible for securing compliance with the order.

(5) In Article 96 (transfer of fines elsewhere in the United Kingdom), after paragraph (1) insert—

(1A) The clerk of a court of summary jurisdiction acting for the district in question must refer the transfer of fine order to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing. (1B) The duty under paragraph (1A) applies whether or not a collection order under Schedule 5 to the Courts Act 2003 or an enforcement order under section 226B of the Criminal Procedure (Scotland) Act 1995 has been made in relation to the sum to which the transfer of fine order relates.

Police and Criminal Evidence (Northern Ireland) Order 1989

4

In Article 19(1) (power of constable to enter and search), in sub-paragraph (a), after paragraph (ii) insert

; or (iii) a warrant of commitment issued under section 9(1)(i) of the Justice Act (Northern Ireland) 2016 (default by debtor);

Road Traffic Offenders (Northern Ireland) Order 1996

5

(1) In Article 2(2) (interpretation) at the appropriate place insert—

“collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

(2) In Article 76 (registration of sums payable in default), in paragraph (2)(a), for “21 days” substitute “ 28 days ”.

(3) After Article 76(3) insert—

(3A) The clerk of petty sessions must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing. (3B) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under paragraph (2)(a).

(4) In Article 79 (provisions supplementary to Articles 77 and 78 (which deal with cases where the registration of certain notices is invalidated)), in paragraph (5), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

(5) In Part 2 of Schedule 2 (statutory statement of facts), in paragraph 3(3)(c), after “the person on whom the notice to owner is served” insert “ and a collection order may be made in that person's case without any court hearing ”.

Criminal Justice and Immigration Act 2008

6

(1) In section 88 (international co-operation in relation to criminal justice matters: procedure in Northern Ireland on receipt of certificate by clerk of petty sessions), in subsection (3)—

(a) after “must decide” insert

— (a)

, and

(b) at the end insert

, and (b) if it is satisfied that none of the grounds for refusal apply, whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016.

(2) In section 88(6) for the words from the beginning to “that Part,” substitute “ The enactments specified in subsection (6ZA) ”.

(3) After section 88(6) insert—

(6ZA) The enactments specified in this subsection are— (a) Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 and any instrument made under that Part; (b) Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 and any instrument made under that Chapter.

Justice Act (Northern Ireland) 2011

7

(1) In section 67 (registration of fixed penalty), in subsection (2)(a), for “21 days” substitute “ 28 days ”.

(2) After section 67(3) insert—

(3A) Thefixed penalty clerk must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing. (3B) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under subsection (2)(a).

(3) In section 68 (challenge to notice), in subsection (9), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

(4) In section 69 (setting aside of sum enforceable under section 67), in subsection (5), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

(5) In section 70 (interpretation) at the appropriate place insert—

“collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

Justice Act (Northern Ireland) 2015

8

(1) In section 24 (prosecutorial fines: registration of sum payable in default), in subsection (2)(a), for “21 days” substitute “ 28 days ”.

(2) After section 24(3) insert—

(3A) The fines clerk must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing. (3B) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under subsection (2)(a).

(3) In section 25 (challenge to notice), in subsection (7), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

(4) In section 26 (setting aside of sum enforceable under section 24), in subsection (3), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

(5) In section 27 (interpretation), at the appropriate place insert—

“collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

SCHEDULE 3

Appointment, status and term of office

1

The Department shall appoint a person to be the Ombudsman.

2

The Ombudsman is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

3

(1) A person appointed as Ombudsman holds office for such term, not exceeding 7 years, as may be specified in the terms of appointment.

(2) At the end of that term the person concerned is not eligible for re-appointment.

4

(1) A person holding office as Ombudsman may resign that office by notice in writing to the Department.

(2) A person holding office as Ombudsman may be removed from office by the Department if the Department is satisfied that the person—

(a) is incapable for medical or other reasons of performing the functions of the office;

(b) has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of 3 months;

(d) has been convicted of a criminal offence; or

(e) is otherwise unable, unfit or unwilling to perform the functions of the office.

Remuneration and allowances

5

The Department shall pay the Ombudsman such remuneration and such travelling and other allowances as the Department may determine.

6

The Department shall pay to or in respect of a person who holds or has held office as Ombudsman such pension, allowances or gratuities as the Department may determine.

Appointment of acting Ombudsman

7

(1) Where the office of Ombudsman becomes vacant, the Department may appoint a person as acting Ombudsman.

(2) Any person holding office as acting Ombudsman ceases to hold that office—

(a) on the appointment of a new Ombudsman; or

(b) at the end of the period of one year beginning with the day on which the vacancy arose,

whichever first occurs.

(3) Otherwise, a person appointed as acting Ombudsman holds office in accordance with the terms of appointment.

(4) A person holding office as acting Ombudsman is to be treated for all purposes (apart from those of paragraphs 1 to 6) as the Ombudsman.

The Ombudsman's officers

8

(1) The Ombudsman may, with the approval of the Department as to numbers and conditions of employment, appoint such officers as the Ombudsman may determine.

(2) Any function of the Ombudsman may be performed on behalf of the Ombudsman by any officer of the Ombudsman authorised for the purpose by the Ombudsman.

Advisers

9

The Ombudsman may obtain advice from any person who, in the opinion of the Ombudsman, is qualified to give it, to assist the Ombudsman in the discharge of any function of the Ombudsman.

Documents

10

A document purporting to be duly signed by, or on behalf of, the Ombudsman shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

Finance

11

(1) The Department may make payments to the Ombudsman out of moneys appropriated by Act of the Assembly.

(2) Payments under this paragraph shall be made on such terms and conditions as the Department may determine.

(3) The Ombudsman may not borrow money.

Annual report

12

(1) As soon as practicable after the end of each financial year, the Ombudsman shall send to the Department a report on the carrying out of the functions of the Ombudsman during that year.

(2) The Department shall lay a copy of the report before the Assembly and arrange for it to be published.

Data protection

13

In section 31(4) of the Data Protection Act 1998 (regulatory activities) in paragraph (a) after sub-paragraph (v) insert—

(va) the Prison Ombudsman for Northern Ireland;

Freedom of information

14

(1) In section 76(1) of the Freedom of Information Act 2000 (disclosure of information) in the Table after the entry relating to the Assembly Ombudsman for Northern Ireland insert—

The Prison Ombudsman for Northern Ireland	Part 2 of the Justice Act (Northern Ireland) 2016

(2) In Part 7 of Schedule 1 to that Act (bodies, etc. which are public authorities for the purposes of the Act) for the entry relating to the Prisoner Ombudsman for Northern Ireland substitute— “ The Prison Ombudsman for Northern Ireland ”

Public Services Ombudsman

15

In Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities) after the entry relating to the Northern Ireland Police Fund insert— “ The Prison Ombudsman for Northern Ireland ”.

Interpretation

16

In this Schedule “financial year” means—

(a) the period beginning with the day on which section 47(1) comes into operation and ending on 31st March 2017; and

(b) any subsequent period of 12 months ending on 31st March.

SCHEDULE 4

Exceptions for mere conduits

1

(1) A service provider is not capable of committing an offence under section 51 in respect of anything done in the course of providing so much of an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

2

(1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2) The service provider is not capable of committing an offence under section 51 in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a) the storage of information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the information, and

(4) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

3

(1) A service provider is not capable of committing an offence under section 51 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) , (2A) or (3) is satisfied.

(2) This sub-paragraph is satisfied if , in the case of information which consists of or includes a private sexual photograph or film, the service provider had no actual knowledge when the information was provided—

(a) that it consisted of or included a private sexual photograph or film,

(b) that it was provided without the consent of an individual who appears in the photograph or film, or

(2A) This sub-paragraph is satisfied if, in the case of information which consists of or includes a threat to disclose a private sexual photograph or film, the service provider had no actual knowledge when the information was provided—

(a) that it consisted of or included a threat to disclose a private sexual photograph or film in which another individual appears,

(b) that the threat was made with the intention of causing distress to that individual, or

(3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access it to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

4

(1) This paragraph applies for the purposes of this Schedule.

(2) “Photograph or film” has the meaning given in section 52.

(3) “Information society service” means any service normally provided—

(a) for remuneration,

(b) at a distance (namely, the service is provided without the parties being simultaneously present),

(i) sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and

(ii) entirely transmitted, conveyed and received by wire, radio, optical means or other electromagnetic means), and

(d) at the individual request of a recipient of services (namely, the service is provided through the transmission of data on individual request).

(4) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

SCHEDULE 5

Part 1 — Firearms - Persons under 18

Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16

1

(1) In Article 2(2) (interpretation), after the definition of “shotgun certificate” insert—

“shotgun club” means a club established for the purpose of promoting and practising skill in the use of shotguns;

(2) In the heading to Part 6, add at the end “ AND SHOTGUN CLUBS ”.

(3) After the heading to Part 6 add— “ Firearms clubs ”.

(4) After Article 50 insert—

(50A) (1) If the Chief Constable is satisfied that there will not be a danger to public safety or to the peace, the Chief Constable may, on payment of the appropriate fee, grant an authorisation for a shotgun club to allow persons under the age of 16 who have attained the age of 12 to use shotguns under appropriate supervision in accordance with the authorisation. (2) An authorisation must state that it is limited to the use of shotguns for clay target shooting or for such other purposes as may be prescribed. (3) The Chief Constable may at any time by notice in writing— (a) attach conditions to an authorisation; (b) vary or revoke conditions attached under this Article. (4) An authorisation shall continue in force for a period of five years from the date on which it is granted but if the Chief Constable is satisfied that there is a danger to public safety or to the peace, the Chief Constable may revoke the authorisation. (5) Any person who— (a) operates a shotgun club which allows a person under the age of 16 to use a shotgun except in accordance with an authorisation, or (b) contravenes any condition of an authorisation, shall be guilty of an offence. (6) In this Article— - “appropriate supervision” means under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least five years; - “authorisation” means an authorisation granted under this Article; - “prescribed” means prescribed by regulations made by the Department of Justice. (7) The Department of Justice may make regulations substituting a different age for the lower age mentioned in paragraph (1) and paragraph 11(4) of Schedule 1. (8) The Department of Justice shall not make regulations under this Article unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(5) Before the heading to Article 51 insert— “ Power of entry ”.

(6) In Article 51 (power of entry), in paragraph (1)—

(a) in sub-paragraph (a), after “club” insert “ or a shotgun club ”;

(b) after “Article 49” insert “ or 50A ”.

(7) In Schedule 1 (firearm certificates - exemptions), in paragraph 11, after sub-paragraph (3) add—

(4) A person who is under the age of 16 but has attained the age of 12 may, without holding a firearm certificate, use a shotgun in accordance with an authorisation under Article 50A.

(8) In Schedule 5 (table of punishments), after the entry relating to Article 49(5)(b) insert—

Article 50A(5)(a)	Operating a shotgun club which allows unauthorised use of shotguns	(a) Summary	1 year or a fine of the statutory maximum or both
		(b) Indictment	3 years or a fine or both
Article 50A(5)(b)	Contravention of conditions of authorisation	(a) Summary	1 year or a fine of the statutory maximum or both
		(b) Indictment	3 years or a fine or both

(9) In Schedule 5, in the second column of the entry relating to Article 51(2), after “club” insert “ or shotgun club ”.

Other amendments relating to persons under 18

2

(1) Article 7 (purposes for which a young person may acquire and have in possession certain firearms and ammunition), in paragraph (3)(b)(i), after “sporting purposes” insert “ or for the purpose of pest control ”.

(2) In Schedule 1 (firearm certificates—exemptions)—

(a) in paragraph 9 (air guns and ammunition), in sub-paragraph (3)(b), (person under 18 may not purchase an air gun without a certificate unless the person has attained the age of 17), the words “unless he has attained the age of 17” are repealed;

(b) in paragraph 11 (shotguns), in sub-paragraph (3), at the end add “ unless the person has attained the age of 16 and is under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least three years ”.

Part 2 — Firearm certificates and other certificates

Variation of firearm certificate

3

(1) In Article 11 (variation of firearm certificate), for paragraphs (3) to (5) substitute—

(3) If a person— (a) sells a firearm (“the first firearm”) to the holder of a firearms dealer's certificate (“the dealer”); and (b) as part of the same transaction purchases from the dealer another firearm (“the second firearm”); and (c) paragraph (4) applies, the dealer may, on payment of the appropriate fee, vary that person's firearm certificate by substituting the second firearm for the first firearm. (4) This paragraph applies— (a) if both the first firearm and the second firearm are shotguns; or (b) if— (i) the second firearm is of the same type and calibre as the first firearm; and (ii) neither firearm is a prohibited weapon or a shotgun; or (c) if— (i) the first firearm is a rifle of a description mentioned in the first column of Schedule 1A; and (ii) the second firearm is a rifle of a calibre specified in relation to the same Band of Schedule 1A as the calibre of the first firearm; and (iii) neither firearm is a prohibited weapon, a muzzle-loading firearm as defined in Article 45(9) or a shotgun; and (iv) the second firearm will not be of the same calibre as any other firearm to which the firearm certificate relates; and (v) the firearm certificate is not held subject to a condition that the first firearm may be used only for the purposes of target shooting. (5) If a person— (a) sells or transfers a firearm to the holder of a firearms dealer's certificate (“the dealer”); and (b) does not as part of the same transaction purchase or acquire from the dealer another firearm, the dealer may, on payment of the appropriate fee (if any), vary that person's firearm certificate by deleting that firearm. (6) Where the holder of a firearms dealer's certificate (“the dealer”) varies a firearm certificate under this Article, the dealer shall— (a) notify the Chief Constable of the variation within 72 hours of the variation being made; and (b) where the dealer receives the fee for varying the certificate, pay it to the Chief Constable. (7) A person who fails to comply with paragraph (6)(a) shall be guilty of an offence. (8) Schedule 1A (relevant firearms for Article 11(4)(c)) shall have effect. (9) The Department of Justice may make regulations amending Schedule 1A if a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(2) After Schedule 1 insert—

SCHEDULE 1A

BAND	CALIBRE
1. Small quarry air rifles	.177
1. Small quarry air rifles	.20
1. Small quarry air rifles	.22
1. Small quarry air rifles	.25
2. Small quarry	.17 Mach 2
2. Small quarry	.17 HMR (Hornady Magnum Rimfire)
2. Small quarry	.22 LR (Long Rifle)
2. Small quarry	.22 WMR (Winchester Magnum Rimfire)
3. Medium quarry	.17 Hornet
3. Medium quarry	.17 Remington
3. Medium quarry	.17 Remington Fireball
3. Medium quarry	.22 Hornet/5.6x36Rmm
3. Medium quarry	.222 Remington
3. Medium quarry	.204 Ruger
3. Medium quarry	.223 Remington/5.56x45mm
3. Medium quarry	.220 Swift
3. Medium quarry	.22-250
4. Large quarry	.243 Winchester
4. Large quarry	.25-06
4. Large quarry	6.5mm x 55/.256
4. Large quarry	7mm x 08 Remington
4. Large quarry	.270
4. Large quarry	7.62 x 51mm/.308 Winchester
4. Large quarry	.30-06

(3) In Schedule 5 (table of punishments), after the entry relating to Article 10(3) insert—

Article 11(7)	Failure of firearms dealer to notify Chief Constable of variation of firearm certificate	Summary	Level 3

Variation of firearms dealer's certificate

4

In Article 29(6) (variation of firearms dealer's certificate), at the end add “ on payment of the appropriate fee ”.

Updated certificates

5

(1) In Article 5 (grant of firearm certificate)—

(a) in paragraph (5), after “duplicate certificate” insert “ or an updated certificate ”;

(b) after paragraph (5) add—

(6) In paragraph (5)— - “duplicate certificate” means a copy of the firearm certificate as granted; and - “updated certificate” means the firearm certificate revised up to such date as may be specified on the certificate.

(2) In Article 26 (grant of firearms dealer's certificate)—

(a) in paragraph (7)—

(i) after “duplicate certificate” insert “ or an updated certificate ”;

(ii) the words “(if any)” are repealed;

(b) after paragraph (7) add—

(8) In paragraph (7)— - “duplicate certificate” means a copy of the firearms dealer's certificate as granted; - “updated certificate” means the firearms dealer's certificate revised up to such date as may be specified on the certificate.

Certificates granted in Great Britain

6

(1) The following provisions of Article 17 (firearm certificate or shotgun certificate granted in Great Britain has effect in Northern Ireland if Chief Constable grants certificate of approval) are repealed—

(a) in paragraph (1), the words from “if” to the end;

(b) paragraphs (2) and (3);

(i) in the definition of “applicable conditions” the words from “, subject” to the end;

(ii) the definitions of “certificate of approval” and “modifications”.

(2) In Article 18 (air guns held without a firearm certificate in Great Britain)—

(a) in paragraph (1)—

(i) after “an air gun” insert “ to which paragraph (3) applies ”;

(ii) in sub-paragraph (c) after “issued to him by the Chief Constable” add “ on payment of the appropriate fee ”;

(b) after paragraph (2) add—

(3) This paragraph applies to an air gun which is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.

Part 3 — Supplementary

Fees

7

(1) For Schedule 6 (fees) substitute—

SCHEDULE 6

1. Grant of firearm certificate	£98
2. Variation by Chief Constable	£30
3. Variation by firearms dealer under Article 11(3) to substitute firearm	£15
4. Variation by firearms dealer under Article 11(5) to delete firearm	No fee
5. Duplicate certificate	£14
6. Updated certificate	£14
7. Grant of museum firearms licence by Department of Justice	£110
---	---
8. Extension to additional premises	£75
9. Grant of visitor's firearm permit (except where paragraph 10 applies)	£16
---	---
10. Grant of six or more permits (taken together) on a group application	£80
11. Certificate of approval for air gun for resident in Great Britain	£11
---	---
12. Grant of firearms dealer's certificate	£300
---	---
13. Duplicate certificate	£14
14. Updated certificate	£14
15. Authorisation of firearms club	£71
---	---
16. Authorisation of shotgun club to allow use of shotgun by persons 12 or over but under 16, except where the shotgun club is also a firearms club and an authorisation under Article 49 is granted at the same time	£71.

Consequential amendment

8

In Article 80(5) (regulations and orders made by the Department of Justice), after “Order” insert “ , except regulations under Article 11(9) or 50A, ”.

Application of Chapter

Restriction on detention of children for default in paying fines, etc.

Distress in default

Limitations on remission

The Prison Ombudsman for Northern Ireland

Penalties for animal welfare offences

Lay visitors for all police stations

Disclosing private sexual photographs and films with intent to cause distress

Amendments of Firearms (Northern Ireland) Order 2004, etc.

Regulations and orders

Editorial notes

[^c22563541]: S. 28 (2)(3) in operation at 13.5.2016 see s. 61(1)

[^key-cb6ec962c002cb491346bdd4ec094275]: S. 48 in operation at 1.8.2016 by S.R. 2016/248, art. 2

[^key-45c795cfeb60e219a8dbebf600692391]: S. 35(5)(13) in operation at 1.9.2016 for specified purposes by S.R. 2016/248, art. 3(a)

[^key-81d616e106ef243df541371556bc1867]: S. 36(7) in operation at 1.9.2016 for specified purposes by S.R. 2016/248, art. 3(b)

[^key-c9ec8afb50439a620962792c225a513c]: S. 38(7) in operation at 1.9.2016 for specified purposes by S.R. 2016/248, art. 3(c)

[^key-43a18db4c5e3311872d52f7a9e33f88d]: S. 39(1)(a) in operation at 1.9.2016 for specified purposes by S.R. 2016/248, art. 3(d)

[^key-341b96d58915fbbcfacb3e72446a8a17]: S. 40(3) in operation at 1.9.2016 for specified purposes by S.R. 2016/248, art. 3(e)

[^key-627550e2f61b00aa30c8d7f740c6dbda]: S. 42(6) in operation at 1.9.2016 for specified purposes by S.R. 2016/248, art. 3(f)

[^key-10ae74f1a8604285a356cb5e057ebf18]: S. 2 in operation at 3.10.2016 by S.R. 2016/248, art. 4(a)

[^key-df00742b4781716e392eb881c7955557]: S. 6(12) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(b)

[^key-5c6a056a1f0d9867a31d3e06f7b54ba5]: S. 14(7) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(c)

[^key-2a160ae76ae0ee567817d3f44262e9a4]: S. 15 in operation at 3.10.2016 by S.R. 2016/248, art. 4(d)

[^key-7959b7f482d5cbee7a7437d2a7ae5464]: S. 18(4)(6) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(e)

[^key-27b02acf9949dcb2d29519a3af0216b6]: S. 19(2)(3) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(f)

[^key-b47285a18b2da56e4dc15fb57225dc61]: S. 20(5)(6) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(g)

[^key-e784a6eb390f97789871d4fc661bd92c]: S. 21(3) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(h)

[^key-60659c440fb097fa848ebad06b624b51]: S. 22(4)(7) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(i)

[^key-7edf9f8c036a153777d2a482f13ed34a]: S. 23(1)(5)(e)(7)(8) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(j)

[^key-8bfe95683d06a4e914041dff50bb0f05]: S. 26 in operation at 3.10.2016 by S.R. 2016/248, art. 4(k)

[^key-3aeb2eab49361559806dbe15cc0c068a]: Sch. 1 para. 4 in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(l)(i)

[^key-bd861b4c6825d02137c483ae9b2167c5]: Sch. 1 para. 6(3)(a)(ii) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(l)(ii)

[^key-fca74a6e11eafa3a0e39d8a45e17998d]: Sch. 1 para. 7(5) (6) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(l)(iii)

[^key-58ffd80ef293b4ba9dabeb4722275b71]: Sch. 1 para. 10 in operation at 3.10.2016 by S.R. 2016/248, art. 4(l)(iv)

[^key-d02967b6e835901c5a03f778df3b6783]: S. 18(8) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(4)

[^key-bbc442cbf931a31ca777b1341bb8557d]: Words in s. 17(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 208(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (but this amendment could not take effect until the commencement of 2016 c. 21 (N.I), s. 17(7) on 1.6.2018)

[^key-580059fac0d94185c8b8615e7a7b172a]: Words in s. 17(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 208(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (but this amendment could not take effect until the commencement of 2016 c. 21 (N.I), s. 17(8) on 1.6.2018)

[^key-ff33f96c0582e12a30ad3880f3bdc495]: Words in s. 44(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 209(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g)(but this amendment cannot take effect until the commencement of 2016 c.21 (N.I.), s. 44)

[^key-09e7ae9579f15a58887e938ffbd97107]: S. 44(3)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 209(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g)(but this amendment cannot take effect until the commencement of 2016 c.21 (N.I.), s. 44)

[^key-979d2ac17373c30cc92d714f87774db6]: S. 1 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-1f79c525cb28c8dd1e8541feed4eb3ce]: S. 3 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-cda354a61ac73b7e7e02630ecdb94a45]: S. 4 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-620ce107e858944de4585c956c80e5a3]: S. 5 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-596de6310396c11643373af3f44d3b1a]: S. 6(1)-(11) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-d4ae19f618489b2912b70024026b0bff]: S. 6(12) in operation at 1.6.2018 in so far as not already in operation by S.R. 2018/99, art. 2(a)

[^key-bacc59791a6c8ab70c912457fcef071a]: S. 7 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-34348120e991a242dd1643e885964c9b]: S. 8 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-eff01230d068f1ac6e24354d026c03a7]: S. 9 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-25c11792ccbb9dbb91c92c0c95942734]: S. 10 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-ca7888b0ff84d501e5be7d2ff698b62e]: S. 11 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-30a249eff4774de40df4f2e2913e0d7c]: S. 12 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-7308b4ef720a04df5d562713574a9654]: S. 13 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-218ac397f5cb6711e43282dfffeb0c4f]: S. 14(1)-(6) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-c1b38abde8477a494810a456742df2c7]: S. 14(7) in operation at 1.6.2018 in so far as not already in operation by S.R. 2018/99, art. 2(a)

[^key-275dcecc35e5a743dfbe3d1d0f030056]: S. 16 in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

[^key-c9dc14f9363b2de313f41d50afabdca8]: S. 18(1)-(3) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

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