Justice (Northern Ireland) Act 2002

2

• (1) Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows.

• (2) In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)—

• (a) in sub-paragraph (1), for “or defended by the Attorney General” substitute “ by the Advocate General for Northern Ireland ”, and

• (b) in sub-paragraph (2), for “First Minister and the deputy First Minister acting jointly” substitute “ Attorney General for Northern Ireland ” and insert at the end “ instituted by the Advocate General for Northern Ireland ”.

• (3) In paragraph 5 (notice of such proceedings), for “Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”.

• (4) In paragraph 13 (notice), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

• (5) In paragraph 23 (intimation), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

• (6) In paragraphs 33 and 34 (direct references to Judicial Committee), for “the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly” substitute “ the Advocate General for Northern Ireland, the Attorney General for Northern Ireland ”.

• (7) In paragraph 35(4) (no exercise of function pending decision on reference), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in—

• (a) paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),

• (b) paragraph 26 (notice of such proceedings), and

• (c) paragraphs 33 and 34 (direct references to Judicial Committee),

for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Human rights

5

In section 71(2) of the Northern Ireland Act 1998 (c. 47) (law officers able to rely on Convention rights under that Act even though not victim), after “to the Attorney General,” insert “ the Advocate General for Northern Ireland, ”.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In section 100(2) of the Scotland Act 1998 (similar provision in relation to that Act), after “, the Attorney General” insert “ , the Advocate General for Northern Ireland ”.

Varying retrospective decisions

8

In section 81(7) of the Northern Ireland Act 1998 (notice of intention to vary retrospective decision to be given to the appropriate authority), for “First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and ”.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Suspension of devolved government

11

• (1) Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows.

• (2) In sub-paragraph (1), after paragraph (c) insert—

(ca) any functions of the Attorney General for Northern Ireland may be discharged by the Advocate General for Northern Ireland;

.

• (3) In sub-paragraph (2)—

• (a) after “Minister” insert “ or the Attorney General for Northern Ireland ”, and

• (b) after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

• (4) In sub-paragraphs (3), (5) and (6), after “Minister” insert “ or the Attorney General for Northern Ireland ”.

Acting as Attorney General for Northern Ireland during vacancy

12

The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland about any arrangements they propose to make for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.

Consultation about appointment of Attorney General for Northern Ireland

13

The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland before appointing a person to be Attorney General for Northern Ireland.

Crown Solicitor

14

• (1) Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows.

• (2) In subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland ”.

• (3) In subsection (2), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Chief Inspector of Criminal Justice

15

Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.

16

• (1) Section 47 (functions: consultation and consent requirements etc.) is amended as follows.

• (2) In subsection (1), after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

• (3) In subsection (2), after “Secretary of State,” insert—

(aa) the Advocate General for Northern Ireland,

.

• (4) In subsection (5), after “consent of” insert “ the Advocate General for Northern Ireland and ”.

17

In section 49(5) (copies of reports relating to Public Prosecution Service), after “copy of it to” insert “ the Advocate General for Northern Ireland and ”.

Life sentence prisoners' representatives

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special advocates

19

In section 91(7) of the Northern Ireland Act 1998 (c. 47) (appointment of person to represent interests of party to proceedings before Tribunal under that section), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

20

In paragraph 7(2) of Schedule 2 to the Northern Ireland (Sentences) Act 1998 (c. 35) (appointment of person to represent prisoner’s interests in proceedings of Sentence Review Commissioners from which he and his representative are excluded), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Scheduled offences

21

The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.

22

In section 72(2)(b) (regulations providing for time limits to cease to have effect where Attorney General for Northern Ireland certifies that offence is not to be treated as scheduled offence), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

23

In Schedule 9 (certification that offence is not scheduled offence), in Notes 1 and 2 in Part 1, and in the Note in Part 3, for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Consent to prosecution

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

In section 1(3) of the Genocide Act 1969 (c. 12) (proceedings for genocide), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

27

In section 2(1) of the Biological Weapons Act 1974 (c. 6) (proceedings for offence of contravening section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

28

In section 11 of the Criminal Jurisdiction Act 1975 (c. 59) (proceedings for extra-territorial offences), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

29

In section 2(1) of the Internationally Protected Persons Act 1978 (c. 17) (proceedings for offence which is an offence by virtue only of section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

30

In section 3(1) of the Nuclear Material (Offences) Act 1983 (c. 18) (proceedings for offence which is an offence only by virtue of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

31

In section 135 of the Criminal Justice Act 1988 (c. 33) (proceedings for offence of torture), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

32

In section 9(1) of the Official Secrets Act 1989 (c. 6) (proceedings for offence under that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

33

In Article 8(11) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 (S.I. 1990/1651) (as substituted by the Iraq and Kuwait (United Nations Sanctions) (Second Amendment) Order 1990 (S.I. 1990/2144)) (proceedings for offence under that Order), for “Attorney General for Northern Ireland or” substitute “ Advocate General for Northern Ireland or the Attorney General for ”.

34

In section 31(1) of the Chemical Weapons Act 1996 (c. 6) (proceedings for offence under section 2 or 11 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

In—

• (a) section 55 (proceedings for offence under section 47 or 50), and

• (b) section 81(1) (proceedings for offence under section 79 or 80),

of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

37

Section 33 of this Act applies in relation to the giving of consent by the Advocate General for Northern Ireland as in relation to the giving of consent by the Director of Public Prosecutions for Northern Ireland.

SCHEDULE 8

Chief Inspector’s tenure

1

• (1) Subject as follows, the Chief Inspector holds office in accordance with the terms of his appointment (or re-appointment).

• (2) The Chief Inspector must not be appointed for more than five years at a time.

• (3) The Chief Inspector may resign by notice in writing to the Department of Justice.

• (4) The Department of Justice may dismiss the Chief Inspector if satisfied that—

• (a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

• (b) he has been convicted of a criminal offence,

• (c) a bankruptcy order has been made against him or he has become the subject of a bankruptcy restrictions order , or a debt relief order has been made in respect of him or he is the subject of a debt relief restrictions order, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

• (d) he is otherwise unable or unfit to exercise his functions.

Salary etc. of Chief Inspector

2

• (1) The Department of Justice must pay to or in respect of the Chief Inspector such—

• (a) salary,

• (b) allowances, and

• (c) sums for the provision of pensions,

as the Department of Justice determines.

• (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 1972 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

3

• (1) The Chief Inspector may employ staff, but subject to the approval of the Department of Justice as to—

• (a) numbers,

• (b) salary, and

• (c) other terms of employment.

• (2) The Chief Inspector may make arrangements for securing the provision to him of such assistance by persons employed in—

• (a) the civil service of the United Kingdom, or

• (b) the civil service of Northern Ireland,

as he considers appropriate for or in connection with the exercise of his functions.

• (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).

• (3) Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of “Other Bodies” insert—

Employment by the Chief Inspector of Criminal Justice in Northern Ireland.

• (4) The Chief Inspector must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual report

4

• (1) The Chief Inspector must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

• (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) 1954 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this paragraph “financial year” means—

• (a) the period beginning with the day on which section 45 comes into force and ending with the first 31st March which falls at least six months after that day, and

• (b) each subsequent period of twelve months beginning with 1st April.

Financial provisions

5

The Department of Justice may make grants to the Chief Inspector.

6

• (1) The Chief Inspector must—

• (a) keep proper accounts and proper financial records, and

• (b) prepare in respect of each financial year a statement of accounts.

• (2) The statement of accounts must—

• (a) contain such information, and

• (b) be in such form,

as the Department of Justice directs.

• (3) The Chief Inspector must send copies of the statement of accounts relating to a financial year to—

• (a) the Department of Justice, and

• (b) the Comptroller and Auditor General for Northern Ireland,

within such period after the end of the financial year as the Department of Justice directs.

• (4) The Comptroller and Auditor General for Northern Ireland must—

• (a) examine, certify and report on the statement of accounts, and

• (b) lay a copy of the statement of accounts and of his report on it before the Northern Ireland Assembly.

• (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.

• (5) In this paragraph “financial year” has the same meaning as in paragraph 4.

Delegation of functions

7

• (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to—

• (a) any member of his staff,

• (b) any person providing assistance by virtue of paragraph 3(2), or

• (c) the holder of any office within sub-paragraph (2).

• (2) Those offices are—

• (a) Her Majesty’s Inspector of Constabulary,

• (b) Her Majesty’s Chief Inspector of Prisons, . . .

• (c) Her Majesty’s Chief Inspector of the Crown Prosecution Service and,

• (d) Her Majesty’s Chief Inspector of the National Probation Service in England and Wales.

• (3) The Department of Justice may by order amend sub-paragraph (2) by—

• (a) adding an office,

• (b) omitting an office, or

• (c) altering the description of an office.

• (4) If the carrying out of an inspection or review is delegated under this paragraph it is nevertheless to be regarded for the purposes of sections 46 to 49 as carried out by the Chief Inspector.

Inspections of Police Service

8

• (1) Before an inspection of the Police Service of Northern Ireland or Police Service of Northern Ireland Reserve is carried out under section 46, the Chief Inspector must inform those of Her Majesty’s Inspectors of Constabulary who have been appointed under section 41(1) of the Police (Northern Ireland) Act 1998 (c. 32) as inspectors of constabulary for Northern Ireland.

• (2) If those inspectors notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must delegate its carrying out to them under paragraph 7.

• (3) If those inspectors do not notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must, before the inspection or review is carried out, consult the Department of Justice with a view to obtaining the Department’s approval of the inspection which it is proposed to carry out.

Miscellaneous

9

The Chief Inspector is a corporation sole.

10

• (1) The Chief Inspector is not to be regarded—

• (a) as the servant or agent of the Crown, or

• (b) as enjoying any status, immunity or privilege of the Crown.

• (2) The Chief Inspector’s property is not to be regarded as property of, or held on behalf of, the Crown.

11

The Chief Inspector may do anything, apart from borrowing money, which he considers is—

• (a) appropriate for facilitating, or

• (b) incidental or conducive to,

the exercise of his functions.

12

The application of the seal of the Chief Inspector is to be authenticated by the signature of the Chief Inspector or any member of his staff who has been authorised (whether generally or specially) for the purpose.

13

A document purporting to be—

• (a) duly executed by the Chief Inspector under his seal, or

• (b) signed on his behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

14

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

Chief Inspector of Criminal Justice in Northern Ireland.

15

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

Chief Inspector of Criminal Justice in Northern Ireland.

Freedom of information

16

In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

The Chief Inspector of Criminal Justice in Northern Ireland.

SCHEDULE 9

Commissioners' tenure

1

• (1) Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment).

• (2) A person may not be appointed as a Commissioner for more than five years at a time.

• (3) A Commissioner may resign by notice in writing to the Department of Justice.

• (4) The Department of Justice may dismiss a Commissioner if satisfied that—

• (a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

• (b) he has been convicted of a criminal offence,

• (c) a bankruptcy order has been made against him or he has become the subject of a bankruptcy restrictions order or a debt relief order has been made in respect of him or he is the subject of a debt relief restrictions order, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

• (d) he is otherwise unable or unfit to exercise his functions.

Commissioners holding judicial office

2

• (1) A person who holds judicial office may be appointed as a Commissioner without relinquishing that office.

• (2) But he is not, unless the terms of his appointment provide otherwise, required to perform the duties of his judicial office while he is a Commissioner.

Salary etc. of Commissioners not holding full-time judicial office

3

• (1) The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such—

• (a) salary,

• (b) allowances,

• (c) fees, or

• (d) sums for the provision of pensions,

as the Department of Justice may determine.

• (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 1972 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).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

4

• (1) The Commission may employ staff, but subject to the approval of the Department of Justice as to—

• (a) numbers,

• (b) salary, and

• (c) other terms of employment.

• (2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

• (a) the civil service of the United Kingdom, or

• (b) the civil service of Northern Ireland, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as it considers appropriate for or in connection with the exercise of its functions.

• (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).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions

5

The Department of Justice may make grants to the Commission.

6

• (1) The Commission must—

• (a) keep proper accounts and proper financial records, and

• (b) prepare in respect of each financial year a statement of accounts.

• (2) The statement of accounts must—

• (a) contain such information, and

• (b) be in such form,

as the Department of Justice directs.

• (3) The Commission must send copies of the statement of accounts relating to a financial year to—

• (a) the Department of Justice, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

within such period after the end of the financial year as the Department of Justice directs.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this paragraph “financial year” means—

• (a) the period beginning with the day on which section 50 comes into force and ending with the first 31st March which falls at least six months after that day, and

• (b) each subsequent period of twelve months beginning with 1st April.

Miscellaneous

7

The exercise by the Commission of its functions is not affected by—

• (a) any vacancy among the Commissioners, or

• (b) any defect in the appointment of a Commissioner.

8

• (1) The Commission is not to be regarded—

• (a) as the servant or agent of the Crown, or

• (b) as enjoying any status, immunity or privilege of the Crown.

• (2) The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

9

The Commission may do anything, apart from borrowing money, which it considers is—

• (a) appropriate for facilitating, or

• (b) incidental or conducive to,

the exercise of its functions.

10

The application of the seal of the Commission is to be authenticated by the signature of any Commissioner or member of staff of the Commission who has been authorised (whether generally or specially) for the purpose.

11

Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.

12

A document purporting to be—

• (a) duly executed by the Commission under its seal, or

• (b) signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

13

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Law Commission.

14

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Law Commission.

Freedom of information

15

In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Law Commission.

SCHEDULE 10

The Schedule to be inserted after Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) ia as follows—

SCHEDULE 11

Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))

1

In section 2(1A) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs ordered by magistrates’ court to be paid by person under 17 not to exceed amount of fine imposed on him), for “seventeen” substitute “ eighteen ”.

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

2

In section 9(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (remand and committal of persons between 17 and 21), for “seventeen” substitute “ eighteen ”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

3

In Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders)—

• (a) in sub-paragraph (a), for “seventeen” substitute “ eighteen ”, and

• (b) in the heading of Table A, for “17” substitute “ 18 ”.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

4

In Article 45(4) of the Magistrates’ Courts (Northern Ireland) Order 1981 (summary trial of persons 17 or over), for “seventeen” substitute “ eighteen ”.

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

5

In Article 13(1) of the Treatment of Offenders (Northern Ireland) Order 1989 (removal to young offenders centre of persons between 17 and 21), for “17” substitute “ 18 ”.

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))

6

In Article 14(11) of the Criminal Justice (Northern Ireland) Order 1994 (compensation to be paid under compensation order made against offender under 17 not to exceed £1,000), for “17” substitute “ 18 ”.

Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24))

7

The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

8

In Article 5(9) (conditional discharge in case of offender under 17: exercise of powers once 17 or over), for “17” (in both places) substitute “ 18 ”.

9

In Article 6(2) (effect of discharge where offender 17 or over), for “17” substitute “ 18 ”.

10

In Article 7(1)(b) (power to require offender between 14 and 17, or his parent or guardian, to give security for good behaviour of offender), for “17” substitute “ 18 ”.

11

In Article 9(5) (court not to dispense with need for pre-sentence report before passing community sentence on person under 17 unless it relies on previous report), for “17” substitute “ 18 ”.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In Article 29(4)(c) (fixing of fine where parent or guardian of offender under 17 has failed to comply with financial circumstances order etc.), for “17” substitute “ 18 ”.

14

In Article 31(3) (false statements as to financial circumstances in cases where persons charged are under 17), for “17” substitute “ 18 ”.

15

In Article 34(2) (copy of report of probation officer to be given to parent or guardian of offender under 17), for “17” substitute “ 18 ”.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

16

The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

17

In Article 2(2) (interpretation), in the definitions of “adult” and “child”, for “17” substitute “ 18 ”.

18

In Article 30(2) and (3) (powers of youth court where child becomes an adult), for “17” substitute “ 18 ”.

19

In Article 45 (punishment of certain grave crimes)—

• (a) in paragraph (1), for “under the age of 18” substitute “ a child ”,

• (b) in paragraphs (4) and (5), for “person” substitute “ child ”, and

• (c) in paragraph (6), for “person will, in the opinion of the Secretary of State, attain the age of 18” substitute “ child will, in the opinion of the Secretary of State, become an adult ”.

20

In Article 53 (parental responsibility for children in juvenile justice centres), for “person detained by the managers of a juvenile justice centre is under the age of 18” substitute “ child is being detained by the managers of a juvenile justice centre ”.

21

In Article 54 (escapes from juvenile justice centres)—

• (a) in paragraph (1), for “under the age of 18” substitute “ still a child ”,

• (b) omit paragraph (3)(b), and

• (c) in paragraph (4), for “paragraph (3)(b)(ii) or (c)” substitute “ paragraph (3)(c) ”.

Terrorism Act 2000 (c. 11)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12

Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))

1

Section 18(3) of the Criminal Justice Act (Northern Ireland) 1945 (prosecution of offences against a corporation) shall continue to have effect with the substitution (originally made by Article 10 of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))) of “an indictment has been presented” for the words from “a grand jury” to “a true Bill”.

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

2

Section 20(3) of the Interpretation Act (Northern Ireland) 1954 (offences by bodies corporate) shall continue to have effect with the substitution (originally made by Article 9(3) of the Prosecution of Offences (Northern Ireland) Order 1972) of “except by or with the consent of the Attorney-General or the Director of Public Prosecutions for Northern Ireland” for “except upon the direction of the Attorney-General”.

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

3

The County Courts Act (Northern Ireland) 1959 has effect subject to the following amendments.

4

• (1) Section 102 (appointment and assignment of judges) is amended as follows.

• (2) In subsection (4) (assignment of one judge to each division), for “one judge” substitute “ one or more judges ”.

• (3) In subsection (5) (judge assigned to Belfast or Londonderry to be Recorder), after “judge” insert “ , or (if more than one) one of the judges, ”.

5

In section 106(2) (salary payable to judge from date on which he takes the oaths required by section 105(3)), for “oaths required by section 105(3)” substitute “ required oath or makes the required affirmation and declaration ”.

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

6

Sections 73, 96, 97, 106(1) and 120 of, and paragraph 12 of Schedule 8 to, the Electoral Law Act (Northern Ireland) 1962 (prosecution of offences disclosed on election petitions) shall continue to have effect with the substitution (originally made by Article 9(1) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) of “The Director of Public Prosecutions for Northern Ireland” for “The Chief Crown Solicitor”.

Law Commissions Act 1965 (c. 22)

7

The Law Commissions Act 1965 has effect subject to the following amendments.

8

In section 1(1) (purpose of Law Commission), after “of the law” insert “ of England and Wales ”.

9

In section 3(4) (duty of Law Commission and Scottish Law Commission to consult each other), insert at the end “ and the Northern Ireland Law Commission ”.

Administration of Justice Act 1973 (c. 15)

10

The Administration of Justice Act 1973 has effect subject to the following amendments.

11

In section 9(5) (judicial salaries), after “Salaries payable” insert “ under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable ”.

12

In section 12(1) (retirement of higher judiciary in event of incapacity), after “Northern Ireland” insert “ (other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies) ”.

Judicature (Northern Ireland) Act 1978 (c. 23)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

14

In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders), after sub-paragraph (b) insert—

(ba) a custody care order under Article 44A of that Order of 1998;

.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

15

• (1) Section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal to Court of Appeal) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), after “1996” insert “ or a youth conference order ”, and

• (b) in paragraph (b), after “community order” insert “ or the youth conference order ”.

• (3) In subsection (3)(c), for “paragraph 4(1)(a)” substitute “ paragraph (a), or against whom an order is made under paragraph (b) or (c), of paragraph 4(1) ”.

• (4) After that subsection insert—

(3A) A person may appeal to the Court of Appeal against a decision under paragraph 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) not to revoke an order which is in force with respect to him; and on such an appeal the Court of Appeal may do anything which the Crown Court could do under that paragraph. (3B) A person may appeal to the Court of Appeal against the dismissal of an application to the Crown Court under paragraph 5 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) to make an order under sub-paragraph (1) of that paragraph.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

16

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 has effect subject to the following amendments.

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

In Article 28(2) (free legal aid in the magistrates’ court: representation by counsel), for “proceedings” substitute “ defence ”.

24

In Article 31 (resolution of doubts), after “28,” insert “ 28A, ”.

25

In Article 32 (statements for purposes of free legal aid), after “28,” insert “ 28A, ”.

26

In Article 36(3) (rules about free legal aid in criminal proceedings), after sub-paragraph (b) insert—

(bb) the form for the purpose of Article 28A(2)(a);

.

27

In Article 39 (interpretation of Part 3)—

• (a) after the definition of “the certifying authority” insert—

“child” has the meaning given in Article 2(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9); “court-ordered youth conference” has the meaning assigned to that expression by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;,

• (b) in the definition of “criminal aid certificate” after “28(1),” insert “ 28A(3), ”, and

• (c) after that definition insert—

• “diversionary youth conference” has the meaning assigned to that expression by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates' Courts (Northern Ireland) Order 1981 (S.I 1981/1675 (N.I. 26))

29

The Magistrates’ Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

30

In Article 47(6) (period of remand), after “1998” insert

; and (ba) a custody care order within the meaning of that Order.

31

• (1) Article 140 (appeals to county court) is amended as follows.

• (2) In paragraph (2), for “made on conviction,” substitute “ passed on the person for the offence, whether on conviction or in subsequent proceedings, ”.

• (3) After that paragraph insert—

(2A) A person may appeal to a county court against— (a) a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24); (b) the dismissal of an application under Part 3 or 4 of that Schedule; (c) a fine imposed, or an order made, under Article 41(2) or 44F(3) or (4) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9); (d) an order made under Article 44C(3)(a) or 54(3)(a) of that Order; (e) an order made under paragraph 3 of Schedule 1A to that Order; or (f) the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph.

Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))

32

The Child Abduction (Northern Ireland) Order 1985 has effect subject to the following amendments.

33

In Article 3(7) (application of offence of abduction of child in care or subject to certain orders) insert at the end “or a custody care order.”

34

• (1) Paragraph 4 of the Schedule (modifications of Article 3 for children in certain cases) is amended as follows.

• (2) In sub-paragraph (1), after “order” insert “ or a custody care order ”.

• (3) In sub-paragraph (2)(a)—

• (a) after “consent of” insert “ , in the case of a juvenile justice centre order, ”, and

• (b) after “juvenile justice centre” insert “ or, in the case of a custody care order, the appropriate authority within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998 ”.

• (4) In sub-paragraph (3), insert at the end “ and “custody care order” has the same meaning as in Article 44A of that Order. ”

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4))

35

The Mental Health (Northern Ireland) Order 1986 has effect subject to the following amendments.

36

In Article 44(8) (orders which can be made in conjunction with hospital or guardianship orders), for the words from “including” to the end substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998. ”

37

In Article 50A(7) (remitting persons for trial following detention in hospital)—

• (a) after sub-paragraph (d) insert

; or (e) to secure accommodation;

, and

• (b) for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.

38

In Article 53(5)(a) (removal to hospital of certain persons serving sentences of imprisonment), for the words from “including” to “juvenile justice centre” substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9) ”.

39

• (1) Article 56 (further provision as to prisoners under sentence) is amended as follows.

• (2) In paragraph (1)—

• (a) for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”, and

• (b) in sub-paragraph (b), after “juvenile justice centre” insert “ or the authority providing the secure accommodation ”.

• (3) In paragraph (3), for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.

40

• (1) Article 61 (interpretation) is amended as follows.

• (2) In paragraph (1A)—

• (a) for “means any juvenile justice centre,” substitute “ means any young offenders centre, any juvenile justice centre, any secure accommodation, ”, and

• (b) insert at the end “ ; and in this paragraph “young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)). ”

• (3) After paragraph (1A) insert—

(1B) In this Part “secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)) for the purpose of restricting liberty.

Criminal Justice Act 1988 (c. 33)

41

In paragraph 12 of Schedule 3 to the Criminal Justice Act 1988 (reviews of sentencing: supplementary), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

42

The Police and Criminal Evidence (Northern Ireland) Order 1989 has effect subject to the following amendments.

43

• (1) Article 2(2) (interpretation) is amended as follows.

• (2) After the definition of “items subject to legal privilege” insert—

“juvenile justice centre” has the same meaning as in the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

• (3) After the definition of “recordable offence” insert—

“secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995) for the purpose of restricting liberty;

.

• (4) At the end insert—

“young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));

.

44

In Article 2(5) (definition of “custodial establishment”), after “juvenile justice centre” insert “ , secure accommodation ”.

45

In Article 19(1)(ca) (entry for purpose of arrest), after “juvenile justice centre” insert “ or secure accommodation ”.

46

In Article 39(8) (place of safety), for “means any juvenile justice centre,” substitute “ means any young offenders centre, any juvenile justice centre, any secure accommodation, ”.

Child Support Act 1991 (c. 48)

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

48

In Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992, in paragraph 1(1)(b) (exclusion of entitlement to child benefit for children in detention, care, etc.), after “juvenile justice centre” insert “ or kept in secure accommodation under a custody care order ”.

Criminal Appeal Act 1995 (c. 35)

49

• (1) Section 22 of the Criminal Appeal Act 1995 (meaning of public body etc.) is amended as follows.

• (2) In subsection (3)(a), for “Office of the Director of Public Prosecutions for Northern Ireland” substitute “ Public Prosecution Service for Northern Ireland ”.

• (3) In subsection (4)(c), for “Office of the Director of Public Prosecutions for Northern Ireland, that Director” substitute “ Public Prosecution Service for Northern Ireland, the Director of Public Prosecutions for Northern Ireland ”.

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

50

The Children (Northern Ireland) Order 1995 has effect subject to the following amendments.

51

In Article 70(7) (provisions which do not apply to those providing refuges for children at risk), after sub-paragraph (b) insert—

(bb) Article 44C(5) of that Order (escape by child ordered to be kept in secure accommodation under a custody care order);

.

52

In paragraph 4(1)(b) of Schedule 4 (directions under education supervision orders where child is subject to other orders), for “or a juvenile justice centre order” substitute “ , a juvenile justice centre order or a custody care order, ”.

Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))

53

• (1) Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service) is amended as follows.

• (2) After “Members of the Northern Ireland Court Service.” insert—

Court security officers.

• (3) For “The Director of Public Prosecutions for Northern Ireland and members of his staff.” substitute—

The Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland and the members of staff of the Public Prosecution Service for Northern Ireland. The Chief Inspector of Criminal Justice in Northern Ireland and the members of his staff.

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

54

The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

55

• (1) Article 2(2) (interpretation) is amended as follows.

• (2) In the definition of “community order”, after paragraph (c) insert—

(ca) a reparation order; (cb) a community responsibility order;

.

• (3) After that definition insert—

• “community responsibility order” means an order under Article 36E of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

.

• (4) In the definition of “custodial sentence”, insert at the end—

(iv) an order under Article 44A of that Order sending the offender to secure accommodation;

.

• (5) After the definition of “probation period” insert—

“reparation order” means an order under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

• (6) After the definition of “young offenders centre” insert—

“youth conference order” means an order under Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

56

In Article 9(3) (procedural requirements for community orders), at the end insert—

(ca) a reparation order; and (cb) a community responsibility order.

57

In Article 18(1) (restriction on imposing sentences of imprisonment or detention on persons not legally represented), after “order” insert “ or custody care order ”.

58

In Article 19(3) (court not prevented from passing custodial sentence if offender refuses to consent to community sentence), insert at the end “or a youth conference order”.

59

• (1) Schedule 2 (enforcement of community orders) is amended as follows.

• (2) In paragraph 11(3)—

• (a) after “committed to” insert “ secure accommodation or ”, and

• (b) after “assistance to” insert “ the authority keeping the child in secure accommodation, ”.

• (3) In paragraph 18(3)—

• (a) after “committed to” insert “ secure accommodation or ”, and

• (b) after “assistance to” insert “ the authority keeping the child in secure accommodation, ”.

Sex Offenders Act 1997 (c. 51)

60

In section 4(1) of the Sex Offenders Act 1997 (young sex offenders), for paragraph (c) substitute—

(c) a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)); (ca) a period for which a person is ordered to be kept in secure accommodation under Article 44A of that Order;

.

Police (Northern Ireland) Act 1998 (c. 32)

61

In section 42(3) of the Police (Northern Ireland) Act 1998 (copies of reports of inspectors of constabulary relating to Police Service etc.), insert at the end (but not as part of paragraph (b))—

and, if the report was received under section 41(2), to the Chief Inspector of Criminal Justice in Northern Ireland.

Northern Ireland Act 1998 (c. 47)

62

The Northern Ireland Act 1998 has effect subject to the following amendments.

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

• (1) Schedule 3 (reserved matters) is amended as follows.

• (2) In paragraph 1 (conferral of functions on Ministers of the Crown), insert at the end “apart from the Advocate General for Northern Ireland”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

66

The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

67

• (1) Article 2 (interpretation) is amended as follows.

• (2) In paragraph (2), in the definitions of “community order”, “community sentence” and “custodial sentence”—

• (a) insert at the beginning “ “combination order”,”, and

• (b) after “ “community sentence”” insert “ , “community service order” ”.

• (3) After those definitions insert—

“community responsibility order” means an order under Article 36E; “custody care order” means an order under Article 44A;

.

• (4) In that paragraph, after the definition of “custody officer” insert—

“Director” means the Director of Public Prosecutions for Northern Ireland;

.

• (5) In that paragraph, after the definition of “notice” insert—

“Order Book” means the Order Book required to be kept under rule 19 of the Magistrates’ Courts Rules (Northern Ireland) 1984 (SR 1984 No. 225);

.

• (6) In that paragraph, after the definition of “parental responsibility” insert—

“place of safety” has the same meaning as in Article 39(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (N.I. 12); “police officer” and “police support staff” have the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32); “probation order” means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

.

• (7) In that paragraph, after the definition of “relative” insert—

“remand centre” has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)); “reparation order” means an order under Article 36A; “responsible officer”— (a) in relation to an offender subject to a reparation order, has the meaning assigned to it by Article 36D(2); (b) in relation to an offender subject to a community responsibility order, has the meaning assigned to it by Article 36E(4); and (c) in relation to an offender subject to a youth conference order, has the meaning assigned to it by Article 36K(3); “secure accommodation” means accommodation provided for the purpose of restricting liberty;

.

• (8) At the end of that paragraph insert—

“youth conference” has the meaning given by Article 3A, “diversionary youth conference” has the meaning given by Article 10A(2) and “court-ordered youth conference” has the meaning given by Article 33A(5); “youth conference co-ordinator” means a person designated under Article 3A(3); “youth conference order” has the meaning given by Article 36J(2); “youth conference plan” has the meaning given by Article 3C.

• (9) After paragraph (3) insert—

(4) References in this Order to an offence punishable, in the case of an adult, with imprisonment are to be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of adults who are under the age of 21. (5) References in this Order to associated offences are to be construed in accordance with Article 2(7) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24).

68

In Article 8(3) and (4) (child not released under Article 7), for “a juvenile justice centre” substitute “ secure accommodation provided by or on behalf of the appropriate authority ”.

69

• (1) Article 13 (remand in custody) is amended as follows.

• (2) In paragraph (1), for the words after “open court” substitute

and— (a) if the child has not attained the age of 14, shall make an order committing him to secure accommodation provided by or on behalf of the appropriate authority; (b) if the child has attained the age of 14 but has not attained the age of 17, shall (subject to paragraph (1A)) make an order committing him to a juvenile justice centre; and (c) if the child has attained the age of 17, shall (subject to paragraph (1B)) make an order committing him to a young offenders centre.

• (3) After that paragraph insert—

(1A) In the case of a child who has attained the age of 15 but has not attained the age of 17 the court shall make an order committing him to a young offenders centre (and not an order committing him to a juvenile justice centre) if it considers that he is likely to injure himself or another person. (1B) In the case of a child— (a) who has attained the age of 17 but who, at the time of the court’s first decision in respect of the offence in question not to release him on bail, has not attained the age of 17 years and six months; and (b) who has not had a custodial sentence imposed on him within the last two years, the court shall make an order committing him to a juvenile justice centre (and not an order committing him to a young offenders centre) if, after considering a report made by a probation officer, it considers that it is in his best interests to make such an order. (1C) An order under this Article shall commit the child for the period for which he is remanded or until he is brought back before the court.

70

In Article 30(3) (powers of youth court when child becomes adult)—

• (a) after “a community order” insert “ , a youth conference order ”, and

• (b) after “the community order” (in both places) insert “ or youth conference order ”.

71

In Article 37(4) (requirements of attendance centre orders), for the words from “be such” to the end substitute “ , so far as practicable, be such as to avoid any conflict with the child’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment. ”

72

In Article 39(1) (juvenile justice centre orders)—

• (a) after “a child” insert “ who has attained the age of 14 ”, and

• (b) for “to which Article 45(1) applies” substitute “ the sentence for which is, in the case of an adult, fixed by law as imprisonment for life ”.

73

• (1) Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows.

• (2) In paragraph (2)—

• (a) for “in any of” substitute “ in either of ”,

• (b) for sub-paragraph (a) substitute—

(a) it may impose on him a fine not exceeding £1,000;

,

and

• (c) for paragraphs (i) and (ii) of sub-paragraph (b) substitute—

(i) in a juvenile justice centre if he has not attained the age of 17 or falls within paragraph (2A); or (ii) in a young offenders centre in any other case.

• (3) After that paragraph insert—

(2A) The offender falls within this paragraph if he— (a) has attained the age of 17; (b) has not attained the age of 18 and will not attain that age within the next 30 days; and (c) has not had a custodial sentence (other than the juvenile justice centre order in question) imposed on him within the last two years, and the court, after considering a report made by a probation officer, considers that it is in his best interests to order him to be detained in a juvenile justice centre (and not in a young offenders centre). (2B) Where the court imposes a fine on the offender under paragraph (2)(a)— (a) if he has not attained the age of 16, it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing; and (b) if he has attained that age but has not attained the age of 18, it may so order. (2C) A fine ordered under paragraph (2B) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the juvenile justice centre order was made. (2D) A parent or guardian may appeal to a county court against an order under paragraph (2B).

74

In Article 44(1) (effect of subsequent conviction where juvenile justice centre order in effect), after “an offence” insert “and the court imposes a custodial sentence on the child for the offence”.

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland Act 2000 (c. 1)

76

The Northern Ireland Act 2000 has effect subject to the following amendments.

77

In section 1(4) (effect on offices of suspension of devolved government), after “junior Minister,” insert “ as Attorney General for Northern Ireland ”.

78

In section 3 (restoration of devolved government), insert at the end—

(8) If the period of appointment of the person who held office as Attorney General for Northern Ireland immediately before the date on which section 1 came into force has not expired, he resumes office on the effective date.

79

In the Schedule (provisions applicable during suspension of devolved government), after paragraph 5 insert—

(5A) If the office of Attorney General is vacant at the time when section 1 comes into force, or becomes vacant at any time while that section is in force, no steps are to be taken to fill the vacancy while that section is in force; but if a restoration order is subsequently made, the vacancy is to be filled in accordance with section 22 of the Justice (Northern Ireland) Act 2002.

Terrorism Act 2000 (c. 11)

80

In paragraph 39(4)(b) and (6)(b) of Schedule 4 to the Terrorism Act 2000 (compensation where restraint order is discharged), for “member of the Office of the Director of Public Prosecutions for Northern Ireland” substitute “ member of staff of the Public Prosecution Service for Northern Ireland ”.

Regulatory Reform Act 2001 (c. 6)

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

Guarantee of continued judicial independence

Judicial Appointments Commission

5A

• (1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under Schedule 3.

• (2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

• (3) But nothing in this section authorises the making of a disclosure—

• (a) which contravenes the the data protection legislation, or

• (b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

• (4) This section does not affect a power to disclose which exists apart from this section.

• (5) The following are permitted persons—

• (a) a chief officer of police of a police force in England and Wales;

• (b) the chief constable of the Police Service of Scotland;

• (c) the Chief Constable of the Police Service of Northern Ireland;

• (d) the Director General of the National Criminal Intelligence Service;

• (e) the Director General of the National Crime Squad;

• (f) the Commissioners of Inland Revenue;

• (g) the Commissioners of Customs and Excise.

• (6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

• (7) Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

• (8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

• (a) in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

• (b) in the case of the Commissioners of Customs and Excise, to a customs officer.

• (9) For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.

• (10) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Tribunals for considering removal

Transfer of functions of lay panellists

9I

• (1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

• (2) These are the relevant provisions—

• (a) sections 12 to 12C of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);

• (b) sections 3, ... 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);

• (ba) Schedule 3 to this Act and paragraph 2A of Schedule 11 to the Northern Ireland Act 1998;

• (c) sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);

• (d) section 16 of this Act (complaints about judicial officers);

• (3) Information is confidential if it relates to an identified or identifiable individual (a “subject”).

• (4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

• (a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));

• (b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;

• (c) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

• (5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—

• (a) is information that relates to both;

• (b) must not be disclosed to B without A's consent.

• (6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

• (7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

• (8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

• (9) But it is actionable only at the suit of a person who is a subject of the information.

Transfer of functions of lay panellists

The Ombudsman

Presiding county court judge

9A

• (1) There is to be a Northern Ireland Judicial Appointments Ombudsman.

• (2) The Northern Ireland Public Services Ombudsman is, by virtue of holding that office, the Northern Ireland Judicial Appointments Ombudsman.

• (3) Schedule 3A makes further provision about the Ombudsman.

9B

• (1) This section applies for the purposes of this Part.

• (2) A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

• (3) A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor ... in connection with any of the following—

• (a) recommendation for or appointment to a listed judicial office;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part or paragraph 2A of Schedule 11 to the Northern Ireland Act 1998, by the maladministration complained of.

9C

• (1) The Commission must make arrangements for investigating any Commission complaint made to it.

• (2) The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

• (3) Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

9D

• (1) Subsections (2) and (3) apply to a complaint which the complainant—