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The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

Type Statutory-Instrument

Publication 2010-03-31

Last updated 2016-04-18

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Made: 31st March 2010

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 31st day of March 2010Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by sections 86 and 86A of the Northern Ireland Act 1998[^f00001], is pleased, by and with the advice of Her Privy Council, to order as follows:

PART 1 — Introductory

Title and commencement

1

(1) This Order may be cited as the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

(2) This Order shall come into force on the day on which the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010[^f00002] (which devolves to the Northern Ireland Assembly legislative power in relation to policing and justice matters) comes into force.

Extent

2

(1) Subject to paragraph (2), an amendment or repeal contained in this Order has the same extent as the enactment or instrument or relevant part of the enactment or instrument to which the amendment or repeal relates.

(2) Nothing in this Order extends to a territory outside the United Kingdom.

Definitions

3

In this Order—

“the Department of Justice” means the Department of Justice in Northern Ireland;

“instrument” includes (in particular) Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, codes, guidance, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, warrants, certificates, deeds and other documents;

“property” includes rights and interests of any description;

“records” includes written records and records conveying information by any other means;

“relevant function” means— a function transferred by article 4(1), 15(1) to (4) or 17(2), or a function transferred by or by virtue of any provision of Schedules 2 to 19,and the cases covered by paragraphs (a) and (b) include (in particular) cases where the function transferred was part of a larger function (for example, where a function that is exercisable in relation to England and Wales and Northern Ireland is transferred so far as it is exercisable in relation to Northern Ireland);

“relevant property or liability” means any property or liability transferred by article 18;

“transferor” and “transferee”, in relation to a relevant function or any relevant property or liability, mean respectively— the person from whom the function or property or liability is transferred, and the person to whom the function or property or liability is transferred.

PART 2 — Provision consequential on devolution to the Northern Ireland Assembly of legislative power in relation to policing and justice matters

Transfer of certain policing and justice functions

4

(1) The Secretary of State’s functions immediately before the coming into force of this Order under the enactments specified in Schedule 1 are transferred to the Department of Justice.

(2) The functions transferred by paragraph (1) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in Schedule 1 to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

(3) Schedule 2 (which makes amendments to enactments specified in Schedule 1 etc) has effect.

Functions relating to policing

5

Schedule 3 (which makes amendments relating to policing) has effect.

Functions relating to the treatment of offenders

6

(1) Schedule 4 (which makes amendments relating to prisons) has effect.

(2) Schedule 5 (which makes amendments relating to the release of prisoners on licence) has effect.

(3) Schedule 6 (which makes amendments relating to miscarriages of justice and the Royal prerogative of mercy) has effect.

(4) Schedule 7 (which amends the Criminal Justice and Public Order Act 1994[^f00003]) has effect.

(5) Schedule 8 (which amends the Repatriation of Prisoners Act 1984[^f00004] and the Crime (Sentences) Act 1997[^f00005]) has effect.

Functions under the Corporate Manslaughter and Corporate Homicide Act 2007

7

Schedule 9 (which amends the Corporate Manslaughter and Corporate Homicide Act 2007[^f00006]) has effect.

Functions under the Serious Crime Act 2007

8

Schedule 10 (which amends the Serious Crime Act 2007[^f00007]) has effect.

Functions relating to firearms

9

Schedule 11 (which amends the Firearms (Northern Ireland) Order 2004[^f00008] and the Violent Crime Reduction Act 2006[^f00009]) has effect.

Functions relating to explosives

10

Schedule 12 (which makes provision in relation to explosives) has effect.

Functions under the Justice (Northern Ireland) Act 2002

11

Schedule 13 (which amends the Justice (Northern Ireland) Act 2002[^f00010]) has effect.

Functions relating to criminal justice

12

Schedule 14 (which makes amendments relating to criminal justice) has effect.

Functions under the Serious Organised Crime and Police Act 2005

13

Schedule 15 (which amends the Serious Organised Crime and Police Act 2005[^f00011]) has effect.

Functions relating to the private security industry

14

Schedule 16 (which amends the Private Security Industry Act 2001[^f00012]) has effect.

Functions of the Lord Chancellor etc

15

(1) The Lord Chancellor’s functions immediately before the coming into force of this Order under the enactments specified in Schedule 17 are transferred to the Department of Justice.

(2) The Lord Chancellor’s functions immediately before the coming into force of this Order under sections 3(2)(b) and (8)(a), 5A(6) and 19(4) of, and paragraphs 1(2), 2(4), 3, 4(1), 5(6) and 6 of Schedule 2 to, the Justice (Northern Ireland) Act 2002[^f00013] are transferred to the First Minister and deputy First Minister in Northern Ireland acting jointly.

(3) The Lord Chancellor’s functions immediately before the coming into force of this Order under paragraphs 1(3), 2(3) and 5(5) of Schedule 2 to the Justice (Northern Ireland) Act 2002[^f00014] are transferred to the Office of the First Minister and deputy First Minister in Northern Ireland.

(4) The functions immediately before the coming into force of this Order of the Treasury or the Minister for the Civil Service under the following enactments are transferred to the Department of Finance and Personnel in Northern Ireland—

(a) sections 2(1), (3) and (4) and 20(1) of the Administration of Justice Act (Northern Ireland) 1954[^f00015];

(b) sections 56(2), 75(7) and (9)(c), 79(1), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 1978[^f00016];

(d) Article 141(4) of the Judgments Enforcement (Northern Ireland) Order 1981[^f00018];

(e) Article 36(1) and (3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00019];

(f) Articles 10(1), 86A(6) and 139(3) of the Magistrates’ Courts (Northern Ireland) Order 1981[^f00020];

(g) Article 104(5) of the Mental Health (Northern Ireland) Order 1986[^f00021];

(h) Article 28(1) and (3) of the Juries (Northern Ireland) Order 1996[^f00022];

(i) Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998[^f00023];

(j) Articles 11(6)(d) and 21(5)(d) of the Access to Justice (Northern Ireland) Order 2003[^f00024];

(k) paragraphs 4(2)(b), (5)(c), (8) and (10) and 5(5)(b), (7) and (9) of Schedule 3 to that Order.

(5) Schedule 18 (which makes amendments relating to paragraphs (1) to (4) and other functions of the Lord Chancellor etc) has effect.

(6) The functions transferred by paragraphs (1) to (4) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in Schedule 17 or in paragraphs (2) to (4) to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

Public bodies etc

16

Schedule 19 (which makes amendments relating to public bodies etc) has effect.

Functions under subordinate legislation and other instruments

17

(1) This article applies in relation to a relevant function.

(2) The transferor’s functions immediately before the coming into force of this Order under any instrument made (or so far as made) in the exercise of the relevant function are transferred to the transferee.

(3) The functions transferred by paragraph (2) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and in paragraph (2) the reference to any instrument includes a reference to the instrument as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

(4) This article is subject to—

(a) paragraphs 90 and 91 of Schedule 3 (which make provision in relation to the Royal Ulster Constabulary (Complaints etc.) Regulations 2000[^f00025] etc);

(b) paragraph 92 of Schedule 3 (which makes provision in relation to the Royal Ulster Constabulary GC Regulations 2002[^f00026]);

(c) paragraph 110 of Schedule 3 (which makes provision in relation to the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005[^f00027]);

(d) paragraphs 111 and 112 of Schedule 3 (which make provision in relation to the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008[^f00028] etc);

(e) paragraphs 8 to 25 of Schedule 4 (which make provision in relation to the Prison and Young Offenders Centre Rules (Northern Ireland) 1995[^f00029]);

(f) paragraphs 32 to 40 of Schedule 5 (which make provision in relation to the Parole Commissioners’ Rules (Northern Ireland) 2009[^f00030] etc);

(g) paragraph 10(2) of Schedule 11 (which makes provision in relation to regulations about firearms etc);

(h) paragraph 4 of Schedule 12 (which makes provision in relation to regulations about explosives etc).

Transfers of property etc

18

(1) Paragraph (2) applies in relation to a function which—

(a) is a relevant function being transferred to the Department of Justice or the Minister in charge of that Department,

(b) is a function which, by virtue of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010, becomes exercisable on Her Majesty’s behalf under section 23(2) of the Northern Ireland Act 1998[^f00031], or

(c) is a function being transferred to the Department of Justice or the Minister in charge of that Department by or by virtue of the Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010.

(2) Subject to paragraphs (3) and (4), all property and liabilities to which a Minister of the Crown or a government department is entitled or subject immediately before the coming into force of this Order are transferred to the Department of Justice so far as relating to the function.

(3) All property and liabilities to which a Minister of the Crown or a government department is entitled or subject immediately before the coming into force of this Order in relation to the premises known as the Royal Courts of Justice, Chichester Street, Belfast BT1 3JY, are transferred to the Department of Justice.

(4) All property and liabilities to which a Minister of the Crown or a government department is entitled or subject immediately before the coming into force of this Order are transferred to the Director of Public Prosecutions for Northern Ireland so far as relating to the premises listed in Schedule 20 or the contents of those premises.

(5) Nothing in this article transfers—

(a) any property or liabilities so far as relating to land outside Northern Ireland or the contents of such land;

(b) any property or liabilities so far as relating to any premises listed in Schedule 21 or the contents of those premises;

(c) any property or liabilities so far as relating to records (apart from records held by the Northern Ireland Court Service immediately before its abolition);

(d) any property or liabilities so far as relating to a person’s employment in the civil service of the State.

(6) The Department of Justice must make arrangements appearing to it to correspond to any arrangements in place immediately before the coming into force of this Order under which the Crown Solicitor and the staff of the Crown Solicitor’s Office occupy parts of the premises mentioned in paragraph (3).

(7) In particular, the arrangements—

(a) must provide for the Crown Solicitor and staff to continue to be able to occupy those parts of the premises;

(b) may provide for the Crown Solicitor to pay to the Department of Justice amounts akin to a commercial rent and contributions to the costs of running the premises.

(8) Paragraph (6) ceases to have effect on 12 April 2012 and is subject to any other agreement made between the Department of Justice and the Crown Solicitor.

(9) In this article “government department” means—

(a) a department of the Government of the United Kingdom, or

(b) the Northern Ireland Court Service (before its abolition).

19

(1) Persons who are members of the Northern Ireland Court Service immediately before its abolition are transferred to the Northern Ireland Civil Service to be employed in the Department of Justice.

(2) Persons—

(a) to whom this paragraph applies, and

(b) who are members of the Northern Ireland Civil Service holding positions in the Northern Ireland Office immediately before the coming into force of this Order,

are transferred to be employed in the Department of Justice.

(3) Paragraph (2) applies to a person if, after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State—

(a) determined that the person’s duties in the Northern Ireland Office related wholly or mainly to functions within article 18(1)(a) to (c), and

(b) notified the person in writing that the person would transfer to the Department of Justice on the coming into force of this Order.

(4) Persons—

(a) to whom this paragraph applies, and

(b) who, immediately before 12 October 2010, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

(5) Paragraph (4) applies to a person if—

(a) immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

(b) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties as a civil servant related wholly or mainly to functions within article 18(1)(a) to (c), and

(i) the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 October 2010, and

(ii) the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 October 2010.

(6) Persons—

(a) to whom this paragraph applies, and

(b) who, immediately before 12 April 2011, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

(7) Paragraph (6) applies to a person if—

(a) immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

(b) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties as a civil servant related wholly or mainly to functions within article 18(1)(a) to (c), and

(i) the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 April 2011, and

(ii) the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 April 2011.

(8) Persons—

(a) to whom this paragraph applies, and

(b) who, immediately before 12 April 2012, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

(9) Paragraph (8) applies to a person if—

(a) immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

(b) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties as a civil servant related wholly or mainly to functions within article 18(1)(a) to (c), and

(i) the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 April 2012, and

(ii) the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 April 2012.

(10) Paragraph (11) applies if—

(a) in accordance with arrangements made between the Secretary of State and the Department of Justice, a person who is a civil servant (but not a member of the Northern Ireland Civil Service) is holding a position in the Department of Justice at any time after the coming into force of this Order,

(b) immediately before the coming into force of this Order the person was a member of the Senior Civil Service (and not the Northern Ireland Senior Civil Service), and

(c) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties in the Senior Civil Service related wholly or mainly to functions within article 18(1)(a) to (c).

(11) While the person is holding the position in the Department of Justice, the Departments (Northern Ireland) Order 1999[^f00032] has effect as if the person were a member of the Northern Ireland Senior Civil Service employed in the Department of Justice and, accordingly, the person is to be treated for the purposes of that Order as if the person were a senior officer of the Department of Justice.

(12) Paragraph (11) ceases to have effect on 12 April 2012.

(13) The Transfer of Undertakings (Protection of Employment) Regulations 2006[^f00033] apply to a transfer by this article whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those Regulations.

20

Subject to article 19(13), articles 18 and 19 operate so as to transfer property and liabilities—

(a) whether or not they would otherwise be capable of being transferred,

(b) without any instrument or other formality being required, and

21

(1) The Secretary of State may give such directions extending or restricting the operation of article 18 as the Secretary of State considers appropriate for the purpose of—

(a) making minor adjustments of any property or liabilities transferred by that article, or

(b) removing uncertainty as to the application of that article to any property or liabilities.

(2) A direction under paragraph (1) may (in particular) provide for dividing or apportioning any property or liabilities between, on the one hand, a Minister of the Crown or a department of the Government of the United Kingdom and, on the other hand, the Department of Justice or the Director of Public Prosecutions for Northern Ireland.

(3) Before giving a direction under paragraph (1) the Secretary of State must consult the Department of Justice or, if the Secretary of State considers appropriate, the Director of Public Prosecutions for Northern Ireland.

(4) A certificate issued by the Secretary of State to the effect that any property or liabilities specified in the certificate were, or were not, transferred by article 18 to the Department of Justice or to the Director of Public Prosecutions for Northern Ireland is conclusive evidence of the matters stated in the certificate.

(5) But the issue of a certificate under paragraph (4) does not prevent a subsequent direction being given under paragraph (1) in relation to the property or liabilities in question.

(6) A direction may not be given under paragraph (1) after 12 April 2012.

(7) A direction under paragraph (1) operates so as to adjust, apportion, divide or otherwise affect any property or liabilities—

(a) whether or not they would otherwise be capable of being adjusted, apportioned, divided or otherwise affected,

(b) without any instrument or other formality being required, and

22

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

PART 3 — The Northern Ireland Act 1998

Quasi-judicial decisions

23

In section 20 of the Northern Ireland Act 1998[^f00034] (Executive Committee) after subsection (4) insert—

(5) Subsections (3) and (4) are subject to subsection (6). (6) Quasi-judicial decisions may be made by the Department of Justice or the Minister in charge of that Department without recourse to the Executive Committee.

Royal prerogative of mercy

24

(1) Amend section 23 of the Northern Ireland Act 1998 (prerogative and executive powers) as follows.

(2) In subsection (2) for “subsection (3)” substitute “subsections (2A) and (3)”.

(3) After subsection (2) insert—

(2A) So far as the Royal prerogative of mercy is exercisable on Her Majesty’s behalf under subsection (2), it is exercisable only by the Minister in charge of the Department of Justice.

25

(1) This article applies if—

(a) before the coming into force of this Order the Secretary of State recommended, or refused to recommend, the exercise of the Royal prerogative of mercy in any case, and

(b) by virtue of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 the Royal prerogative of mercy becomes exercisable on Her Majesty’s behalf under section 23(2) of the Northern Ireland Act 1998 in that case.

(2) If the Secretary of State made a recommendation, Her Majesty may act on the recommendation despite section 23(2).

(3) If the Secretary of State refused to make a recommendation, the refusal is to be treated as if it were a refusal by the Minister in charge of the Department of Justice to exercise the Royal prerogative of mercy on Her Majesty’s behalf under section 23(2); and any legal proceedings in relation to the refusal are to be brought or continued accordingly.

Amendment of paragraph 11A of Schedule 2 to the Northern Ireland Act 1998 consequential on repeal of paragraph 14A of Schedule 3 to that Act

26

In paragraph 11A of Schedule 2 to the Northern Ireland Act 1998[^f00035] (excepted matters: the Supreme Court) at the end insert “, but not rights of appeal to the Supreme Court or legal aid for appeals to the Supreme Court”.

Repeals of earlier amendments of Schedule 3 to the Northern Ireland Act 1998

27

(1) Paragraph 24(4) of Schedule 6 to the Police (Northern Ireland) Act 2000[^f00036] (which amended paragraph 11 of Schedule 3 to the Northern Ireland Act 1998) is omitted.

(2) The following provisions of the Justice (Northern Ireland) Act 2002[^f00037] are omitted—

(a) section 83 (which inserted paragraphs 9(h), 9A and 15A into Schedule 3 to the 1998 Act);

(b) paragraph 65(3) of Schedule 12 (which amended paragraph 9 of Schedule 3 to the 1998 Act).

(3) Section 58(3) of the Constitutional Reform Act 2005[^f00038] (which inserted paragraph 14A into Schedule 3 to the 1998 Act) is omitted.

(4) Paragraph 13(3) of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006[^f00039] (which inserted paragraph 11A into Schedule 3 to the 1998 Act) is omitted.

PART 4 — General transitional provision

28

This Order does not affect the validity of anything done before the coming into force of this Order.

29

(1) Paragraphs (2) and (3) apply in relation to a relevant function or any relevant property or liability.

(2) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to the relevant function or relevant property or liability, be continued by or in relation to the transferee.

(3) Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with the relevant function or relevant property or liability shall have effect as if done by or in relation to the transferee so far as necessary or expedient for continuing its effect after the coming into force of this Order.

(4) Where the thing done (or having effect as if done) by the transferor is the exercise of a relevant function by statutory instrument, paragraph (3) applies in relation to the exercise of the relevant function even though the relevant function is not exercisable by the transferee by statutory instrument.

(5) Documents or forms printed for use in connection with a relevant function may be used in connection with the function even though they contain, or are to be construed as containing, references to the transferor; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the transferee.

30

Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as necessary or expedient in consequence of or for giving full effect to—

(a) the transfer of a relevant function or any relevant property or liability, or

(b) article 28 or 29,

as if any references (including references which are to be construed as such references) to the transferor were or included references to the transferee.

31

(1) An instrument made before the coming into force of this Order is not to be subject (in whole or in part) to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00040]) despite any provision made by this Order.

(2) If, immediately before the coming into force of this Order, the instrument is subject to annulment in pursuance of a resolution of either House of Parliament, the instrument is to continue to be so subject.

SCHEDULE 1 — Enactments under which functions of Secretary of State are transferred to the Department of Justice

1

Administration of Justice Act (Northern Ireland) 1954[^f00041].

2

Section 2 of the Increase of Fines Act (Northern Ireland) 1967[^f00042].

3

Treatment of Offenders Act (Northern Ireland) 1968[^f00043].

4

Treatment of Offenders (Northern Ireland) Order 1976[^f00044].

5

Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00045].

6

Rehabilitation of Offenders (Northern Ireland) Order 1978[^f00046].

7

Criminal Justice (Northern Ireland) Order 1980[^f00047].

8

Article 180C of the Road Traffic (Northern Ireland) Order 1981[^f00048].

9

Article 15 of the Magistrates’ Courts (Northern Ireland) Order 1981[^f00049].

10

Fines and Penalties (Northern Ireland) Order 1984[^f00050].

11

Mental Health (Northern Ireland) Order 1986[^f00051].

12

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988[^f00052].

13

The definition of “authorised place of detention” in Article 2(2) of the Criminal Evidence (Northern Ireland) Order 1988[^f00053].

14

Police and Criminal Evidence (Northern Ireland) Order 1989[^f00054].

15

Treatment of Offenders (Northern Ireland) Order 1989[^f00055].

16

Articles 13 and 17B of the Road Traffic (Northern Ireland) Order 1995[^f00056].

17

Schedules 1 and 2 to the Proceeds of Crime (Northern Ireland) Order 1996[^f00057].

18

Article 9 of the Road Traffic Offenders (Northern Ireland) Order 1996[^f00058].

19

Articles 49 and 60A(3) of the Licensing (Northern Ireland) Order 1996[^f00059].

20

Criminal Justice (Northern Ireland) Order 1996[^f00060].

21

Article 9 (1)(c) of the Protection from Harassment (Northern Ireland) Order 1997[^f00061].

22

Criminal Justice (Children) (Northern Ireland) Order 1998[^f00062], except for Articles 45 and 46.

23

Criminal Justice (Northern Ireland) Order 1998[^f00063].

24

Criminal Evidence (Northern Ireland) Order 1999[^f00064].

25

Criminal Injuries Compensation (Northern Ireland) Order 2002[^f00065], except functions transferred by virtue of paragraph 39 of Schedule 4 to the Northern Ireland Act 2009[^f00066].

26

Criminal Justice (Northern Ireland) Order 2003[^f00067].

27

Criminal Justice (Northern Ireland) Order 2004[^f00068].

28

Criminal Justice (Evidence) (Northern Ireland) Order 2004[^f00069].

29

Anti-social Behaviour (Northern Ireland) Order 2004[^f00070].

30

Criminal Justice (Northern Ireland) Order 2005[^f00071].

31

Road Traffic (Northern Ireland) Order 2007[^f00072].

32

Criminal Justice (Northern Ireland) Order 2008[^f00073], except for Chapters 4 and 7 of Part 2.

33

Sexual Offences (Northern Ireland) Order 2008[^f00074].

SCHEDULE 2 — Amendments of enactments specified in Schedule 1

Administration of Justice Act (Northern Ireland) 1954

1

Omit section 10 of the Administration of Justice Act (Northern Ireland)1954[^f00075].

Increase of Fines Act (Northern Ireland) 1967

2

(1) Amend section 2 of the Increase of Fines Act (Northern Ireland) 1967[^f00076] (power to make amendments as a result of the increase and variation of penalties under the Act) as follows.

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

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

(4) For subsection (2) substitute—

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

Treatment of Offenders Act (Northern Ireland) 1968

3

(1) Amend the Treatment of Offenders Act (Northern Ireland) 1968[^f00077] as follows.

(2) Omit section 32 (financial provisions).

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

Treatment of Offenders (Northern Ireland) Order 1976

4

In Article 18 of the Treatment of Offenders (Northern Ireland) Order 1976[^f00078] (rules and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Damage (Compensation) (Northern Ireland) Order 1977

5

(1) Amend the Criminal Damage (Compensation) (Northern Ireland) Order 1977[^f00079] as follows.

(2) Omit Article 20 (payments into Consolidated Fund).

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

Rehabilitation of Offenders (Northern Ireland) Order 1978

6

(1) Amend the Rehabilitation of Offenders (Northern Ireland) Order 1978[^f00080] as follows.

(2) In Article 6 (rehabilitation periods for particular sentences)—

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

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

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

Criminal Justice (Northern Ireland) Order 1980

7

(1) Amend Article 11 of the Criminal Justice (Northern Ireland) Order 1980[^f00081] (medical practitioners for post-mortem examinations) as follows.

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

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

Road Traffic (Northern Ireland) Order 1981

8

(1) Amend the Road Traffic (Northern Ireland) Order 1981[^f00082] as follows.

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

Fines and Penalties (Northern Ireland) Order 1984

9

(1) Amend the Fines and Penalties (Northern Ireland) Order 1984[^f00083] as follows.

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

Mental Health (Northern Ireland) Order 1986

10

(1) Amend the Mental Health (Northern Ireland) Order 1986[^f00084] as follows.

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

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

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

11

(1) Amend the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988[^f00085] as follows.

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

Criminal Evidence (Northern Ireland) Order 1988

12

(1) Amend the Criminal Evidence (Northern Ireland) Order 1988[^f00086] as follows.

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

Police and Criminal Evidence (Northern Ireland) Order 1989

13

(1) Amend the Police and Criminal Evidence (Northern Ireland) Order 1989[^f00087] as follows.

(2) In Article 66 (codes of practice)—

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

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

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

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

(5) After paragraph (1) insert—

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

Road Traffic (Northern Ireland) Order 1995

14

(1) Amend the Road Traffic (Northern Ireland) Order 1995[^f00088] as follows.

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

Proceeds of Crime (Northern Ireland) Order 1996

15

(1) Amend the Proceeds of Crime (Northern Ireland) Order 1996[^f00089] as follows.

(2) In Article 56 (regulations extending certain offences to Crown servants)—

(a) in paragraph (1) for “Secretary of State” substitute “appropriate authority”;

(b) in paragraph (5), at the appropriate place, insert—

“the appropriate authority” means— in relation to persons in the public service of the Crown in right of Her Majesty’s Government in the United Kingdom, the Secretary of State; otherwise, the Department of Justice;

(d) after paragraph (5) insert—

(5A) Regulations made by the Department of Justice under this Article shall be subject to negative resolution.

(e) in paragraph (6) after “Regulations” insert “made by the Secretary of State”.

(3) In paragraph 2 of Part 2 of Schedule 1 (orders varying list of offences) for the words from “annulment” to “accordingly” substitute “negative resolution”.

(4) In paragraph 8(3) of Schedule 2 (financial investigations: code of practice)—

(a) for “both Houses of Parliament” substitute “the Assembly”;

(b) for “code before both Houses” substitute “code before the Assembly”.

(5) In paragraph 9 of Schedule 2 (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Road Traffic Offenders (Northern Ireland) Order 1996

16

(1) Amend Article 9 of the Road Traffic Offenders (Northern Ireland) Order 1996[^f00090] (power to join in indictment counts for certain summary offences) as follows.

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

Licensing (Northern Ireland) Order 1996

17

In Article 84(b) of the Licensing (Northern Ireland) Order 1996[^f00091] (exemptions and savings) after “the authority of” insert “the Department of Justice,”.

Criminal Justice (Northern Ireland) Order 1996

18

(1) Amend the Criminal Justice (Northern Ireland) Order 1996[^f00092] as follows.

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

Criminal Justice (Children) (Northern Ireland) Order 1998

19

(1) Amend the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00093] as follows.

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

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

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

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

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

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

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

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

Criminal Justice (Northern Ireland) Order 1998

20

In Article 8(7) of the Criminal Justice (Northern Ireland) Order 1998[^f00094] (drug treatment and testing orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Evidence (Northern Ireland) Order 1999

21

(1) Amend the Criminal Evidence (Northern Ireland) Order 1999[^f00095] as follows.

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

Criminal Injuries Compensation (Northern Ireland) Order 2002

22

(1) Amend the Criminal Injuries Compensation (Northern Ireland) Order 2002[^f00096] as follows.

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

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

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

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

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

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

(i) after “General” insert “for Northern Ireland”;

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

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

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

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

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

(6) In Article 10 (alterations to the Scheme)—

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

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

(i) for “either House of Parliament” substitute “the Assembly”;

(ii) for “that House” substitute “the Assembly”;

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

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

(d) omit paragraph (5).

(7) Omit Article 13(4) (financial provisions).

Criminal Justice (Northern Ireland) Order 2003

23

(1) Amend the Criminal Justice (Northern Ireland) Order 2003[^f00097] as follows.

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

Criminal Justice (Northern Ireland) Order 2004

24

(1) Amend the Criminal Justice (Northern Ireland) Order 2004[^f00098] as follows.

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

Criminal Justice (Evidence) (Northern Ireland) Order 2004

25

(1) Amend the Criminal Justice (Evidence) (Northern Ireland) Order 2004[^f00099] as follows.

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

26

(1) Amend the Anti-social Behaviour (Northern Ireland) Order 2004[^f00100] as follows.

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

Criminal Justice (Northern Ireland) Order 2005

27

(1) Amend the Criminal Justice (Northern Ireland) Order 2005[^f00101] as follows.

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

Road Traffic (Northern Ireland) Order 2007

28

(1) Amend the Road Traffic (Northern Ireland) Order 2007[^f00102] as follows.

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

Sexual Offences (Northern Ireland) Order 2008

29

(1) Amend the Sexual Offences (Northern Ireland) Order 2008[^f00103] as follows.

(2) In Article 80 (orders)—

(a) omit paragraph (1);

(b) for paragraph (2) substitute—

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

SCHEDULE 3 — Amendments relating to policing

Public Order (Northern Ireland) Order 1987

1

Amend the Public Order (Northern Ireland) Order 1987[^f00104] as follows.

2

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

(2) In paragraph (1)—

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

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

(3) After paragraph (1) insert—

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

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

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

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

3

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

4

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

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

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

Police Act 1996

5

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

6

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

7

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

Police (Northern Ireland) Act 1998

8

Amend the Police (Northern Ireland) Act 1998[^f00109] as follows.

9

In section 25[^f00110] (regulations for PSNI) in subsections (1), (2)(i), (5)(a), (7) and (8) for “Secretary of State” substitute “Department of Justice”.

10

In section 26[^f00111] (regulations for PSNI Reserve) in subsections (1), (5)(a) and (6) for “Secretary of State” substitute “Department of Justice”.

11

In section 27(1)(a)[^f00112] (members of PSNI engaged on other police service) for “Secretary of State” substitute “Department of Justice”.

12

In section 28[^f00113] (the Police Fund) in subsections (1) and (2) for “Secretary of State” substitute “Department of Justice”.

13

In section 29[^f00114] (liability for wrongful acts of constables)—

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

(b) omit subsection (8).

14

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

15

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

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

(b) for “he” substitute “the Department of Justice”.

16

In section 33[^f00115] (regulations for Police Association), in subsections (1), (2)(c) and (d) and (3) for “Secretary of State” substitute “Department of Justice”.

17

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

18

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

19

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

20

In section 40[^f00116] (power to require use by police of specified facilities, equipment or services)—

(a) in subsection (1)—

(i) for “Secretary of State” substitute “Department of Justice”, and

(ii) for “he” substitute “the Department of Justice”; and

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

21

In section 41[^f00117] (appointment of inspectors of constabulary)—

(a) in subsection (1)—

(i) for “Secretary of State” substitute “Department of Justice”, and

(ii) for “he” substitute “the Department of Justice”;

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

(d) after subsection (3B) insert—

(3C) In subsections (3A) and (3B) “the appropriate authority” means, in relation to any inspection— (a) the Secretary of State, if the inspection relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision; (b) otherwise, the Department of Justice; and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998[^f00118].

22

After section 41 insert—

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

23

In section 42[^f00119] (publication of reports of inspectors of constabulary)—

(a) in subsection (1)—

(i) for “Secretary of State” substitute “Department of Justice”, and

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

(b) in subsection (2)—

(i) for “Secretary of State” substitute “Department of Justice”,

(ii) for “his” substitute “its”, and

(iii) omit “against the interests of national security or”;

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

(e) after subsection (6) insert—

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

24

In section 43 (criminal statistics)—

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

(b) in subsection (2)—

(i) for “Secretary of State” substitute “Department of Justice”,

(ii) for “him” substitute “it”, and

(iii) for “he” substitute “it”.

25

In section 45[^f00120] (research and advice)—

(a) in subsection (1)—

(i) for “Secretary of State” substitute “Department of Justice”, and

(ii) for “him” substitute “the Department of Justice”; and

(b) in subsection (2)—

(i) for “Secretary of State” substitute “Department of Justice”, and

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

26

(1) In section 46[^f00121] (expenditure by Secretary of State for police purposes)—

(a) for “Secretary of State” substitute “Department of Justice”, and

(b) for “he” substitute “the Department of Justice”.

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

27

In section 52[^f00122] (receipt and initial classification of complaints) in subsections (1)(b), (6) and (7) for “Secretary of State” substitute “Department of Justice”.

28

(1) Amend section 55[^f00123] (consideration of other matters by Police Ombudsman) as follows.

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

(3) After subsection (1) insert—

(1A) The Secretary of State may refer a matter to the Ombudsman under subsection (1) only if it appears to the Secretary of State that the matter relates (in whole or in part) to an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998[^f00124]).

29

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

30

(1) Amend section 60[^f00125] (constabularies not maintained by the Policing Board) as follows.

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

(3) After subsection (6) insert—

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

31

In section 60A[^f00126] (investigations into current police practices and policies)—

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

(b) after subsection (3) insert—

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

; and

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

32

(1) Amend section 61[^f00127] (reports by Ombudsman) as follows.

(2) In subsections (1) and (2)—

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

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

(3) After subsection (2) insert—

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

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

(5) After subsection (5) insert—

(5A) The Department of Justice shall— (a) lay before the Northern Ireland Assembly a copy of every report received by the Department under this section; and (b) cause every such report to be published. (5B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00128] applies for the purposes of subsection (5A)(a) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

33

(1) Amend section 63[^f00129] (restriction on disclosure of information) as follows.

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

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

(3) After subsection (3) insert—

(4) Nothing in subsection (1)(b) permits the disclosure to the Department of Justice of information— (a) which has been supplied to the Ombudsman under section 66(1) of the Police (Northern Ireland) Act 2000[^f00130] for the purposes of or in connection with an investigation under section 60A of this Act, and (b) in relation to which the Ombudsman has been informed under section 66(3)(b) of the Police (Northern Ireland) Act 2000 that the information is, in the opinion of the Chief Constable or the Board, information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of that Act.

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

34

(1) Amend section 64[^f00131] (regulations) as follows.

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

(3) Omit subsection (2A)(d).

35

After section 64 insert—

(64A) (1) The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with— (a) excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998[^f00132]); (b) matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision. (2) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of— (a) the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000[^f00133], or (b) a person appointed under Part 4 of that Act, the Ombudsman shall not investigate it. (3) Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations. (4) Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c). (5) Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.

36

In section 65[^f00134] (guidance concerning discipline, complaints, etc.)—

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

(b) after subsection (5) insert—

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

37

In section 66[^f00135] (assaults on constables)—

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

(b) omit subsection (7).

38

(1) Amend section 72[^f00136] (orders and regulations) as follows.

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

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

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

(5) In subsection (4)—

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

(b) omit “one containing”;

(a) if made by the Department of Justice, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00137]); (b) if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946[^f00138] shall apply accordingly.

39

(1) Amend Schedule 3[^f00139] (the Police Ombudsman for Northern Ireland) as follows.

(2) In paragraph 1 (the Ombudsman)—

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

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

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

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

(5) In paragraph 3 (staff)—

(a) after sub-paragraph (2) insert—

(2A) Employment by the Ombudsman shall be included among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972[^f00140] can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert— Employment by the Police Ombudsman for Northern Ireland. (2B) Where a person who is employed by the Ombudsman and is by reference to that employment a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 is appointed to the office of Ombudsman, the Department of Finance and Personnel may determine that his service in that office may be treated for the purposes of the scheme as service as an employee of the Ombudsman; and his rights under the scheme shall not be affected by paragraph 2(1).

; and

(b) omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972[^f00141] has effect accordingly).

(6) In paragraph 6 (assistance from Chief Constable)—

(a) in sub-paragraph (2)—

(i) for “Secretary of State” substitute “Department of Justice”; and

(ii) for “he” substitute “the Department of Justice”; and

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

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

(8) In paragraph 12 (accounts and statements)—

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

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

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

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

(e) after sub-paragraph (2) insert—

(3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00142] applies for the purposes of sub-paragraph (2) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

(9) Sub-paragraph (5)(b) above does not affect the position of any person under the Superannuation Act 1972[^f00143] in relation to the person’s employment by the Ombudsman, or the person’s service as the Ombudsman, before the coming into force of this Order.

(10) Sub-paragraph (11) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of paragraph 3(3) or (4) of Schedule 3 to the Police (Northern Ireland) Act 1998[^f00144], a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

(11) In relation to the person’s employment by the Ombudsman, or (as the case may be) service as the Ombudsman, after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972[^f00145]; and the person’s terms and conditions of service have effect accordingly.

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

Police (Northern Ireland) Act 2000

40

Amend the Police (Northern Ireland) Act 2000[^f00146] as follows.

41

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

42

In section 4[^f00147] (police support staff)—

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

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

43

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

44

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

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

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

45

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

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

(b) for “him” substitute “the Department of Justice”.

46

In section 9[^f00148] (grants to, and borrowing by, the Policing Board)—

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

(b) in subsection (7) (in both places),

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

47

In section 10[^f00149] (funding for police purposes – ancillary provisions)—

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

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

48

(1) In section 12[^f00150] (accounts and audit)—

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

(b) in subsection (5)—

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

(ii) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

(i) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

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

(d) after subsection (6) insert—

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00151] applies for the purposes of subsection (6)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

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

49

(1) Amend section 15 (default of council) as follows.

(2) In subsection (1)—

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

(b) for “he” substitute “the Department of Justice”.

(3) In subsection (2)—

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

(b) for “him” substitute “the Department of Justice”.

50

(1) Amend section 15A[^f00152] (default of council: Belfast sub-groups) as follows.

(2) In subsection (1)—

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

(b) for “he” substitute “the Department of Justice”.

(3) In subsection (2)—

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

(b) for “him” substitute “the Department of Justice”.

51

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

52

(1) In section 24[^f00153] (Secretary of State’s long term policing objectives)—

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

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

(4) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00154] applies for the purposes of subsection (3) in relation to the laying of a statement as it applies in relation to the laying of a statutory document under an enactment.

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

53

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

54

In section 27[^f00155] (codes of practice on exercise of functions by Policing Board and Chief Constable)—

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

(b) in subsection (3)—

(i) for “Secretary of State” substitute “Department of Justice”; and

(ii) for “he” substitute “the Department of Justice”.

55

In section 28(6)[^f00156] (consultation on performance plan and performance summary) for “Secretary of State” substitute “Department of Justice”.

56

(1) In section 29[^f00157] (audit of performance plans and performance summaries)—

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

(b) for subsection (3) substitute—

(3) Article 3 of the Audit and Accountability (Northern Ireland) Order 2003[^f00158] (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987[^f00159].

(i) after “General” insert “for Northern Ireland”; and

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

(d) in subsection (4A)—

(i) after “General” insert “for Northern Ireland”; and

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

(e) in subsection (5)—

(i) after “General” insert “for Northern Ireland”; and

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

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

(g) in subsection (10)—

(i) for “Secretary of State” substitute “Department of Justice”; and

(ii) after “General” insert “for Northern Ireland”.

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

57

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

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

(3) In subsection (2)—

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

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

(4) In subsection (3)—

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

(b) after “General” insert “for Northern Ireland”.

(5) For subsection (4) substitute—

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

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

(7) In subsection (6)—

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

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

(8) In subsection (7)—

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

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

(9) In subsection (8)—

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

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

(10) After subsection (8) insert—

(8A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00160] applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

58

(1) In section 31[^f00161] (enforcement of duties under section 28)—

(a) in subsection (1)—

(i) for “Secretary of State” substitute “Department of Justice”; and

(ii) for “he” substitute “it”;

(b) in subsection (2)—

(i) for “Secretary of State” substitute “Department of Justice”; and

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

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

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

59

(1) Amend section 33A[^f00162] (provision of information to Policing Board) as follows.

(2) For subsections (3) and (4) substitute—

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

60

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

61

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

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

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

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

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

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

62

In section 36A[^f00163] (fixed-term appointments)—

(a) in subsection (4)—

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

(ii) for “he” substitute “it”; and

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

63

In section 41[^f00164] (status etc. of trainees)—

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

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

64

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

65

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

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

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

66

In section 44[^f00165] (recruitment arrangements: trainees and support staff)—

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

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

67

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

68

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

69

In section 52[^f00166] (code of ethics)—

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

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

70

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

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

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

(i) for “Secretary of State” substitute “Department of Justice”, and

(ii) for “he” substitute “it”.

71

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

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

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

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