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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

State In force

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articles 19

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(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”;

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

72

In section 57[^f00167] (annual and other reports by the Policing Board)—

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

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

(d) in subsection (6)—

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

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

73

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

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

(b) in subsection (4)—

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

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

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

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00168] applies for the purposes of subsection (4) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.

74

(1) Amend section 59[^f00169] (general duty of Chief Constable to report to Policing Board) as follows.

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

(3) After subsection (3) insert—

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

(4) For subsection (4) substitute—

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

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

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

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

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

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

75

(1) Amend section 60[^f00170] (inquiry by Policing Board following report by Chief Constable) as follows.

(2) In subsection (2)—

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

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

(3) After subsection (2) insert—

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

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

(5) After subsection (5) insert—

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

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

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

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

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

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

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

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

76

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

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

(3) After subsection (1) insert—

(1A) In this section “the appropriate authority” means, in relation to any matter— (a) the Secretary of State, if the matter relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a function conferred or imposed on the Secretary of State by or under a statutory provision; (b) otherwise, the Minister of Justice; and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998[^f00171].

(4) After subsection (3) insert—

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

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

77

(1) Amend section 66[^f00172] (access by Ombudsman to information and documents) as follows.

(2) For subsections (2) to (4) substitute—

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

78

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

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

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

(4) After subsection (2) insert—

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

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

79

In section 70 (RUC George Cross Foundation)—

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

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

80

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

81

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

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

(b) for subsection (10) substitute—

(10) For the purposes of this section— (a) the Secretary of State may by order specify as a designated place of detention a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000[^f00173]; and (b) the Department of Justice may by order specify as a designated place of detention any other place which is designated under any enactment as a place in which persons may be detained.

82

(1) Amend section 74A[^f00174] (restriction on disclosure of information) as follows.

(2) For subsection (2)(c) substitute—

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

(3) For subsection (3)(b) substitute—

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

(4) For subsection (4)(b) substitute—

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

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

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

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

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

(7) After subsection (7) insert—

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

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

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

(a) the person conducting the inquiry under section 60, or

(b) the Board or a special purposes committee,

that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of the Police (Northern Ireland) Act 2000[^f00175].

83

In section 76[^f00176] (orders and regulations)—

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

(b) in subsection (2)—

(i) for “Orders” substitute “An order”, and

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

(d) in subsection (4) omit “or 54”;

(e) after subsection (4) insert—

(4A) No regulations may be made under section 54 unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (4B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00177] applies for the purposes of subsection (4A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

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

(g) after subsection (5) insert—

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

84

In section 76A(1)[^f00178] (disclosure of information and holding of inquiries) after “59” insert “, 60, 61”.

85

In section 77(1)[^f00179] (interpretation), at the appropriate place, insert—

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

86

(1) Amend Schedule 1[^f00180] (the Northern Ireland Policing Board) as follows.

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

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

(4) In paragraph 14—

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

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

(5) In paragraph 15—

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

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

(6) In paragraph 16—

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

(b) in sub-paragraph (3)—

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

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

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

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

(d) after sub-paragraph (4) insert—

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

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

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

(9) In paragraph 23—

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

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

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

87

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

88

(1) Amend Schedule 3[^f00181] (district policing partnerships) as follows.

(2) In paragraph 6—

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

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

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

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

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

(4) In paragraph 16—

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

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

89

(1) Amend Schedule 3A[^f00182] (Belfast sub-groups) as follows.

(2) In paragraph 6—

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

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

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

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

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

Royal Ulster Constabulary (Complaints etc.) Regulations 2000

90

(1) Amend the Royal Ulster Constabulary (Complaints etc.) Regulations 2000[^f00183] as follows.

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

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

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

(5) After regulation 30 insert—

(31) (1) At the end of an investigation of a matter investigated under section 55 of the Act of 1998[^f00184], the Ombudsman shall send a copy of the report on the investigation to the Secretary of State if the report relates wholly or in part to an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998[^f00185]), a reserved matter (within the meaning given by that section) or a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision. (2) In a case where, for the purposes of regulation 21(2)(b) above, the Ombudsman is of the opinion that compliance with the request would be contrary to the public interest on the ground of national security (or on grounds including national security), in regulation 21(2)(b) above the reference to the Department of Justice is to be read as a reference to the Secretary of State.

91

(1) Regulations 1 to 30 of the Royal Ulster Constabulary (Complaints etc.) Regulations 2000 (as amended by paragraph 90(2) to (4) above) continue in effect as if made by the Department of Justice under section 64 of the Police (Northern Ireland) Act 1998[^f00186].

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

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

Royal Ulster Constabulary GC Regulations 2002

92

(1) Amend the Royal Ulster Constabulary GC Regulations 2002[^f00187] as follows.

(2) In regulations 11 and 11A, wherever occurring—

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

(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”.

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

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

Police (Northern Ireland) Act 2003

93

(1) Amend the Police (Northern Ireland) Act 2003[^f00188] as follows.

(2) In section 34[^f00189] (complaints and misconduct)—

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

(b) in subsection (4)—

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

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

(3) After section 34 insert—

(34A) (1) The Secretary of State may make regulations containing provision of any kind within section 34(1) to (3) for purposes connected with— (a) excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998); (b) matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision (within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954[^f00190]). (2) Before making regulations under this section the Secretary of State must consult the Department of Justice, the persons mentioned in section 34(4)(a) to (d) and any other person or body appearing to the Secretary of State to have an interest in the matter. (3) Regulations made by the Department of Justice under section 34 have effect subject to regulations made by the Secretary of State under this section.

(4) In section 37(1)[^f00191] (code of ethics) for “Secretary of State” substitute “Department of Justice”.

(5) In section 44 (orders and regulations)—

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

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

(6) An order or regulations made by the Department of Justice under this Act shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00192]).

Civil Contingencies Act 2004

94

Amend the Civil Contingencies Act 2004[^f00193] as follows.

95

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

(2) After subsection (4) insert—

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

96

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

(2) After subsection (6) insert—

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

97

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

(2) After subsection (5) insert—

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

98

(1) Amend section 5 (general measures) as follows.

(2) After subsection (5) insert—

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

99

(1) Amend section 6 (disclosure of information) as follows.

(2) After subsection (6) insert—

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

100

(1) Amend section 7 (urgency) as follows.

(2) After subsection (4) insert—

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

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

101

(1) Amend section 9 (monitoring by Government) as follows.

(2) After subsection (4) insert—

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

102

(1) Amend section 10 (enforcement) as follows.

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

(3) After subsection (2) insert—

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

103

After section 12 insert—

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

104

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

(2) After subsection (3) insert—

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

105

After section 14 insert—

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

106

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

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

107

After section 15 insert—

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

108

(1) Amend section 17 (regulations and orders) as follows.

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

(3) After subsection (1) insert—

(1A) Any power of the Department of Justice in Northern Ireland under this Part to make regulations or an order is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00194].

(4) After subsection (3) insert—

(3A) An order under section 1(4), 5(1) or 13(1) may not be made by the Department of Justice in Northern Ireland unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly. (3B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00195] applies for the purposes of subsection (3A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(5) After subsection (5) insert—

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

109

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

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

110

(1) Subject to what follows, the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005[^f00196] continue in effect ignoring paragraphs 94 to 109 above.

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

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

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

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

(4) In this paragraph “a relevant power” means a power conferred by any of the following provisions of the Civil Contingencies Act 2004[^f00197]—

(a) section 2(3) and (5);

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

(d) section 12;

(e) section 12A;

(f) section 15(3);

(g) section 15A(2);

(h) section 15A(5);

(i) section 17(6).

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

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

111

(1) Amend the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008[^f00198] as follows.

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

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

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

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

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

(7) After Part 7 insert—

In section 65 of the 1998 Act as it applies by virtue of regulation 4(1) above, the power of the Secretary of State to issue guidance includes power to issue guidance concerning the discharge of functions under Parts 1 to 7 above and this Part (and section 65(7) of the 1998 Act applies accordingly).

In a case where, for the purposes of regulation 8(5)(c) above, the Ombudsman is of the opinion that compliance with the request would be contrary to the public interest on the ground of national security (or on grounds including national security), in regulation 8(5)(c) above the reference to the Department of Justice is to be read as a reference to the Secretary of State.

At the end of an investigation of a matter investigated under section 55 of the 1998 Act concerning the relevant conduct of a designated person, the Ombudsman shall send a copy of the report on the investigation to the Secretary of State if the report relates wholly or in part to an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998[^f00199]), a reserved matter (within the meaning given by that section) or a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

112

(1) Parts 1 to 7 of the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (as amended by paragraph 111(2) to (6) above) continue in effect as if made by the Department of Justice under section 34 of the Police (Northern Ireland) Act 2003[^f00200].

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

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

SCHEDULE 4 — Amendments relating to prisons

Prison Act (Northern Ireland) 1953

1

Amend the Prison Act (Northern Ireland) 1953[^f00201] as follows.

2

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

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

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

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

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

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

3

(1) After section 1 insert—

(1A) (1) For purposes connected with any matter mentioned in subsection (2), the Secretary of State may continue to exercise the functions (except functions under prison rules) which the Secretary of State had by virtue of this Act immediately before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (notwithstanding the transfer of those functions to the Department by virtue of that Order). (2) The matters are— (a) activities regulated by, or otherwise relating to the subject matter of, Parts 1 to 3 of the Regulation of Investigatory Powers Act 2000[^f00202], including (in particular) in relation to information obtained through any such activities— (i) the taking of decisions on the basis of the information; (ii) the controlling of access to the information; (iii) the holding and use of the information (so far as not covered by sub-paragraphs (i) and (ii)); (b) where at any time the accommodation of prisoners in separated conditions on the grounds of security, safety or good order is provided for, decisions about whether a prisoner is to be so accommodated or is to cease to be so accommodated, including (in particular) the setting of any criteria upon which such decisions are to be based; (c) national security, including (in particular)— (i) the taking of decisions on the basis of protected information; (ii) the controlling of access to protected information; (iii) the holding and use of protected information (so far as not covered by sub-paragraphs (i) and (ii)). “Protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security. (3) In particular, the Secretary of State may continue to make prison rules. (4) The Department must exercise its functions subject to any thing done by the Secretary of State under subsection (1) and, in particular, prison rules made by the Department have effect subject to prison rules made by the Secretary of State. (5) Before making prison rules the Secretary of State or the Department (as the case may be) must consult the other. (6) Prison rules may, in particular, confer or impose functions on the Secretary of State. (7) The Secretary of State may from time to time, for purposes connected with any matter mentioned in subsection (2) and after consultation with the Department, give a direction setting out arrangements under which officers of the Department (including persons appointed under section 2(2)) who have duties in relation to prisons or prisoners are (so far as provided by, and in accordance with, the arrangements) to be treated as officers of the Secretary of State (rather than of the Department) and subject to his direction and control accordingly; and the officers covered by the direction are to act accordingly. (8) The arrangements may (in particular) provide for officers to exercise functions of the Secretary of State.

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

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

4

In section 5 (annual report)—

(a) for subsection (1) substitute—

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

; and

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

5

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

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

6

For section 42 substitute—

(42) (1) Prison rules made by the Department are subject to negative resolution. (2) Prison rules made by the Secretary of State are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946[^f00203] applies accordingly.

7

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

“Department” means the Department of Justice;

Prison and Young Offenders Centre Rules (Northern Ireland) 1995

8

Amend the Prison and Young Offenders Centre Rules (Northern Ireland) 1995[^f00204] as follows.

9

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

10

(1) Amend rule 4 as follows.

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

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

11

(1) Amend rule 7 as follows.

(2) After paragraph (2) insert—

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

12

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

13

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

14

After rule 50 insert—

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

15

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

16

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

17

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

18

After rule 73 insert—

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

19

(1) Amend rule 79L as follows.

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

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

20

After rule 79M insert—

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

21

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

22

At the beginning of Part 13A insert—

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

23

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

24

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

25

(1) Subject to sub-paragraph (2), the Prison and Young Offenders Centre Rules (Northern Ireland) 1995[^f00205] (as amended by paragraphs 8 to 24 above) continue in effect as if made by the Department of Justice under section 13 of the Prison Act (Northern Ireland) 1953[^f00206].

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

Regulation of Investigatory Powers Act 2000

26

At the end of Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000[^f00207] (relevant authorities for the purposes of sections 28 and 29) insert—

(23E) The Department of Justice.

27

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

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

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

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

28

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

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

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

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

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

29

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

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

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

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

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

SCHEDULE 5 — Release of prisoners on licence

Life Sentences (Northern Ireland) Order 2001

1

Amend the Life Sentences (Northern Ireland) Order 2001[^f00208] as follows.

2

In Article 2 (interpretation)—

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

(b) after paragraph (2) insert—

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

3

In Article 5 (determination of tariffs)—

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

(b) in paragraph (6)—

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

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

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

4

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

5

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

(a) in paragraph (1)—

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

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

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

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

6

In Article 8 (duration and conditions of licences)—

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

(b) for paragraph (4) substitute—

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

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

7

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

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

(b) in paragraph (2)—

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

(ii) after “appears to” insert “it or”;

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

(e) after paragraph (6) insert—

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

8

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

(a) in paragraph (1)—

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

(ii) for “his opinion” substitute “its opinion”;

(b) in paragraph (2)—

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

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

9

In Article 11 (existing life prisoners)—

(a) in paragraph (1)—

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

(ii) for “his opinion” substitute “its opinion”; and

(b) in paragraph (2)—

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

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

Criminal Justice (Northern Ireland) Order 2008

10

Amend the Criminal Justice (Northern Ireland) Order 2008[^f00209]as follows.

11

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

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

12

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

13

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

14

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

15

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

16

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

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

(3) After paragraph (4) insert—

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

17

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

18

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

19

In Article 24 (licence conditions)—

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

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

20

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

21

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

22

After Article 27 insert—

(27A) (1) The Secretary of State may exercise any power of the Department of Justice to include, insert, vary or cancel conditions in a licence but only if his decision to exercise the power is arrived at (wholly or partly) on the basis of protected information; and, in relation to the exercise of any such power by the Secretary of State, in this Chapter references to the Department of Justice are to be read as references to the Secretary of State. (2) The Department of Justice must exercise its powers subject to anything done by the Secretary of State by virtue of paragraph (1).

23

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

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

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

(d) after paragraph (7) insert—

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

24

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

(a) in paragraph (5)—

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

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

(b) after paragraph (5) insert—

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

25

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

26

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

27

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

28

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

29

(1) Amend Article 46 (Parole Commissioners) as follows.

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

(3) After paragraph (4) insert—

(5) Arrangements under section 1A(7) of the Prison Act (Northern Ireland) 1953[^f00210] may include arrangements for purposes connected with any of the Secretary of State’s functions by virtue of— (a) the Life Sentences (Northern Ireland) Order 2001[^f00211], (b) Chapter 4 of this Part, or (c) this Chapter (including rules made under paragraph 4 or 4A of Schedule 4); and, accordingly, in section 1A(8) of the 1953 Act the reference to functions of the Secretary of State includes functions of the Secretary of State by virtue of any of the provisions mentioned in sub-paragraphs (a) to (c) above.

30

For Article 100 substitute—

(100) (1) Regulations, orders and rules made by the Department of Justice under this Order shall be subject to negative resolution. (2) Paragraph (1) does not apply to an order under Article 1 or 22(4). (3) An order under Article 22(4) is not a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00212]. (4) Rules made by the Secretary of State under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946[^f00213] shall apply accordingly. (5) Regulations, orders or rules made by the Department of Justice or the Secretary of State under this Order may contain— (a) any incidental, supplementary or consequential provision, and (b) any transitory, transitional or saving provisions, which the Department of Justice or the Secretary of State (as the case may be) considers necessary or expedient.

31

(1) Amend Schedule 4 (the Parole Commissioners) as follows.

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

(3) After paragraph 4 insert—

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

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

(5) In paragraph 7—

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

(b) for sub-paragraph (2) substitute—

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

Parole Commissioners’ Rules (Northern Ireland) 2009

32

Amend the Parole Commissioners’ Rules (Northern Ireland) 2009[^f00214] as follows.

33

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

34

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

35

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

36

In rule 25—

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

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

37

After rule 32(2) insert—

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

38

After Part 7 insert—

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

39

(1) Amend Schedule 2 as follows.

(2) In paragraph 9 of Part A—

(a) omit “Secretary of State’s”;

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

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

40

(1) Parts 1 to 7 of the Parole Commissioners’ Rules (Northern Ireland) 2009[^f00215] (as amended by paragraphs 33 to 37 and 39 above) continue in effect as if made by the Department of Justice under paragraph 4 of Schedule 4 to the Criminal Justice (Northern Ireland) Order 2008[^f00216].

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

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

(4) If under the Life Sentence Review Commissioners’ Rules 2001[^f00217] a prisoner and any representative appointed by him are excluded from proceedings, the Advocate General for Northern Ireland may appoint a person to represent the prisoner’s interests in those proceedings; and, accordingly—

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

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

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

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

SCHEDULE 6 — Mercy and miscarriages of justice

Criminal Justice Act 1988

1

Amend the Criminal Justice Act 1988[^f00218] as follows.

2

(1) In section 133[^f00219] (compensation for miscarriages of justice) after subsection (6) insert—

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