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

(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”;

• (c) after paragraph (2) insert—

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

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.

• (c) after paragraph (4) insert—

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

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”;

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

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

• (e) after paragraph (6) insert—

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

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

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

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”;

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

• (d) after paragraph (7) insert—

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

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.

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

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—

(6A) Subject to what follows, in the application of this section in relation to a person (“P”) convicted in Northern Ireland of a criminal offence, in subsections (1) to (4) any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland. (6B) If P is pardoned, subsection (6A) applies only if the pardon is a devolved pardon. (6C) Subsections (6D) to (6H) apply if— (a) P’s conviction is reversed or P is given a devolved pardon, (b) an application for compensation is made in relation to P’s conviction, (c) the application is made before the end of the period mentioned in subsection (2) or, if it is made after the end of that period, the Department of Justice gives a direction under subsection (2A), and (d) the Department of Justice has reason to believe that protected information may be relevant to the application (for example, because the court which quashed P’s conviction did not make public (in whole or in part) its reasons for quashing P’s conviction). (6D) The Department of Justice must refer the application to the Secretary of State who must then take a view as to whether or not any protected information is relevant to the application. (6E) If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly. (6F) If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either— (a) the protected information, or (b) a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application. (6G) If the Secretary of State refers the application back to the Department of Justice under subsection (6F), the Secretary of State must provide the Department with either— (a) the protected information, or (b) a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application. (6H) If the Secretary of State is not required to refer the application back to the Department of Justice— (a) subsections (3) and (4) apply to the application ignoring subsection (6A), and (b) any compensation payable on the application is payable by the Secretary of State. (6I) In this section “protected information” means information the disclosure of which may be against the interests of national security. (6J) In this section “devolved pardon” means— (a) a pardon given after the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 in the exercise of powers under section 23(2) of the Northern Ireland Act 1998[^f00220]; (b) a pardon given before the coming into force of that Order which, had it been given after the coming into force of that Order, would have had to have been given in the exercise of powers under section 23(2) of the 1998 Act (ignoring article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010). (6K) The pardons covered by subsection (6J)(a) include pardons given in reliance on article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

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

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

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

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

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

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

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

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

• (a) the protected information, or

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

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

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

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

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

• (i) the protected information, or

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

3

In section 133A[^f00221] (miscarriages of justice: amount of compensation) after subsection (8) insert—

(9) In relation to compensation payable by the Department of Justice in Northern Ireland, the power in subsection (7) is exercisable by the Department (and not by the Secretary of State). (10) The power of the Department of Justice to make an order under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00222] (and not by statutory instrument). (11) No order may be made by the Department of Justice under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (8) does not apply). (12) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00223] applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

4

• (1) Amend Schedule 12[^f00224] (assessors of compensation for miscarriages of justice) as follows.

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

• (3) After paragraph 7 insert—

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

Criminal Appeal Act 1995

5

Amend the Criminal Appeal Act 1995[^f00225] as follows.

6

• (1) Amend section 16[^f00226] (assistance in connection with prerogative of mercy) as follows.

• (2) After subsection (2) insert—

(2A) Where the Minister in charge of the Department of Justice in Northern Ireland refers to the Commission any matter which arises in the consideration of whether Her Majesty’s prerogative of mercy should be exercised on Her behalf under section 23(2) of the Northern Ireland Act 1998[^f00227] in relation to a conviction and on which the Minister desires the Commission’s assistance, the Commission shall— (a) consider the matter referred, and (b) give to the Minister a statement of their conclusions on it; and for the purposes of the consideration of whether Her Majesty’s prerogative of mercy should be so exercised, the Commission’s statement shall be treated as conclusive of the matter referred. (2B) Where in any case the Commission are of the opinion that Her Majesty’s prerogative of mercy should be so exercised, they shall give the Minister reasons for their opinion.

• (3) Sub-paragraph (4) below applies if—

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

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

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

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

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

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

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

7

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

8

• (1) Amend Schedule 1 (the Commission) as follows.

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

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

• (3) In paragraph 8—

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

• (b) after sub-paragraph (3) insert—

(4) The Department of Justice shall lay before the Northern Ireland Assembly a copy of every report sent to the Department of Justice under sub-paragraph (1). (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00228] applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

SCHEDULE 7 — Criminal Justice and Public Order Act 1994

1

Amend the Criminal Justice and Public Order Act 1994[^f00229] as follows.

2

At the beginning of Chapter 3 of Part 8 insert—

(117A) (1) This Chapter, except so far as it relates to the delivery of prisoners to or from premises situated outside the United Kingdom, has effect subject to the following modifications. (2) Any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland. (3) Subsections (4) and (5) below apply instead of section 120(6) and paragraph 3(3) of Schedule 7. (4) The power of the Department of Justice to make rules under section 120 or to make regulations under paragraph 3 of Schedule 7 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00230]. (5) Rules made by the Department of Justice under section 120, and regulations made by the Department of Justice under paragraph 3 of Schedule 7, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00231]).

3

In section 127[^f00232] (prison service: inducements to withhold services or to indiscipline)—

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

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

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

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

4

• (1) Amend section 127A[^f00233] (power to suspend operation of section 127) as follows.

• (2) After subsection (1) insert—

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

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

• (4) After subsection (4) insert—

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

5

Omit section 128(5)(aa)[^f00234] (definition of prison service in Northern Ireland).

6

After section 128 insert—

(128A) (1) The Department of Justice in Northern Ireland may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of— (a) the rates of pay and allowances to be applied to the prison service; and (b) such other terms and conditions of employment in that service as may appear to the Department of Justice to fall to be determined in association with the determination of rates of pay and allowances. (2) Before making any regulations under this section the Department of Justice shall consult with such organisations appearing to it to be representative of persons working in the prison service and with such other persons as it thinks fit. (3) The power to make regulations under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (4) Regulations made under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954). (5) Regulations under this section may— (a) provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations; (b) authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined; (c) make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit; and (d) make different provision for different cases. (6) For the purposes of this section, the prison service comprises all the individuals who hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 2(2) of the Prison Act (Northern Ireland) 1953[^f00235].

7

• (1) Amend section 172 (extent) as follows.

• (2) After subsection (13) insert—

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

• (3) In subsection (14)—

• (a) after “Sections” insert “117A,”;

• (b) before “extend” insert “also”;

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

SCHEDULE 8 — Transfer of prisoners

Repatriation of Prisoners Act 1984

1

Amend the Repatriation of Prisoners Act 1984[^f00236] as follows.

2

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

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

• (b) after paragraph (a) insert—

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

3

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

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

• (b) after paragraph (a) insert—

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

4

• (1) Amend section 4 (temporary return) as follows.

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

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

• (b) after paragraph (a) insert—

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

• (3) After subsection (6) insert—

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

5

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

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

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

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

6

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

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

7

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

8

In section 4E—

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

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

9

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

10

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

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

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

• (b) after paragraph (a) insert—

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

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

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

.”.

11

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

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

12

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

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

• (b) after paragraph (a) insert—

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

13

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

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

• (b) after paragraph (a) insert—

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

14

After section 8 insert—

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

Crime (Sentences) Act 1997

15

Amend Schedule 1 to the Crime (Sentences) Act 1997[^f00237] (transfer of prisoners within the British Islands) as follows.

16

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

• (2) In sub-paragraph (2A)—

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

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

• (3) After sub-paragraph (2A) insert—

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

• (4) After sub-paragraph (4) insert—

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

17

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

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

18

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

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

19

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

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

20

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

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

21

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

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

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

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

22

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

• (2) After sub-paragraph (1) insert—

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

• (3) After sub-paragraph (2) insert—

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

23

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

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

24

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

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

25

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

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

26

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

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

SCHEDULE 9 — Corporate Manslaughter and Corporate Homicide Act 2007

1

Amend the Corporate Manslaughter and Corporate Homicide Act 2007[^f00238] as follows.

2

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

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

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

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

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

3

After section 23 insert—

(23A) (1) The power to make an order under any of the following provisions is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998[^f00239]). (2) The provisions are— (a) section 16(4); (b) section 16(6); (c) section 21; (d) section 22; (e) section 23. (3) None of the following applies in relation to a power of the Department of Justice to make an order by virtue of this section— (a) section 16(7); (b) section 21(3); (c) section 22(2); (d) section 23(3).

4

• (1) Amend section 24 (orders) as follows.

• (2) After subsection (4) insert—

(5) A power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00240]. (6) An order made by the Department of Justice under section 15 or 16 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00241]). (7) No order shall be made by the Department of Justice under section 21 or 23 or (subject to subsection (8)) section 22, unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (8) If the only amendments to Schedule 1 made by an order of the Department of Justice under section 22 are amendments within subsection (3) of that section— (a) subsection (7) of this section does not apply to the making of the order, and (b) the order is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954). (9) No order shall be made by the Department of Justice under section 27 bringing into force paragraph (d) of section 2(1) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (10) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00242] applies for the purposes of subsections (7) and (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

5

• (1) Amend section 27 (commencement and savings) as follows.

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

• (3) After subsection (1) insert—

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

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

SCHEDULE 10 — Serious Crime Act 2007

1

Amend the Serious Crime Act 2007[^f00243] as follows.

2

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

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

• (3) After subsection (4) insert—

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

3

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

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

4

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

• (2) After subsection (9) insert—

(9A) The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998[^f00244]).

5

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

• (2) In subsection (11)—

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

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

6

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

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

• (3) After subsection (1) insert—

(1A) The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989[^f00245] by virtue of section 28(2).

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

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

• (6) After subsection (3) insert—

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

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

7

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

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

• (3) After subsection (8) insert—

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

8

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

• (2) After subsection (6) insert—

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

9

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

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

• (3) After subsection (3) insert—

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

10

• (1) Amend section 89 (orders) as follows.

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

• (3) In subsection (6)—

• (a) after “order” insert “made by statutory instrument”;

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

• (c) omit “or (11)”.

• (4) After subsection (6) insert—

(7) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00246]. (8) Any power of the Department of Justice to make an order under this Act— (a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes; (b) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate. (9) No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (10) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00247] applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (11) An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00248]).

SCHEDULE 11 — Amendments relating to firearms

Firearms (Northern Ireland) Order 2004

1

Amend the Firearms (Northern Ireland) Order 2004[^f00249] as follows.

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

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

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

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

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

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

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

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

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

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

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

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• (1) Amend Article 48 (prohibition of movement of firearms and ammunition) as follows.

• (2) In paragraphs (1) and (2) for “Secretary of State” substitute “appropriate authority”.

• (3) After paragraph (4) insert—

(5) In this Article “the appropriate authority” means— (a) in relation to prohibited weapons and prohibited ammunition, the Secretary of State; (b) in relation to any other firearms or ammunition, the Department of Justice.

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• (1) Amend Article 63 (prohibition of possession etc. of firearm by certain persons) as follows.

• (2) In paragraph (4) for “Secretary of State” substitute “Minister of Justice”.

• (3) In paragraph (7) omit the words after “remove the prohibition”.

• (4) After paragraph (7) insert—

(7A) Where an application is made to the Secretary of State under paragraph (7) for the removal of a prohibition, the Secretary of State must— (a) remove the prohibition, (b) refuse the application, or (c) refer the application to the Minister of Justice. (7B) But the Secretary of State may act under paragraph (7A)(a) or (b) only if the Secretary of State’s view that the prohibition should be removed or the application should be refused is arrived at (wholly or partly) on the basis of information the disclosure of which may, in the view of the Secretary of State, be against the interests of national security. (7C) Where an application is referred to the Minister of Justice under paragraph (7A)(c), the Minister may remove the prohibition or refuse the application.

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