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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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(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

(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.

2

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

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

3

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);

(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).

4

(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.

5

(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.

6

In Article 71(1)(b) (power by order to exclude application of minimum sentence under Article 70 to those under 18) for “he” substitute “the Department of Justice”.

7

(1) Amend Article 72 (forfeiture and disposal of firearms) as follows.

(2) In paragraph (1)(a) for “Secretary of State” substitute “Minister of Justice”.

8

(1) Amend Article 74 (appeal from decision of Chief Constable) as follows.

(2) In paragraph (1) for “Secretary of State” substitute “relevant authority”.

(3) In paragraph (2) for “Secretary of State may make such order as he” substitute “relevant authority may make such order as the relevant authority”.

(4) After paragraph (4) insert—

(5) In this Article “the relevant authority” means— (a) the Secretary of State, in any case where the Chief Constable’s decision was taken wholly or partly on the basis of information the disclosure of which may, in the view of the Secretary of State or of the Chief Constable, be against the interests of national security; (b) the Department of Justice, in any other case. (6) Where the Chief Constable makes a decision within paragraph (3)(a) to (d), he must notify (as the case may be)— (a) the applicant, or (b) the holder of the certificate, who the relevant authority is for the purposes of any appeal against the decision. (7) An order under Article 72(4) must be accompanied by a written statement by the Chief Constable specifying who the relevant authority is for the purposes of any appeal against the order.

(5) Sub-paragraph (6) below applies to an appeal made, but not determined, under Article 74 before the coming into force of this Order.

(6) The Secretary of State must determine who the relevant authority (as defined in Article 74(5) (as inserted by sub-paragraph (4) above)) is for the purposes of the appeal and then—

(a) if the relevant authority is determined to be the Secretary of State, must proceed to determine the appeal;

(b) if not, must refer the appeal to the Department of Justice for determination.

9

In Article 75 (fees)—

(a) in paragraph (3) for “Treasury” substitute “Department of Finance and Personnel”; and

(b) omit paragraph (4).

10

(1) For Article 80 (regulations and orders) substitute—

(80) (1) The Department of Justice may make regulations— (a) as to the manner in which the Chief Constable is to carry out his duties under this Order; (b) generally for carrying this Order into effect. (2) The Secretary of State may, for purposes connected with national security or any function of the Secretary of State under this Order, make regulations— (a) as to the manner in which the Chief Constable is to carry out his duties under this Order; (b) generally for carrying this Order into effect. (3) Regulations under paragraph (2) may (in particular) make provision about the holding or use of information the disclosure of which may be against the interests of national security. (4) Regulations made by the Department of Justice under paragraph (1) have effect subject to regulations made by the Secretary of State under paragraph (2). (5) Regulations and orders made by the Department of Justice under this Order are subject to negative resolution. (6) Regulations and orders made by the Secretary of State under this Order, except orders under Article 1, 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[^f00250] applies accordingly.

(2) Any regulations in effect under Article 80(1) immediately before the coming into force of this Order continue in effect as if made by the Department of Justice under Article 80(1) (as inserted by sub-paragraph (1) above) and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.

11

(1) Amend Article 81 (saving and transitional provisions) as follows.

(2) After paragraph (2) insert—

(2A) The Department of Justice may by order under Article 8(3) or paragraph 2(6) of Schedule 2 make such saving and transitional provisions as appear to the Department of Justice to be necessary or expedient.

(3) In paragraph (3)—

(a) omit “, 8(3)”;

(b) after “Schedule 2” insert “(as applied by paragraph 3A(4) of that Schedule)”.

12

(1) Amend Schedule 2 (firearms and ammunition in museums) as follows.

(2) In paragraph 2—

(a) in sub-paragraph (2) after “While a licence” insert “granted by the Department of Justice”;

(b) omit the word “and” at the end of sub-paragraph (2)(a);

(d) in sub-paragraph (3) for “he” substitute “the Department of Justice”;

(e) in sub-paragraphs (4) and (5) after “licence” insert “granted by the Department of Justice”.

(3) In paragraph 3—

(a) in sub-paragraph (1)(a) for “held” substitute “granted by the Department of Justice”;

(b) in sub-paragraph (2) for “him” substitute “the Department of Justice”;

(d) in sub-paragraph (3)(a) for “he” substitute “the Department of Justice”;

(e) in sub-paragraph (4) after “licence” (where it first occurs) insert “granted by the Department of Justice”;

(f) in sub-paragraph (4) for “him” substitute “the Department of Justice”.

(4) After paragraph 3 insert—

(3A) (1) The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum. (2) While a licence granted by the Secretary of State is in force in respect of a museum the persons responsible for its management and their employees may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for the purposes of the museum any prohibited weapons and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence. (3) The Secretary of State shall not grant a licence in respect of a museum unless the Secretary of State is satisfied that the arrangements for exhibiting and keeping the prohibited weapons and ammunition in question are or will be such as not to endanger public safety or the peace. (4) Paragraphs 2(4) to (6) and 3 apply in relation to licences granted by the Secretary of State; and for this purpose references to the Department of Justice are to be read as references to the Secretary of State.

(5) In paragraph 4 after “licence” insert “by the Department of Justice”.

(6) In paragraph 5—

(a) in sub-paragraph (1) for “the licence” substitute “a licence”;

(b) in sub-paragraph (2) after “paragraph 3” insert “(including as applied by paragraph 3A(4))”.

(7) A licence in force under Schedule 2 immediately before the coming into force of this Order which does not contain any provision within what was paragraph 2(2)(b) of Schedule 2 (before its repeal by sub-paragraph (2)(c) above) continues in force as if granted by the Department of Justice under paragraph 2 of Schedule 2.

(8) Any other licence in force under Schedule 2 immediately before the coming into force of this Order continues in force ignoring any amendments of Schedule 2 made by this Order and paragraph 13 below.

13

In Schedule 6 (fees)—

(a) in paragraph 5 after “licence” insert “by the Department of Justice”;

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

Violent Crime Reduction Act 2006

14

Amend Schedule 2 to the Violent Crime Reduction Act 2006[^f00251] (weapons etc.: corresponding provisions for Northern Ireland) as follows.

15

(1) Amend paragraph 4 (manufacture, import and sale of realistic imitation firearms) as follows.

(2) After sub-paragraph (2) insert—

(2A) The Department of Justice may by regulations— (a) provide for exceptions and exemptions from the offence under sub-paragraph (1)(a), (b) or (c); and (b) provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

(3) In sub-paragraph (3) for “(1)” substitute “(1)(d)”.

(4) In sub-paragraph (4)—

(a) for “(3)” substitute “(2A) or (3)”; and

(b) in paragraph (c) after “as” insert “the Department of Justice or (as the case may be)”.

(5) After sub-paragraph (4) insert—

(4A) The power of the Department of Justice to make regulations under sub-paragraph (2A) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00252]. (4B) That power includes power— (a) to make different provision for different cases; (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit. (4C) Regulations under sub-paragraph (2A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00253]).

16

(1) Amend paragraph 5 (defences to offence under paragraph 4) as follows.

(2) In sub-paragraph (2)(e) for “Secretary of State” substitute “appropriate authority”.

(3) After sub-paragraph (2) insert—

(2A) In sub-paragraph (2)(e) “the appropriate authority” means— (a) in relation to the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice; (b) in relation to the offence under paragraph 4(1)(d), the Secretary of State.

(4) After sub-paragraph (4) insert—

(4A) The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (4B) That power includes power— (a) to make different provision for different cases; (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit. (4C) Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00254]).

17

(1) Amend paragraph 6 (meaning of “realistic imitation firearm”) as follows.

(2) In sub-paragraph (4) for “Secretary of State” substitute “appropriate authority”.

(3) After sub-paragraph (4) insert—

(4A) In sub-paragraph (4) “the appropriate authority” means— (a) in the application of this paragraph for the purposes of the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice; (b) in the application of this paragraph for the purposes of the offence under paragraph 4(1)(d) or for the purposes of paragraph 4(7), the Secretary of State. (4B) The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (4C) That power includes power— (a) to make different provision for different cases; (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit. (4D) Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

18

(1) Amend paragraph 7 (specification for imitation firearms) as follows.

(2) Before sub-paragraph (1) insert—

(A1) For the purposes of sub-paragraph (2)(a) to (c), the Department of Justice may by regulations make provision requiring imitation firearms to conform to specifications which are— (a) set out in the regulations; or (b) approved by such persons and in such manner as may be so set out.

(3) In sub-paragraph (1) for “The” substitute “For the purposes of sub-paragraph (2)(d), the”.

(4) In sub-paragraph (2)—

(a) in paragraph (a) for “this paragraph” substitute “sub-paragraph (A1)”;

(b) in paragraph (d) for “so required of it” substitute “required of it by regulations under sub-paragraph (1)”.

(5) In sub-paragraph (4)—

(a) for “this paragraph”, where it occurs first, substitute “sub-paragraph (A1) or (1)”;

(b) for “this paragraph”, where it occurs second, substitute “sub-paragraph (2)(a) to (c) or (as the case may be) sub-paragraph (2)(d)”.

(6) In sub-paragraph (5) for “this paragraph” substitute “sub-paragraph (1)”.

(7) After sub-paragraph (6) insert—

(6A) The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00255]. (6B) That power includes power— (a) to make different provision for different cases; (b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and (c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit. (6C) Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00256]).

SCHEDULE 12 — Explosives

Explosives Act 1875

1

(1) The Secretary of State’s functions immediately before the coming into force of this Order under sections 43, 83 and 104 of the Explosives Act 1875[^f00257] are transferred to the Department of Justice.

(2) Any power of the Department of Justice to make an order under any of those sections is to be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(3) An order made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(4) Any function of the Secretary of State immediately before the coming into force of this Order under section 96 of the Explosives Act 1875 is transferred to the Department of Justice.

(5) In this Schedule references to the Explosives Act 1875 are to that Act in its application to Northern Ireland.

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

Explosives Act (Northern Ireland) 1970

2

(1) The Secretary of State’s functions immediately before the coming into force of this Order under section 3 of the Explosives Act (Northern Ireland) 1970[^f00258] ... are transferred to the Department of Justice.

(2) Any regulations made by the Department of Justice under section 3 of the 1970 Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00260]).

(3) Section 3(5) of the 1970 Act is omitted.

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

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

Health and Safety at Work (Northern Ireland) Order 1978

3

(1) Amend the Health and Safety at Work (Northern Ireland) Order 1978[^f00261] as follows.

(2) Omit Article 3(5).

(3) Omit Article 53.

(4) In Schedule 1 (existing statutory provisions) after paragraph 2 insert—

(3) The provisions of— (a) the Explosives Act 1875, (b) the Explosives Act (Northern Ireland) 1970, and (c) the Explosives (Northern Ireland) Order 1972, and of any regulations, orders or other instruments of a legislative character made or having effect under any of those provisions.

Powers exercisable by the Secretary of State

4

(1) For purposes connected with any reserved matter falling within paragraph 12 or 20 of Schedule 3 to the Northern Ireland Act 1998[^f00262] (reserved matters: firearms and explosives; import and export controls), the Secretary of State may continue to exercise the following functions (“transferred functions”)—

(a) any function that is transferred by paragraph 1(1) or 2(1) above;

(b) any power to make regulations that is transferred by virtue of paragraph 3 above.

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

(3) Any power of the Secretary of State by virtue of sub-paragraph (1) above to make orders or regulations is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00265].

(4) Orders and regulations 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[^f00266] applies accordingly.

(5) Subject to what follows, sub-paragraphs (1) to (4) above do not affect the transfer of any function to a Northern Ireland department by or by virtue of any of paragraphs 1 to 3 above.

(6) The following regulations continue in effect as if made, by virtue of sub-paragraph (1) above, by the Secretary of State in the exercise of the relevant transferred function—

(a) the Explosives Regulations (Northern Ireland) 1970[^f00267];

(b) the Explosives Regulations (Northern Ireland) 1971[^f00268];

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Explosives (Amendment) (No. 2) Regulations (Northern Ireland) 1973[^f00273];

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) the Explosives Regulations (Northern Ireland) 1977[^f00276];

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) regulation 21 of the Explosives in Harbour Areas Regulations (Northern Ireland) 1995[^f00278];

(m) the Marking of Plastic Explosive for Detection Regulations (Northern Ireland) 1996[^f00279];

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

(7) So far as in effect immediately before the coming into force of this Order, any other order or regulations made in the exercise of a transferred function continue in effect as if made by the Department of Justice ... .

(8) The orders covered by sub-paragraph (7) include Orders in Council made under section 43, 83 or 104 of the Explosives Act 1875[^f00282].

(9) The Secretary of State’s functions—

(a) under any regulations covered by sub-paragraph (6) are retained by the Secretary of State;

(b) under any orders or regulations covered by sub-paragraph (7) are transferred to the Department of Justice.

(10) Orders and regulations made by Northern Ireland departments in the exercise of transferred functions have effect subject to orders and regulations made by the Secretary of State in the exercise of transferred functions.

(11) Further and in particular, a Northern Ireland department may not use any transferred function ... to revoke, modify or otherwise affect the Secretary of State’s functions by virtue of this paragraph (or any order or regulations made by the Secretary of State by virtue of this paragraph).

(12) In relation to orders and regulations made by the Secretary of State by virtue of this paragraph, the Health and Safety at Work (Northern Ireland) Order 1978[^f00283] has effect as if references to the Department concerned were references to the Secretary of State.

Parliamentary procedure

5

No provision which (apart from this paragraph) would—

(a) require to be laid before Parliament any order or regulations made by a Northern Ireland department by virtue of any of paragraphs 1 to 3 above, or

(b) provide for any such order or regulations to be subject to annulment in pursuance of a resolution of either House of Parliament,

is to apply in relation to any such order or regulations.

SCHEDULE 13 — Amendments of the Justice (Northern Ireland) Act 2002

1

Amend the Justice (Northern Ireland) Act 2002[^f00284] as follows.

2

In section 29 (Public Prosecution Service)—

(a) in subsection (3) for “by the Secretary of State” substitute “out of money appropriated for that purpose by Act of the Northern Ireland Assembly”; and

(b) in subsection (4) for “Secretary of State” substitute “Department of Finance and Personnel”.

3

For section 30(9) (Director of Public Prosecutions: payment of salary etc.) substitute—

(9) There is to be paid (out of money appropriated as mentioned in section 29(3)) to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such— (a) salary, (b) allowances, or (c) sums for the provision of pensions, as the Department of Finance and Personnel may determine.

4

(1) Amend section 45 (Chief Inspector of Criminal Justice) as follows.

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

5

(1) Amend section 46[^f00285] (functions of Chief Inspector of Criminal Justice) as follows.

(2) In subsection (1)(h) for “Secretary of State” substitute “Department of Justice”.

(3) In subsection (6) for “Secretary of State” substitute “Department of Justice”.

6

(1) Amend section 47[^f00286] (further provisions about functions of Chief Inspector of Criminal Justice) as follows.

(2) In subsection (1) for “Secretary of State” substitute “Department of Justice”.

(3) After subsection (1) insert—

(1A) The Chief Inspector must consult the Secretary of State if— (a) he proposes to specify an inspection in a programme under subsection (1), and (b) it appears to him that the inspection would cover activities relating to national security.

(4) In subsection (2) before paragraph (a) insert—

(za) the Department of Justice,

(5) In subsections (3), (4), (5) and (7) for “Secretary of State” substitute “Department of Justice”.

7

(1) Amend section 49[^f00287] (reports by Chief Inspector of Criminal Justice) as follows.

(2) For subsections (1) to (4) substitute—

(1) The Chief Inspector must report to the Department of Justice on each inspection and review carried out by the Chief Inspector. (1A) In this section “protected information” means information the inclusion of which in a report under subsection (1) would be against the public interest on the ground of national security. (1B) If it appears to the Secretary of State that— (a) the Chief Inspector is required to prepare a report in compliance with subsection (1), and (b) the report might contain (or once completed might contain) protected information, the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State or, if the report is not completed when the requirement is imposed, to refer the report once it is completed. (1C) The Secretary of State must, within— (a) the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1B), or (b) such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information. (1D) If it appears to the Chief Inspector that a report in compliance with subsection (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under subsection (1B), the Chief Inspector must refer the report to the Secretary of State. (1E) The Secretary of State must, within— (a) the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1D), or (b) such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information. (1F) Where the Secretary of State has required a report to be referred to him under subsection (1B), or the Chief Inspector is required to refer a report to the Secretary of State under subsection (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except— (a) in accordance with subsection (1G), (b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or (c) after the period mentioned in subsection (1C) or (1E) has expired without any notification being given by the Secretary of State. (1G) Where the Secretary of State informs the Chief Inspector under subsection (1C) or (1E) that, in the opinion of the Secretary of State, a report contains protected information— (a) the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information; (b) the Chief Inspector must exclude that information from the report; (c) the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a); (d) the Secretary of State must, either before or as soon as practicable after the report is laid before the Northern Ireland Assembly under subsection (1I), lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a). (1H) When the Chief Inspector sends a report to the Department of Justice under subsection (1) from which information has been excluded under subsection (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State. (1I) Where a report is received by the Department of Justice under subsection (1), the Department must— (a) lay a copy of it before the Northern Ireland Assembly, and (b) arrange for it to be published. (1J) But the Department of Justice may exclude a part of a report from the copy so laid or published if, in the opinion of the Department, the laying or publication of the part— (a) would be against the public interest, or (b) might jeopardise the safety of any person. (1K) If the Department of Justice excludes a part of a report from laying or publication, the Department must lay or publish with the report a statement that it has been excluded. (1L) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00288] applies for the purposes of subsections (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

8

(1) Amend section 50 (Northern Ireland Law Commission) as follows.

(2) In subsections (2), (4)(a), (b) and (c), (5) and (6) for “Secretary of State” substitute “Department of Justice”.

9

(1) Amend section 51 (duties of Northern Ireland Law Commission) as follows.

(2) In subsection (2)—

(a) in paragraphs (b) to (d) for “Secretary of State” (wherever occurring) substitute “Department of Justice”; and

(b) for paragraph (e) substitute—

(e) provide advice and information— (i) to Northern Ireland departments, and (ii) with the consent of the Department of Justice, to departments of the Government of the United Kingdom and other authorities or bodies concerned with proposals for the reform or amendment of any branch of the law of Northern Ireland, and

(3) In subsection (3)—

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

(b) omit paragraphs (a) and (b).

(4) After subsection (3) insert—

(3A) Before approving any programme prepared by the Commission that includes— (a) the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or (b) the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter, the Department of Justice must consult the Secretary of State. (3B) For the purposes of subsection (3A) “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998[^f00289].

10

For section 52 (reports etc. by Northern Ireland Law Commission) substitute—

(52) (1) The Commission must send to the Department of Justice a copy of— (a) each programme prepared by the Commission and approved by the Department of Justice, (b) each set of proposals for reform formulated by the Commission pursuant to such a programme, and (c) each annual report of the Commission. (2) The Department of Justice must lay before the Northern Ireland Assembly a copy of each document received by it under subsection (1). (3) The Commission must send to the Secretary of State a copy of— (a) any programme prepared by the Commission and approved by the Department of Justice which includes— (i) the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or (ii) the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter, (b) any set of proposals for reform formulated by the Commission pursuant to an approved programme which relate (in whole or in part) to a reserved matter or an excepted matter, and (c) any annual report of the Commission which contains anything relevant to a reserved matter or an excepted matter. (4) The Secretary of State must lay before each House of Parliament a copy of each document received by the Secretary of State under subsection (3). (5) After a copy of a document has been— (a) laid before the Assembly in accordance with subsection (2), and (b) if so required by subsection (4), laid before Parliament in accordance with that subsection, the Commission must arrange for the document to be published. (6) In this section “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998. (7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00290] applies for the purposes of subsection (2) in relation to the laying of a copy of a document as it applies in relation to the laying of a statutory document under an enactment.

11

(1) Amend section 56 (custody care orders) as follows.

(2) In the inserted Articles 44A to 44G for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

(3) In the inserted Article 44E(5) for the words from “annulment” to “such rules” substitute “negative resolution”.

12

(1) Amend section 63 (extension of youth justice system to 17 year olds) as follows.

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

13

(1) Amend section 68 (information about discharge and temporary release of prisoners) as follows.

(2) In subsections (1), (2), (4), (5) and (6) for “Secretary of State” substitute “Department of Justice”.

(3) In subsection (8)—

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

(b) in paragraph (a) for “he” substitute “the Department of Justice”;

14

(1) Amend section 69 (views on temporary release) as follows.

(2) In subsection (1) for “Secretary of State” (in both places) substitute “Department of Justice”.

(3) In subsection (3) for “Secretary of State” substitute “Department of Justice”.

15

(1) Amend section 69A[^f00291] (information about discharge and leave of absence of mentally disordered persons) as follows.

(2) In subsections (1), (4) and (6) for “Secretary of State” (in all places) substitute “Department of Justice”.

(3) In subsection (7)—

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

(b) for “him” substitute “it”.

(4) In subsection (11) for “Secretary of State” substitute “Department of Justice”.

16

(1) Amend section 69B[^f00292] (views on leave of absence) as follows.

(2) In subsection (1) for “Secretary of State” (in both places) substitute “Department of Justice”.

(3) In subsection (3)—

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

(b) for “he should give his” substitute “the Department should give its”.

17

In section 70(1)(a) (victims of crime: supplementary) omit “of the Secretary of State”.

18

(1) Amend section 71 (community safety strategy) as follows.

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

(3) In subsection (5)—

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

(b) for “him” substitute “the Department”;

19

(1) Amend section 72 (local community safety partnerships) as follows.

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

(3) In subsection (4)—

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

(b) in paragraph (f)—

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

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

(4) In subsections (6), (7), (8), (9) and (10) for “Secretary of State” substitute “Department of Justice”.

20

(1) Amend section 85 (youth justice: minor and consequential amendments) as follows.

(2) In subsection (2)—

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

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

21

(1) Amend section 87 (commencement) as follows.

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

22

(1) Amend section 89 (transitionals and savings) as follows.

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

23

In section 90[^f00293] (statutory rules) (as amended by the Northern Ireland Act 2009[^f00294] and the Department of Justice Act (Northern Ireland) 2010[^f00295])—

(a) for subsection (1A) substitute—

(1A) No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b), 9(4), 19(4)(b), 46(6)(a) or (b) or 72(1), (3), (7) or (8) shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (1B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00296] applies for the purposes of subsection (1A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(b) in subsection (4) for the words from “section” to “78” substitute “section 78”;

(i) in paragraph (a) omit “28(2),”;

(ii) for the words from “each House of Parliament” to “accordingly” substitute “the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00297])”;

(d) after subsection (5) insert—

(6) An order under section 28(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946[^f00298] applies accordingly.

24

(1) Amend Schedule 8 (Chief Inspector of Criminal Justice) as follows.

(2) In paragraph 1(3) and (4) (resignation and dismissal of Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

(3) In paragraph 2 (salary etc. of Chief Inspector)—

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

(b) after sub-paragraph (1) insert—

(1A) If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972[^f00299] becomes the Chief Inspector, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment.

; and

(4) In paragraph 3 (staff)—

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

(b) after sub-paragraph (2) insert—

(2A) Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert— Employment by the Chief Inspector of Criminal Justice in Northern Ireland (2B) The Chief Inspector must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

; and

(5) In paragraph 4 (annual report)—

(a) after sub-paragraph (1) insert—

(1A) The Chief Inspector must send a copy of each annual report to the Department of Justice. (1B) In this paragraph “protected information” means information the inclusion of which in a report under sub-paragraph (1) would be against the public interest on the ground of national security. (1C) If it appears to the Secretary of State that a report in compliance with sub-paragraph (1) may contain protected information (or once completed may contain protected information), the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed). (1D) If it appears to the Chief Inspector that a report in compliance with sub-paragraph (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under sub-paragraph (1C), the Chief Inspector must refer the report to the Secretary of State. (1E) The Secretary of State must, within the period of 30 days after the date of a referral under sub-paragraph (1C) or (1D), or within such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the Secretary of State’s opinion, the report contains any protected information. (1F) Where the Secretary of State has required that a report be referred to the Secretary of State under sub-paragraph (1C) or the Chief Inspector is required to refer a report to the Secretary of State under sub-paragraph (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except— (a) in accordance with sub-paragraph (1G), or (b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or (c) after the period mentioned in sub-paragraph (1E) has expired without any notification being given by the Secretary of State. (1G) Where the Secretary of State informs the Chief Inspector under sub-paragraph (1E) that, in the Secretary of State’s opinion, a report contains protected information— (a) the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information; (b) the Chief Inspector must exclude that information from the report; (c) the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a); (d) the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a). (1H) When the Chief Inspector sends a report to the Department of Justice under sub-paragraph (1A) from which information has been excluded under sub-paragraph (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State. (1I) Where a report is received by the Department of Justice under sub-paragraph (1A), it must— (a) lay a copy of it before the Northern Ireland Assembly, and (b) arrange for it to be published. (1J) But the Department of Justice may exclude a part of a report from the copy so laid or published if, in its opinion, the laying or publication of the part— (a) would be against the public interest, or (b) might jeopardise the safety of any person. (1K) If the Department of Justice excludes a part of a report from laying or publication, it must lay or publish with the report a statement that it has been excluded. (1L) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00301] applies for the purposes of sub-paragraphs (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

; and

(b) omit sub-paragraphs (2) to (4).

(6) In paragraph 5 (power of Secretary of State to make grants to Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

(7) In paragraph 6 (financial provisions: accounts and statements)—

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

(b) in sub-paragraph (3)(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

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

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

(d) after sub-paragraph (4) insert—

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

(8) In paragraph 7(3) (delegation of functions) for “Secretary of State” substitute “Department of Justice”.

(9) In paragraph 8(3) (inspections of PSNI)—

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

(b) for “his” substitute “the Department’s”.

25

(1) Amend Schedule 9 (Northern Ireland Law Commission) as follows.

(2) In paragraph 1(3) and (4) (resignation and dismissal of Commissioners) for “Secretary of State” substitute “Department of Justice”.

(3) In paragraph 3 (salary etc. of Commissioners not holding full-time judicial office)—

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

(b) after sub-paragraph (1) insert—

(1A) If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972[^f00302] becomes a Commissioner, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment. (1B) The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (1A).

; and

(4) In paragraph 4 (staff)—

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

(b) after sub-paragraph (2) insert—

(2A) Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert— Employment by the Northern Ireland Law Commission. (2B) The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

(5) In paragraph 5 (power of Secretary of State to make grants to Commission) for “Secretary of State” substitute “Department of Justice”.

(6) In paragraph 6 (financial provisions: accounts and statements)—

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

(b) in sub-paragraph (3)(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

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

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

(d) after sub-paragraph (4) insert—

(4A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00304] 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.

26

(1) Paragraphs 24(3)(c) and (4)(c) and 25(3)(c) and (4)(c) above do not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Chief Inspector or the Commission, or the person’s service as the Chief Inspector or a Commissioner, before the coming into force of this Order.

(2) The Chief Inspector and the Commission must, accordingly, continue to make payments to the Minister for the Civil Service under the following provisions despite their repeal by the provisions mentioned in sub-paragraph (1) above—

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