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

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);

• (c) omit sub-paragraph (2)(b);

• (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”;

• (c) in sub-paragraph (3) for “held” substitute “granted by 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];

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

• (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”;

• (c) in paragraph (b) 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”;

• (c) for “he” 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”;

• (c) in subsection (5)—

• (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

• (c) omit sub-paragraph (2).

• (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

• (c) omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972[^f00300] has effect accordingly).

• (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”;

• (c) in sub-paragraph (4)—

• (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

• (c) omit sub-paragraphs (2) and (3).

• (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).

• (c) omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972[^f00303] has effect accordingly).

• (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”;

• (c) in sub-paragraph (4)—

• (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—

• (a) paragraph 3(4) of Schedule 8 to the Justice (Northern Ireland) Act 2002[^f00305];

• (b) paragraphs 3(3) and 4(4) of Schedule 9 to that Act.

• (3) Sub-paragraph (5) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of a provision mentioned in sub-paragraph (4) below, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.

• (4) The provisions are—

• (a) paragraph 2(2) or 3(3) of Schedule 8 to the Justice (Northern Ireland) Act 2002;

• (b) paragraph 3(2) or 4(3) of Schedule 9 to that Act.

• (5) In relation to the person’s employment by the Chief Inspector or the Commission, or (as the case may be) service as the Chief Inspector or a Commissioner, after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972[^f00306]; and the person’s terms and conditions of service have effect accordingly.

• (6) The expenditure covered by—

• (a) paragraph 3(2B) of Schedule 8 to the Justice (Northern Ireland) Act 2002 (as inserted by paragraph 24(4)(b) above), and

• (b) paragraphs 3(1B) and 4(2B) of Schedule 9 to that Act (as inserted by paragraph 25(3)(b) and (4)(b) above),

includes, in particular, expenditure attributable to sub-paragraph (5) above.

27

Neither paragraph 24(7) nor paragraph 25(6) above applies in relation to a financial year ending before the coming into force of this Order.

SCHEDULE 14 — Criminal Justice

Coroners Act (Northern Ireland) 1959

1

• (1) Amend section 14 of the Coroners Act (Northern Ireland) 1959[^f00307] (inquest on order of Attorney General) as follows.

• (2) Make the existing text subsection (1).

• (3) After subsection (1) insert—

(2) Subsection (3) applies in relation to the death of a person if the Secretary of State certifies that there is information relevant to the question of whether a direction should be given under this section in relation to the death which is or includes information the disclosure of which may be against the interests of national security. (3) The functions of the Attorney General under this section are to be exercised by the Advocate General for Northern Ireland instead.

• (4) Sub-paragraphs (5) to (7) below apply if—

• (a) before the coming into force of this Order, the Attorney General for Northern Ireland began to consider whether to give a direction under section 14 in relation to the death of a person, but

• (b) immediately before the coming into force of this Order, the Attorney had neither given a direction nor decided not to give a direction.

• (5) The Advocate General for Northern Ireland must take a view as to whether there is information relevant to the question of whether a direction should be given which is or includes information the disclosure of which may be against the interests of national security.

• (6) If the Advocate General takes the view that there is such information, the Advocate General must deal with the case as if section 14(3) (as inserted by sub-paragraph (3) above) applied.

• (7) Otherwise, the Advocate General must refer the case to the Attorney General for Northern Ireland to be dealt with by the Attorney accordingly.

Costs in Criminal Cases Act (Northern Ireland) 1968

2

Amend the Costs in Criminal Cases Act (Northern Ireland) 1968[^f00308] as follows.

3

• (1) Amend section 1[^f00309] (expenses of prosecution) as follows.

• (2) For subsection (1) substitute—

(1) Where any criminal proceedings are instituted by or on behalf of, or taken over by, the Director of Public Prosecutions, the costs of the prosecution of such proceedings (including any costs incurred in connection with any matter preliminary or incidental to, and with any appeal from, those proceedings) shall, in accordance with arrangements approved by the Department of Finance and Personnel, be defrayed in the first instance by the Director.

• (3) In subsection (3) for “Ministry of Finance” substitute “Department of Finance and Personnel”.

4

• (1) Amend section 2 (costs of prosecution in cases of conviction) as follows.

• (2) For subsection (1)(a) substitute—

(a) in the case of proceedings to which section 1(1) applies, to the Director of Public Prosecutions; and

5

• (1) Amend section 3 (costs of defence in cases of acquittal, dismissal or discharge) as follows.

• (2) For subsection (1)(i) substitute—

(i) in the case of proceedings to which section 1(1) applies, order the Director of Public Prosecutions; and

• (3) In subsection (5) for “Ministry” substitute “Director of Public Prosecutions”.

6

• (1) Amend section 4[^f00310] (costs awarded by Court of Appeal) as follows.

• (2) In subsection (1)(a)—

• (a) for “to the Secretary of State” substitute “to the Director of Public Prosecutions or any other person the Court thinks appropriate”;

• (b) for “by the Secretary of State” substitute “by the Director of Public Prosecutions”.

• (3) In subsection (2) for “Ministry” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.

• (4) In subsection (2A) for “Secretary of State” substitute “Director of Public Prosecutions or any other person the Court thinks appropriate”.

• (5) In subsection (4) for the words from “subject,” to the end substitute “subject to section 25 of the Crown Proceedings Act 1947 where that section is applicable”.

7

In section 5A[^f00311] (fees of required interpreter) for “Ministry” substitute “Department of Justice”.

8

In section 6(b)[^f00312] (effect of costs of legal aid) for “Ministry” substitute “Director of Public Prosecutions”.

9

In section 8 (saving) for “Ministry” substitute “Director of Public Prosecutions”.

10

Omit section 9[^f00313] (financial provisions).

11

• (1) Amend section 10[^f00314] (interpretation) as follows.

• (2) In subsection (1), in the definition of “private prosecutor”, for “the Attorney General” substitute “the Director of Public Prosecutions, the Attorney General or the Advocate General”.

• (3) Omit subsection (1A).

• (4) In subsection (2) for the words from “the Ministry” to “as the case may be,” substitute “any person”.

Administration of Justice Act 1973

12

• (1) Amend the Administration of Justice Act 1973[^f00315] as follows.

• (2) In section 18(2) (payment of interpreters in criminal cases: Northern Ireland) for “Secretary of State” substitute “Department of Justice”.

Criminal Appeal (Northern Ireland) Act 1980

13

Amend the Criminal Appeal (Northern Ireland) Act 1980[^f00316] as follows.

14

In section 15(3) (reference of point of law) for “out of money provided by Parliament” substitute “by the Department of Justice”.

15

• (1) Amend section 21 (court transcripts) as follows.

• (2) In subsection (1)(b) for “Treasury” substitute “Department of Finance and Personnel”.

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

• (4) In subsection (2) for “he” and “him” substitute “it”.

• (5) In subsection (3)—

• (a) for “Treasury” substitute “Department of Finance and Personnel”;

• (b) for “out of money provided by Parliament” substitute “by the Department of Justice”; and

• (c) for “out of money so provided” substitute “by the Department of Justice”.

16

• (1) Amend section 28 (costs) as follows.

• (2) In subsection (2) for “Secretary of State” substitute “Director of Public Prosecutions”.

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

17

In section 34(3) (further reference on point of law) for “out of money provided by Parliament” substitute “by the Department of Justice”.

Probation Board (Northern Ireland) Order 1982

18

Amend the Probation Board (Northern Ireland) Order 1982[^f00317] as follows.

19

In Article 2(2) (interpretation), in the definition of “prescribed”, for “Secretary of State” substitute “Department of Justice”.

20

In Article 4(1)(c) and (2) (functions of the Probation Board) for “Secretary of State” substitute “Department of Justice”.

21

In Article 6 (directions to Probation Board), and the heading to that Article, for “Secretary of State” substitute “Department of Justice”.

22

• (1) Amend Article 7 (financial control of the Probation Board) as follows.

• (2) In paragraph (1)—

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

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

• (c) for “Treasury” substitute “Department of Finance and Personnel”.

• (3) In paragraph (2) for “Secretary of State” substitute “Department of Justice”.

23

In Articles 8(1) and (3), 10(2), 11(1)(a), (2), (3) and (4) and 12 for “Secretary of State” substitute “Department of Justice”.

24

• (1) Amend Article 15 (rules and regulations) as follows.

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

• (3) For paragraph (2) substitute—

(2) Rules and regulations made by the Department of Justice under this Order are subject to negative resolution.

25

• (1) Amend Schedule 1 (the Probation Board for Northern Ireland) as follows.

• (2) In paragraph 3 for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

• (3) After paragraph 3(7) insert—

(8) In this paragraph “the Minister of Justice” means the Minister in charge of the Department of Justice.

• (4) In paragraph 4 for “Secretary of State, with the approval of the Treasury” substitute “Department of Justice, with the approval of the Department of Finance and Personnel”.

• (5) In paragraph 5—

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

• (b) for “Treasury” (wherever occurring) substitute “Department of Finance and Personnel”.

• (6) In paragraph 9 for “Secretary of State” substitute “Department of Justice”.

• (7) In paragraph 12 for “Secretary of State” (wherever occurring) substitute “Department of Justice”.

• (8) In paragraph 13—

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

• (b) for “Treasury” (wherever occurring) substitute “Department of Finance and Personnel”.

• (9) In paragraph 14 for “Secretary of State” substitute “Department of Justice”.

26

After paragraph 1(2) of Schedule 2 (transfer of property and staff) insert—

(3) Regulations made by the Secretary of State under sub-paragraph (2) 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[^f00318] shall apply accordingly.

27

• (1) Amend Schedule 3 (reports and accounts, etc.) as follows.

• (2) In paragraph 1—

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

• (b) in sub-paragraph (1) for “he” substitute “the Department of Justice”.

• (3) In paragraph 2—

• (a) in sub-paragraphs (1) and (2) for “Secretary of State” (wherever occurring) substitute “Department of Justice”;

• (b) in sub-paragraph (1)(b) for “Treasury” substitute “Department of Finance and Personnel”;

• (c) in sub-paragraph (1)(b) for “he” substitute “the Department of Justice”.

• (4) In paragraph 2(2) and (3) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”.

• (5) In paragraph 2(3) for “each House of Parliament” substitute “the Assembly”.

• (6) In paragraph 2(4) omit “; and “Comptroller and Auditor General” has the meaning assigned to it by Schedule 1 to the Interpretation Act 1978[^f00319]”.

• (7) Sub-paragraphs (3) to (6) above do not apply in relation to an accounting period ending before the coming into force of this Order.

Mental Health Act 1983

28

• (1) Amend the Mental Health Act 1983[^f00320] as follows.

• (2) In section 82(7) (responsible authority for the purposes of moving patients from Northern Ireland to England and Wales) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

• (3) In section 82A (transfer of responsibility for conditionally discharged patients)—

• (a) in subsection (1) for “the relevant Minister” and “that Minister” substitute “the Department of Justice in Northern Ireland”;

• (b) omit subsection (4).

• (4) In section 86(4) (removal of alien patients) after “that Order” insert “and any reference in subsection (2) or (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland”.

• (5) At the end of section 139(4) (exclusion from protection for acts done in pursuance of Act) insert “or against the Department of Justice in Northern Ireland”.

Criminal Justice Act 1988

29

Amend the Criminal Justice Act 1988[^f00321] as follows.

30

• (1) Amend section 35 (reviews of sentencing: scope of Part 4) as follows.

• (2) After subsection (9) insert—

(9A) Any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.

• (3) In subsection (10), in the text substituted for subsection (5), for the words from “such statutory rule” to “accordingly” substitute “such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00322])”.

31

• (1) Amend section 141 (offensive weapons) as follows.

• (2) In subsection (13) for “the reference in subsection (2) above” substitute “in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference”.

• (3) After subsection (13) insert—

(14) In the application of this section to Northern Ireland, the power under subsection (11D) above to provide by order— (a) for exceptions and exemptions from the offence under subsection (1) above; and (b) for it to be a defence in proceedings for such an offence to show the matters specified or described in the order, is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State). (15) Any power of the Department of Justice in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00323] (and not by statutory instrument). (16) No order shall 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. (17) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00324] applies for the purposes of subsection (16) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Criminal Procedure (Scotland) Act 1995

32

• (1) Amend the Criminal Procedure (Scotland) Act 1995[^f00325] as follows.

• (2) In section 303 (fixed penalty: enforcement)—

• (a) in subsection (4) omit “or Northern Ireland” and “or, as the case may be, Northern Ireland”; and

• (b) after subsection (4) insert—

(5) The Department of Justice in Northern Ireland may by order make such provision as it considers necessary for the enforcement in Northern Ireland of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in Northern Ireland. (6) The power of the Department of Justice to make an order under subsection (5) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (7) An order made by the Department of Justice under subsection (5) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

• (3) In section 309(4) for “303(4)” substitute “303(4) to (7)”.

• (4) In section 309(5) for “303(4)” substitute “303(4) to (7)”.

Children’s Evidence (Northern Ireland) Order 1995

33

In paragraph 3(2) of Schedule 1 to the Children’s Evidence (Northern Ireland) Order 1995[^f00326] (notice of transfer: regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Criminal Procedure and Investigations Act 1996

34

• (1) Amend Schedule 4 to the Criminal Procedure and Investigations Act 1996[^f00327] (modifications for Northern Ireland) as follows.

• (2) After paragraph 4 insert—

(4A) After section 2(5) insert— (5A) References to the appropriate authority— (a) in relation to cases where a certificate has been issued under section 1 of the Justice and Security (Northern Ireland) Act 2007[^f00328], are references to the Secretary of State; (b) in relation to all other cases, are references to the Department of Justice.

• (3) After paragraph 5 insert—

(5A) In section 6A(4) for “Secretary of State” substitute “appropriate authority”. (5B) In section 12(2) and (4) for “Secretary of State” substitute “appropriate authority”.

• (4) After paragraph 14 insert—

(14A) In section 21A— (a) in subsections (1) and (4) to (6) for “Secretary of State” substitute “appropriate authority”; (b) in subsection (4)(c) for “he” substitute “the appropriate authority”; (c) in subsection (7) after “made” insert “by the Secretary of State”; (d) in subsection (8) after “An order” insert “made by the Secretary of State”; (e) after subsection (8) insert— (8A) An order bringing the code into operation may not be made by the Department of Justice unless a draft of the order has been laid before and approved by a resolution of the Northern Ireland Assembly. (8B) An order made by the Department of Justice bringing a revised code into operation shall be laid before the Northern Ireland Assembly if the order has been made without a draft having been so laid and approved by a resolution of that Assembly. (f) in subsection (9) for “or (8)” substitute “, (8), (8A) or (8B)”; (g) after subsection (13) insert— (14) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00329] applies for the purposes of this section in relation to the laying of an order, a draft of an order or a code as it applies in relation to the laying of a statutory document under an enactment.

• (5) After paragraph 14A insert—

(14B) In section 23— (a) in subsection (1) for “Secretary of State” substitute “Department of Justice”; (b) after subsection (8) insert— (9) For purposes connected with national security or any matter within paragraph 9(1)(a) or (b) of Schedule 3 to the Northern Ireland Act 1998[^f00330], the Secretary of State may prepare a code of practice containing any provision that may be included in a code prepared by the Department of Justice under this section. (10) Any code prepared by the Department of Justice has effect subject to any code prepared by the Secretary of State. (14C) In section 25— (a) in subsection (1)— (i) for “Secretary of State” substitute “Department of Justice”; (ii) for “he” (wherever occurring) substitute “the Department”; (iii) for “him” substitute “it”; (b) in subsection (2)— (i) for “Secretary of State” substitute “Department of Justice”; (ii) for “he” (wherever occurring) substitute “the Department”; (iii) for “each House of Parliament” substitute “the Northern Ireland Assembly”; (c) after subsection (2) insert— (2A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a code as it applies in relation to the laying of a statutory document under an enactment. (d) in subsection (4) for “Secretary of State” substitute “Department of Justice”; (e) after subsection (4) insert— (5) Subsections (1) to (4) above apply in relation to a code prepared by the Secretary of State under section 23(9) as they apply in relation to a code prepared by the Department of Justice and for this purpose— (a) references to the Department of Justice are to be read as references to the Secretary of State; (b) in subsection (2) the reference to the Northern Ireland Assembly is to be read as a reference to Parliament.

• (6) After paragraph 33 insert—

(33A) After section 77 insert— (77A) (1) This section concerns the powers of the Department of Justice to make orders or regulations under this Act. (2) Any power to make an order or regulations may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case. (3) Any order or regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Department of Justice to be necessary or expedient. (4) Any power to make an order or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00331]. (5) No regulations shall be made under section 6A unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (6) Regulations (other than regulations under section 6A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00332]). (7) No order shall be made under section 25 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (8) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00333] applies for the purposes of subsections (5) and (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Knives Act 1997

35

• (1) Amend section 11 of the Knives Act 1997[^f00334] (short title, commencement and extent etc.) as follows.

• (2) After subsection (7) insert—

(8) In its application to Northern Ireland, this Act has effect with the following modifications— (a) any reference in section 3 or 7 to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland; (b) any power of the Department of Justice to make regulations under section 3 or 7 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument); and (c) regulations made by the Department of Justice under section 3 or 7 shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Police Act 1997

36

Amend the Police Act 1997[^f00335] as follows.

37

• (1) Amend section 119B (independent monitor) as follows.

• (2) After subsection (4) insert—