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

(4A) Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.

38

After section 126 insert—

(126A) (1) This Part applies to Northern Ireland subject to the following modifications. (2) Any reference to the Secretary of State, except in— (a) section 118(2A)(d), (b) section 119(1), (3), (5) and (8), (c) section 119B(2), (4) and (4A), and (d) section 122A as it applies to a function of the Secretary of State under section 119 or 119B(2), (4) or (4A), shall be construed as a reference to the Department of Justice in Northern Ireland. (3) Section 119 has effect subject to the following modifications— (a) in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland; (b) in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland; (c) subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland. (4) The following provisions shall not have effect— (a) section 113A(8); (b) in section 113BC— (i) in subsection (1) the words “made by statutory instrument”; (ii) subsection (2); (c) in section 120A— (i) in subsection (7) the words “made by statutory instrument”; (ii) subsection (8); (d) section 125(2), (4) and (6). (5) In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly. (6) In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly. (7) Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00336]. (8) No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (9) Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00337]). (10) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00338] applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.

Criminal Justice (Children) (Northern Ireland) Order 1998

39

Amend the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00339] as follows.

40

• (1) Amend Article 45 (punishment of certain grave crimes) as follows.

• (2) For “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

• (3) After paragraph (7) insert—

(8) In this Article and Article 46 “the Minister of Justice” means the Minister in charge of the Department of Justice.

41

In Article 46 (discharge on licence) for “Secretary of State” (wherever occurring) substitute “Minister of Justice”.

Youth Justice and Criminal Evidence Act 1999

42

Amend the Youth Justice and Criminal Evidence Act 1999[^f00340] as follows.

43

In section 44 (restrictions on reporting alleged offences involving persons under 18) after subsection (5) insert—

(5A) In the application of this section to Northern Ireland, the reference in subsection (5) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

44

In section 64 (regulations and orders) after subsection (4) insert—

(5) Any power of the Department of Justice in Northern Ireland to make an order under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (6) No order shall be made by the Department of Justice under section 44(5) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (3) above shall not apply to the making of any order by the Department of Justice). (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. (8) Any order made by the Department of Justice under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Department of Justice thinks fit.

45

In section 68 (short title, commencement and extent) after subsection (3) insert—

(3A) In relation to the coming into force of any provision of this Act for the purposes of the law of Northern Ireland, the reference in subsection (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

Criminal Justice and Police Act 2001

46

• (1) Amend the Criminal Justice and Police Act 2001[^f00341] as follows.

• (2) In section 52(5) (regulations about notice of exercise of powers of seizure) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

• (3) In section 69 (powers of seizure designated by order) after subsection (2) insert—

(2A) Where the power designated by the order made under subsection (1) is a power conferred in relation to Northern Ireland, the Secretary of State shall consult the Department of Justice in Northern Ireland before making the order.

Proceeds of Crime Act 2002

47

Amend the Proceeds of Crime Act 2002[^f00342] as follows.

48

In section 174 (confiscation: inadequacy of available amount: discharge of order)—

• (a) in subsection (4)(b) for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

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

49

In section 175(3) (confiscation: small amount outstanding: discharge of order) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

50

In section 215(7) (seized money) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

51

In section 223 (criminal lifestyle)—

• (a) in subsection (7) for “Secretary of State” substitute “Department of Justice in Northern Ireland”;

• (b) in subsection (8) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

52

In section 237(2) (procedure on appeal to Court of Appeal) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

53

• (1) Amend section 238 (procedure on appeal to Supreme Court) as follows.

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

• (3) After subsection (1) insert—

(2) The power under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not the Secretary of State) so far as it 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[^f00343]).

54

In section 275(3) (recovery orders: pension schemes: supplementary) after “Scottish Ministers” insert “or, in relation to Northern Ireland, regulations made by the Department of Justice”.

55

In section 282(1) (recovery orders: other exemptions) after “Scottish Ministers” insert “or, in relation to Northern Ireland, prescribed by an order made by the Department of Justice”.

56

In section 287(2) (recovery orders: financial threshold) after “Scottish Ministers” insert “or, in relation to Northern Ireland, exercisable by the Department of Justice”.

57

In section 289(7) (recovery of cash in summary proceedings: searches) after “Scottish Ministers” insert “or, in relation to Northern Ireland, is specified by the Department of Justice by an order”.

58

In section 290(8) (recovery of cash in summary proceedings: appointed person)—

• (a) in paragraph (a) omit “and Northern Ireland”; and

• (b) after paragraph (b) insert—

(c) in relation to Northern Ireland, a person appointed by the Department of Justice.

59

• (1) Amend section 291 (recovery of cash in summary proceedings: report on exercise of powers) as follows.

• (2) In subsection (4) after “Scottish Ministers” insert “or the Department of Justice”.

• (3) In subsection (5) after “Scottish Parliament” insert “; and the Department of Justice must lay a copy of any report it receives under this section before the Northern Ireland Assembly”.

• (4) After subsection (5) insert—

(6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00344] applies for the purposes of subsection (5) 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.

60

• (1) Amend section 292 (recovery of cash in summary proceedings: code of practice) as follows.

• (2) In subsection (1) omit “and Northern Ireland”.

• (3) In subsection (2)(b) after “Scottish Ministers” insert “, the Department of Justice”.

61

After section 293 insert—

(293A) (1) The Department of Justice must make a code of practice in connection with the exercise by constables and accredited financial investigators, in relation to Northern Ireland, of the powers conferred by virtue of section 289. (2) Where the Department of Justice proposes to issue a code of practice it must— (a) publish a draft, (b) consider any representations made to the Department of Justice about the draft, (c) if the Department of Justice thinks it appropriate, modify the draft in the light of any such representations. (3) The Department of Justice must lay a draft of the code before the Northern Ireland Assembly. (4) When the Department of Justice has laid a draft of the code before the Northern Ireland Assembly, the Department of Justice may bring it into operation by order. (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (3) and (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (6) The Department of Justice may revise the whole or any part of the code issued by it and issue the code as revised; and subsections (2) to (5) apply to such a revised code as they apply to the original code. (7) A failure by a constable or accredited financial investigator to comply with a provision of the code does not of itself make him liable to criminal or civil proceedings. (8) The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

62

• (1) Amend section 302 (compensation) as follows.

• (2) After subsection (8)—

(9) The power in subsection (7B) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it 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).

63

In section 303(1) (definition of “the minimum amount”) after “Scottish Ministers” insert “and the Department of Justice”.

64

In section 309(4) (exemptions) after “Scottish Ministers” insert “and the Department of Justice”.

65

In section 316(1) (interpretation of Part 5) after the definition of “dealing” insert—

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

66

• (1) Amend section 355 (further provisions: confiscation and money laundering) as follows.

• (2) In subsection (2)—

• (a) after “applies” insert “, in relation to England and Wales,”;

• (b) for “subsections (3) and (4) apply” substitute “subsection (3) applies”.

• (3) After subsection (3) insert—

(3A) In relation to such warrants and powers, the Department of Justice in Northern Ireland may make an order which applies, in relation to Northern Ireland, the provisions to which subsection (4) applies subject to any specified modifications.

67

• (1) Amend section 377 (code of practice) as follows.

• (2) In subsection (1) at the beginning of each of paragraphs (c) and (d) insert “in relation to England and Wales,”.

• (3) Omit subsection (9).

68

After section 377 insert—

(377ZA) (1) The Department of Justice in Northern Ireland must prepare a code of practice as to the exercise, in relation to Northern Ireland, by constables and accredited financial investigators of functions they have under this Chapter. (2) After preparing a draft of the code the Department of Justice— (a) must publish the draft; (b) must consider any representations made to the Department of Justice about the draft; (c) may amend the draft accordingly. (3) After the Department of Justice has proceeded under subsection (2) it must lay the code before the Northern Ireland Assembly. (4) When the Department of Justice has done so it may bring the code into operation on such day as the Department of Justice may appoint by order. (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a code as it applies in relation to the laying of a statutory document under an enactment. (6) A constable or accredited financial investigator must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter. (7) If a constable or accredited financial investigator fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings. (8) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings. (9) The Department of Justice may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared. (377ZB) The following provisions do not apply to an appropriate officer or the relevant authority in the exercise of any function either has under this Chapter— (a) section 67(9) of the Police and Criminal Evidence Act 1984[^f00345] (application of codes of practice under that Act to persons other than police officers); (b) Article 66(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989[^f00346] (which makes similar provision for Northern Ireland).

69

In section 436 (disclosure of information to Directors) after subsection (7) insert—

(7A) In relation to persons exercising functions in Northern Ireland, any reference in subsection (6) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.

70

In section 444(4) (external requests and orders) after paragraph (c) insert—

(ca) the Department of Justice in Northern Ireland;

71

In section 445(2)(b) (external investigations) after “Scottish Ministers,” insert “the Department of Justice in Northern Ireland,”.

72

In section 452 (Crown servants) after subsection (2) insert—

(3) In relation to Northern Ireland, the power to make regulations under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) in relation to persons in the public service of the Crown in right of Her Majesty’s Government in Northern Ireland.

73

In section 458 (commencement)—

• (a) in subsection (1) after “(3)” insert “or (4)”;

• (b) in subsection (2) after “made” insert “by the Secretary of State”;

• (c) after subsection (3) insert—

(4) Any provision of this Act which provides for the repeal of any provision of the Proceeds of Crime (Northern Ireland) Order 1996[^f00347] comes into force in accordance with provision made by the Department of Justice in Northern Ireland by order.

74

• (1) Amend section 459 (orders and regulations) as follows.

• (2) In subsection (3) for the words from “other than” to “which is” substitute

other than— (a) the power of the Advocate General for Northern Ireland to make an order under section 377A(5), and (b) any power of the Department of Justice in Northern Ireland to make subordinate legislation, which are

• (3) In subsections (4)(a) and (6)(a) omit “223(7) or (8),”.

• (4) After subsection (7) insert—

(7A) Subordinate legislation made by the Department of Justice in Northern Ireland is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00348]) other than an order under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4), 436(6) or 458. (7B) No order shall be made by the Department of Justice under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4) or 436(6) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (7C) The Department of Justice must lay before the Northern Ireland Assembly a copy of every statutory instrument containing an Order in Council under section 444 or 445. (7D) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00349] applies for the purposes of subsections (7B) and (7C) in relation to the laying of a draft or copy as it applies in relation to the laying of a statutory document under an enactment.

75

In section 460(3)(b) (sums received by the DPPNI) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

Crime (International Co-operation) Act 2003

76

• (1) Amend the Crime (International Co-operation) Act 2003[^f00350] as follows.

• (2) In section 29 (hearing witnesses abroad through television links)—

• (a) in subsection (1) omit “or Article 80A(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12))”;

• (b) after subsection (2) insert—

(3) The Department of Justice in Northern Ireland may by order provide for Article 80A(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989[^f00351] (proceedings in which evidence may be given through television link) to apply to any further description of criminal proceedings, or to all criminal proceedings.

• (3) In section 50 (subordinate legislation)—

• (a) after subsection (1) insert—

(1A) Any power to make an order conferred by this Part on the Department of Justice in Northern Ireland is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00352].

• (b) in subsection (2) for “Such an order” substitute “An order made under this Part by the Secretary of State, the Treasury, the Scottish Ministers or the Department of Justice”;

• (c) after subsection (5) insert—

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

Sexual Offences Act 2003

77

• (1) Amend the Sexual Offences Act 2003[^f00353] as follows.

• (2) In section 136 (modifications of Part 2 for Northern Ireland) after subsection (10) insert—

(11) References to the Secretary of State, except in sections 94 and 95, are to be read as references to the Department of Justice in Northern Ireland.

• (3) In section 138 (orders and regulations) after subsection (4) insert—

(5) Any power of the Department of Justice in Northern Ireland to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00354]. (6) An order or regulations under any of sections 83 to 86 or section 130 may not be made by the Department of Justice unless a draft of the order or regulations 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[^f00355] 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. (8) Any other order or regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00356]). (9) Orders or regulations made by the Department of Justice may— (a) make different provision for different purposes; (b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.

Criminal Justice Act 2003

78

• (1) Amend the Criminal Justice Act 2003[^f00357] as follows.

• (2) In section 50(10) (application of Part 7 to Northern Ireland), after “47(8)” insert

— (a) for “Secretary of State” substitute “Department of Justice in Northern Ireland”; and (b)

• (3) In section 97 (application of Criminal Appeal Acts to proceedings under Part 10)—

• (a) omit the words “or the Criminal Appeal (Northern Ireland) Act 1980 (c.47)”;

• (b) the remaining words become subsection (1);

• (c) in subsection (1) after “to proceedings” insert “in England and Wales”;

• (d) after subsection (1) insert—

(2) Subject to the provisions of this Part, the Department of Justice in Northern Ireland may make an order containing provision, in relation to proceedings in Northern Ireland before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal (Northern Ireland) Act 1980[^f00358] (subject to any specified modifications).

• (4) After section 330 insert—

(330A) (1) 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[^f00359]. (2) The Department of Justice shall not make any order— (a) making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or (b) under section 336(3) bringing section 43 into force, unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00360] applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (4) Any other order made by the Department of Justice under section 333, or an order made by the Department of Justice under section 47(8) or 97(2), is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00361]). (5) 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 purposes or different areas, and (b) may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes. (6) The power includes power to make— (a) any supplementary, incidental or consequential provision, and (b) any transitory, transitional or saving provision, which the Department of Justice considers necessary or expedient.

• (5) In section 333 (supplementary and consequential provision, etc.)—

• (a) after subsection (1) insert—

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

• (b) in subsection (3) after “330(4)(b)” insert “or 330A(6)(b)”.

• (6) In section 336 (commencement) after subsection (4) insert—

(5) For the purposes of the law of Northern Ireland, the power in subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).

Commissioner for Children and Young People (Northern Ireland) Order 2003

79

• (1) Amend the Commissioner for Children and Young People (Northern Ireland) Order 2003[^f00362] as follows.

• (2) In paragraph 13 of Schedule 1 (relevant authorities) for “Secretary of State” substitute “Department of Justice”.

Justice (Northern Ireland) Act 2004

80

Amend the Justice (Northern Ireland) Act 2004[^f00363] as follows.

81

• (1) Amend section 8 (guidance on human rights standards) as follows.

• (2) In subsection (3)(b) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

• (3) After subsection (3) insert—

(3A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3)(b) in relation to the laying of any guidance as it applies in relation to the laying of a statutory document under an enactment.

• (4) In subsection (4)—

• (a) for “Northern Ireland Office” (in both places) substitute “Department of Justice”;

• (b) in paragraph (e)—

• (i) omit “functions exercised by”;

• (ii) before sub-paragraph (i) insert—

(ai) the Department’s functions mentioned in section 69(1) of the Judicature (Northern Ireland) Act 1978[^f00364],

• (iii) at the beginning of each of sub-paragraphs (i) to (v) insert “functions exercised by”.

82

• (1) Amend section 21 (statutory rules) as follows.

• (2) In subsection (2) for “each House of Parliament” substitute “the Northern Ireland Assembly”.

• (3) 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 draft as it applies in relation to the laying of a statutory document under an enactment.

• (4) In subsection (3) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.

Gender Recognition Act 2004

83

• (1) Amend section 22 of the Gender Recognition Act 2004[^f00365] (prohibition on disclosure of information) as follows.

• (2) After subsection (6) insert—

(6A) The power conferred by subsection (5) is exercisable by the Department of Justice in Northern Ireland (rather than the Secretary of State) where the provision to be made 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[^f00366]).

Domestic Violence, Crime and Victims Act 2004

84

Amend the Domestic Violence, Crime and Victims Act 2004[^f00367] as follows.

85

• (1) Amend section 9 (establishment and conduct of domestic homicide reviews) as follows.

• (2) After subsection (3) insert—

(3A) Any reference in subsection (2) or (3) to the Secretary of State shall, in relation to persons and bodies within subsection (4)(b), be construed as a reference to the Department of Justice in Northern Ireland.

• (3) In subsection (6)—

• (a) after “may” insert “, in relation to England and Wales,”;

• (b) for “(4)” substitute “(4)(a)”.

• (4) After subsection (6) insert—

(7) The Department of Justice in Northern Ireland may, in relation to Northern Ireland, by order amend subsection (4)(b).

86

• (1) Amend section 18A (appeals in respect of hearings under section 18(1)(b)), as it applies to Northern Ireland by virtue of section 21 and paragraph 1 of Schedule 1, as follows.

• (2) In subsection (7) for “Secretary of State” substitute “Department of Justice”.

• (3) Omit subsection (8).

87

In section 56 (grants for assisting victims, witnesses etc.) after subsection (2) insert—

(3) In the application of this section to Northern Ireland, any reference in subsection (1) or (2) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

88

• (1) Amend section 61 (orders) as follows.

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

• (3) After subsection (4) insert—

(5) 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[^f00368]. (6) 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[^f00369]).

Constitutional Reform Act 2005

89

• (1) Amend the Constitutional Reform Act 2005[^f00370] as follows.

• (2) In sections 27(2)(e) and 28(5)(e) (consultation during selection process for judge of Supreme Court) for “Secretary of State for Northern Ireland” substitute “Northern Ireland Judicial Appointments Commission”.

Police and Justice Act 2006

90

• (1) Amend the Police and Justice Act 2006[^f00371] as follows.

• (2) In section 13(2)(b) (supply of information to police etc. by Registrar General: exercise of power to make order under section 13(1)(d)) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

• (3) In section 49 (orders and regulations) after subsection (8) insert—

(9) The power of the Department of Justice in Northern Ireland to make an order under section 13(1)(d) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subsection (3) above applies in relation to the power as it applies in relation to a power mentioned in subsection (1) above. (10) An order made by the Department of Justice under section 13(1)(d) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Counter-Terrorism Act 2008

91

• (1) Amend the Counter-Terrorism Act 2008[^f00372] as follows.

• (2) In section 45(3)(a)(vi) (sentences or orders triggering notification requirements) for “Secretary of State” substitute “Minister in charge of the Department of Justice”.

• (3) In section 53(2)(c)(v) (period for which notification requirements apply) for “Secretary of State” substitute “Minister in charge of the Department of Justice”.

Taxis Act (Northern Ireland) 2008

92

• (1) Amend the Taxis Act (Northern Ireland) 2008[^f00373] as follows.

• (2) In section 42(1) (regulations concerning seized vehicles and equipment) for “Secretary of State” substitute “Department of Justice”.

• (3) In section 56 (orders and regulations)—

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

• (b) in subsection (4) for “Subject to subsection (5), an” substitute “An”;

• (c) omit subsection (5).

Coroners and Justice Act 2009

93

Amend the Coroners and Justice Act 2009[^f00374] as follows.

94

• (1) Amend section 74 (anonymity in investigations: qualifying offences) as follows.

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

• (3) In subsection (5), at the appropriate place, insert—

• “the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland;

95

• (1) Amend section 75 (anonymity in investigations: qualifying investigations) as follows.

• (2) After subsection (4) insert—

(5) The power to make an order under subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it 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[^f00375]).

96

• (1) Amend section 77 (anonymity in investigations: applications) as follows.

• (2) After subsection (8) insert—

(9) The power to make an order under subsection (7) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it 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).

97

• (1) Amend section 78 (anonymity in investigations: conditions for making order) as follows.

• (2) In subsection (10) for “Secretary of State” substitute “appropriate authority”.

• (3) After subsection (11) insert—

(12) In subsection (10) “the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland.

98

• (1) Amend section 83 (review of Chapter 1 of Part 3) as follows.

• (2) In subsection (1) after “Chapter” insert “in England and Wales”.

• (3) After subsection (2) insert—

(3) The Department of Justice in Northern Ireland must review the operation of this Chapter in Northern Ireland and prepare a report of that review. (4) The Department of Justice must lay a copy of the report before the Northern Ireland Assembly before the end of the period of 2 years beginning with the day on which section 77 comes into force. (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00376] applies for the purposes of subsection (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.

99

In section 161 (exploitation proceeds orders: applications) after subsection (5) insert—

(6) In the application of this section to Northern Ireland, in subsections (2)(a)(ii) and (4) references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

100

In section 166 (exploitation proceeds orders: effect of conviction being quashed etc) after subsection (9) insert—

(9A) In the case of an exploitation proceeds order made in Northern Ireland on the application of an enforcement authority other than the Serious Organised Crime Agency, references in this section to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

101

• (1) Amend section 176 (orders etc) as follows.

• (2) After subsection (2) insert—

(2A) 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[^f00377].

• (3) After subsection (6) insert—

(7) No order may be made under this Act by the Department of Justice in Northern Ireland 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 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (9) Subsection (7) does not apply to the making by the Department of Justice of— (a) an order under section 177 which does not contain any provision amending or repealing any provision of an Act; (b) an order under section 182; and an order within paragraph (a) above 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[^f00378]).

102

• (1) Amend section 177 (consequential amendments etc) as follows.

• (2) After subsection (3) insert—

(3A) In relation to the making of provision that 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[^f00379]), in subsection (3) references to the appropriate minister are to be read as references to the Department of Justice in Northern Ireland.

103

• (1) Amend section 182 (commencement) as follows.

• (2) After subsection (5) insert—

(6) The power to make provision by order under subsection (4) or (5) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor or the Secretary of State) so far as it 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). (7) Before making an order under subsection (4) or (5) bringing into force any provision for the purposes of the law of Northern Ireland, the Lord Chancellor or the Secretary of State must consult the Department of Justice.

104

• (1) Amend Schedule 16 (extension of disqualification for driving) as follows.

• (2) In paragraph 1, in the inserted Article 8A(10), for the words from “annulment” to “accordingly” substitute “negative resolution”.

• (3) In paragraph 4, in the inserted Article 40A—

• (a) in paragraph (9) for “Secretary of State” substitute “Department of Justice”;

• (b) in paragraph (10) for the words from “annulment” to “accordingly” substitute “negative resolution”.

Policing and Crime Act 2009

105

Amend the Policing and Crime Act 2009[^f00380] as follows.

106

After section 113 insert—

(113A) (1) In relation to the making of provision that 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[^f00381]), in sections 112(3) and 113 references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland. (2) The power of the Department of Justice to make an order under section 112 or 113 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument). (3) Section 112(6) to (8) does not apply in relation to the power of the Department of Justice to make an order under section 112. (4) The Department of Justice may not make an order under section 112 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (5) Subsection (4) does not apply to an order if the order does not amend or repeal a provision of a public general Act. (6) An order made by the Department of Justice under section 112 to which subsection (4) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954). (7) Section 112(9) applies for the purposes of subsection (5) as it applies for the purposes of section 112(7). (8) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

107

• (1) Amend section 116 (commencement) as follows.

• (2) After subsection (1) insert—

(1A) The power to make provision by order under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it 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).

• (3) In subsection (2) after “Secretary of State” insert “(but not the Department of Justice)”.

• (4) In subsection (7)(a) after “instrument” insert “(subject to subsection (8))”.

• (5) After subsection (7) insert—

(8) The power of the Department of Justice in Northern Ireland to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

108

• (1) Amend Schedule 2 (closure orders) as follows.

• (2) In paragraph 1, in the inserted section 136R, after subsection (8) insert—

(8A) In the application of this Part to Northern Ireland, references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

• (3) In paragraph 2 for “subsection (2)” substitute “subsections (2) and (6)”.

SCHEDULE 15 — Serious Organised Crime and Police Act 2005

1

Amend the Serious Organised Crime and Police Act 2005[^f00382] as follows.

2

• (1) Amend section 6 (annual plans) as follows.

• (2) In subsection (7) after paragraph (b) insert—

(ba) the Department of Justice in Northern Ireland,

• (3) In subsection (9)—

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

• (b) after paragraph (a) insert—

(aa) consult the Department of Justice in Northern Ireland and agree with the Department what provision the plan is to make for Northern Ireland by virtue of subsection (2); and

3

• (1) Amend section 7 (annual reports) as follows.

• (2) In subsection (4) after paragraph (b) insert—

(ba) the Department of Justice in Northern Ireland,

• (3) After subsection (7) insert—

(8) The Department of Justice in Northern Ireland must lay a copy of the annual report before the Northern Ireland Assembly. (9) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00383] applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

4

After section 8 insert—

(8A) The Department of Justice in Northern Ireland must exercise the powers conferred on it under this Chapter in such manner and to such extent as appears to it to be best calculated to promote the efficiency and effectiveness of SOCA.

5

In section 9(2) (strategic priorities for SOCA)—

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

• (b) after paragraph (b) insert—

(ba) the Department of Justice in Northern Ireland, and

6

• (1) Amend section 10 (codes of practice for SOCA) as follows.

• (2) In subsection (3)—

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

• (b) after paragraph (b) insert—

(ba) the Department of Justice in Northern Ireland, and

• (3) After subsection (7) insert—

(8) The Secretary of State must provide the Department of Justice in Northern Ireland with a copy of anything laid before Parliament under subsection (4).

7

In section 11 (reports to Secretary of State) after subsection (3) insert—

(3A) The Secretary of State must consult the Department of Justice in Northern Ireland before imposing any requirement under that subsection relating to any functions or activities of SOCA— (a) exercised or carried out in Northern Ireland, or (b) exercised or carried out outside, but in relation to, Northern Ireland.

8

In section 12 (power to direct submission of action plan) after subsection (6) insert—

(6A) The Secretary of State must consult the Department of Justice in Northern Ireland before giving any direction under this section in connection with any functions or activities of SOCA— (a) exercised or carried out in Northern Ireland, or (b) exercised or carried out outside, but in relation to, Northern Ireland.

9

In section 13 (revision of inadequate action plan) after subsection (3) insert—

(3A) The Secretary of State must consult the Department of Justice in Northern Ireland before forming an opinion for the purposes of subsection (1) as to any remedial measures proposed in connection with any functions or activities of SOCA— (a) exercised or carried out in Northern Ireland, or (b) exercised or carried out outside, but in relation to, Northern Ireland.

10

In section 15 (reports relating to directions under section 12)—

• (a) in subsection (4)(b) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”; and

• (b) after subsection (5) insert—

(6) The Department of Justice in Northern Ireland must lay before the Northern Ireland Assembly any copy of a report sent to it under subsection (4). (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 copy of a report as it applies in relation to the laying of a statutory document under an enactment.

11

• (1) Amend section 16 (inspections of SOCA) as follows.

• (2) After subsection (3) insert—

(3A) Before requesting an inspection that would fall to be carried out wholly or partly in Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.

• (3) In subsection (9) after paragraph (b) insert—

and (c) if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

• (4) In subsection (11) after paragraph (b) insert—

and (c) if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

12

In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements) after subsection (10) insert—

(10A) If the assistance mentioned in subsection (8) or (9) is provided for or (as the case may be) by— (a) the Police Service of Northern Ireland, or (b) the Police Service of Northern Ireland Reserve, the Secretary of State must, before making a determination under the subsection in question, consult the Department of Justice in Northern Ireland.

13

• (1) Amend section 24 (mutual assistance between SOCA and law enforcement agencies: directed arrangements) as follows.

• (2) In subsection (2)(a) omit “or Northern Ireland”.

• (3) In subsection (2)(c) after “Scottish Administration” insert “or a Northern Ireland department”.

14

After section 25 insert—

(25A) (1) This section applies where it appears to the Department of Justice in Northern Ireland— (a) that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within subsection (2), (b) that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and (c) that satisfactory arrangements cannot be made, or cannot be made in time, under section 23. (2) The bodies within this subsection are— (a) the Police Service of Northern Ireland, and (b) the Police Service of Northern Ireland Reserve. (3) In a case where this section applies the Department of Justice in Northern Ireland may (as appropriate)— (a) direct the Chief Constable of the Police Service of Northern Ireland to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction; (b) with the agreement of the Secretary of State, direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified. (4) Subsections (6) to (9) and (10A) of section 23 apply in relation to assistance provided under this section— (a) by SOCA to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, or (b) to SOCA by the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, as they apply in relation to assistance so provided under that section.

15

In section 26 (use by SOCA of police premises etc.) after subsection (6) insert—

(6A) In the application of this section in relation to arrangements with the Northern Ireland Policing Board, any reference in subsection (2), (3), (5) or (6) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland. (6B) But the Department may give a direction under subsection (2) to SOCA only with the agreement of the Secretary of State.

16

In section 41 (directions) after “Scottish Ministers” insert “or the Department of Justice in Northern Ireland”.

17

In section 47(5)(a) (agreement about exercise of powers of constable in Northern Ireland) for “Secretary of State” substitute “Department of Justice in Northern Ireland”.

18

In section 52 (modification of enactments) after subsection (7) insert—

(8) Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland. (9) The power conferred by subsection (1) is exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made is within the legislative competence of the Northern Ireland Assembly. (10) But the Department of Justice may make an order under subsection (1) only with the agreement of the Secretary of State.

19

• (1) Amend section 74 (assistance by defendant: review of sentence) as follows.

• (2) In subsection (12) for the words from “the Secretary of State” to the end substitute—

(a) the Secretary of State may, in relation to proceedings in England and Wales, make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968[^f00384] (subject to any specified modifications); (b) the Department of Justice in Northern Ireland may, in relation to proceedings in Northern Ireland, make an order containing provision corresponding to any provision in the Criminal Appeal (Northern Ireland) Act 1980[^f00385] (subject to any specified modifications).

20

In section 82(6) (protection of persons involved in investigations or proceedings) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

21

In section 87 (defences to liability under section 86)—

• (a) in subsection (5) omit “or in Northern Ireland”; and

• (b) after subsection (6) insert—

(6A) The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in Northern Ireland of an offence under that section.

22

In section 89 (defences to liability under section 88)—

• (a) in subsection (5) omit “or in Northern Ireland”; and

• (b) after subsection (6) insert—

(6A) The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in Northern Ireland of an offence under that subsection.

23

• (1) Amend section 97 (confiscation orders) as follows.

• (2) In subsection (1) omit—

• (a) the “or” after paragraph (a),

• (b) paragraph (b), and

• (c) the words “or Northern Ireland (as the case may be)”.

• (3) After subsection (1) insert—

(1A) The Department of Justice in Northern Ireland may by order make such provision as the Department considers appropriate for or in connection with enabling confiscation orders under Part 4 of the 2002 Act[^f00386] (confiscation: Northern Ireland) to be made by magistrates’ courts in Northern Ireland.

• (4) In subsections (2) and (3) after “(1)” insert “or (1A)”.

• (5) In subsection (3)—

• (a) after “2002 Act” insert “(as the case may be)”;

• (b) for “either (or any provision) of those Parts” substitute “that Part (or any provision of that Part)”.

24

In section 172 (orders and regulations) after subsection (8) insert—

(9) 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[^f00387]. (10) Any such power— (a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and (b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Department of Justice considers appropriate. (11) Subject to subsections (12) and (13), orders made by the Department of Justice under this Act are to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00388]). (12) Subsection (11) does not apply to any order under section 178. (13) Subsection (11) also does not apply to— (a) any order under section 52; (b) any order under section 87(6A); (c) any order under section 89(6A); (d) any order under section 97(1A); (e) any order under section 173 which amends or repeals any provision of an Act, and no such order may be made by the Department of Justice (whether alone or with other provisions) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (14) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00389] applies for the purposes of subsection (13) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

25

In section 173 (supplementary, incidental, consequential etc. provision) after subsection (6) insert—

(6A) Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland. (6B) The power conferred by subsection (1) is exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made is for the general purposes of this Act and would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly. (6C) The power conferred by subsection (1) is also exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made— (a) is for the purposes of, in consequence of, or for giving full effect to— (i) section 78, or (ii) so far as extending to Northern Ireland, any provision mentioned in section 178(7A), and (b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly. (6D) The Department of Justice shall not, without the consent of the Secretary of State, make an order by virtue of subsection (6B) or (6C) in relation to which, were the order a Bill of the Northern Ireland Assembly, the Secretary of State’s consent would be required under section 8 of the Northern Ireland Act 1998[^f00390].

26

• (1) Amend section 178 (commencement) as follows.

• (2) After subsection (7) insert—

(7A) The following provisions, so far as they extend to Northern Ireland, come into force on such day as the Department of Justice in Northern Ireland may by order appoint— (a) section 144 so far as it relates to Part 2 of Schedule 10, (b) section 163(1), (c) section 163(3) so far as it relates to paragraphs 4 and 10 of Schedule 14, (d) Part 2 of Schedule 10, and (e) paragraphs 4 and 10 of Schedule 14.

• (3) After subsection (11) insert—

(12) The power conferred by subsection (10) is exercisable by the Department of Justice in Northern Ireland (rather than the Secretary of State) in connection with any provision of this Act which comes into force by order made by the Department of Justice.

27

• (1) Amend Schedule 1 (SOCA) as follows.

• (2) In paragraph 1(4) after “Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

• (3) In paragraph 9(3)—

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

• (b) after paragraph (b) insert—

, and (c) the Department of Justice in Northern Ireland.

• (4) In paragraph 10(6)—

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

• (b) after paragraph (b) insert—

, and (c) the Department of Justice in Northern Ireland.

SCHEDULE 16 — Amendments relating to the Private Security Industry

Private Security Industry Act 2001

1

Amend the Private Security Industry Act 2001[^f00391] as follows.

2

• (1) Amend section 2 (directions etc. by the Secretary of State) as follows.

• (2) After subsection (2) insert—

(2A) Before giving a direction under subsection (1) the Secretary of State must obtain the consent of the Department of Justice so far as the direction relates to the Authority’s activities in or as regards Northern Ireland.

• (3) In subsection (3)—

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

• (b) after paragraph (b) insert—

(c) the Department of Justice with such information about the Authority’s activities in or as regards Northern Ireland as the Department of Justice may request.

3

In section 3 (conduct prohibited without a licence), after subsection (3A) insert—

(3B) In the application of this Act to Northern Ireland— (a) the reference in subsection (3) to the Secretary of State must be construed as a reference to the Department of Justice; (b) before making any order under subsection (3) the Department of Justice must consult the Secretary of State.

4

In section 7(5A) (licensing criteria) after “Scottish Ministers” insert “and the Department of Justice”.

5

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

• (2) In subsection (1A) after “Scottish Ministers” insert “; and in Northern Ireland “prescribed” in that paragraph includes prescribed by regulations made by the Department of Justice”.

• (3) After subsection (3A) insert—

(3B) Any power of the Department of Justice to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00392]. (3C) Orders and regulations made by the Department of Justice under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00393]).

• (4) In subsection (4) before “and the Authority” insert “, the Department of Justice”.

• (5) After subsection (4) insert—

(4A) Before making any order or regulations under any provision of this Act, the Department of Justice shall consult the Authority.

• (6) In subsection (5)(b), in the parentheses, after “Scottish Ministers think fit” insert “, or where the order is, or the regulations are, made by the Department of Justice, as the Department of Justice thinks fit”.

6

In section 25(1) (interpretation) after the definition of “contravention” insert—

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

7

• (1) Amend Schedule 1 (the Security Industry Authority) as follows.

• (2) In paragraph 1(4) after “Scottish Ministers” insert “and the Department of Justice”.

• (3) In paragraph 3(2) after “Scottish Ministers” insert “and the Department of Justice”.

• (4) In paragraph 6(2A) after “Scottish Ministers” insert “and the Department of Justice”.

• (5) In paragraph 14 after sub-paragraph (1A) insert—

(1B) The Department of Justice may make payments to the Authority in relation to the exercise by the Authority of its functions in or as regards Northern Ireland.

• (6) In paragraph 16—

• (a) in sub-paragraph (3) after “Scottish Ministers” insert “, to the Department of Justice”; and

• (b) after sub-paragraph (3A) insert—

(3B) The Department of Justice shall lay documents received by it under sub-paragraph (3) before the Northern Ireland Assembly. (3C) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00394] applies for the purposes of sub-paragraph (3B) in relation to the laying of documents received under sub-paragraph (3) as it applies in relation to the laying of a statutory document under an enactment.

• (7) In paragraph 17—

• (a) in sub-paragraph (1) for “and to the Scottish Ministers” substitute “, the Scottish Ministers and the Department of Justice”; and

• (b) after sub-paragraph (3) insert—

(4) The Department of Justice shall lay a copy of each such report before the Northern Ireland Assembly. (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954[^f00395] 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 17 — Enactments under which functions of Lord Chancellor are transferred to the Department of Justice

Acts of the Parliament of the United Kingdom

1

Maintenance Orders (Facilities for Enforcement) Act 1920[^f00396] so far as relating to Northern Ireland.

2

Arbitration (International Investment Disputes) Act 1966[^f00397] so far as relating to Northern Ireland.

3

Paragraph 13 of Schedule 3 to the Misuse of Drugs Act 1971[^f00398] so far as relating to Northern Ireland.

4

Maintenance Orders (Reciprocal Enforcement) Act 1972[^f00399] so far as relating to Northern Ireland, except section 49(2).

5

Litigants in Person (Costs and Expenses) Act 1975[^f00400] so far as relating to Northern Ireland.

6

The following provisions of the Judicature (Northern Ireland) Act 1978[^f00401]—

• (a) section 7(4)[^f00402], so far as relating to the payment (but not the determination) of remuneration and allowances;

• (b) sections 47(5)[^f00403] and 53(1)(f) and (2)[^f00404];

• (c) section 53A[^f00405], except so far as relating to the functions of the Lord Chancellor in relation to Crown Court rules which deal (or would deal) with an excepted matter;

• (d) section 54(1)(c), (5)[^f00406] and (6);

• (e) section 55A[^f00407], except so far as relating to the functions of the Lord Chancellor in relation to rules which deal (or would deal) with an excepted matter;

• (f) sections 56(4)[^f00408], 68(3), (5) and (6) and 68A[^f00409];

• (g) section 74(5)[^f00410], so far as relating to the payment (but not the determination) of remuneration and allowances;

• (h) sections 75(1), (7) and (9)[^f00411], 77(1)[^f00412], 79(1)[^f00413], 81(a)(iv)[^f00414], 82(1), 85[^f00415], 102(2), 103(6), (7) and (9)[^f00416] and 116(1) and (2);

• (i) section 117A[^f00417], so far as relating to the payment (but not the determination) of allowances;

• (j) paragraph 9 of Schedule 6[^f00418].

7

Criminal Appeal (Northern Ireland) Act 1980[^f00419].

8

Civil Jurisdiction and Judgments Act 1982[^f00420] so far as relating to Northern Ireland.

9

Section 25(3)(c) of the Administration of Justice Act 1982[^f00421].

10

Section 4F(3)(c) of the Repatriation of Prisoners Act 1984[^f00422].

11

Multilateral Investment Guarantee Agency Act 1988[^f00423] so far as relating to Northern Ireland.

12

Social Security Administration (Northern Ireland) Act 1992[^f00424], except functions transferred by virtue of paragraph 24 of Schedule 4 to the Northern Ireland Act 2009[^f00425].

13

Arbitration Act 1996[^f00426] so far as relating to Northern Ireland.

14

Defamation Act 1996[^f00427] so far as relating to Northern Ireland.

15

Damages Act 1996[^f00428] so far as relating to Northern Ireland.

16

Paragraph 39(6) of Schedule 10 to the Northern Ireland Act 1998[^f00429].

17

Sections 2(2), 9A(2), 10(4) and 12(1B)(c) of, and paragraphs 1(2), 5, 6, 7, 10(3), 11, 13, 14 and 15 of Schedule 3A and paragraphs 4 and 5 of Schedule 4 to, the Justice (Northern Ireland) Act 2002[^f00430].

18

Section 221(3)(b) of the Proceeds of Crime Act 2002[^f00431].

19

The following provisions of the Courts Act 2003[^f00432]—

• (a) section 102;

• (b) section 109, so far as relating to Northern Ireland.

20

Schedule 3 to the Justice (Northern Ireland) Act 2004[^f00433].

21

The following provisions of the Civil Partnership Act 2004[^f00434]—

• (a) section 188;

• (b) Schedules 15 to 17.

22

Paragraphs 9(1), 12(1) and 14(2) and (3) of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007[^f00435].

23

Sections 132(1) and 163(1) of the Banking Act 2009[^f00436] so far as relating to Northern Ireland.

Acts of the Parliament of Northern Ireland

24

Administration of Justice Act (Northern Ireland) 1954[^f00437].

25

Coroners Act (Northern Ireland) 1959[^f00438], except for sections 2(1) and 36.

26

Costs in Criminal Cases Act (Northern Ireland) 1968[^f00439].

27

Children and Young Persons Act (Northern Ireland) 1968[^f00440].

Orders in Council

28

Family Law Reform (Northern Ireland) Order 1977[^f00441].

29

Fatal Accidents (Northern Ireland) Order 1977[^f00442].

30

Rates (Northern Ireland) Order 1977[^f00443], except functions which are transferred by virtue of paragraph 9 of Schedule 4 to the Northern Ireland Act 2009[^f00444].

31

Matrimonial Causes (Northern Ireland) Order 1978[^f00445].

32

Administration of Estates (Northern Ireland) Order 1979[^f00446].

33

County Courts (Northern Ireland) Order 1980[^f00447], except for Article 47 so far as relating to the functions of the Lord Chancellor in relation to county court rules which deal (or would deal) with an excepted matter.

34

Domestic Proceedings (Northern Ireland) Order 1980[^f00448].

35

Judgments Enforcement (Northern Ireland) Order 1981[^f00449].

36

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[^f00450].

37

Magistrates’ Courts (Northern Ireland) Order 1981[^f00451], except for Article 13(3A) to (3D) so far as relating to the functions of the Lord Chancellor in relation to magistrates’ courts rules which deal (or would deal) with an excepted matter.

38

Forfeiture (Northern Ireland) Order 1982[^f00452].

39

Mental Health (Northern Ireland) Order 1986[^f00453], except functions which are transferred by virtue of paragraph 20 of Schedule 4 to the Northern Ireland Act 2009[^f00454].

40

Matrimonial and Family Proceedings (Northern Ireland) Order 1989[^f00455].

41

Police and Criminal Evidence (Northern Ireland) Order 1989[^f00456].

42

Child Support (Northern Ireland) Order 1991[^f00457], except for paragraph 4 of Schedule 4 so far as relating to the determination (but not the payment) of pensions.

43

Family Law (Northern Ireland) Order 1993[^f00458].

44

Children (Northern Ireland) Order 1995[^f00459].

45

Juries (Northern Ireland) Order 1996[^f00460].

46

Road Traffic Offenders (Northern Ireland) Order 1996[^f00461].

47

Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00462].

48

Road Traffic (New Drivers) (Northern Ireland) Order 1998[^f00463].

49

Social Security (Northern Ireland) Order 1998[^f00464], except functions which are transferred by virtue of paragraphs 29 to 31 of Schedule 4 to the Northern Ireland Act 2009[^f00465].

50

Fair Employment and Treatment (Northern Ireland) Order 1998[^f00466], except functions which are transferred by virtue of paragraph 32 of Schedule 4 to the Northern Ireland Act 2009[^f00467].

51

Criminal Evidence (Northern Ireland) Order 1999[^f00468].

52

Insolvency (Northern Ireland) Order 2002[^f00469].

53

Access to Justice (Northern Ireland) Order 2003[^f00470], except for paragraph 17 of Schedule 1.

54

Insolvency (Northern Ireland) Order 2005[^f00471].

55

Traffic Management (Northern Ireland) Order 2005[^f00472], except functions which are transferred by virtue of paragraph 42 of Schedule 4 to the Northern Ireland Act 2009[^f00473].

56

Article 61 (6) of the Criminal Justice (Northern Ireland) Order 2008[^f00474].

Acts of the Northern Ireland Assembly

57

Paragraph 20 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00475].

58

The following provisions of the Charities Act (Northern Ireland) 2008[^f00476]—

• (a) section 13;

• (b) paragraph 6 of Schedule 2.

SCHEDULE 18 — Amendments relating to Article 15(1) to (4) etc

PART 1 — Acts of the Parliament of the United Kingdom

Arbitration (International Investment Disputes) Act 1966

1

• (1) Amend the Arbitration (International Investment Disputes) Act 1966[^f00477] as follows.

• (2) In section 8 (application to Northern Ireland) after paragraph (b) insert—

(c) in relation to the power by order under section 3 to direct that provisions of the Arbitration Act 1996[^f00478] shall apply to such proceedings pursuant to the Convention as are specified in the order, being proceedings taking place in Northern Ireland, for the reference in that section to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland; (d) section 3(3)(b) shall not apply to an order made by the Department of Justice in Northern Ireland under section 3; but any such order shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Misuse of Drugs Act 1971

2

Amend the Misuse of Drugs Act 1971[^f00479] as follows.

3

In paragraph 21 of Schedule 3 (application to Northern Ireland), in the entry for paragraph 13—

• (a) after “Minister of Home Affairs for Northern Ireland” insert “and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland”;

• (b) in the inserted sub-paragraph (3) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.

Maintenance Orders (Reciprocal Enforcement) Act 1972

4

Amend the Maintenance Orders (Reciprocal Enforcement) Act 1972[^f00480] as follows.

5