The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012

Immigration and Asylum Act 1999

9.—(1) Amend the Immigration and Asylum Act 1999(1) as follows.

(2) In section 53(6B)(2) (applications for bail) after “the Lord Chief Justice of Northern Ireland” insert “and the Department of Justice in Northern Ireland”.

(3) In section 83(2) (which establishes the Immigration Services Commissioner) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”.

(4) In section 86(3)(designated professional bodies)—

(a) in subsection (5)(a) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”; and

(b) for subsection (6) substitute—

“(6) Before deciding whether or not to give its approval under subsection (5)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.”

(5) In paragraph 4 of Schedule 5(4) (which sets out the Immigration Services Commissioner’s regulatory functions)—

(a) in sub-paragraph (3)(a) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”; and

(b) for sub-paragraph (4) substitute—

“(4) Before deciding whether or not to give its approval under sub-paragraph (3)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.”

(1)

1999 c.33.

(2)

Subsection (6B) and subsection (9) (which is also relevant) were inserted by section 15(1) of, and paragraphs 283 and 284 of schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

(3)

Subsections (5)(a) and (6) were amended by sections 86 and 210 of, and paragraphs 9 and 13 of Schedule 18 to, the Legal Services Act 2007 (c. 29).

(4)

Sub-paragraphs (3)(a) and (4) were amended by sections 186 and 210 of, and paragraphs 9 and 17 of Schedule 18 to, the Legal Services Act 2007; other amendments made to this paragraph are not relevant to this Order.