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

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107.—(1) Amend section 116 (commencement) as follows.U.K.

(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.

Commencement Information

I1Sch. 14 para. 107 in force at 12.4.2010, see art. 1(2)

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