The Children (Northern Ireland) Order 1995 No. 755 (NI. 2)

PART XVII N.I. MISCELLANEOUS AND GENERAL

Miscellaneous N.I.

Annual report N.I.

181.  The Department shall, after consultation with the Lord Chancellor, the Department of Education and the Department of Finance and Personnel, cause an annual general report on the operation of this Order to be prepared and laid before the Assembly.

Yn ddilys o 03/04/2006

[F1 Delegation of functions by Lord Chief Justice N.I.

181A— (1) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise a delegable function—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(2) In paragraph (1) “delegable function” means a function under any of these provisions of this Order—

(a) Article 4(2);

(b) Article 166(14);

(c) Article 169(5);

(d) Article 170(5);

(e) in Schedule 1, paragraph 6(2);

(f) in Schedule 7—

(i) paragraph 1(1), (2) and (4);

(ii) paragraph 2(1) and (5);

(iii) paragraph 3;

(iv) paragraph 4(4), (6)(a) and (7).]

F1 Art. 181A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 99; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(b)

Temporary exercise of functions of authorities by Department N.I.

182.—(1) The Department may by regulations provide that until such date as may be prescribed the provisions to which paragraph (2) applies shall have effect as if for references to an authority there were substituted references to the Department.

(2) This paragraph applies to—

(a) Articles 78, 80 to 87, 94 and 96 to 103;

(b) regulations made for the purposes of Article 80(4) or 96(4);

(c) regulations made under Article 89(2)(j) or (k) or 105(2)(j) or (k); and

(d) such other provisions of this Order as may be prescribed.

(3) Regulations may make such modifications of this Order as appear to the Department to be necessary or expedient for the purposes of paragraph (1).

(4) Regulations under paragraph (1) shall not prescribe a date later than the expiration of six years from the commencement of this Article.

Regulations and orders N.I.

183.—(1) Subject to paragraphs (2) [F2 to (4)], regulations under this Order shall be subject to negative resolution.

(2) Orders under Article 18(4) or 156 shall be subject to affirmative resolution.

(3) Regulations and orders under this Order made by the Lord Chancellor shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946F3 shall apply accordingly.

[F2 (4) Regulations under Article 18(10) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

F2 2002 c. 21

F3 1946 c. 36

Transitional provisions and savings N.I.

184.—(1) The transitional provisions and savings set out in Schedule 8 shall have effect.

(2) An order under Article 1(2) may make such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into operation by the order, including—

(a) provisions adding to or modifying the provisions of Schedule 8; and

(b) such adaptations—

(i) of the provisions brought into operation by the order; and

(ii) of any provisions of this Order then in operation,

as appear to the Secretary of State necessary or expedient in consequence of the partial operation of this Order.

Article 185— Amendments and Repeals