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

Police and Justice Act 2006

14.—(1) Amend Schedule 1(1) to the Police and Justice Act 2006 (National Policing Improvement Agency) as follows.

(2) After paragraph 6(4) (strategic priorities) insert—

“(4ZA) Sub-paragraph (2)(b) to (d) does not apply in relation to strategic priorities for the Agency so far as the priorities relate—

(a) to the doing of things by the Agency in relation to any of the persons mentioned in sub-paragraph (4ZB) in exercise of its power under paragraph 2(1), or

(b) to the doing of things by the Agency in exercise of that power that may or will affect what it may do in relation to any of those persons in future exercise of that power,

but before determining any such priorities so far as so relating, the Secretary of State must consult the Department of Justice in Northern Ireland.

(4ZB) Those persons are—

(a) the Police Service of Northern Ireland,

(b) the Police Service of Northern Ireland Reserve, and

(c) persons employed for the purposes of either (or both) of those bodies.”

(3) In paragraph 48 (power to modify)—

(a) in sub-paragraph (4)—

(i) omit “and” at the end of paragraph (a) and insert—

“(aa) so far as it is power to make provision falling within sub-paragraph (5A), is power of the Department of Justice in Northern Ireland, and”,

(ii) in paragraph (b) after “(5)” insert “or (5A)”,

(b) after sub-paragraph (5) insert—

“(5A) The provision falling within this sub-paragraph is 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)(2).”,

(c) after sub-paragraph (13) insert—

“(13A) Power of the Department of Justice in Northern Ireland under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.

(13B) Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far as it is power to make provision falling within sub-paragraph (13C), is exercisable only with the consent of the Department of Justice in Northern Ireland.

(13C) The provision falling within this sub-paragraph is provision—

(a) that affects, or may affect, any of the persons mentioned in paragraph 4(5), or

(b) that affects, or may affect, the rights and powers of the Department of Justice in Northern Ireland.

(13D) Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power to impose obligations on any of the persons mentioned in paragraph 4(5), is exercisable only with the consent of the Department of Justice in Northern Ireland.

(13E) Before making an order under sub-paragraph (1), the Department of Justice in Northern Ireland must consult—

(a) the Agency,

(b) the Northern Ireland Policing Board, and

(c) the Chief Constable of the Police Service of Northern Ireland.

(13F) Before deciding whether to give consent for the purposes of sub-paragraph (13B) or (13D), the Department of Justice in Northern Ireland must consult—

(a) the Northern Ireland Policing Board, and

(b) the Chief Constable of the Police Service of Northern Ireland.”

(1)

Sub-paragraph (2)(b) to (d) of paragraph 6 was substituted by section 99 of, and paragraphs 358 and 360 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13) (“2011 Act”). Until the coming into force of section 1 of the 2011 Act transitional provisions apply and see further article 29 of this Order. Other amendments have been made to this Schedule but they are not relevant to this Order..

(2)

1998 c. 47. Section 7 was amended by sections 84(1) and 86 of, and Schedule 13 to, the Justice (Northern Ireland) Act 2002 (c. 26) and section 30(1) of, and Schedule 4 to, the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).