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

15.—(1) Amend paragraph 4 (manufacture, import and sale of realistic imitation firearms) as follows. U.K.

(2) After sub-paragraph (2) insert—

“(2A) The Department of Justice may by regulations—

(a) provide for exceptions and exemptions from the offence under sub-paragraph (1)(a), (b) or (c); and

(b) provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.”

(3) In sub-paragraph (3) for “(1)” substitute “(1)(d)”.

(4) In sub-paragraph (4)—

(a) for “(3)” substitute “(2A) or (3)”; and

(b) in paragraph (c) after “as” insert “the Department of Justice or (as the case may be)”.

(5) After sub-paragraph (4) insert—

“(4A) The power of the Department of Justice to make regulations under sub-paragraph (2A) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(1).

(4B) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.

(4C) Regulations under sub-paragraph (2A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(2)).”

Commencement Information

I1 Sch. 11 para. 15 in force at 12.4.2010, see art. 1(2)

(1)

S.I. 1979/1573 (N.I. 12).

(2)

1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.