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

Bribery Act 2010

19.—(1) Amend the Bribery Act 2010(1) as follows.

(2) In section 9(3) (guidance about commercial organisations preventing bribery) after “the Scottish Ministers” insert “and the Department of Justice in Northern Ireland”.

(3) In section 17 (consequential provisions)—

(a) at the end of subsection (5)(a) insert “(subject to subsection (9A))”;

(b) after subsection (9) insert—

“(9A) The power of the Department of Justice in Northern Ireland to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(2) (and not by statutory instrument).

(9B) Subject to subsection (9C), an order of the Department of Justice in Northern Ireland made under this section is subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954)(3).

(9C) An order of the Department of Justice in Northern Ireland made under this section which does not amend or repeal a provision of an Act of the Northern Ireland Assembly or of a public general Act is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)(4).”; and

(c) in subsection (10) in the definition of “relevant national authority” omit “and” at the end of paragraph (a) and insert—

“(aa) in the case of 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(5)), the Department of Justice in Northern Ireland, and”.

(1)

2010 c. 23.

(2)

S.I. 1979/1573 (N.I. 12). Amendments have been made but they are not relevant to this Order

(3)

Section 41(4) was amended by S.I. 1999/663.

(4)

Section 41(6) was amended by S.I. 1999/663.

(5)

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).