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Access to Justice (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Orders, regulations and directions

46.—(1) Any direction given by the Lord Chancellor to the Commission under Part II may be varied or revoked.

(2) No directions may be given by the Lord Chancellor to the Commission under Part II in relation to individual cases.

(3) The Lord Chancellor shall either—

(a)publish, or

(b)require the Commission to publish,

any directions given by him under Part II.

(4) Any order or regulations made by the Lord Chancellor under this Order may contain such incidental, supplemental, consequential, saving or transitional provisions as the Lord Chancellor thinks fit; and, without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954(1), any power conferred by this Order to make regulations or orders includes power to make different provision for different areas.

(5) No order shall be made under Article 4(4), 5, 10(2), 11(9)(b), 15(7), 29(3) or 38(3) and no regulations shall be made under Article 12(6), 18(1), 20(2)(b) or (d), 28, 30(2)(a) or (5), 32(1), 36 or 39(3) unless a draft of the order or regulations has been laid before, and approved by resolution of, each House of Parliament.

(6) Any other order or regulations under this Order, other than an order under Article 1(2) or 48 or paragraph 2(6) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946(2) shall apply accordingly.

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