The Criminal Justice (Northern Ireland) Order 2008

PART 6 N.I. SUPPLEMENTARY

[F1 Regulations, orders and rules N.I.

100.— (1) Regulations, orders and rules made by the Department of Justice under this Order shall be subject to negative resolution.

(2) Paragraph (1) does not apply to an order under Article 1 [F2 , 22(4) or 45(5) ] .

(3) An order under Article 22(4) is not a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

[F3 (3A) An order under section 45(5) may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly]

(4) Rules made by the Secretary of State under this Order 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 shall apply accordingly.

(5) Regulations, orders or rules made by the Department of Justice or the Secretary of State under this Order may contain—

(a) any incidental, supplementary or consequential provision, and

(b) any transitory, transitional or saving provisions,

which the Department of Justice or the Secretary of State (as the case may be) considers necessary or expedient.]

Textual Amendments

F1 Art. 100 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 30 (with arts. 28-31); S.I. 2010/977, art. 1(2)

F2 Words in art. 100(2) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(10)(a), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F3 Art. 100(3A) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(10)(b), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

Supplementary and consequential provision, etc. N.I.

101.—(1) The Secretary of State may by order make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which the Secretary of State considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Order.

(2) An order under paragraph (1) may, in particular—

(a) provide for any provision of this Order which comes into operation before another such provision has come into operation to have effect, until that other provision has come into operation, with such modifications as are specified in the order; and

(b) amend or repeal any statutory provision passed or made before the making of this Order.

(3) Nothing in this Article limits the power by virtue of Article 100(4)(b) to include transitory, transitional or saving provision in an order under Article 1

(4) The amendments that may be made under paragraph (2)(b) are in addition to those made by any other provision of this Order.

Amendments and repeals N.I.

102.—(1) The statutory provisions set out in Schedule 5 have effect subject to the minor and consequential amendments specified in that Schedule.

(2) The statutory provisions set out in Schedule 6 are repealed to the extent specified in the second column of that Schedule.

Commencement Information

I1 Art. 102 partly in operation; art. 102(2) in operation for specified purposes at 8.6.2008, see art. 1(3); art. 102 in operation for specified purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with savings and transitory provision arts. 3, 4); art. 102(2) in operation for specified purposes at 16.7.2008 by S.R. 2008/293, art. 2, Sch.; art. 102 in operation for further specified purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 1(1)(2)(b)(c), 4)