Northern Ireland (Sentences) Act 1998

19 Orders and rules

(1) Any order or rules under this Act—

(a) shall be made by statutory instrument, and

(b) may include transitional provisions and savings.

(2) Subject to subsection (3), no order shall be made under section 3(8), 10(8) or 16 unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(3) An order under section 3(8) or 10(8) or a suspension order under section 16 may be made without a draft having been approved if the Secretary of State thinks it necessary by reason of urgency, in which case the order—

(a) shall include a declaration to that effect,

(b) shall be laid before each House of Parliament after being made, and

(c) shall cease to have effect at the end of the period of 40 days (computed in accordance with section 7(1) of the [1946 c. 36.] Statutory Instruments Act 1946) starting with the day on which it was made unless a resolution has been passed by each House approving it.

(4) If an order under section 3(8) or 10(8) or 16 ceases to have effect by virtue of subsection (4)(c) above, the detention of a person while the order was in force shall not be treated as unlawful by reason only of the order’s ceasing to have effect.

(5) Rules under Schedule 2 shall be subject to annulment in pursuance of a resolution of either House of Parliament.