Section 28
1(1)The Northern Ireland Act 1998 has effect subject to the following amendments.
(2)In section 11(1) (power of Attorney General for Northern Ireland to refer question whether Bill would be within legislative competence of Northern Ireland Assembly), after “The” insert “ Advocate General for Northern Ireland or the ”.
(3)In section 12(2) (procedure where Assembly wishes to reconsider Bill referred to European Court of Justice)—
(a)in paragraph (a), for “Attorney General for Northern Ireland and the Attorney General” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”, and
(b)in paragraph (b), for “Attorney General for Northern Ireland shall request the withdrawal of the reference under section 11” substitute “ person who made the reference in relation to the Bill under section 11 shall request the withdrawal of the reference ”.
(4)In section 14(2)(a) (no submission for Royal Assent where Attorney General for Northern Ireland entitled to make a reference under section 11), insert at the beginning “the Advocate General for Northern Ireland or”.
Commencement Information
I1Sch. 7 para. 1 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(a)
2(1)Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows.
(2)In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)—
(a)in sub-paragraph (1), for “or defended by the Attorney General” substitute “ by the Advocate General for Northern Ireland ”, and
(b)in sub-paragraph (2), for “First Minister and the deputy First Minister acting jointly” substitute “ Attorney General for Northern Ireland ” and insert at the end “ instituted by the Advocate General for Northern Ireland ”.
(3)In paragraph 5 (notice of such proceedings), for “Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”.
(4)In paragraph 13 (notice), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.
(5)In paragraph 23 (intimation), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.
(6)In paragraphs 33 and 34 (direct references to Judicial Committee), for “the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly” substitute “ the Advocate General for Northern Ireland, the Attorney General for Northern Ireland ”.
(7)In paragraph 35(4) (no exercise of function pending decision on reference), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I2Sch. 7 para. 2 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(a)
Prospective
3N.I.F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 7 para. 3 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act
4N.I.In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in—
(a)paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),
(b)paragraph 26 (notice of such proceedings), and
(c)paragraphs 33 and 34 (direct references to Judicial Committee),
for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I3Sch. 7 para. 4 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(a)
5In section 71(2) of the Northern Ireland Act 1998 (c. 47) (law officers able to rely on Convention rights under that Act even though not victim), after “to the Attorney General,” insert “ the Advocate General for Northern Ireland, ”.
Commencement Information
I4Sch. 7 para. 5 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(a)
Prospective
6N.I.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 7 para. 6 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act
7N.I.In section 100(2) of the Scotland Act 1998 (similar provision in relation to that Act), after “, the Attorney General” insert “ , the Advocate General for Northern Ireland ”.
Commencement Information
I5Sch. 7 para. 7 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(a)
[F37AN.I.In section 8 of the Justice (Northern Ireland) Act 2004 (guidance for criminal justice organisations on human rights standards)—
(a)after subsection (1) insert—
“(1A)Before issuing or revising any guidance under this section, the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.”;
(b)after subsection (5) insert—
“(5A)Before making an order under subsection (3)(c) or (5), the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.”]
Textual Amendments
F3Sch. 7 para. 7A inserted (12.4.2010) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 8(9), 19(1); S.R. 2010/114, art. 2(a)
8In section 81(7) of the Northern Ireland Act 1998 (notice of intention to vary retrospective decision to be given to the appropriate authority), for “First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and ”.
Commencement Information
I6Sch. 7 para. 8 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(a)
Prospective
9N.I.F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 7 para. 9 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act
10N.I.In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I7Sch. 7 para. 10 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(b)
Prospective
11(1)Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows.
(2)In sub-paragraph (1), after paragraph (c) insert—
“(ca)any functions of the Attorney General for Northern Ireland may be discharged by the Advocate General for Northern Ireland;”.
(3)In sub-paragraph (2)—
(a)after “Minister” insert “ or the Attorney General for Northern Ireland ”, and
(b)after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.
(4)In sub-paragraphs (3), (5) and (6), after “Minister” insert “ or the Attorney General for Northern Ireland ”.
12The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland about any arrangements they propose to make for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.
Commencement Information
I8Sch. 7 para. 12 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(c)
13The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland before appointing a person to be Attorney General for Northern Ireland.
Commencement Information
I9Sch. 7 para. 13 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(c)
14(1)Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows.
(2)In subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland ”.
(3)In subsection (2), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I10Sch. 7 para. 14 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(c)
15Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.
Commencement Information
I11Sch. 7 para. 15 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(c)
16(1)Section 47 (functions: consultation and consent requirements etc.) is amended as follows.N.I.
(2)In subsection (1), after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.
(3)In subsection (2), after “Secretary of State,” insert—
“(aa)the Advocate General for Northern Ireland,”.
(4)In subsection (5), after “consent of” insert “ the Advocate General for Northern Ireland and ”.
Commencement Information
I12Sch. 7 para. 16 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(c)
17N.I.In section 49(5) (copies of reports relating to Public Prosecution Service), after “copy of it to” insert “ the Advocate General for Northern Ireland and ”.
Commencement Information
I13Sch. 7 para. 17 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(c)
Prospective
18F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 7 para. 18 repealed (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1, 102, Sch. 6 Pt. 1; S.R. 2008/217, art. 2, Sch. para. 19 (subject to art. 3)
19In section 91(7) of the Northern Ireland Act 1998 (c. 47) (appointment of person to represent interests of party to proceedings before Tribunal under that section), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I14Sch. 7 para. 19 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(d)
20N.I.In paragraph 7(2) of Schedule 2 to the Northern Ireland (Sentences) Act 1998 (c. 35) (appointment of person to represent prisoner’s interests in proceedings of Sentence Review Commissioners from which he and his representative are excluded), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I15Sch. 7 para. 20 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(d)
21The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.
Commencement Information
I16Sch. 7 para. 21 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(d)
22N.I.In section 72(2)(b) (regulations providing for time limits to cease to have effect where Attorney General for Northern Ireland certifies that offence is not to be treated as scheduled offence), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I17Sch. 7 para. 22 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(d)
23N.I.In Schedule 9 (certification that offence is not scheduled offence), in Notes 1 and 2 in Part 1, and in the Note in Part 3, for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I18Sch. 7 para. 23 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(d)
24In section 12 of the Official Secrets Act 1911 (c. 28) (construction of references to Attorney General), for “Attorney-General for Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I19Sch. 7 para. 24 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(d)
Prospective
25N.I.F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 7 para. 25 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 125, 126, Sch. 9 Pt. 1 (with Sch. 8)
26N.I.In section 1(3) of the Genocide Act 1969 (c. 12) (proceedings for genocide), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I20Sch. 7 para. 26 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
27N.I.In section 2(1) of the Biological Weapons Act 1974 (c. 6) (proceedings for offence of contravening section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I21Sch. 7 para. 27 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
28N.I.In section 11 of the Criminal Jurisdiction Act 1975 (c. 59) (proceedings for extra-territorial offences), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I22Sch. 7 para. 28 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
29N.I.In section 2(1) of the Internationally Protected Persons Act 1978 (c. 17) (proceedings for offence which is an offence by virtue only of section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I23Sch. 7 para. 29 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
30N.I.In section 3(1) of the Nuclear Material (Offences) Act 1983 (c. 18) (proceedings for offence which is an offence only by virtue of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I24Sch. 7 para. 30 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
31N.I.In section 135 of the Criminal Justice Act 1988 (c. 33) (proceedings for offence of torture), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I25Sch. 7 para. 31 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
32N.I.In section 9(1) of the Official Secrets Act 1989 (c. 6) (proceedings for offence under that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I26Sch. 7 para. 32 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
33N.I.In Article 8(11) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 (S.I. 1990/1651) (as substituted by the Iraq and Kuwait (United Nations Sanctions) (Second Amendment) Order 1990 (S.I. 1990/2144)) (proceedings for offence under that Order), for “Attorney General for Northern Ireland or” substitute “ Advocate General for Northern Ireland or the Attorney General for ”.
Commencement Information
I27Sch. 7 para. 33 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
34N.I.In section 31(1) of the Chemical Weapons Act 1996 (c. 6) (proceedings for offence under section 2 or 11 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I28Sch. 7 para. 34 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(e)
Prospective
35N.I.F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 7 para. 35 repealed (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 37, 39(2), Sch. 3; S.I. 2006/1013, art. 2
36N.I.In—
(a)section 55 (proceedings for offence under section 47 or 50), and
(b)section 81(1) (proceedings for offence under section 79 or 80),
of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
Commencement Information
I29Sch. 7 para. 36 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(f)
37N.I.Section 33 of this Act applies in relation to the giving of consent by the Advocate General for Northern Ireland as in relation to the giving of consent by the Director of Public Prosecutions for Northern Ireland.
Commencement Information
I30Sch. 7 para. 37 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 19(f)