Part 4Devolution of policing and justice etc.

16Conditions for devolving policing and justice matters

1

Amend section 4 of the 1998 Act (transferred, excepted and reserved matters) as follows.

2

In subsection (2), for “subsection (3)” substitute “ subsections (2A) and (3) ”.

3

After subsection (2) insert—

2A

The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending Schedule 3 so that a F1policing and justice matterF1 ceases to be a reserved matter unless—

a

a motion for a resolution praying that the matter should cease to be a reserved matter is tabled by the First Minister and the deputy First Minister acting jointly; and

b

the resolution is passed by the Assembly with the support of a majority of the members voting on the motion, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.

4

In subsection (3), for “the draft of an Order before Parliament under subsection (2)” substitute “ before Parliament under subsection (2) the draft of any other Order ”.

5

After subsection (5) insert—

6

In this section F2 “policing and justice matter” F2 means a matter falling within a description specified in—12

a

any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or

b

any other provision of that Schedule designated for this purpose by an order made by the Secretary of State.

6

In this Part “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).