16Conditions for devolving policing and justice mattersU.K.
(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 matter]F1 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).
Textual Amendments
F1Words in s. 16(3) substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 18(5), 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)) (with s. 1(3)): S.I. 2007/1397, art. 2
F2Words in s. 16(5) substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 18(6), 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)) (with s. 1(3)); S.I. 2007/1397, art. 2