SCHEDULES

SCHEDULE 24The NCA: Northern Ireland

Section 61(18)

Provisions that do not extend to Northern Ireland

1

1

The relevant NCA provisions do not extend to Northern Ireland.

2

The Secretary of State may, by order, provide that any other provision of Part 1 of this Act is not to extend to Northern Ireland.

3

This paragraph is subject to paragraph 2.

Power to provide for provisions to extend to Northern Ireland

2

The Secretary of State may, by order, provide for any of the following to extend to Northern Ireland—

a

any relevant NCA provision;

b

any provision in respect of which an order has been made under paragraph 1(2).

Provisions extended to Northern Ireland: consequential provision

3

The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of, or in connection with, a provision of this Act extending to Northern Ireland by virtue of an order under paragraph 2.

Provisions not extending to Northern Ireland: consequential provision

4

The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of, or in connection with, a provision of this Act not extending to Northern Ireland by virtue of—

a

paragraph 1(1), or

b

an order under paragraph 1(2).

NCA functions in Northern Ireland

5

The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for modifying the ways in which—

a

NCA functions are exercised in Northern Ireland, or

b

the exercise of NCA functions in Northern Ireland is planned or supervised.

Orders under this Schedule: particular provision

7

1

The provision that may be made by an order under paragraph 2, 3, 4 or 5 (whether by virtue of that paragraph or section 58(12)) includes—

a

provision conferring, removing or otherwise modifying a function (whether or not exercisable in, or in relation to, Northern Ireland);

b

provision amending, repealing, revoking or otherwise modifying any enactment (including an enactment contained in, or amended by, this Act).

2

The making of an order under any provision of this Schedule does not prevent—

a

a further order from being made under that provision, or

b

an order from being made under any other provision of this Schedule.

3

An order under paragraph 2 or 3 may modify or reverse the effects of an order made under paragraph 4.

4

Sub-paragraphs (1) to (3) do not limit the powers conferred by paragraphs 2, 3, 4 and 5.

5

In this paragraph “function” includes—

a

an NCA function, and

b

a function of the Secretary of State.

Interpretation

8

Expressions used in this Schedule and in Part 1 of this Act have the same meanings in this Schedule as in that Part.

9

For the purposes of this Schedule, each of the provisions of this Act specified in the following table (including any amendment, repeal or revocation made by such a provision) is a “relevant NCA provision”.

The relevant NCA provisions

Section 3

— subsection (2)(a) so far as it requires consultation with the Department of Justice in Northern Ireland

Section 4

— subsection (6)(a) so far as it requires consultation with the Department of Justice in Northern Ireland

— subsection (7)(b)

— subsection (8)(c)

Section 11

— subsection (8)

Schedule 1

— paragraph 7(1)(b)

— paragraph 8(3)(b)

Schedule 2

— paragraph 5(b)

— paragraph 6(2)(b)(ii), (4) and (5)

— paragraph 8(4) and (5)

Schedule 3

— paragraph 1(2) so far as it imposes a duty on:

  1. a

    a member of the Police Service of Northern Ireland, or

  2. b

    a person operating in Northern Ireland who falls  within paragraph 1(3)(f)

— paragraph 3 so far as it relates to the Chief Constable of the Police Service of Northern Ireland

— paragraph 14

— paragraph 15

— paragraph 25

— paragraph 26(3)(b)

Schedule 5

— paragraph 11(1)(c)

— paragraph 11(6) to (8)

— in paragraph 11(9), the definitions of “Northern Ireland general authorisation” and “Northern Ireland operational authorisation”

— paragraph 13

— in paragraph 30, the definition of “powers and privileges of a Northern Ireland constable”

Schedule 6

— paragraph 19

F1. . .

F1. . .

10

In this Schedule—

  • ancillary” has the meaning given in section 6(3) of the Northern Ireland Act 1998;

  • excepted matter”, “reserved matter” and “transferred matter” have the meanings given by section 4(1) of the Northern Ireland Act 1998.