SCHEDULES
SCHEDULE 24The NCA: Northern Ireland
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.
Consent of Northern Ireland Assembly to transferred provision
6
1
The Secretary of State may not make an order under this Schedule which makes transferred provision unless the Northern Ireland Assembly consents to the making of that provision.
2
In this paragraph “transferred provision” means provision which, if it were contained in an Act of the Northern Ireland Assembly—
a
would be within the legislative competence of the Assembly, and
b
would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted matter or reserved matter.
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”.
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:
— 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.