PART 2Final provisions
96Procedure for certain orders made by a Northern Ireland department
(1)
An order made by a Northern Ireland department under section 90(1) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(2)
An order made by a Northern Ireland department under section 90(2) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
(3)
An order made by a Northern Ireland department under section 91(1) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
(4)
An order under section 92 made by a Northern Ireland department—
(a)
if the order only provides for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954;
(b)
otherwise, must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
(5)
Subsection (2), (3) or (4)(b) does not apply if a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(6)
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
(7)
An order laid before the Northern Ireland Assembly by virtue of subsection (2), (3) or (4)(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.
(8)
In calculating the period of 40 days, no account is to be taken of any time during which the Northern Ireland Assembly is—
(a)
dissolved,
(b)
in recess for more than 4 days, or
(c)
adjourned for more than 6 days.
(9)
Where an order ceases to have effect as a result of subsection (7) that does not—
(a)
affect anything previously done under or by virtue of the order, or
(b)
prevent the making of a new order.