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- Point in Time (01/02/1991)
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Version Superseded: 27/08/1993
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(1)This Act shall extend to Northern Ireland subject to the provisions of this section.
(2)In its application to Northern Ireland, this Act shall have effect subject to the following modifications, that is to say—
[F1(a)except in section sixteen of this Act any reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland, any reference to the Minister of Agriculture, Fisheries and Food shall be construed as a reference to the Department of Agriculture for Northern Ireland and any reference to the Treasury shall be construed as a reference to the Department of Finance and Personnel for Northern Ireland;]
(b)any provision of this Act requiring regulations or orders to be made by statutory instrument shall be construed as a provision that those regulations or orders shall be statutory rules within the meaning of the M1Statutory Rules Act (Northern Ireland) 1958;
(c)any provision of this Act whereby a statutory instrument containing regulations or an order is to be subject to annulment in pursuance of a resolution of either House of Parliament shall be construed as a provision that those regulations or that order shall be subject to negative resolution within the meaning of subsection (6) of section forty-one of the M2Interpretation Act (Northern Ireland) 1954;
(d)any reference to an enactment of the Parliament of the United Kingdom shall be construed as a reference to that enactment as it applies in Northern Ireland;
(e)any reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland;
[F2(f)“local authority” (except where the reference is to a public or local authority) means the council of a county or county borough or an urban or rural district;]
[F2(f)“local authority”, except where the reference is to a public or local authority, means a council of a district established under the Local Government Act (Northern Ireland) 1972;]
(g)any reference to a river board or a local fisheries committee shall be construed as a reference to [F3the Fisheries Conservancy Board for Northern Ireland;]
[F4(h)any reference to statutory water undertakers shall be construed as a reference to a statutory water undertaking within the meaning of the M3Water Supplies and Sewerage Act (Northern Ireland) 1945;]
(i)in section nine of this Act “enactment” includes an enactment of the Parliament of Northern Ireland, “statutory provision” (notwithstanding anything in subsection (6) thereof) shall have the meaning assigned to it by paragraph (f) of section one of the M4Interpretation Act (Northern Ireland) 1954, and in the definition of “local enactment” therein the reference to a local or private Act includes a reference to a local or private Act of the Parliament of Northern Ireland, and the reference to an order confirmed by Parliament includes a reference to an order confirmed by that Parliament;
(j)in subsection (5) of section ten of this Act the references to London shall be construed as references to Northern Ireland.
[F5(k)in section 11A(3) of this Act the reference to section 16 of the Environmental Protection Act 1990 shall be construed as a reference to section 10 of the Alkali & Works Regulation Act 1906;]
[F5(l)section 12(7B) of this Act shall be omitted;]
[F5(m)for section 12B(3) of this Act there shall be substituted– “ (3) Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (provisions as to inquiries) shall apply to inquiries in pursuance of subsection (2) above. ”;]
[F5(n)in section 15A of this Act the reference to each House of Parliament shall be construed as a reference to the Northern Ireland Assembly:]
[F5(o)any reference to the Crown shall be construed as including a reference to the Crown in right of Her Majesty’s Government in Northern Ireland]
(3)Proceedings in respect of any offence under this Act shall not be instituted in Northern Ireland except by the Minister of Health and Local Government for Northern Ireland or by or with the consent of the Attorney General for Northern Ireland.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F1S. 21(2) paragraph (a) substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 20(a)(i)
F2S. 21(2)(f) containing reference to “Local Government Act (Northern Ireland) 1972” substituted for section 21(2)(f) for Northern Ireland by S.R. & O. (N.I.) 1973/285, Sch.
F3Words substituted by Fisheries Act (Northern Ireland) 1966 (c. 17), s. 210, Sch. 7
F4S. 21(2)(h) is repealed for Northern Ireland by S.I. 1973/70 (N.I. 2), art. 60(2), Sch. 4
F5S. 21(2)(k)–(o) added by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 20(a)(ii)
F6S. 21(4) repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 105, 162(2), Sch. 5 para. 20(b), Sch. 16 Pt. V
Modifications etc. (not altering text)
C1Functions of Ministry of Health and Local Government for Northern Ireland now exercisable by Department of the Environment for Northern Ireland, S.R. & O.(N.I.), 1964 No. 205, 1965 No. 13, 1972 No. 111, 1973 No. 504 and Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1).
C2Functions of Ministry of Commerce for Northern Ireland now exercisable by Department of Agriculture for Northern Ireland, S.R. & O.(N.I.) 1963 No. 77 and Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)
C3S. 21(2) amended (N.I.) by Fisheries Act (Northern Ireland) 1966 (c. 17), Sch. 7, S.R. & O.(N.I.) 1973 No. 285 and S.I. 1973/70 (N.I.2), Sch. 4
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