PART 2Provision consequential on devolution to the Northern Ireland Assembly of legislative power in relation to policing and justice matters

Functions of the Lord Chancellor etc15.

(1)

The Lord Chancellor’s functions immediately before the coming into force of this Order under the enactments specified in Schedule 17 are transferred to the Department of Justice.

(2)

The Lord Chancellor’s functions immediately before the coming into force of this Order under sections 3(2)(b) and (8)(a), 5A(6) and 19(4) of, and paragraphs 1(2), 2(4), 3, 4(1), 5(6) and 6 of Schedule 2 to, the Justice (Northern Ireland) Act 200213 are transferred to the First Minister and deputy First Minister in Northern Ireland acting jointly.

(3)

The Lord Chancellor’s functions immediately before the coming into force of this Order under paragraphs 1(3), 2(3) and 5(5) of Schedule 2 to the Justice (Northern Ireland) Act 200214 are transferred to the Office of the First Minister and deputy First Minister in Northern Ireland.

(4)

The functions immediately before the coming into force of this Order of the Treasury or the Minister for the Civil Service under the following enactments are transferred to the Department of Finance and Personnel in Northern Ireland—

(a)

sections 2(1), (3) and (4) and 20(1) of the Administration of Justice Act (Northern Ireland) 195415;

(b)

sections 56(2), 75(7) and (9)(c), 79(1), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 197816;

(c)

Article 53 of the County Courts (Northern Ireland) Order 198017;

(d)

Article 141(4) of the Judgments Enforcement (Northern Ireland) Order 198118;

(e)

Article 36(1) and (3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 198119;

(f)

Articles 10(1), 86A(6) and 139(3) of the Magistrates’ Courts (Northern Ireland) Order 198120;

(g)

Article 104(5) of the Mental Health (Northern Ireland) Order 198621;

(h)

Article 28(1) and (3) of the Juries (Northern Ireland) Order 199622;

(i)

Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 199823;

(j)

Articles 11(6)(d) and 21(5)(d) of the Access to Justice (Northern Ireland) Order 200324;

(k)

paragraphs 4(2)(b), (5)(c), (8) and (10) and 5(5)(b), (7) and (9) of Schedule 3 to that Order.

(5)

Schedule 18 (which makes amendments relating to paragraphs (1) to (4) and other functions of the Lord Chancellor etc) has effect.

(6)

The functions transferred by paragraphs (1) to (4) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in Schedule 17 or in paragraphs (2) to (4) to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).