The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

19.—(1) Persons who are members of the Northern Ireland Court Service immediately before its abolition are transferred to the Northern Ireland Civil Service to be employed in the Department of Justice.

(2) Persons—

(a) to whom this paragraph applies, and

(b) who are members of the Northern Ireland Civil Service holding positions in the Northern Ireland Office immediately before the coming into force of this Order,

are transferred to be employed in the Department of Justice.

(3) Paragraph (2) applies to a person if, after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State—

(a) determined that the person’s duties in the Northern Ireland Office related wholly or mainly to functions within article 18(1)(a) to (c), and

(b) notified the person in writing that the person would transfer to the Department of Justice on the coming into force of this Order.

(4) Persons—

(a) to whom this paragraph applies, and

(b) who, immediately before 12 October 2010, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

(5) Paragraph (4) applies to a person if—

(a) immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

(b) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties as a civil servant related wholly or mainly to functions within article 18(1)(a) to (c), and

(c) after the coming into force of this Order but before 12 October 2010—

(i) the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 October 2010, and

(ii) the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 October 2010.

(6) Persons—

(a) to whom this paragraph applies, and

(b) who, immediately before 12 April 2011, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

(7) Paragraph (6) applies to a person if—

(a) immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

(b) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties as a civil servant related wholly or mainly to functions within article 18(1)(a) to (c), and

(c) after the coming into force of this Order but before 12 April 2011—

(i) the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 April 2011, and

(ii) the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 April 2011.

(8) Persons—

(a) to whom this paragraph applies, and

(b) who, immediately before 12 April 2012, are civil servants (but not members of the Northern Ireland Civil Service) holding positions in the Department of Justice in accordance with arrangements made between the Secretary of State and the Department of Justice,

transfer on that date to the Northern Ireland Civil Service to be employed in the Department of Justice.

(9) Paragraph (8) applies to a person if—

(a) immediately before the coming into force of this Order the person is a civil servant (but not a member of the Northern Ireland Civil Service),

(b) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties as a civil servant related wholly or mainly to functions within article 18(1)(a) to (c), and

(c) after the coming into force of this Order but before 12 April 2012—

(i) the person notifies the Secretary of State and the Department of Justice in writing that the person agrees to transfer to the Northern Ireland Civil Service on 12 April 2012, and

(ii) the Secretary of State, with the agreement of the Department of Justice, notifies the person in writing that the person is to transfer to the Northern Ireland Civil Service on 12 April 2012.

(10) Paragraph (11) applies if—

(a) in accordance with arrangements made between the Secretary of State and the Department of Justice, a person who is a civil servant (but not a member of the Northern Ireland Civil Service) is holding a position in the Department of Justice at any time after the coming into force of this Order,

(b) immediately before the coming into force of this Order the person was a member of the Senior Civil Service (and not the Northern Ireland Senior Civil Service), and

(c) after a draft of this Order was laid before Parliament but before the coming into force of this Order, the Secretary of State determined that the person’s duties in the Senior Civil Service related wholly or mainly to functions within article 18(1)(a) to (c).

(11) While the person is holding the position in the Department of Justice, the Departments (Northern Ireland) Order 1999(1) has effect as if the person were a member of the Northern Ireland Senior Civil Service employed in the Department of Justice and, accordingly, the person is to be treated for the purposes of that Order as if the person were a senior officer of the Department of Justice.

(12) Paragraph (11) ceases to have effect on 12 April 2012.

(13) The Transfer of Undertakings (Protection of Employment) Regulations 2006(2) apply to a transfer by this article whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those Regulations.

Commencement Information

I1 Art. 19 in force at 12.4.2010, see art. 1(2)

(1)

S.I. 1999/283 (N.I. 1). A reference to the Department of Justice is inserted into Schedule 1 by section 1(3) of the Department of Justice Act (Northern Ireland) 2010 (c. 3) (N.I.).

(2)

S.I. 2006/246.