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

16.—(1) Amend paragraph 5 (defences to offence under paragraph 4) as follows.

(2) In sub-paragraph (2)(e) for “Secretary of State” substitute “appropriate authority”.

(3) After sub-paragraph (2) insert—

“(2A) In sub-paragraph (2)(e) “the appropriate authority” means—

(a) in relation to the offence under paragraph 4(1)(a), (b) or (c), the Department of Justice;

(b) in relation to the offence under paragraph 4(1)(d), the Secretary of State.”

(4) After sub-paragraph (4) insert—

“(4A) The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(4B) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.

(4C) Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(1)).”

(1)

1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.