SCHEDULES

SCHEDULE 13Amendments of the Justice (Northern Ireland) Act 2002

23

In section 90293 (statutory rules) (as amended by the Northern Ireland Act 2009294 and the Department of Justice Act (Northern Ireland) 2010295)—

a

for subsection (1A) substitute—

1A

No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b), 9(4), 19(4)(b), 46(6)(a) or (b) or 72(1), (3), (7) or (8) shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

1B

Section 41(3) of the Interpretation Act (Northern Ireland) 1954296 applies for the purposes of subsection (1A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

b

in subsection (4) for the words from “section” to “78” substitute “section 78”;

c

in subsection (5)—

i

in paragraph (a) omit “28(2),”;

ii

for the words from “each House of Parliament” to “accordingly” substitute “the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954297)”;

d

after subsection (5) insert—

6

An order under section 28(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946298 applies accordingly.