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

101.—(1) Amend section 176 (orders etc) as follows. U.K.

(2) After subsection (2) insert—

“(2A) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(1).”

(3) After subsection (6) insert—

“(7) No order may be made under this Act by the Department of Justice in Northern Ireland unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(8) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(9) Subsection (7) does not apply to the making by the Department of Justice of—

(a) an order under section 177 which does not contain any provision amending or repealing any provision of an Act;

(b) an order under section 182;

and an order within paragraph (a) above made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(2)).”

Commencement Information

I1 Sch. 14 para. 101 in force at 12.4.2010, see art. 1(2)

(1)

S.I. 1979/1573 (N.I. 12).

(2)

Section 41(6) was amended by S.I. 1999/663.