- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
31. Amend the Administration of Justice Act 1982(1) as follows.
32. In section 25 (regulations as to deposit and registration of wills)—
(a)in subsection (6) for the words from “Parliament” to “accordingly” substitute “the Northern Ireland Assembly after being made”;
(b)after subsection (6) insert—
“(6A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954(2) applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.”;
(c)in subsection (7) omit “or (c)”.
33. In section 46 (procedure for making regulations etc)—
(a)at the end of subsection (1) insert “(subject to subsection (1A))”;
(b)after subsection (1) insert—
“(1A) Where the power is exercisable by a Northern Ireland department it shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(3) subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(4)).”
34.—(1) After section 48 insert—
(1) In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.
(2) For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.
(3) For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.
(4) For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.
(5) For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.
(6) For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.
(7) For section 42(5) substitute—
“(5) Shares in a common investment fund—
(a)shall be allotted to and held by the Accountant General of the Court of Judicature of Northern Ireland, and
(b)may be allotted to and held by any other person authorised by the Department of Justice in Northern Ireland.”
(8) For section 45(3) substitute—
“(3) The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before the Northern Ireland Assembly.
(3A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of accounts or a report as it applies in relation to the laying of a statutory document under an enactment.””
(2) The following provisions of section 48A (as inserted by sub-paragraph (1) above) do not apply in relation to any accounts that are, in accordance with a direction under section 45(2) given before the coming into force of this Order, required to be prepared for any period ending before the coming into force of this Order—
(a)subsection (3) so far as it applies for the purposes of section 45;
(b)subsections (6) and (8).
1982 c.53; to which there are amendments not relevant to this Schedule.
1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.
1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: