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

35.  After section 64 insert— U.K.

“64A    Secretary of State’s power to make regulations

(1) The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with—

(a) excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998(1));

(b) matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

(2) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of—

(a) the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000(2), or

(b) a person appointed under Part 4 of that Act,

the Ombudsman shall not investigate it.

(3) Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.

(4) Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c).

(5) Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.”

Commencement Information

I1 Sch. 3 para. 35 in force at 12.4.2010, see art. 1(2)

(1)

1998 c. 47. There are amendments to section 4, but none are relevant.

(2)

2000 c. 23.