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

This section has no associated Explanatory Memorandum

38.—(1) Amend section 72(1) (orders and regulations) as follows.U.K.

(2) In subsection (1) before “the Secretary of State” insert “the Department of Justice or”.

(3) In subsection (2) after “appear to” insert “the Department of Justice or (as the case may be)”.

(4) In subsection (2A) for “Treasury” substitute “Department of Finance and Personnel”.

(5) In subsection (4)—

(a)for “A statutory rule” substitute “An order or regulations”;

(b)omit “one containing”;

(c)for the words from “shall be” to “accordingly” substitute—

(a)if made by the Department of Justice, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(2));

(b)if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946(3) shall apply accordingly..

Commencement Information

I1Sch. 3 para. 38 in force at 12.4.2010, see art. 1(2)

(1)

Section 72 was amended by Schedule 6 to the Police (Northern Ireland) Act 2000 (c. 32).

(2)

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