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

83.  In section 76(1) (orders and regulations)—

(a) in subsection (1) after “Secretary of State” insert “, the Minister of Justice or the Department of Justice”;

(b) in subsection (2)—

(i) for “Orders” substitute “An order”, and

(ii) in paragraph (b) for “Secretary of State” substitute “person making the order or regulations”;

(c) in subsection (3) for “and (2)” substitute “, (2) and (6)”;

(d) in subsection (4) omit “or 54”;

(e) after subsection (4) insert—

“(4A) No regulations may be made under section 54 unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(4B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954(2) applies for the purposes of subsection (4A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.”;

(f) in subsection (5) after “made” (where it occurs first) insert “by the Secretary of State”; and

(g) after subsection (5) insert—

“(6) An order or regulations made by the Minister of Justice or the Department of Justice under this Act (other than regulations under section 54) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).”

(1)

Section 76 was amended by S.I. 2001/2513 (N.I. 3).

(2)

1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.