Northern Ireland Act 2009

JurisdictionUK Non-devolved
Citation2009 c. 3
Year2009
  • Schedule 1 (Northern Ireland department with policing and justice functions) has effect.
  • (1) For sections 12 and 12B of the Judicature (Northern Ireland) Act 1978 (c. 23) substitute the sections 12 to 12C set out in Schedule 2.(2) The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in Schedule 3.(3) Schedule 4 (which transfers appointment and other related functions from the Lord Chancellor to the Northern Ireland Judicial Appointments Commission etc) has effect.(4) Schedule 5 (which contains consequential amendments and transitional provision) has effect.(5) Schedule 6 (which makes provision for reviewing arrangements for judicial appointments and removals etc) has effect.for “Attorney General” substitute “ relevant authority ”, andat the end insert
      ; and for this purpose “relevant authority” means—
    • (a) in relation to cases in which national security or terrorism is involved, the Advocate General for Northern Ireland;
    • (b) in relation to other cases, the Attorney General for Northern Ireland.
    in relation to cases in which national security or terrorism is involved, the Advocate General for Northern Ireland;in relation to other cases, the Attorney General for Northern Ireland.(2) After section 30 of the Justice (Northern Ireland) Act 2002 (c. 26) insert—
      (30A) Corporation sole etc
    • “(1) The Director of Public Prosecutions for Northern Ireland is a corporation sole.
    • (2) The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.
    • (3) An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.
    The Director of Public Prosecutions for Northern Ireland is a corporation sole.The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.(1) Section 86 of the Northern Ireland Act 1998 (c. 47) is amended as follows.(2) In subsections (2) (a) and (3) (a) for “(whether by virtue of an Order under section 4 or otherwise) ” substitute “ other than by virtue of an Order under section 4.(3) After subsection (3) insert—
    • “(3A) An Order under subsection (1) in relation to an Order under section 4 may make provision doing any of the following—
    • (a) transferring to a United Kingdom authority, with effect from any date specified in the Order under subsection (1) , any function which immediately before that date is exercisable by a Northern Ireland authority;
    • (b) transferring to a Northern Ireland authority, with effect from any date specified in the Order under subsection (1) , any function which immediately before that date is exercisable by a United Kingdom authority;
    • (c) conferring a function on a United Kingdom authority or a Northern Ireland authority;
    • (d) removing a function from a United Kingdom authority or a Northern Ireland authority.
    transferring to a United Kingdom authority, with effect from any date specified in the Order under subsection (1) , any function which immediately before that date is exercisable by a Northern Ireland authority;transferring to a Northern Ireland authority, with effect from any date specified in the Order under subsection (1) , any function which immediately before that date is exercisable by a United Kingdom authority;conferring a function on a United Kingdom authority or a Northern Ireland authority;removing a function from a United Kingdom authority or a Northern Ireland authority.(1) This Act may be cited as the Northern Ireland Act 2009.(2) An amendment or repeal contained in this Act has the same extent as the enactment or instrument or relevant part of the enactment or instrument to which the amendment or repeal relates.(3) The Secretary of State may by order made by statutory instrument make supplementary, incidental or consequential provision for the purposes of, in consequence of or for giving full effect to any

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