Northern Ireland (Modification of Enactments - No. 1) Order 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/2163 |
| Year | 1973 |
1973 No. 2163
NORTHERN IRELAND
The Northern Ireland (Modification of Enactments—No. 1) Order 1973
Made 19th December 1973
Coming into Operation 1st January 1974
At the Court at Buckingham Palace, the 19th day of December 1973
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by sections 39 and 41(2) of the Northern Ireland Constitution Act 1973, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, interpretation and commencement
1.—(1) This Order may be cited as the Northern Ireland (Modification of Enactments—No. 1) Order 1973 and shall come into operation on the appointed day.
(2) In this Order, unless the contrary intention appears—
“” means
“” means
“” means
“”
“” means1
“” means
“”
“” means2
“” and “” respectively mean
(3) Any reference in this Order to any enactment is a reference to that enactment as amended by, and includes a reference to that enactment as extended or applied by, any other enactment.
(4) In this Order, any reference to an enactment is a reference to that enactment as it has effect in Northern Ireland.
(5) In this Order any reference to an instrument made under an enactment includes a reference to an instrument having effect under that enactment.
(6) Any reference in Schedule 5 to any provision is a reference to that provision as it would have had effect if Schedule 5 to the Constitution Act had not been enacted.
(7) In this Order, unless the context otherwise requires, any reference to a numbered Article, Schedule or paragraph is a reference to the Article, Schedule or paragraph bearing that number in this Order or in the Article in question, as the case may require.
(8) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
(9) Except so far as it repeals any provision of the House of Commons Disqualification Act 1957 in its application to the House of Commons of the United Kingdom, this Order extends to Northern Ireland only.
Transfer of certain functions to Secretary of State
2.—(1) Subject to Article 3, the functions, immediately before the appointed day, of the Minister or Ministry of Home Affairs for Northern Ireland under the enactments specified in Schedule 1 and under any instrument made under any such enactment are hereby transferred to the Secretary of State.
(2) The Secretary of State, as well as the Department of Home Affairs, may exercise functions under sections 147, 167 and 168 of the Children and Young Persons Act (Northern Ireland) 1968.
(3) The functions, immediately before the appointed day, of the Ministry of Commerce for Northern Ireland under section 59 of the Explosives Act 1875 are hereby transferred to the Secretary of State.
(4) The Secretary of State, as well as a head of a Northern Ireland department, may exercise functions under section 11(3) of the Parliamentary Commissioner Act (Northern Ireland) 1969 and section 12(3) of the Commissioner for Complaints Act (Northern Ireland) 1969.
(5) The functions, immediately before the appointed day, of the Privy Council of Northern Ireland are hereby transferred to the Secretary of State.
Transfer of functions relating to appointment of judges and other judicial matters
3.—(1) The functions, immediately before the appointed day, of the Minister or Ministry of Home Affairs for Northern Ireland under the enactments specified in Schedule 2 and under any instrument made under any such enactment are hereby transferred to the Lord Chancellor.
(2) Any reference in the enactments specified in Schedule 2 and in any instrument made under any such enactment to the Governor of Northern Ireland, as respects functions to be discharged by him, shall be construed as a reference to the Lord Chancellor.
Transfer of functions in relation to death duties, stamp duties and certain excise duties
4.—(1) Except as otherwise expressly provided in this Order, the functions, immediately before the appointed day, of the Minister or Ministry of Finance for Northern Ireland under any enactment relating to death duty or stamp duty are hereby transferred to the Commissioners of Inland Revenue.
(2) The functions, immediately before the appointed day, of the Minister or Ministry of Finance for Northern Ireland under the Customs and Excise Act 1952 and under any enactment relating to general betting duty, pool betting duty or duty on gaming machine licences are hereby transferred to the Commissioners of Customs and Excise.
(3) The power to make regulations under Schedule 2 or Part III of Schedule 3 to the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of the House of Commons, and the Statutory Instruments Act 1946 shall apply accordingly.
(4) In paragraph (1) “”
Transfer of functions relating to certain financial matters
5.—(1) The following functions, immediately before the appointed day, of the Minister or Ministry of Finance for Northern Ireland under the enactments specified in Schedule 1 and 2 and under any instrument made under any such enactment are hereby transferred to the Minister for the Civil Service:—
(a)
(a) functions with respect to the appointment or employment (including determination of numbers) of any persons or to their continuation in or removal from office or employment;
(b)
(b) functions with respect to the determination of remuneration and the times of paying it or to the determination of conditions of service, personal expenses or allowances;
(c)
(c) functions with respect to pensions, allowances, gratuities and other like benefits payable to or in respect of any persons.
(2) The other functions, immediately before the appointed day, of the Minister or Ministry of Finance for Northern Ireland under those enactments and instruments are hereby transferred to the Treasury.
(3) The functions, immediately before the appointed day, of the Minister or Ministry of Finance for Northern Ireland under the enactments specified in Schedule 3 are hereby transferred to the Treasury.
(4) The functions, immediately before the appointed day, of the Ministry of Finance for Northern Ireland under subsection (2) of section 1 of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 are hereby transferred to the Minister for the Civil Service as respects an office such as is mentioned in subsection (4) of that section to which an enactment mentioned in paragraph (a) or (b) of that subsection applies.
Transfer of functions relating to Comptroller and Auditor General for Northern Ireland and amendment of certain enactments relating to accounts, etc
6.—(1) The functions, immediately before the appointed day, of the Comptroller and Auditor General for Northern Ireland under the enactments specified in Schedule 4 are hereby transferred to the Comptroller and Auditor General in so far as those functions relate to accounts or statements as respects any period falling after the appointed day.
(2) A clerk of the Crown and peace shall keep the accounts referred to in section 101 of the County Courts Act (Northern Ireland) 1959 separately in relation to so much of the financial year ending in 1974 as relates to the period ending with the appointed day and as relates to the period beginning with the appointed day and ending with the expiration of that financial year.
(3) In section 12 of the Legal Aid and Advice Act (Northern Ireland) 1965 any reference to a financial year shall be construed, in relation to the financial year ending in 1974, as a reference to the period between the beginning of that financial year and ending immediately before the appointed day and the period beginning with that day and ending with the expiration of that financial year.
(4) In section 7 of the Judgments (Enforcement) Act (Northern Ireland) 1969 any reference to a financial year (except the first reference in subsection (4)) shall be construed, in relation to the financial year ending in 1974, as a reference to the period between the beginning of that year and ending immediately before the appointed day and the period beginning with that day and ending with the expiration of that financial year.
(5) In section 29 of the Police Act (Northern Ireland) 1970 the reference to a financial year shall be construed, in relation to the financial year ending in 1974, as a reference to the period between the beginning of that year and ending immediately before the appointed day and the period beginning with that day and ending with the expiration of that financial year.
(6) The Comptroller and Auditor General for Northern Ireland or, as the case may be, a Northern Ireland department shall not lay before the Assembly—
(a)
(a) a statement (or a report relating thereto) mentioned in section 12(5) of the Legal Aid and Advice Act (Northern Ireland) 1965;
(b)
(b) a statement mentioned in section 7 of the Judgments (Enforcement) Act (Northern Ireland) 1969;
(c)
(c) copies of the statements mentioned in section 29 of the Police Act (Northern Ireland) 1970;
(d)
(d) copies of the accounts and reports mentioned in section 3 of the Northern Ireland (Financial Provisions) Act...
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