The Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/977 |
2010 No. 977
Northern Ireland
Constitutional Law
The Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010
Made 31th March 2010
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 31st day of March 2010
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 4(2A) of the Northern Ireland Act 19981, a motion for a resolution praying that certain matters falling within paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3 to that Act should cease to be reserved matters has been tabled by the First Minister and the deputy First Minister acting jointly, and has been passed by the Northern Ireland Assembly with the support of a majority of the members voting on the motion, a majority of the designated Nationalists voting and a majority of the designated Unionists voting;
A draft of this Order has been approved by resolution of each House of Parliament:
Her Majesty, in exercise of the powers conferred by section 4(4) of the Northern Ireland Act 1998, is pleased, by and with the advice of Her Privy Council, to order as follows:—
Title and commencement
1.—(1) This Order may be cited as the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010.
(2) This Order shall come into force on 12th April 2010.
Amendment of Schedule 3: policing and justice matters
2. Schedule 3 to the Northern Ireland Act 1998 (reserved matters) is amended as follows.
Prevention and detection of crime, public order, prisons, policing etc
3. For paragraph 92substitute—
“9.—(1) The following matters—
(a)
(a) the subject-matter of the following provisions of the Regulation of Investigatory Powers Act 20003—
(i) Chapter 1 of Part 1, so far as relating to the prevention or detection of serious crime (within the meaning of that Act), and
(ii) so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder—
(aa) Chapter 2 of Part 1, and
(bb) Parts 2 and 3;
(b)
(b) in relation to the prevention or detection of crime, the subject-matter of Part 3 of the Police Act 19974;
(c)
(c) the operation of—
(i) sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 20075, and
(ii) section 102 of, and Schedule 12 to, the Terrorism Act 20006;
(d)
(d) in relation to terrorism, the exercise of the Royal prerogative of mercy;
(e)
(e) the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 19967where a certificate under section 1 of the 2007 Act has been issued;
(f)
(f) in relation to the regulation of drugs or other substances through the criminal law (including offences, exceptions to offences, penalties, powers of arrest and detention, prosecutions and the treatment of offenders) or otherwise in relation to the prevention or detection of crime—
(i) the subject-matter of the Misuse of Drugs Act 19718;
(ii) the subject-matter of sections 12 and 13 of the Criminal Justice (International Co-operation) Act 19909;
(g)
(g) the Serious Organised Crime Agency;
(h)
(h) in relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.
(2) In sub-paragraph (1)(h) “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.
(3) This paragraph does not include any excepted matters or any matter within paragraph 10 of this Schedule.”
4. For paragraph 10 substitute—
“10.—(1) The subject-matter of the Public Processions (Northern Ireland) Act 199810.
(2) In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).
(3) This paragraph does not include any matter within paragraph 17 of Schedule 2.”
5. For paragraph 11 substitute—
“11. The operation of the temporary provisions, as defined in section 47 of the Police (Northern Ireland) Act 200011.”
6. Omit paragraph 11A12(co-operation between the Police Service of Northern Ireland and Garda Síochána with respect to certain matters).
Firearms and explosives
7. For paragraph 12 substitute—
“12.—(1) Items for the time being specified in Article 45(1) or (2) of the Firearms (Northern Ireland) Order 200413; and the subject-matter of Article 45(10) of that Order.
(2) The security of explosives, including—
(a)
(a) the prevention of loss or theft of explosives,
(b)
(b) the prevention of the use of explosives for wrongful purposes, and
(c)
(c) the detection, identification and traceability of explosives.
This sub-paragraph does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 197014.”
Justice etc
8.—(1) Omit paragraph 9A15(the Chief Inspector of Criminal Justice in Northern Ireland).
(2) Omit paragraph 14A16(rights of appeal to the Supreme Court, and legal aid for such appeals).
(3) Omit paragraph 1517(matters relating to the courts).
(4) Omit paragraph 15A18(the Northern Ireland Law Commission).
(5) Omit paragraph 17 (the Social Security Commissioners and Child Support Commissioners for Northern Ireland).
Judith Simpson
Clerk of the Privy Council
EXPLANATORY NOTE
(This note is not part of the Order)
Schedule 3 to the Northern Ireland Act 1998 (c. 47)lists the matters which are “reserved matters” for the purposes of that Act.
On 9 March 2010, the Northern Ireland Assembly passed a resolution praying that certain policing and justice matters (as defined in section 4(6) of that Act) should cease to be reserved matters and...
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