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

JurisdictionUK Non-devolved
CitationSI 2010/976

2010 No. 976

Northern Ireland

Constitutional Law

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

A draft of this Order has been approved by resolution of each House of Parliament:

Her Majesty, in exercise of the powers conferred by sections 86 and 86A of the Northern Ireland Act 19981, is pleased, by and with the advice of Her Privy Council, to order as follows:

1 Introductory

PART 1

Introductory

Title and commencement
S-1 Title and commencement

Title and commencement

1.—(1) This Order may be cited as the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

(2) This Order shall come into force on the day on which the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 20102(which devolves to the Northern Ireland Assembly legislative power in relation to policing and justice matters) comes into force.

Extent
S-2 Extent

Extent

2.—(1) Subject to paragraph (2), an amendment or repeal contained in this Order has the same extent as the enactment or instrument or relevant part of the enactment or instrument to which the amendment or repeal relates.

(2) Nothing in this Order extends to a territory outside the United Kingdom.

Definitions
S-3 Definitions

Definitions

3. In this Order—

“the Department of Justice” means the Department of Justice in Northern Ireland;

“instrument” includes (in particular) Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, codes, guidance, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, warrants, certificates, deeds and other documents;

“property” includes rights and interests of any description;

“records” includes written records and records conveying information by any other means;

“relevant function” means—

(a) a function transferred by article 4(1), 15(1) to (4) or 17(2), or

(b) a function transferred by or by virtue of any provision of Schedules 2 to 19,

and the cases covered by paragraphs (a) and (b) include (in particular) cases where the function transferred was part of a larger function (for example, where a function that is exercisable in relation to England and Wales and Northern Ireland is transferred so far as it is exercisable in relation to Northern Ireland);

“relevant property or liability” means any property or liability transferred by article 18;

“transferor” and “transferee”, in relation to a relevant function or any relevant property or liability, mean respectively—

(a) the person from whom the function or property or liability is transferred, and

(b) the person to whom the function or property or liability is transferred.

2 Provision consequential on devolution to the Northern Ireland Assembly of legislative power in relation to policing and justice matters

PART 2

Provision consequential on devolution to the Northern Ireland Assembly of legislative power in relation to policing and justice matters

Transfer of certain policing and justice functions
S-4 Transfer of certain policing and justice functions

Transfer of certain policing and justice functions

4.—(1) The Secretary of State’s functions immediately before the coming into force of this Order under the enactments specified in Schedule 1 are transferred to the Department of Justice.

(2) The functions transferred by paragraph (1) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in Schedule 1 to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

(3) Schedule 2 (which makes amendments to enactments specified in Schedule 1 etc) has effect.

Functions relating to policing
S-5 Functions relating to policing

Functions relating to policing

5. Schedule 3 (which makes amendments relating to policing) has effect.

Functions relating to the treatment of offenders
S-6 Functions relating to the treatment of offenders

Functions relating to the treatment of offenders

6.—(1) Schedule 4 (which makes amendments relating to prisons) has effect.

(2) Schedule 5 (which makes amendments relating to the release of prisoners on licence) has effect.

(3) Schedule 6 (which makes amendments relating to miscarriages of justice and the Royal prerogative of mercy) has effect.

(4) Schedule 7 (which amends the Criminal Justice and Public Order Act 19943) has effect.

(5) Schedule 8 (which amends the Repatriation of Prisoners Act 19844and the Crime (Sentences) Act 19975) has effect.

Functions under the Corporate Manslaughter and Corporate Homicide Act 2007
S-7 Functions under the Corporate Manslaughter and Corporate Homicide Act 2007

Functions under the Corporate Manslaughter and Corporate Homicide Act 2007

7. Schedule 9 (which amends the Corporate Manslaughter and Corporate Homicide Act 20076) has effect.

Functions under the Serious Crime Act 2007
S-8 Functions under the Serious Crime Act 2007

Functions under the Serious Crime Act 2007

8. Schedule 10 (which amends the Serious Crime Act 20077) has effect.

Functions relating to firearms
S-9 Functions relating to firearms

Functions relating to firearms

9. Schedule 11 (which amends the Firearms (Northern Ireland) Order 20048and the Violent Crime Reduction Act 20069) has effect.

Functions relating to explosives
S-10 Functions relating to explosives

Functions relating to explosives

10. Schedule 12 (which makes provision in relation to explosives) has effect.

Functions under the Justice (Northern Ireland) Act 2002
S-11 Functions under the Justice (Northern Ireland) Act 2002

Functions under the Justice (Northern Ireland) Act 2002

11. Schedule 13 (which amends the Justice (Northern Ireland) Act 200210) has effect.

Functions relating to criminal justice
S-12 Functions relating to criminal justice

Functions relating to criminal justice

12. Schedule 14 (which makes amendments relating to criminal justice) has effect.

Functions under the Serious Organised Crime and Police Act 2005
S-13 Functions under the Serious Organised Crime and Police Act 2005

Functions under the Serious Organised Crime and Police Act 2005

13. Schedule 15 (which amends the Serious Organised Crime and Police Act 200511) has effect.

Functions relating to the private security industry
S-14 Functions relating to the private security industry

Functions relating to the private security industry

14. Schedule 16 (which amends the Private Security Industry Act 200112) has effect.

Functions of the Lord Chancellor etc
S-15 Functions of the Lord Chancellor etc

Functions of the Lord Chancellor etc

15.—(1) The Lord Chancellor’s functions immediately before the coming into force of this Order under the enactments specified in Schedule 17 are transferred to the Department of Justice.

(2) The Lord Chancellor’s functions immediately before the coming into force of this Order under sections 3(2)(b) and (8)(a), 5A(6) and 19(4) of, and paragraphs 1(2), 2(4), 3, 4(1), 5(6) and 6 of Schedule 2 to, the Justice (Northern Ireland) Act 200213are transferred to the First Minister and deputy First Minister in Northern Ireland acting jointly.

(3) The Lord Chancellor’s functions immediately before the coming into force of this Order under paragraphs 1(3), 2(3) and 5(5) of Schedule 2 to the Justice (Northern Ireland) Act 200214are transferred to the Office of the First Minister and deputy First Minister in Northern Ireland.

(4) The functions immediately before the coming into force of this Order of the Treasury or the Minister for the Civil Service under the following enactments are transferred to the Department of Finance and Personnel in Northern Ireland—

(a)

(a) sections 2(1), (3) and (4) and 20(1) of the Administration of Justice Act (Northern Ireland) 195415;

(b)

(b) sections 56(2), 75(7) and (9)(c), 79(1), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 197816;

(c)

(c) Article 53 of the County Courts (Northern Ireland) Order 198017;

(d)

(d) Article 141(4) of the Judgments Enforcement (Northern Ireland) Order 198118;

(e)

(e) Article 36(1) and (3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 198119;

(f)

(f) Articles 10(1), 86A(6) and 139(3) of the Magistrates’ Courts (Northern Ireland) Order 198120;

(g)

(g) Article 104(5) of the Mental Health (Northern Ireland) Order 198621;

(h)

(h) Article 28(1) and (3) of the Juries (Northern Ireland) Order 199622;

(i)

(i) Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 199823;

(j)

(j) Articles 11(6)(d) and 21(5)(d) of the Access to Justice (Northern Ireland) Order 200324;

(k)

(k) paragraphs 4(2)(b), (5)(c), (8) and (10) and 5(5)(b), (7) and (9) of Schedule 3 to that Order.

(5) Schedule 18 (which makes amendments relating to paragraphs (1) to (4) and other functions of the Lord Chancellor etc) has effect.

(6) The functions transferred by paragraphs (1) to (4) include functions under any provision not yet in force at the time immediately before the coming into force of this Order (and a reference in Schedule 17 or in paragraphs (2) to (4) to an enactment includes a reference to the enactment as amended by any provision of an enactment or instrument passed or made before that time, but not yet in force).

Public bodies etc
S-16 Public bodies etc

Public bodies etc

16. Schedule 19 (which makes amendments relating to public bodies etc) has effect.

Functions under subordinate legislation and other instruments
S-17 Functions under subordinate legislation and other instruments

Functions under subordinate legislation and other instruments

17.—(1) This article applies in relation to a relevant function.

(2) The transferor’s functions immediately before the coming...

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