The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2595 |
| Year | 2012 |
2012 No. 2595
Northern Ireland
Constitutional Law
The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012
Made 17th October 2012
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 17th day of October 2012
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 86(6) of the Northern Ireland Act 19981, 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 86(1), (3A) and (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 (Devolution of Policing and Justice Functions) Order 2012.
(2) This Order shall come into force on the day after the day on which it is made.
Extent
2.—(1) Subject to paragraphs (2) and (3), 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) Article 22(4) extends to Northern Ireland only.
(3) Nothing in this Order extends to a territory outside the United Kingdom.
Transfers of records
3.—(1) All property and liabilities so far as relating to the following records to which a Minister of the Crown or a government department is entitled or subject immediately before the coming into force of this Order are transferred to the Department of Justice—
(a)
(a) written records in respect of a relevant function exercised by—
(i) the Northern Ireland Prison Service,
(ii) the Youth Justice Agency of Northern Ireland,
(iii) Forensic Science Northern Ireland,
(iv) the Northern Ireland Compensation Agency,
which have been provided to the Department of Justice prior to the coming into force of this Order; and
(b)
(b) electronic records in respect of a relevant function which were identified as relevant to the ongoing business of the Department of Justice and provided to that Department before the coming into force of the 2010 Order.
(2) If at any time the Secretary of State is of the opinion that any record referred to in paragraph (1) contains protected information, the Secretary of State may direct that—
(a)
(a) the record (and any copies) be returned to the Northern Ireland Office;
(b)
(b) the record (and any copies) be destroyed or deleted,
and, where a record is returned, the property and liabilities so far as relating to that record are transferred to the person from whom they were transferred under paragraph (1).
(3) The Department of Justice must comply with any directions given by the Secretary of State in accordance with paragraph (2).
(4) Article 22 of the 2010 Order ceases to have effect.
(5) In this article—
“the 2010 Order” means the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 20102;
“the Department of Justice” means the Department of Justice in Northern Ireland;
“government department” means a department of the Government of the United Kingdom;
“relevant function” means—
(a) a function transferred by or by virtue of any provision of this Order to the Department of Justice;
(b) a relevant function as defined in article 3 of the 2010 Order transferred to the Department of Justice or the Minister in charge of that Department by or by virtue of that Order; or
(c) a function which, by virtue of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 is exercisable on Her Majesty’s behalf under section 23(2) of the Northern Ireland Act 1998,
and the cases covered by paragraphs (a) and (c)3 include 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);
“property” includes rights and interests of any description;
“protected information” means information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security; and
“records” means written and electronic records.
Provision consequential on devolution to the Northern Ireland Assembly of legislative power in relation to policing and justice matters
Interpretation Act (Northern Ireland) 1954
4. In section 21(2)(a) of the Interpretation Act (Northern Ireland) 19544(rules regulating procedure of courts and tribunals) for “Treasury” substitute “Department of Finance and Personnel”.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
5. In Article 14(7) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 19815(assessment of disposable capital and income and of maximum contribution) for “Treasury” substitute “Department of Finance and Personnel”.
Judicial Pensions and Retirement Act 1993
6.—(1) Amend section 26 of the Judicial Pensions and Retirement Act 19936(retirement date for holders of certain judicial offices etc) as follows.
(2) In subsection (13) omit “or the Lord Chief Justice of Northern Ireland”.
(3) After subsection (13) insert—
“13A Where the Lord Chief Justice of Northern Ireland is the appropriate person—
(a) in cases where the relevant office is one specified in paragraph 11 of Schedule 2 to the Northern Ireland Act 19987, the concurrence of the Lord Chancellor must be obtained before any function under this section is exercised;
(b) in any other case, the concurrence of the Department of Justice in Northern Ireland must be obtained before any function under this section is exercised.”
Airports (Northern Ireland) Order 1994
7.—(1) Amend Article 19 of the Airports (Northern Ireland) Order 19948(appointment of constables for an airport) as follows.
(2) In paragraph (1) for “Secretary of State” substitute “Department of Justice”.
(3) In paragraph (2) for “Secretary of State” substitute “appropriate authority”.
(4) After paragraph (2) insert—
“2A In this Article “appropriate authority” means—
(a) in relation to conditions which affect an excepted or reserved matter otherwise than incidentally, the Secretary of State; and
(b) otherwise, the Department of Justice;
and for the purposes of this paragraph, “excepted matter” and “reserved matter” have the same meanings as in the Northern Ireland Act 19989.
2B An authorisation under this Article shall not be granted until the Secretary of State has given notice in writing to the Department of Justice—
(a) specifying the conditions of the kind referred to in paragraph (2A)(a) to which the authorisation, if granted, is to be subject; or
(b) declaring that the authorisation, if granted, is not to be subject to any such conditions.”
Registration of Clubs (Northern Ireland) Order 1996
8. In Article 51 of the Registration of Clubs (Northern Ireland) Order 199610(exemptions) after “the authority of” insert “the Department of Justice,”.
Immigration and Asylum Act 1999
9.—(1) Amend the Immigration and Asylum Act 199911as follows.
(2) In section 53(6B)12(applications for bail) after “the Lord Chief Justice of Northern Ireland” insert “and the Department of Justice in Northern Ireland”.
(3) In section 83(2) (which establishes the Immigration Services Commissioner) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”.
(4) In section 8613(designated professional bodies)—
(a)
(a) in subsection (5)(a) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”; and
(b)
(b) for subsection (6) substitute—
“6 Before deciding whether or not to give its approval under subsection (5)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.”
(5) In paragraph 4 of Schedule 514(which sets out the Immigration Services Commissioner’s regulatory functions)—
(a)
(a) in sub-paragraph (3)(a) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”; and
(b)
(b) for sub-paragraph (4) substitute—
“4 Before deciding whether or not to give its approval under sub-paragraph (3)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.”
Northern Ireland Act 1998 (Designation of Public Authorities) Order 2000
10. In the Schedule to the Northern Ireland Act 1998 (Designation of Public Authorities) Order 200015omit “Northern Ireland Court Service.”.
Police (Northern Ireland) Act 2003
11.—(1) Amend the Police (Northern Ireland) Act 200316as follows.
(2) In section 30A(8)17(community support officers) for “Secretary of State” substitute “Department of Justice”.
(3) In section 41(2) (intimate searches) for “Secretary of State” substitute “Department of Justice”.
(4) In section 4418(orders and regulations)—
(a)
(a) in subsection (5) omit “, 41(2)”;
(b)
(b) in subsection (6) after “under this Act” insert “(other than an order under section 41(2))”.
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