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The Criminal Justice (Northern Ireland Consequential Amendments) Order 2008

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2008, ISBN 9780110810317

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under section 84(4) of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament. The draft Order is consequential on the draft Criminal Justice (Northern Ireland) Order 2008. It is proposed that both Orders will, if approved by Parliament, be presented for making at the same meeting of the Privy Council.

Northern Ireland

Made 2008

Coming into operation in accordance with Article 1(2)

At the Court at Buckingham Palace, the *** day of ***2008

Present,

The Queen’s Most Excellent Majesty in Council

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

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 84(2) of the Northern Ireland Act 1998 (c. 47), by and with the advice of Her Privy Council, orders as follows:—

Contents

  1. 1Title, commencement and extent
  2. 2Amendment of the House of Commons Disqualification Act 1975
  3. 3Amendment of the Crime (Sentences) Act 1997
  4. 4Amendment of the Freedom of Information Act 2000
  5. 5Amendment of the International Criminal Court Act 2001
  6. Signature
  7. Explanatory note

1Title, commencement and extent

(1)

This Order may be cited as the Criminal Justice (Northern Ireland Consequential Amendments) Order 2008.

(2)

This Order comes into force on the day appointed under Article 1(4) of the Criminal Justice (Northern Ireland) Order 2008 for the coming into operation of Chapter 3 of Part 2 of that Order.

(3)

This Order extends to the whole of the United Kingdom.

2Amendment of the House of Commons Disqualification Act 1975

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices)—

(a)

omit the entry relating to the Life Sentence Review Commissioners; and

(b)

at the appropriate place insert—

  • “Parole Commissioner for Northern Ireland”.

3Amendment of the Crime (Sentences) Act 1997

(1)

The Crime (Sentences) Act 1997 (c. 43) is amended as follows.

(2)

In Schedule 1 (transfer of prisoners within the British Isles) in paragraphs 12(2)(a) and (5) and 13(2)(a) and (5) after “1995” insert “or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 ”.

4Amendment of the Freedom of Information Act 2000

In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (Northern Ireland public bodies)—

(a)

omit the entry relating to the Life Sentence Review Commissioners; and

(b)

at the appropriate place insert—

  • “Parole Commissioners for Northern Ireland”.

5Amendment of the International Criminal Court Act 2001

(1)

The International Criminal Court Act 2001 (c. 17) is amended as follows.

(2)

In Schedule 7 (domestic provisions not applicable to ICC prisoners) in paragraph 3(2) at the end insert—

  • “Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (release on licence of certain prisoners).”.

Signature

Clerk of the Privy Council

Date

Explanatory note

(This note is not part of the Order)

This Order makes amendments to the law of the United Kingdom which are consequential on Part 2 of the Criminal Justice (Northern Ireland) Order 2008. That Part provides for extended and indeterminate custodial sentences for certain offences and for the release on licence of persons serving custodial sentences.