OpenLegislation

The Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010

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

Draft 2010, ISBN 9780111495735

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 laid before Parliament under section 4(2) of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament.

Northern Ireland

Constitutional Law

Made ***

Coming into force ***

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

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 4(2A) of the Northern Ireland Act 1998f1, 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:—

Annotations to the whole text

Footnotes

f1

1998 c. 47; Section 4(2A) was inserted by section 16 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33) and amended by section 18(5) of the Northern Ireland (St Andrews Agreement) Act 2006 (c. 53).

Contents

  1. 1Title and commencement
  2. 2Amendment of Schedule 3: policing and justice matters
  3. 3Prevention and detection of crime, public order, prisons, policing etc
  4. 4Prevention and detection of crime, public order, prisons, policing etc
  5. 5Prevention and detection of crime, public order, prisons, policing etc
  6. 6Prevention and detection of crime, public order, prisons, policing etc
  7. 7Firearms and explosives
  8. 8Justice etc
  9. Signature
  10. Explanatory note

1Title and commencement

(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 12 April 2010.

2Amendment of Schedule 3: policing and justice matters

Schedule 3 to the Northern Ireland Act 1998 (reserved matters) is amended as follows.

3Prevention and detection of crime, public order, prisons, policing etc

For paragraph 9f1 substitute—

“9.
(1)

The following matters—

(a)

the subject-matter of the following provisions of the Regulation of Investigatory Powers Act 2000f2—

(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)

in relation to the prevention or detection of crime, the subject-matter of Part 3 of the Police Act 1997f3;

(c)

the operation of—

(i)

sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 2007f4, and

(ii)

section 102 of, and Schedule 12 to, the Terrorism Act 2000f5;

(d)

in relation to terrorism, the exercise of the Royal prerogative of mercy;

(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 1996f6 where a certificate under section 1 of the 2007 Act has been issued;

(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 1971f7;

(ii)

the subject-matter of sections 12 and 13 of the Criminal Justice (International Co-operation) Act 1990f8;

(g)

the Serious Organised Crime Agency;

(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.”

4Prevention and detection of crime, public order, prisons, policing etc

For paragraph 10 substitute—

“10.
(1)

The subject-matter of the Public Processions (Northern Ireland) Act 1998f1.

(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.”

5Prevention and detection of crime, public order, prisons, policing etc

For paragraph 11 substitute—

“11.

The operation of the temporary provisions, as defined in section 47 of the Police (Northern Ireland) Act 2000f1.”

6Prevention and detection of crime, public order, prisons, policing etc

Omit paragraph 11Af1 (co-operation between the Police Service of Northern Ireland and Garda Síochána with respect to certain matters).

7Firearms and explosives

For paragraph 12 substitute—

“12.
(1)

Items for the time being specified in Article 45(1) or (2) of the Firearms (Northern Ireland) Order 2004f1; and the subject-matter of Article 45(10) of that Order.

(2)

The security of explosives, including—

(a)

the prevention of loss or theft of explosives,

(b)

the prevention of the use of explosives for wrongful purposes, and

(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) 1970f2.”

8Justice etc

(1)

Omit paragraph 9Af1 (the Chief Inspector of Criminal Justice in Northern Ireland).

(2)

Omit paragraph 14Af2 (rights of appeal to the Supreme Court, and legal aid for such appeals).

(3)

Omit paragraph 15f3 (matters relating to the courts).

(4)

Omit paragraph 15Af4 (the Northern Ireland Law Commission).

(5)

Omit paragraph 17 (the Social Security Commissioners and Child Support Commissioners for Northern Ireland).

Signature

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 should become transferred matters (as defined in section 4(1) of that Act).

Those matters include aspects of the criminal law, the prevention and detection of crime, the criminal justice system, the treatment of offenders, the maintenance of public order, the police, the courts and the law relating to firearms and explosives.

This Order amends Schedule 3 so that those matters cease to be reserved matters and become transferred matters.

In the amended version of Schedule 3 (see Articles 3 to 8 of this Order), some policing and justice matters will remain reserved under paragraphs 9, 10, 11 and 12.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.