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Department of Justice Act (Northern Ireland) 2010

2010 nia 3 · Enacted 12 February 2010 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 8 May 2016.

An Act to provide for the establishment of the Department of Justice and for the appointment of the Minister to be in charge of that Department.

[12th February 2010]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Contents

  1. 1The Department of Justice
  2. 2Minister in charge of Department of Justice
  3. 3Short title and commencement
  4. Schedule: AMENDMENTS
  5. The Pensions Appeal Tribunals Act 1943 (c. 39)
  6. 1Paragraph 1
  7. The County Courts Act (Northern Ireland) 1959 (c. 25)
  8. 2Paragraph 2
  9. The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21)
  10. 3Paragraph 3
  11. The Rates (Northern Ireland) Order 1977 (NI 28)
  12. 4Paragraph 4
  13. The Judicature (Northern Ireland) Act 1978 (c. 23)
  14. 5Paragraph 5
  15. The Mental Health (Northern Ireland) Order 1986 (NI 4)
  16. 6Paragraph 6
  17. The Child Support Act 1991 (c. 48)
  18. 7Paragraph 7
  19. The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  20. 8Paragraph 8
  21. The Tribunals and Inquiries Act 1992 (c. 53)
  22. 9Paragraph 9
  23. The Education (Northern Ireland) Order 1996 (NI 1)
  24. 10Paragraph 10
  25. The Plant Varieties Act 1997 (c. 66)
  26. 11Paragraph 11
  27. The Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (SR 1997/269)
  28. 12Paragraph 12
  29. The Social Security (Northern Ireland) Order 1998 (NI 10)
  30. 13Paragraph 13
  31. The Justice (Northern Ireland) Act 2002 (c. 26)
  32. 14Paragraph 14
  33. The Criminal Injuries (Compensation) (Northern Ireland) Order 2002 (NI 1)
  34. 15Paragraph 15
  35. The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9)
  36. 16Paragraph 16
  37. The Traffic Management (Northern Ireland) Order 2005 (NI 14)
  38. 17Paragraph 17
  39. The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (SR 2005/150)
  40. 18Paragraph 18
  41. The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 (SR 2005/151)
  42. 19Paragraph 19
  43. The Charities Act (Northern Ireland) 2008 (c. 12)
  44. 20Paragraph 20
  45. The Northern Ireland Act 2009 (c. 3)
  46. 21Paragraph 21
  47. 22Paragraph 22

1The Department of JusticeI1

(1)

There shall be established a Northern Ireland department to be known as the Department of Justice.

(2)

The purpose of that department is to exercise functions consisting wholly or mainly of devolved policing and justice functions within the meaning of section 21A of the Northern Ireland Act 1998 (c. 47).

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In the Ombudsman (Northern Ireland) Order 1996 (NI 8) in Schedule 2 (which lists the bodies subject to investigation) at the appropriate place insert— “ The Department of Justice ”.

(5)

The statutory provisions mentioned in the Schedule (which refer to the department established by this section) are amended as set out in that Schedule.

2Minister in charge of Department of Justice

(1)

The Department of Justice is to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—

(a)

made by one or more members of the Assembly; and

(b)

approved by a resolution of the Assembly passed with the support of—

(i)

a majority of the members voting on the motion for the resolution,

(ii)

a majority of the designated Nationalists voting, and

(iii)

a majority of the designated Unionists voting.

(2)

Expressions used in subsection (1) and in the Northern Ireland Act 1998 have the same meanings in that subsection as in that Act.

3Short title and commencement

(1)

This Act may be cited as the Department of Justice Act (Northern Ireland) 2010.

P1(2)

Sections 1 and 2 and the Schedule come into operation on such day or days as the First Minister and deputy First Minister, acting jointly, may by order appoint.

1

In the Schedule, in paragraph 2(3C) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

2

In section 107(1A) and (3) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

3

In sections 10(1)(a) and 12A(2) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

4

In Schedule 9B, in paragraphs 3(1A) and (3) and 4 for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

5

(1)

In sections 2(3), 3(4), 8(1A)(b), 12B(14), 12C(15) and 70(5) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

(2)

In section 70(6) for “justice department” substitute “ Department of Justice ”.

(3)

In section 74(1) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

(4)

In section 74(1A) for “justice department” substitute “ Department of Justice ”.

(5)

In sections 103(3) and 119(1) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

6

In Schedule 3, in paragraphs 1(a) and (c) and 2(2) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

7

In Schedule 4, in paragraph 4(2)(b) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

8

In section 50(2) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

9

In section 6(8A)(b) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

10

In Article 22(3)(a) and (5A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

11

In Schedule 3, in paragraph 5(1A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

12

In the Schedule, in rule 6(3A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

13

In Article 7(3) and paragraph 1(1A) of Schedule 1 for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

14

(1)

In section 2(5) omit the definition of “the justice department”.

(2)

In sections 8(7) and 9(2)(a), (3), (4), (5) and (11) for “justice department” substitute “ Department of Justice ”.

(3)

In section 88 omit “ “the justice department”,”.

(4)

In section 90(1)(c) for “justice department” substitute “ Department of Justice ”.

(5)

In Schedule 3, in paragraph 5(2) and (3) for “justice department” substitute “ Department of Justice ”.

15

In Article 7(3A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

16

In Schedule 2, in paragraphs 1(2)(a) and 3(1A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

17

In Article 29(4A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

18

In regulation 4(2A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

19

In regulation 5(2A) for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

20

In Schedule 2, in paragraphs 1(4), 3(1A) and 5 for “justice department (within the meaning of the Justice (Northern Ireland) Act 2002)” substitute “ Department of Justice ”.

21

In Schedule 3, omit paragraphs 1(3) and 12.

22

In Schedule 4, omit paragraphs 15(4) and (5), 17(a), 20(2)(b), 26(3), 30(3), 33(3), 41(2) and 47(3).