{
  "url": "https://openlegislation.uk/northern-ireland-act-1998-devolution-of-policing-and-justice-functions-order-2010/schedule-5/paragraph-40",
  "json_url": "https://openlegislation.uk/northern-ireland-act-1998-devolution-of-policing-and-justice-functions-order-2010/schedule-5/paragraph-40.json",
  "legislation": "uksi/2010/976",
  "legislation_title": "The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010",
  "legislation_url": "https://openlegislation.uk/northern-ireland-act-1998-devolution-of-policing-and-justice-functions-order-2010",
  "path": "schedule/5/paragraph/40",
  "kind": "paragraph",
  "number": "40",
  "heading": null,
  "text": "(1) Parts 1 to 7 of the Parole Commissioners’ Rules (Northern Ireland) 2009 (as amended by paragraphs 33 to 37 and 39 above) continue in effect as if made by the Department of Justice under paragraph 4 of Schedule 4 to the Criminal Justice (Northern Ireland) Order 2008.\n(2) Part 8 of those Rules (as inserted by paragraph 38 above) has effect as if made by the Secretary of State under paragraph 4A of Schedule 4 to the 2008 Order (as inserted by paragraph 31(3) above).\n(3) Sub-paragraphs (4) and (5) below apply to a case as is referred to in rule 31(1) of those Rules.\n(4) If under the Life Sentence Review Commissioners’ Rules 2001 a prisoner and any representative appointed by him are excluded from proceedings, the Advocate General for Northern Ireland may appoint a person to represent the prisoner’s interests in those proceedings; and, accordingly—\n(a) rule 2(2) of the 2001 Rules has effect as if for the definition of “special advocate” there were substituted—\n““special advocate” means a person appointed under paragraph 40(4) of Schedule 5 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.”;\n(b) rule 16(1) of the 2001 Rules has effect as if for “Attorney General” (in each place) there were substituted “Advocate General for Northern Ireland”.\n(5) A person appointed under sub-paragraph (4) above is not responsible to the prisoner whose interests he represents.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 5 para. 40 in force at 12.4.2010, see art. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. (N.I) 2009 No. 82."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 2008/1216 (N.I. 1)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.R. (N.I.) 2001 No. 317."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/976/schedule/5/paragraph/40",
    "retrieved_at": "2026-10-29T02:45:39.950485+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}