Article 5 Transfer to the body of existing statutory functionsI1

Northern Ireland

(1)

The functions exercisable immediately before the appointed day by the Department of Culture, Arts and Leisure—

(a)

under or for the purposes of the enactments set out in paragraph 2 of Schedule 3; and

(b)

in relation to the waterway mentioned in paragraph 1.1(a) of Part 1 of Annex 2 to the Agreement,

shall as from that day be exercisable by the Body.

(2)

The functions exercisable immediately before 1st April 2000 by the Department of Culture, Arts and Leisure—

(a)

under or for the purposes of the enactments set out in Schedule 3; and

(b)

in relation to the waterways mentioned in paragraph 1.2 of Part 1 of Annex 2 to the Agreement,

shall as from that day be exercisable by the Body.

(3)

The functions exercisable by the F1Department for Infrastructure immediately before the day specified by NSMC in accordance with paragraph 1.3 of Part 1 of Annex 2 to the Agreement—

(a)

under or for the purposes of the enactments set out in Schedule 3; and

(b)

in relation to the waterway mentioned in paragraph 1.3 of Part 1 of Annex 2 to the Agreement,

shall as from that day be exercisable by the Body.

(4)

The functions exercisable by the F2Department for Infrastructure immediately before the prescribed day—

(a)

under or for the purposes of the enactments set out in Schedule 3; and

(b)

in relation to a prescribed waterway,

shall as from that day be exercisable by the Body.

(5)

In paragraph (4) “prescribed” means prescribed by an order made by the F3Department for Infrastructure in pursuance of a decision of NSMC under paragraph 1.4 of Part 1 of Annex 2 to the Agreement; and any such order may amend Schedule 3 by the addition of any enactment.

(6)

An order under paragraph (5) shall—

(a)

be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979^f1; and

(b)

be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954^f2.

(7)

Schedule 4 (which makes supplementary and transitional provisions in connection with the preceding provisions of this Article) shall have effect.

Annotations

Textual amendments

F1: Words in art. 5(3) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 22(2) (with art. 9(2))
F2: Words in art. 5(4) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 22(2) (with art. 9(2))
F3: Words in art. 5(5) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 22(3) (with art. 9(2))

Commencement

I1: Art. 5 in force at 2.12.1999, see art. 1(2)

Footnotes

f1: S.I. 1979/1573 (N.I. 12).
f2: 1954 c. 33 (N.I.)