Section 76 Orders and regulations.

Northern Ireland

(1)

Any power of the Secretary of StateF1, the Minister of Justice or the Department of Justice to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979.

(2)

F2An order or regulations under this Act—

(a)

may make different provision for different purposes, cases and circumstances;

(b)

may contain such consequential, supplementary and transitional provisions as appear to the F3person making the order or regulations to be appropriate.

(3)

Subsections (1)F4, (2) and (6) do not apply to vesting orders made under section 7.

F5(4)

No statutory rule may be made under section 47(3) F6... unless a draft of the rule has been laid before and approved by resolution of each House of Parliament.

F7(4A)

No regulations may be made under section 54 unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(4B)

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(5)

A statutory rule made F8by the Secretary of State under this Act (other than one made under a provision mentioned in subsection (4) or containing an order under section 79) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

F9(6)

An order or regulations made by the Minister of Justice or the Department of Justice under this Act (other than regulations under section 54) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Annotations

Textual amendments

F1: Words in s. 76(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(a) (with arts. 28-31)
F2: Words in s. 76(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(b)(i) (with arts. 28-31)
F3: Words in s. 76(2)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(b)(ii) (with arts. 28-31)
F4: Words in s. 76(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(c) (with arts. 28-31)
F5: S. 76(4) substituted (30.7.2001) by S.I. 2001/2513, art. 3
F6: Words in s. 76(4) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(d) (with arts. 28-31)
F7: S. 76(4A)(4B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(e) (with arts. 28-31)
F8: Words in s. 76(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(f) (with arts. 28-31)
F9: S. 76(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 83(g) (with arts. 28-31)

Marginal citations

M1: 1979 NI 12.