SCHEDULES
SCHEDULE 18Amendments relating to Article 15(1) to (4) etc
PART 1Acts of the Parliament of the United Kingdom
Arbitration (International Investment Disputes) Act 1966
1
1
Amend the Arbitration (International Investment Disputes) Act 1966477 as follows.
2
In section 8 (application to Northern Ireland) after paragraph (b) insert—
c
in relation to the power by order under section 3 to direct that provisions of the Arbitration Act 1996478 shall apply to such proceedings pursuant to the Convention as are specified in the order, being proceedings taking place in Northern Ireland, for the reference in that section to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland;
d
section 3(3)(b) shall not apply to an order made by the Department of Justice in Northern Ireland under section 3; but any such order shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Misuse of Drugs Act 1971
2
Amend the Misuse of Drugs Act 1971479 as follows.
3
In paragraph 21 of Schedule 3 (application to Northern Ireland), in the entry for paragraph 13—
a
after “Minister of Home Affairs for Northern Ireland” insert “and for any reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland”;
b
in the inserted sub-paragraph (3) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.
Maintenance Orders (Reciprocal Enforcement) Act 1972
4
Amend the Maintenance Orders (Reciprocal Enforcement) Act 1972480 as follows.
5
In sections 14(2)(b) and 38(3)(b) (obtaining evidence) for “Parliament” substitute “the Northern Ireland Assembly”.
6
1
Amend section 48 (special provisions relating to Northern Ireland) as follows.
2
Omit subsection (1).
3
After subsection (5) insert—
6
In the application of this Act to Northern Ireland, for any reference to the Lord Chancellor (including any reference which is treated as a reference to the Lord Chancellor, but not including any such reference in section 49(2)) there shall be substituted a reference to the Department of Justice in Northern Ireland.
Litigants in Person (Costs and Expenses) Act 1975
7
Amend the Litigants in Person (Costs and Expenses) Act 1975481 as follows.
8
For section 1(5) (costs or expenses recoverable: application to Northern Ireland) substitute—
5
In the application of this section to Northern Ireland—
a
in subsection (1)—
i
the expressions “county court”, “the High Court” and “the Court of Appeal” shall have the meanings respectively assigned to them by section 29(1) of the Northern Ireland Act 1962482;
ii
the reference to the Lord Chancellor shall be construed as a reference to the Department of Justice in Northern Ireland;
b
in subsection (3) for “by statutory instrument” to “Parliament” there is substituted “by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979483; and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954484”.
Aircraft and Shipbuilding Industries Act 1977
9
1
Amend Schedule 7 to the Aircraft and Shipbuilding Industries Act 1977485 (procedure etc for arbitration tribunal) as follows.
2
In Part 1, in paragraph 5 after sub-paragraph (2) insert—
3
In relation to proceedings in Northern Ireland—
a
sub-paragraph (1) above shall have effect as if for “Lord Chancellor by statutory instrument” there were substituted “Department of Justice in Northern Ireland”;
b
rules made under this paragraph by the Department of Justice in Northern Ireland shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Judicature (Northern Ireland) Act 1978
10
Amend the Judicature (Northern Ireland) Act 1978486 as follows.
11
1
Amend section 3 (the Court of Appeal) as follows.
2
Omit subsection (5).
3
For subsection (6) substitute—
6
The Department of Justice may by order from time to time create divisions or additional divisions of the Court of Appeal or provide any division be abolished; and any such order—
a
may contain such provision as may appear to the Department to be necessary or proper for that purpose; and
b
may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to the Department to be necessary or expedient in consequence of the order.
12
In section 5(2) (divisions of the High Court)—
a
for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;
b
for “such Order in Council” substitute “such order”.
13
In section 7(4) (further assistance for transaction of judicial business) for “there may be paid” substitute “the Department of Justice shall pay”.
14
In section 53A (making of Crown Court rules)—
a
after subsection (1) insert—
1A
For the purposes of this section, “relevant authority” means—
a
in relation to Crown Court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998487.
b
for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;
c
in subsection (3) for “him” substitute “it”;
d
in subsections (5) and (6) for “he” substitute “it”.
15
In section 55A (making of rules for High Court and Court of Appeal)—
a
after subsection (1) insert—
1A
For the purposes of this section, “relevant authority” means—
a
in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this subsection “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.
b
for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;
c
in subsections (3), (4) and (5) for “him” substitute “it”;
d
in subsections (5) and (6) for “he” (wherever occurring) substitute “it”.
16
In section 56 (control and publication of rules) for subsection (1) substitute—
1
Rules made by the Rules Committee shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954488.
17
In section 62 (trial with and without jury)—
a
in subsection (6) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;
b
omit subsection (7).
18
In section 68A (duty to secure system to support courts’ business)—
a
in the heading for “Lord Chancellor’s duty” substitute “Department of Justice’s duty”;
b
in subsection (2) for “both Houses of Parliament” substitute “the Northern Ireland Assembly”;
c
after subsection (2) insert—
3
Section 41(3) of the Interpretation Act (Northern Ireland) 1954489 applies for the purposes of subsection (2) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.
19
In section 70 (appointment of statutory officers) after subsection (1B) insert—
1C
Any salary or other amounts payable under subsection (1B) shall be paid by the Department of Justice.
20
In section 74(5) (deputies and temporary appointments)—
a
for “The Lord Chancellor may pay” substitute “The Department of Justice shall pay”;
b
for “as he may” substitute “as the Lord Chancellor may”.
21
In section 75(8) (Official Solicitor) for “of the State for the purposes of section 1 of the Superannuation Act 1972 (Principal Civil Service Pension Scheme)” substitute “of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972490”.
22
1
In section 78 (accounts of funds in court)—
a
in subsection (1)(b) for “Treasury” substitute “Department of Finance and Personnel”;
b
in subsections (2) and (3) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;
c
in subsection (3) for “each House of Parliament” substitute “the Northern Ireland Assembly”;
d
after subsection (4) insert—
5
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.
2
Sub-paragraph (1) above does not apply in relation to an accounting period ending before the coming into force of this Order.
23
In section 85 (provision for default to be made good) for “Consolidated Fund” substitute “Consolidated Fund of Northern Ireland”.
24
In section 97 (civil jurisdiction exercisable by circuit registrars)—
a
in subsection (2) for “Her Majesty may by Order in Council” substitute “The Department of Justice may by order”;
b
in subsection (3)—
i
for “Order in Council” substitute “order”;
ii
for “Her Majesty” substitute “the Department of Justice”;
c
omit subsection (4).
25
In section 117A (allowances for judges) for “The Lord Chancellor shall pay” substitute “The Department of Justice shall pay”.
26
1
2
For subsections (1) to (3) substitute—
1
Any power conferred by the preceding provisions of this Act on the Department of Justice to make an order or rules or on the Lord Chief Justice to make regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979493.
2
Any statutory rule made under section 2(3), 3(4) or (6), 62(6) or 97(2) is subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954494).
3
Any other statutory rule made under this Act by the Department of Justice (except an order under section 68(3) or 116) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
3
In subsection (4)—
a
omit “and any power conferred by this Act to make an Order in Council”;
b
for “or Order in Council by a subsequent order or Order in Council” substitute “by a subsequent order”.
27
In section 121(1) (financial provisions) for “government department” substitute “department of the Government of the United Kingdom”.
Civil Jurisdiction and Judgments Act 1982
28
Amend the Civil Jurisdiction and Judgments Act 1982495 as follows.
29
In section 5(1) (maintenance orders under 1968 Convention)—
a
in paragraph (a) omit “and Northern Ireland”;
b
after paragraph (b) insert—
; and
c
as respects Northern Ireland, by the Department of Justice in Northern Ireland.
30
In section 5A(1) (maintenance orders under Lugano Convention)—
a
in paragraph (a) omit “and Northern Ireland”;
b
after paragraph (b) insert—
; and
c
as respects Northern Ireland, by the Department of Justice in Northern Ireland
Administration of Justice Act 1982
31
Amend the Administration of Justice Act 1982496 as follows.
32
In section 25 (regulations as to deposit and registration of wills)—
a
in subsection (6) for the words from “Parliament” to “accordingly” substitute “the Northern Ireland Assembly after being made”;
b
after subsection (6) insert—
6A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954497 applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.
c
in subsection (7) omit “or (c)”.
33
In section 46 (procedure for making regulations etc)—
a
at the end of subsection (1) insert “(subject to subsection (1A))”;
b
after subsection (1) insert—
1A
Where the power is exercisable by a Northern Ireland department it shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979498 subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954499).
34
1
After section 48 insert—
48AApplication of Part VI to Northern Ireland
1
In its application to Northern Ireland this Part of this Act shall have effect subject to the following modifications.
2
For any reference to the Lord Chancellor substitute a reference to the Department of Justice in Northern Ireland.
3
For any reference to the Treasury substitute a reference to the Department of Finance and Personnel in Northern Ireland.
4
For any reference to the Consolidated Fund (except the reference in section 39(4A)) substitute a reference to the Consolidated Fund of Northern Ireland.
5
For any reference to moneys provided by Parliament (except the reference in section 39(4A)) substitute a reference to moneys provided by the Northern Ireland Assembly.
6
For the reference in section 45(1) to the Comptroller and Auditor General substitute a reference to the Comptroller and Auditor General for Northern Ireland.
7
For section 42(5) substitute—
5
Shares in a common investment fund—
a
shall be allotted to and held by the Accountant General of the Court of Judicature of Northern Ireland, and
b
may be allotted to and held by any other person authorised by the Department of Justice in Northern Ireland.
8
For section 45(3) substitute—
3
The Comptroller and Auditor General for Northern Ireland shall examine, certify and report on accounts sent to him under subsection (1) above and lay copies of them and his report on them before the Northern Ireland Assembly.
3A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a copy of accounts or a report as it applies in relation to the laying of a statutory document under an enactment.
2
The following provisions of section 48A (as inserted by sub-paragraph (1) above) do not apply in relation to any accounts that are, in accordance with a direction under section 45(2) given before the coming into force of this Order, required to be prepared for any period ending before the coming into force of this Order—
a
subsection (3) so far as it applies for the purposes of section 45;
b
subsections (6) and (8).
Child Abduction and Custody Act 1985
35
Amend the Child Abduction and Custody Act 1985500 as follows.
36
In section 3 (Central authorities)—
a
in subsection (1)(a) omit “and in Northern Ireland”;
b
after subsection (1)(b) insert—
; and
c
in Northern Ireland by the Department of Justice in Northern Ireland
c
for subsection (3) substitute—
3
Where any such application relates to a function to be discharged under subsection (1) above by an authority (“the responsible authority”) other than the authority to which the application is addressed, the authority to which the application is addressed shall transmit it to the responsible authority.
37
In sections 6, 21 and 23 (reports) after “Lord Chancellor” (wherever occurring) insert “, the Department of Justice in Northern Ireland”.
38
In section 14 (Central authorities)—
a
in subsection (1)(a) omit “and in Northern Ireland”;
b
after subsection (1)(b) insert—
; and
c
in Northern Ireland by the Department of Justice in Northern Ireland
c
for subsection (3) substitute—
3
Where any such application relates to a function to be discharged under subsection (1) above by an authority (“the responsible authority”) other than the authority to which the application is addressed, the authority to which the application is addressed shall transmit it to the responsible authority.
39
In section 16 (registration of decisions) for subsection (5) substitute—
5
Where an authority mentioned in subsection (1) of section 14 above is requested to assist in making an application under this section to the appropriate court in a part of the United Kingdom (“the relevant part of the United Kingdom”) other than the part in relation to which the authority has functions under that subsection, the authority shall transmit the request to the authority which has functions under that subsection in relation to the relevant part of the United Kingdom.
Multilateral Investment Guarantee Agency Act 1988
40
1
Amend the Multilateral Investment Guarantee Agency Act 1988501 as follows.
2
In section 8 (Northern Ireland) after subsection (2) insert—
2A
In section 6—
a
for the reference to the Lord Chancellor there shall be substituted a reference to the Department of Justice in Northern Ireland;
b
for the reference to the making of an order by statutory instrument there shall be substituted a reference to the making of an order by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Child Support Act 1991
41
Amend the Child Support Act 1991502 as follows.
42
In paragraph 2 of Schedule 4503 (remuneration of Child Support Commissioners for Northern Ireland)—
a
in sub-paragraph (1)—
i
for “Lord Chancellor may” substitute “Department of Justice shall”;
ii
for “he” substitute “the Lord Chancellor”;
b
in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”.
Social Security Administration Act 1992
43
Amend the Social Security Administration Act 1992504 as follows.
44
In section 24 (appeal from Commissioners on point of law) after subsection (6) insert—
6A
In the application of this section in relation to Northern Ireland, subsection (6) shall have effect as if for “the Lord Chancellor” there were substituted “the Department of Justice in Northern Ireland”.
6B
Regulations made under this section by the Department of Justice in Northern Ireland shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
45
1
Amend section 189 (regulations and orders) as follows.
2
At the end of subsection (2) insert “(subject to section 24(6A))”.
3
At the end of subsection (3) insert “(subject to section 24(6B))”.
Social Security Administration (Northern Ireland) Act 1992
46
Amend the Social Security Administration (Northern Ireland) Act 1992505 as follows.
47
In section 166 (Assembly etc control of orders and regulations)—
a
in subsection (5) omit “the Lord Chancellor,” and omit the words from “(in the case of” to the end;
b
after subsection (5) insert—
5A
All regulations made under this Act by the Department of Justice shall be subject to negative resolution.
Tribunals and Inquiries Act 1992
48
1
Amend the Tribunals and Inquiries Act 1992506 as follows.
2
In section 9 (procedure in connection with statutory inquiries) at the end insert—
6
In the application of this section to inquiries held in Northern Ireland, the power to make rules is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor) so far as the power may be used to make Northern Ireland devolved provision.
3
In section 10 (reasons to be given for decisions of tribunals and Ministers) after subsection (8) insert—
9
In relation to—
a
any tribunal specified in Schedule 1 which sits in Northern Ireland, and
b
statutory inquiries held in Northern Ireland,
the power to make an order under subsection (7) or (8) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and those subsections are to be read accordingly.
4
In section 13 (power to apply Act to additional tribunals etc) after subsection (5) insert—
5A
In relation to Northern Ireland, any power to make an order under this section is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and this section is to be read accordingly.
5
In section 15 (rules and orders), the existing provision becomes subsection (1), and after that subsection insert—
2
Any rules or orders made by the Department of Justice in Northern Ireland under this Act shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979507 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954508.
6
In section 16(1) (interpretation), at the appropriate place, insert—
“Northern Ireland devolved provision” means provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998),
7
In section 16 (interpretation) after subsection (2) insert—
2A
In relation to inquiries or hearings held or to be held in Northern Ireland, the power to make an order under subsection (2) is exercisable by the Department of Justice in Northern Ireland (and not by any Minister of the Crown) so far as the power may be used to make Northern Ireland devolved provision; and subsection (2) is to be read accordingly.
Judicial Pensions and Retirement Act 1993
49
After section 28 of the Judicial Pensions and Retirement Act 1993509 insert—
28ANorthern Ireland
The Lord Chancellor and the Department of Justice in Northern Ireland may make arrangements under which the Department is to make contributions to the cost of the liabilities under this Act for pensions, lump sums or other payments in respect of persons’ service in qualifying judicial office in Northern Ireland.
Arbitration Act 1996
50
1
Amend the Arbitration Act 1996510 as follows.
2
In section 105(6) (jurisdiction of High Court and county court) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.
Defamation Act 1996
51
Amend the Defamation Act 1996511 as follows.
52
In section 9 (meaning of summary relief)—
a
in subsection (3) at the beginning insert “Subject to subsection (4)”;
b
after subsection (3) insert—
4
Any order made by the Department of Justice in Northern Ireland under subsection (1)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979512, and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954513.
53
In Schedule 1 (qualified privilege)—
a
in paragraph 15—
i
for sub-paragraph (1)(a) substitute—
a
for England and Wales, by order of the Lord Chancellor,
ii
after sub-paragraph (1)(b) insert—
, and
c
for Northern Ireland, by order of the Department of Justice in Northern Ireland
iii
in sub-paragraph (2) at the beginning insert “Subject to sub-paragraph (3),”;
iv
after sub-paragraph (2) insert—
3
An order under sub-paragraph (1)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
b
in paragraph 17—
i
for sub-paragraph (2)(a) substitute—
a
for England and Wales, by the Lord Chancellor,
ii
after sub-paragraph (2)(b) insert—
, and
c
for Northern Ireland, by the Department of Justice in Northern Ireland
iii
in sub-paragraph (3) at the beginning insert “Subject to sub-paragraph (4),”;
iv
after sub-paragraph (3) insert—
4
An order under sub-paragraph (2)(c) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Damages Act 1996
54
Amend the Damages Act 1996514 as follows.
55
In section 1 (assumed rate of return on investment of damages) after subsection (5) insert—
6
In the application of this section to Northern Ireland—
a
for the reference to the Lord Chancellor in subsections (1) and (4) there is substituted a reference to the Department of Justice in Northern Ireland; and
b
in subsection (4)—
i
for the reference to the Treasury there is substituted a reference to the Department of Finance and Personnel in Northern Ireland; and
ii
for “by statutory instrument” to “Parliament” there is substituted “by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
56
In section 2A (periodical payments: supplementary) in subsection (6)—
a
at the end of paragraph (a) omit “and”;
b
after paragraph (b) insert—
c
a reference to the Lord Chancellor shall be taken as a reference to the Department of Justice in Northern Ireland, and
d
for subsection (3)(a) and (b) of this section there is substituted “shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
57
In section 2B (variation of orders and settlements) after subsection (7) insert—
8
In the application of this section to Northern Ireland—
a
a reference to the Lord Chancellor shall be taken as a reference to the Department of Justice in Northern Ireland;
b
in subsection (6)(a) for “statutory instrument” substitute “statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979515”;
c
in subsection (6)(c) for “each House of Parliament” substitute “the Northern Ireland Assembly”;
d
section 41(3) of the Interpretation Act (Northern Ireland) 1954516 applies for the purposes of subsection (6)(c) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Northern Ireland Act 1998
58
1
Amend the Northern Ireland Act 1998517 as follows.
2
In paragraph 39(6) of Schedule 10 (devolution issues: bail and legal aid in criminal proceedings) omit “out of money provided by Parliament”.
Tax Credits Act 2002
59
Amend the Tax Credits Act 2002518 as follows.
60
In section 65(6) (regulations, orders and schemes) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”.
Justice (Northern Ireland) Act 2002
61
Amend the Justice (Northern Ireland) Act 2002519 as follows.
62
In section 9F520 (procedure for reports by Northern Ireland Judicial Appointments Ombudsman)—
a
for subsection (2)(a) and (b) substitute—
a
if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;
b
otherwise, to the Lord Chancellor.
b
in subsection (3)(a) for the words from “by the Lord Chancellor” to the end substitute
for changes in the draft report which is made—
i
if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;
ii
otherwise, by the Lord Chancellor;
c
in subsection (5) for “Lord Chancellor and” substitute “First Minister and deputy First Minister and to”.
63
In section 47521 (further provision about functions of Chief Inspector of Criminal Justice)—
a
in subsection (1) omit “, the Lord Chancellor”;
b
in subsection (2) omit paragraph (aa);
c
omit subsections (5A) and (5B).
64
In section 49522 (reports by Chief Inspector of Criminal Justice) omit subsection (6).
65
In section 50 (Northern Ireland Law Commission) omit subsection (5)(a).
66
In section 73 (constitution of Rules Committee)—
a
in subsection (1), in the inserted paragraphs (d), (e) and (f) of section 54(1) of the Judicature (Northern Ireland) Act 1978523, for “Lord Chancellor” substitute “Department of Justice”;
b
in subsection (2), in the amendment of Article 46(1) of the County Courts (Northern Ireland) Order 1980524—
i
in the inserted sub-paragraphs (d), (e) and (g) for “Lord Chancellor” substitute “Department of Justice”;
ii
in the inserted sub-paragraph (f) for “the Lord Chancellor” substitute “that Department”.
67
1
Amend Schedule 2 (Judicial Appointments Commission) as follows.
2
After paragraph 4(2) insert—
2A
Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972525 can apply; and accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—
Employment by the Northern Ireland Judicial Appointments Commission.
3
4
Sub-paragraph (3) above does not affect the position of any person under the Superannuation Act 1972 in relation to the person’s employment by the Northern Ireland Judicial Appointments Commission before the coming into force of this Order.
5
Sub-paragraph (6) below applies in relation to a person who immediately before the coming into force of this Order is, by virtue of paragraph 4(3) of Schedule 2 to the Justice (Northern Ireland) Act 2002528, a participant in the principal civil service pension scheme as defined in section 2(10) of the Superannuation Act 1972.
6
In relation to the person’s employment by the Northern Ireland Judicial Appointments Commission after the coming into force of this Order, the person is entitled to be a participant in the principal civil service pension scheme as defined in Article 4(10) of the Superannuation (Northern Ireland) Order 1972529; and the person’s terms and conditions of service have effect accordingly.
7
In paragraph 5—
a
in sub-paragraph (6) for “each House of Parliament” substitute “the Northern Ireland Assembly”;
b
in sub-paragraph (7) for “each House of Parliament” substitute “the Northern Ireland Assembly”;
c
after sub-paragraph (7) insert—
7A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954530 applies for the purposes of sub-paragraph (6) in relation to the laying of a copy of an annual report as it applies in relation to the laying of a statutory document under an enactment.
8
In paragraph 7—
a
in sub-paragraph (2) for “Lord Chancellor directs” substitute “First Minister and deputy First Minister acting jointly direct”;
b
in sub-paragraph (3) for “Lord Chancellor” (in both places) substitute “Office of the First Minister and deputy First Minister”;
c
in sub-paragraphs (3)(b) and (4) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;
d
in sub-paragraph (4)(b) for “each House of Parliament” substitute “the Northern Ireland Assembly”;
e
after sub-paragraph (4) insert—
4A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.
9
Sub-paragraph (8) above does not apply in relation to a financial year ending before the coming into force of this Order.
68
In paragraph 15 of Schedule 3A (reports of Northern Ireland Judicial Appointments Ombudsman)—
a
in sub-paragraph (4) for “each House of Parliament” substitute “the Northern Ireland Assembly”;
b
after sub-paragraph (5) insert—
6
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.
Courts Act 2003
69
1
Amend the Courts Act 2003531 as follows.
2
In section 102(8) (power to alter judicial titles: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.
3
In section 108 (rules, regulations and orders) omit subsection (7)(b).
4
In section 109 (minor and consequential amendments etc) after subsection (8) insert—
9
Any order made by the Department of Justice in Northern Ireland under subsection (4) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979532.
10
No order containing any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act may be made by the Department of Justice in Northern Ireland under subsection (4) unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
11
Section 41(3) of the Interpretation Act (Northern Ireland) 1954533 applies for the purposes of subsection (10) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
12
Any other order made by the Department of Justice under subsection (4) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954534).
Extradition Act 2003
70
1
Amend the Extradition Act 2003535 as follows.
2
In sections 61 and 134 (costs where discharge ordered) after subsection (8) insert—
9
In relation to proceedings in Northern Ireland (including proceedings in the Supreme Court on an appeal, or on an application for leave to appeal, from proceedings in Northern Ireland)—
a
subsection (5) has effect as if for “out of money provided by Parliament” there were substituted “by the Department of Justice in Northern Ireland”;
b
the power to make regulations under subsection (8)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor).
3
In sections 67(1)(c) and 139(1)(c) (appropriate judge) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.
4
In section 185(4) (free legal aid: supplementary) for “Lord Chancellor” substitute “Department of Justice in Northern Ireland”.
5
In section 223 (orders and regulations)—
a
in subsection (4) after “instrument” insert “(subject to subsection (10))”;
b
after subsection (9) insert—
10
The power of the Department of Justice in Northern Ireland to make regulations under section 61(8)(b) or 134(8)(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979536.
11
Regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Justice (Northern Ireland) Act 2004
71
1
Amend Schedule 3 to the Justice (Northern Ireland) Act 2004537 (court security) as follows.
2
In paragraph 1(3)(a) for “the Lord Chancellor” substitute “that Department”.
3
In paragraph 1(4) for “Lord Chancellor” substitute “Department of Justice”.
4
In paragraph 3(6)(d) for “the Lord Chancellor” substitute “that Department”.
5
In paragraph 5A(5) for “Lord Chancellor” substitute “Department of Justice”.
6
In paragraph 6(1) for “Lord Chancellor” substitute “Department of Justice”.
Civil Partnership Act 2004
72
Amend the Civil Partnership Act 2004538 as follows.
73
In section 219 (dissolution etc: power to make provision corresponding to EC Regulation 2201/2003)—
a
in subsection (1)(a) and (b) omit “or Northern Ireland”;
b
after subsection (1) insert—
1A
The Department of Justice in Northern Ireland may by regulations make provision—
a
as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and
b
as to the recognition in Northern Ireland of any such judgment as is mentioned in subsection (1)(b).
c
in subsection (5) after “(1)(b)” insert “, (1A)(b)”;
d
after subsection (6) insert—
6A
Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
6B
No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
6C
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
74
In section 237 (supplementary provisions relating to recognition of dissolution etc)—
a
in subsection (2) after “Lord Chancellor” insert “, the Department of Justice in Northern Ireland”;
b
in subsection (3) after “power” insert “of the Lord Chancellor or the Scottish Ministers”;
c
after subsection (4) insert—
4A
The power of the Department of Justice in Northern Ireland to make regulations under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4B
Regulations made by the Department of Justice under subsection (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
75
1
Amend Schedule 15 (financial relief in the High Court or a county court etc: Northern Ireland) as follows.
2
In paragraph 14(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
3
In paragraph 23(4) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
4
In paragraph 31(3) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
5
In paragraph 50(5) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
76
In paragraph 2(4) of Schedule 16 (financial relief in court of summary jurisdiction: Northern Ireland) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
77
In paragraph 14(6) of Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc of civil partnership) for the words from “annulment” to “accordingly” substitute “negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.
Constitutional Reform Act 2005
78
Amend paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005539 (protected functions of the Lord Chancellor) as follows.
79
In Part A omit the entries for—
a
section 25(3)(c) of the Administration of Justice Act 1982540;
b
section 91(3)(c) of the Arbitration Act 1996541.
80
In Part B under the heading of the Child Support (Northern Ireland) Order 1991542—
a
omit the entries for Articles 25(6)(a) and (7), 26(2)(a), (3)(c) and (5), 48(1) and 51(1);
b
for “Schedule 4, paragraphs 1, 1A, 3A(1) and 4” substitute “Schedule 4, paragraph 4”.
81
In Part B omit the entries for—
a
sections 1, 5A and 11(3) of the Coroners Act (Northern Ireland) 1959543;
b
section 19(3) of the Registration of Deeds Act (Northern Ireland) 1970544;
c
sections 53(1)(f) and (2), 54(1), (5) and (6), 56(4), 68(3), (5) and (6), 75(1), (7) and (9), 82(1) and 116(1) and (2) of the Judicature (Northern Ireland) Act 1978545;
d
Article 33(4C) of the Matrimonial Causes (Northern Ireland) Order 1978546;
e
Articles 2(2), 46(1)(d) to (g), 46(4) and (5) and 59 of the County Courts (Northern Ireland) Order 1980547;
f
Articles 6A(3), 10(1), 13(5) and 24(7) of the Magistrates’ Courts (Northern Ireland) Order 1981548;
g
Article 6(2) of the Forfeiture (Northern Ireland) Order 1982549;
h
Article 104(5) of the Mental Health (Northern Ireland) Order 1986550;
i
sections 22(6), 165(2) and 167(1) of, and paragraph 7 of Schedule 2 to, the Social Security Administration (Northern Ireland) Act 1992551;
j
paragraphs 2(1)(g), 6 and 9 of Schedule 2 to the Family Law (Northern Ireland) Order 1993552;
k
Articles 164(5), 181 and 183(3) of the Children (Northern Ireland) Order 1995553;
l
Articles 36(1) and 40(1) and (2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998554;
m
Article 7(8) of the Road Traffic (New Drivers) (Northern Ireland) Order 1998555;
n
Articles 15(12) and (13) and 74(2) of the Social Security (Northern Ireland) Order 1998556;
o
Article 40(7)(b) of the Fair Employment and Treatment (Northern Ireland) Order 1998557;
p
paragraph 20(1) and (6) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000558;
q
sections 2(2), 3(2)(b), 19(4), 50(5) and 51(3) of, and paragraphs 1(2) and (3), 2(3) and (4), 3, 4(1), 5(5) and (6), 6 and 7(2) and (3) of Schedule 2 to, the Justice (Northern Ireland) Act 2002559;
r
paragraph 1(3)(a) of Schedule 3 to the Justice (Northern Ireland) Act 2004560.
Forced Marriage (Civil Protection) Act 2007
82
1
Amend paragraph 14 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007561 (protection against forced marriage: Northern Ireland) as follows.
2
In sub-paragraph (2)(d) for the words from “annulment” to “accordingly)” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)”.
3
In sub-paragraph (3)(d) for “each House of Parliament” substitute “the Northern Ireland Assembly”.
4
After sub-paragraph (3) insert—
4
Section 41(3) of the Interpretation Act (Northern Ireland) 1954562 applies for the purposes of sub-paragraph (3) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Criminal Justice and Immigration Act 2008
83
Amend the Criminal Justice and Immigration Act 2008563 as follows.
84
In section 82(4)(a) and (b)(vi) (requests to other member States: Northern Ireland) for “Lord Chancellor” substitute “Department of Justice”.
85
In section 83 (procedure on issue of certificate: Northern Ireland)—
a
omit subsection (2);
b
in subsection (3) for the words from the beginning to “those documents” substitute “The Department of Justice must give the documents mentioned in subsection (3A)”;
c
after subsection (3) insert—
3A
The documents are—
a
the certificate;
b
a certified copy of the decision requiring payment of the financial penalty.
d
in subsection (4) for “Lord Chancellor” substitute “Department of Justice”.
86
In section 84 (requests from other member States: England and Wales) after subsection (6) insert—
7
Where the documents mentioned in subsection (1)(a) are given to the Lord Chancellor by the Department of Justice under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.
87
In section 87 (requests from other member States: Northern Ireland)—
a
in subsections (1), (2), (3), (4) and (6) for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;
b
after subsection (6) insert—
7
Where the documents mentioned in subsection (1)(a) are given to the Department of Justice by the Lord Chancellor under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Department of Justice.
88
In section 88(1) and (4) (procedure on receipt of certificate by clerk of petty sessions) for “Lord Chancellor” substitute “Department of Justice”.
89
In section 89(5) (modification of the Magistrates’ Courts (Northern Ireland) Order 1981564), in the modification of Article 95 of that Order, for “Lord Chancellor” substitute “Department of Justice”.
90
In section 90 (transfer of certificates to central authority for Scotland)—
a
in subsection (1)(a) after “Lord Chancellor” insert “or the Department of Justice”;
b
for subsection (1)(b) substitute—
b
the financial penalty is not suitable for enforcement in England and Wales or Northern Ireland for the purposes of section 84(1) or 87(1).
c
in subsection (2) for the words from “Lord Chancellor” to the end substitute
documents must be given to the central authority for Scotland—
a
in a case to which paragraph 6 of Schedule 18 applies, by the Lord Chancellor;
b
in a case to which paragraph 7 of Schedule 18 applies, by the Department of Justice;
c
in any other case, by whoever was given the documents by the competent authority or central authority of the other member State
91
After section 90 insert—
90ATransfer of certificates by Department of Justice to Lord Chancellor and vice versa
1
Subsection (2) applies where—
a
the competent authority or central authority of a member State other than the United Kingdom gives the Department of Justice—
i
a certificate requesting enforcement under the Framework Decision on financial penalties, and
ii
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or
b
the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Department of Justice.
2
The Department of Justice must give the documents to the Lord Chancellor if—
a
it is a case to which paragraph 6 of Schedule 18 applies, or
b
other than by virtue of that paragraph, the financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1).
3
Subsection (4) applies where—
a
the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
i
a certificate requesting enforcement under the Framework Decision on financial penalties, and
ii
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, or
b
the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Lord Chancellor.
4
The Lord Chancellor must give the documents to the Department of Justice if—
a
it is a case to which paragraph 7 of Schedule 18 applies, or
b
other than by virtue of that paragraph, the financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).
92
1
Amend section 91 (recognition of financial penalties: general) as follows.
2
After subsection (4) insert—
5
In the application of this section to Northern Ireland, in subsection (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.
93
In section 92(1) (interpretation), at the appropriate place, insert—
“Department of Justice” means the Department of Justice in Northern Ireland;
94
In section 147 (orders, rules and regulations)—
a
after subsection (1) insert—
1A
Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979565.
b
in subsection (2) for “such orders or regulations” substitute “orders or regulations falling within subsection (1) or (1A)”;
c
in subsection (5)(d) omit “, 83(4)”;
d
after subsection (5) insert—
5A
Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954566).
5B
Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
5C
Section 41(3) of the Interpretation Act (Northern Ireland) 1954567 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
95
1
Amend Schedule 18 (penalties suitable for enforcement in England and Wales or Northern Ireland) as follows.
2
In paragraph 5—
a
in sub-paragraph (2) for “The” substitute “If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the”;
b
after sub-paragraph (3) insert—
4
If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless it is suitable for enforcement in England and Wales by virtue of sub-paragraph (5).
5
The financial penalty is suitable for enforcement in England and Wales if the Department of Justice thinks that it is more appropriate for the penalty to be enforced in England and Wales than in Northern Ireland.
3
In paragraph 6—
a
in sub-paragraph (2) after “(3)” insert “or (4)”;
b
in sub-paragraph (3)(a) after “Scotland” insert “or by the Department of Justice under section 90A”;
c
after sub-paragraph (3) insert—
4
This sub-paragraph applies if—
a
the Lord Chancellor was given the certificate by the Department of Justice under section 90A,
b
the Department of Justice was not given the certificate by the central authority for Scotland, and
c
the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.
4
In paragraph 7—
a
in sub-paragraph (2) after “(3)” insert “or (4)”;
b
in sub-paragraph (3)(a) and (b) for “Lord Chancellor” substitute “Department of Justice”;
c
in sub-paragraph (3)(a) after “Scotland” insert “or by the Lord Chancellor under section 90A”;
d
after sub-paragraph (3) insert—
4
This sub-paragraph applies if—
a
the Department of Justice was given the certificate by the Lord Chancellor under section 90A,
b
the Lord Chancellor was not given the certificate by the central authority for Scotland, and
c
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.
5
In paragraph 8—
a
in sub-paragraph (2) for “The” substitute “If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the”;
b
after sub-paragraph (5) insert—
6
If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless—
a
it is suitable for enforcement in England and Wales by virtue of sub-paragraph (7) or (8), or
b
sub-paragraph (9) applies.
7
The financial penalty is suitable for enforcement in England and Wales if—
a
the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and
b
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland or Scotland.
8
The financial penalty is suitable for enforcement in England and Wales if—
a
the Department of Justice was given the certificate by the central authority for Scotland, and
b
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland.
9
This sub-paragraph applies if—
a
the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and
b
the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland or England and Wales.
96
In paragraph 7 of Schedule 19 after sub-paragraph (3) insert—
4
In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.
Northern Ireland Act 2009
97
1
Amend the Northern Ireland Act 2009568 as follows.
2
Omit paragraph 18 of Schedule 4 (amendment of section 119 of the Judicature (Northern Ireland) Act 1978).
PART 2Acts of the Parliament of Northern Ireland
Administration of Justice Act (Northern Ireland) 1954
98
1
Amend the Administration of Justice Act (Northern Ireland) 1954569 as follows.
2
In section 14 (power to grant licence for use of courthouse accommodation) omit subsection (2).
3
In sections 19(4) and 20(1), (3) and (5)(ii) (payments) for “Consolidated Fund of the United Kingdom” (wherever occurring) substitute “Consolidated Fund of Northern Ireland”.
Coroners Act (Northern Ireland) 1959
99
Amend the Coroners Act (Northern Ireland) 1959570 as follows.
100
At the end of section 2(1) (as substituted by paragraph 2(2) of Schedule 4 to the Northern Ireland Act 2009571) (appointment of coroners etc) insert—
Salaries and other amounts payable under this subsection shall be paid by the Department of Justice.
101
In section 5 (administrative expenses) for “Parliament of the United Kingdom” substitute “Assembly”.
102
In section 36 (rules and fees)—
a
in subsections (1), (1A), (1C) to (1E) and (1G) for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;
b
in subsection (1)(a) for “him” substitute “it”;
c
after subsection (1) insert—
1ZA
For the purposes of this section, “relevant authority” means—
a
in relation to rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice.
d
at the end of subsection (1A) insert “or, in relation to rules falling to be made by the Department of Justice, the Department of Finance and Personnel”;
e
in subsections (1D) and (1E) for “he” substitute “it”;
f
omit subsection (2);
g
after subsection (2) insert—
3
The Department of Justice may with the consent of the Department of Finance and Personnel determine the allowances payable to witnesses under this Act.
4
For the purposes of this section “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998572.
County Courts Act (Northern Ireland) 1959
103
Amend the County Courts Act (Northern Ireland) 1959573 as follows.
104
In section 106 (salaries and allowances of judges) after subsection (3) insert—
4
Sums payable under subsection (3) are to be paid by the Department of Justice.
105
In section 107(7) (deputy judges) for “There shall be paid” substitute “The Department of Justice shall pay”.
106
After section 136 insert—
136ACharges on Northern Ireland Consolidated Fund
There shall be charged on and paid out of the Consolidated Fund of Northern Ireland the salaries payable to judges under section one hundred and six.
107
Omit section 137 (payments out of voted moneys).
Magistrates’ Courts Act (Northern Ireland) 1964
108
1
Amend the Magistrates’ Courts Act (Northern Ireland) 1964574 as follows.
2
In section 12 (remuneration of resident magistrates) after subsection (1) insert—
1A
Subject to section 168(2), sums payable under subsection (1) are to be paid by the Department of Justice.
3
In section 168(2) (expenses) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.
Children and Young Persons Act (Northern Ireland) 1968
109
1
Amend the Children and Young Persons Act (Northern Ireland) 1968575 as follows.
2
In paragraph 8(d) of Schedule 2 (constitution of juvenile courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Registration of Deeds Act (Northern Ireland) 1970
110
1
Amend the Registration of Deeds Act (Northern Ireland) 1970576 as follows.
2
In section 19 (regulations)—
a
in subsection (3) omit “of the Lord Chancellor, with the concurrence of the Department of Economic Development,”;
b
omit subsection (4).
PART 3Orders in Council
Family Law Reform (Northern Ireland) Order 1977
111
1
Amend the Family Law Reform (Northern Ireland) Order 1977577 as follows.
2
In Article 10(2) (power to provide for manner of giving effect to direction for use of blood tests) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Fatal Accidents (Northern Ireland) Order 1977
112
1
Amend the Fatal Accidents (Northern Ireland) Order 1977578 as follows.
2
In Article 3A(5) (power to vary sum to be awarded as damages for bereavement) for “The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament,” substitute “The Department of Justice may by order subject to negative resolution”.
Rates (Northern Ireland) Order 1977
113
1
Amend the Rates (Northern Ireland) Order 1977579 as follows.
2
In paragraph 7(3) of Schedule 9B (Valuation Tribunal: rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Matrimonial Causes (Northern Ireland) Order 1978
114
1
Amend the Matrimonial Causes (Northern Ireland) Order 1978580 as follows.
2
In Article 26B(2) (pension sharing orders: duty to stay) for the words from “annulment” to “accordingly” substitute “negative resolution”.
3
In Article 27D(2B) (pensions: supplementary) for the words from “annulment” to “accordingly” substitute “negative resolution”.
4
In Article 27E(10) (Pension Protection Fund) for the words from “annulment” to “accordingly” substitute “negative resolution”.
5
In Article 33(4D) (variation etc of certain orders for financial relief) for the words from “annulment” to “accordingly” substitute “negative resolution”.
County Courts (Northern Ireland) Order 1980
115
Amend the County Courts (Northern Ireland) Order 1980581 as follows.
116
In Article 2(2) (interpretation), in the definition of “chief clerk”, for “the Lord Chancellor” substitute “that Department”.
117
In Article 22(2) (power to increase civil jurisdiction of county courts) for the words from “annulment” to “accordingly” substitute “negative resolution”.
118
In Article 47 (making of county court rules)—
a
after paragraph (1) insert—
1A
For the purposes of this Article, “relevant authority” means—
a
in relation to county court rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this paragraph “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998582.
b
for “Lord Chancellor” (wherever occurring) substitute “relevant authority”;
c
in paragraph (4) for “him” substitute “it”;
d
in paragraphs (6) and (8) for “he” substitute “it”.
119
In Article 67 (financial provisions) for “the Parliament of the United Kingdom” substitute “the Assembly”.
Domestic Proceedings (Northern Ireland) Order 1980
120
1
Amend the Domestic Proceedings (Northern Ireland) Order 1980583 as follows.
2
In Article 4(4) (powers of court to make orders for financial provision) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Judgments Enforcement (Northern Ireland) Order 1981
121
Amend the Judgments Enforcement (Northern Ireland) Order 1981584 as follows.
122
In Article 2(2) (interpretation)—
a
in the definition of “the Chief Enforcement Officer” for “the Lord Chancellor” substitute “that Department”;
b
in the definition of “enforcement officer” for “the Lord Chancellor” substitute “that Department”.
123
In Article 5(2) (power to apply Order to other judgments) for the words from “annulment” to “accordingly” substitute “negative resolution”.
124
For Article 7(1) (Enforcement of Judgments Office) substitute—
1
The Department of Justice shall continue to maintain the Office within that department.
125
In Article 72(5) (attachment of moneys in a bank or other deposit-taking institution) for the words from “annulment” to “accordingly” substitute “negative resolution”.
126
In Article 72A(4) (clerical and administrative costs of garnishees) for the words from “annulment” to “accordingly” substitute “negative resolution”.
127
In Article 124 (conduct of prosecutions) for “the Lord Chancellor” substitute “that Department”.
128
In Article 141(3) (Judgment Enforcement Rules) for the words from “annulment” to “accordingly” substitute “negative resolution”.
129
In Article 142 (financial provision) for “the Parliament of the United Kingdom” substitute “the Assembly”.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
130
1
Amend the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981585 as follows.
2
In Article 22(6) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.
3
In Article 36 (expenses of free legal aid and making of rules)—
a
in paragraph (1) for “Parliament” substitute “the Assembly”;
b
in paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.
4
In paragraph 7 of Schedule 2 (remuneration of persons giving legal aid under Part 2 of Order) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Magistrates’ Courts (Northern Ireland) Order 1981
131
Amend the Magistrates’ Courts (Northern Ireland) Order 1981586 as follows.
132
In Article 6A(5) (costs in legal proceedings) for the words from “annulment” to “accordingly” substitute “negative resolution”.
133
In Article 13 (magistrates’ courts rules)—
a
after paragraph (3) insert—
3ZA
For the purposes of paragraphs (3A) to (3D), “relevant authority” means—
a
in relation to magistrates’ courts rules which deal (or would deal) with an excepted matter, the Lord Chancellor; and
b
otherwise, the Department of Justice;
and for the purposes of this paragraph “deal with” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998587.
b
in paragraphs (3A) and (3D) for “Lord Chancellor” substitute “relevant authority”;
c
in paragraph (3B)—
i
for “Lord Chancellor” substitute “relevant authority”;
ii
for “he” substitute “it”.
134
In Article 24(7) (non-appearance of accused: plea of guilty) for the words from “annulment” to “accordingly” substitute “negative resolution”.
135
In Article 85(12) (orders for periodical payment: means of payment) for the words from “annulment” to “accordingly” substitute “negative resolution”.
136
In Article 86A(6) (interest on arrears) for the words from “annulment” to “accordingly” substitute “negative resolution”.
137
In Articles 139(1) and (3) and 151(2) (payments) (wherever occurring) for “Consolidated Fund of the United Kingdom” substitute “Consolidated Fund of Northern Ireland”.
138
In Article 150(1) and (2) (abandonment of appeal to county court or by way of case stated) for “the Lord Chancellor” substitute “that Department”.
139
In Article 167(2) (expenses) for “Lord Chancellor in performing his functions” substitute “Department of Justice in performing its functions”.
Matrimonial and Family Proceedings (Northern Ireland) Order 1989
140
1
Amend the Matrimonial and Family Proceedings (Northern Ireland) Order 1989588 as follows.
2
In Article 25(5) (application to certain orders of certain provisions of Part 3 of the principal Order) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Insolvency (Northern Ireland) Order 1989
141
Amend the Insolvency (Northern Ireland) Order 1989589 as follows.
142
1
Amend Article 359 (insolvency rules) as follows.
2
In paragraphs (1) and (2)(d) for “Lord Chancellor” substitute “Department of Justice”.
3
In paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution”.
143
In Article 360(1) (committee to review rules under Article 359) for “Lord Chancellor” substitute “Department of Justice”.
144
In Article 364 (insolvent partnerships)—
a
in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;
b
in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.
145
In Article 365 (insolvent estates of deceased persons)—
a
in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;
b
in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.
146
1
In this paragraph “relevant function” means a function under Article 359 conferred by virtue of—
a
section 134 or 167 of the Banking Act 2009590, or
b
article 17 of the Building Societies (Insolvency and Special Administration) Order 2009591.
2
Any relevant function of the Lord Chancellor is transferred to the Department of Justice.
3
Any relevant function of the Treasury is transferred to the Department of Finance and Personnel in Northern Ireland.
Child Support (Northern Ireland) Order 1991
147
Amend the Child Support (Northern Ireland) Order 1991592 as follows.
148
In Article 48(1) (regulations and orders) for the words from “annulment” to “accordingly” substitute “negative resolution”.
149
In paragraph 4 of Schedule 4 (pensions of Child Support Commissioners)—
a
for “Lord Chancellor may” substitute “Department of Justice shall”;
b
for “as he may” substitute “as the Lord Chancellor may”.
Family Law (Northern Ireland) Order 1993
150
1
Amend the Family Law (Northern Ireland) Order 1993593 as follows.
2
For Article 12(4) (family proceedings rules) substitute—
4
Family proceedings rules shall be subject to negative resolution.
Children (Northern Ireland) Order 1995
151
1
Amend the Children (Northern Ireland) Order 1995594 as follows.
2
In Article 183 (regulations and orders) for paragraph (3) substitute—
3
Orders under this Order made by the Department of Justice shall be subject to negative resolution.
Juries (Northern Ireland) Order 1996
152
1
Amend the Juries (Northern Ireland) Order 1996595 as follows.
2
In Article 2(2) (interpretation), in the definition of “Juries Officer”, for “the Lord Chancellor” substitute “that Department”.
3
In Article 27(2) (juror’s oath) for the words from “annulment” to “accordingly” substitute “negative resolution”.
4
In Article 30(2) (regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.
5
In Schedule 2 (persons ineligible for jury service) after the entry for “Officers of the Northern Ireland Office or of the Lord Chancellor’s Department” insert the following entry—
Officers of the Department of Justice
Road Traffic Offenders (Northern Ireland) Order 1996
153
1
Amend the Road Traffic Offenders (Northern Ireland) Order 1996596 as follows.
2
In Article 91 (procedure for making regulations and orders)—
a
in paragraph (2) omit “Subject to paragraph (3),”;
b
omit paragraph (3).
Family Homes and Domestic Violence (Northern Ireland) Order 1998
154
1
Amend the Family Homes and Domestic Violence (Northern Ireland) Order 1998597 as follows.
2
In Article 40(1) (orders and regulations) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Social Security (Northern Ireland) Order 1998
155
1
Amend the Social Security (Northern Ireland) Order 1998598 as follows.
2
In Article 75(4) (Assembly etc control of regulations) for the words from “Lord Chancellor” to “accordingly” substitute “Department of Justice shall be subject to negative resolution”.
Access to Justice (Northern Ireland) Order 2003
156
Amend the Access to Justice (Northern Ireland) Order 2003599 as follows.
157
In Articles 11(4) (funding of services), 16(2), (4), (5), (6) and (8)(a) (procedure relating to funding code), 22(6) and (8) (criminal defence services: code of conduct) and 46(5) (orders, regulations and directions) and in paragraphs 15(3) and 16(4) and (6) of Schedule 1 (Northern Ireland Legal Services Commission) for “each House of Parliament” substitute “the Assembly”.
158
In Article 16 (procedure relating to funding code)—
a
for paragraph (7) substitute—
7
Where the Department of Justice considers that it is desirable for a revised version of the code containing such changes to come into force without delay, it may (when laying the revised version before the Assembly) also lay before the Assembly a statement of its reasons for so considering.
b
in paragraph (8)(b) for “each House” substitute “the Assembly”.
159
In Article 46 (orders, regulations and directions) in paragraph (6) for the words from “annulment” to “accordingly” substitute “negative resolution”.
160
1
In paragraph 17 of Schedule 1 (Northern Ireland Legal Services Commission: account and audit)—
a
for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;
b
in sub-paragraph (2) for “Treasury” substitute “Department of Finance and Personnel”;
c
for “Comptroller and Auditor General” (wherever occurring) substitute “Comptroller and Auditor General for Northern Ireland”;
d
in sub-paragraph (5) for “each House of Parliament” substitute “the Assembly”.
2
Sub-paragraph (1) above does not apply in relation to a financial year ending before the coming into force of this Order.
161
In Schedule 3 (transitional provision and savings)—
a
in paragraph 4(7) for “Parliament” substitute “the Assembly”;
b
in paragraph 5(6) for “Parliament” substitute “the Assembly”.
Insolvency (Northern Ireland) Order 2005
162
Amend the Insolvency (Northern Ireland) Order 2005600 as follows.
163
In Article 24 (disqualification for office: general) for paragraph (7) substitute—
7
An order by virtue of paragraph (5)(d) made by—
a
the Department of Justice; or
b
any other Northern Ireland department with the concurrence of the Department of Justice,
may provide for a discretion to be subject to appeal to a specified court or tribunal.
Traffic Management (Northern Ireland) Order 2005
164
1
Amend the Traffic Management (Northern Ireland) Order 2005601 as follows.
2
In Article 46 (regulations)—
a
in paragraph (1) omit “Subject to paragraph (2),”;
b
omit paragraph (2).
Legal Aid (Northern Ireland) Order 2005
165
Amend Schedule 1 to the Legal Aid (Northern Ireland) Order 2005602 (minor and consequential amendments) as follows.
166
In paragraph 8, in the inserted Article 12A of the Access to Justice (Northern Ireland) Order 2003603—
a
in paragraph (1)—
i
for “Lord Chancellor” substitute “Department of Justice”;
ii
for “him” substitute “the Department of Justice”;
b
in paragraph (4)—
i
for “Lord Chancellor” substitute “Department of Justice”;
ii
for “he” substitute “the Department of Justice”.
Criminal Justice (Northern Ireland) Order 2008
167
1
Amend the Criminal Justice (Northern Ireland) Order 2008604 as follows.
2
Omit Article 61(10) (experimental period for alcohol ignition interlock programme orders).
PART 4Acts of the Northern Ireland Assembly
Child Support, Pensions and Social Security Act (Northern Ireland) 2000
168
1
Amend the Child Support, Pensions and Social Security Act (Northern Ireland) 2000605 as follows.
2
In paragraph 20(6) of Schedule 7 (housing benefit: revisions and appeals) for the words from “annulment” to “accordingly” substitute “negative resolution”.
Charities Act (Northern Ireland) 2008
169
Amend the Charities Act (Northern Ireland) 2008606 as follows.
170
In section 13 (Charity Tribunal: practice and procedure)—
a
for “Lord Chancellor” (wherever occurring) substitute “Department of Justice”;
b
in subsection (8) for the words from “annulment” to “accordingly” substitute “negative resolution”.
171
In paragraph 6 of Schedule 2 (Charity Tribunal: staff and facilities) for “Lord Chancellor” substitute “Department of Justice”.
Pensions (No. 2) Act (Northern Ireland) 2008
172
Amend Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008607 (pension compensation on divorce etc) as follows.
173
In paragraph 3, in the inserted Article 26E of the Matrimonial Causes (Northern Ireland) Order 1978 608—
a
in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;
b
in paragraph (2) for the words from “annulment” to “accordingly” substitute “negative resolution”.
174
In paragraph 7, in the inserted Article 27G of the Matrimonial Causes (Northern Ireland) Order 1978—
a
in paragraph (1) for “Lord Chancellor” substitute “Department of Justice”;
b
in paragraph (3) for the words from “annulment” to “accordingly” substitute “negative resolution”.
175
In paragraph 15, in the inserted paragraph 14E of Schedule 15 to the Civil Partnership Act 2004609—
a
in sub-paragraph (2) for “Lord Chancellor” substitute “Department of Justice”;
b
in sub-paragraph (4) for the words from “annulment” to “accordingly” substitute “negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954610)”.