The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

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) 1954(1) 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) 1959(2) as follows.

100.  At the end of section 2(1) (as substituted by paragraph 2(2) of Schedule 4 to the Northern Ireland Act 2009(3)) (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 1998(4).”.

County Courts Act (Northern Ireland) 1959

103.  Amend the County Courts Act (Northern Ireland) 1959(5) 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—

“136A    Charges 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) 1964(6) 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) 1968(7) 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) 1970(8) 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).