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4.—(1) Amend section 127A(1) (power to suspend operation of section 127) as follows.
(2) After subsection (1) insert—
“(1A) In the application of this section to Northern Ireland, in subsection (1) the reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.”
(3) At the end of subsection (3) insert “(subject to subsection (5))”.
(4) After subsection (4) insert—
“(5) The power of the Department of Justice in Northern Ireland to make orders under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
(6) No order may be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.”
Section 127A was inserted by section 139 of the Criminal Justice and Immigration Act 2008 (c. 4).
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