Northern Ireland (Miscellaneous Provisions) Bill

House of Commons

Session 2005 - 06
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Northern Ireland (Miscellaneous Provisions) Bill

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Devolution of policing and justice functions etc.
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Provision for transfer of functions relating to extradition etc.
After section 86 of the 1998 Act insert—
“86A
Provision for transfer of functions relating to extradition etc.
(1)
Her Majesty may by Order in Council make provision amending—
(a)
the Crime (International Co-operation) Act 2003; or
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(b)
the Extradition Act 2003,

for the purpose of transferring to a Minister or a Northern Ireland
department, with effect from any date specified in the Order, any
relevant function under the Act.
(2)
In subsection (1) “relevant function” means a function which,
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immediately before the date specified in the Order,—
(a)
is exercisable by a Minister of the Crown; and
(b)
is exercisable in relation to Northern Ireland.
(3)
An Order under subsection (1) may make provision, to such extent as
may appear to Her Majesty to be necessary or expedient in consequence
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of, or for giving full effect to, the Order—
(a)
for transferring or apportioning any property, rights or
liabilities;
(b)
for substituting any body or person for any other body or
person in any charter, contract or other document or in any legal
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proceedings;
(c)
for any other transitional or consequential matter.
(4)
No recommendation shall be made to Her Majesty to make an Order
under this section unless a draft of it has been laid before and approved
by resolution of each House of Parliament.”
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Provision for entrenching enactments
After section 86A of the 1998 Act insert—
“86B
Provision for entrenching enactments
(1)
Her Majesty may by Order in Council make provision amending
section 7 so as to provide for—
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(a)
enactments to become entrenched; or
(b)
enactments that are entrenched by virtue of an Order under
paragraph (a) to cease to be entrenched.
(2)
For the purposes of this section an enactment is entrenched if section 7
prevents it from being modified by an Act of the Assembly or
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subordinate legislation made, confirmed or approved by a Minister or
Northern Ireland department.
(3)
No recommendation shall be made to Her Majesty to make an Order
under this section unless a draft of it has been laid before and approved
by resolution of each House of Parliament.”
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Northern Ireland (Miscellaneous Provisions) Bill
Part 6 — Miscellaneous
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Part 6
Miscellaneous
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Arms decommissioning: extension of amnesty period
In section 2(3)(b) of the Northern Ireland Arms Decommissioning Act 1997 (c.
7) (date on which amnesty period must end), for “2007” substitute “2010”.
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24
Loans to Consolidated Fund of Northern Ireland: increase of limits
(1)
Amend section 1 of the Northern Ireland (Loans) Act 1975 (c. 83) as follows.
(2)
In subsection (2) (limit on loans to the Consolidated Fund of Northern Ireland), for
“£2,000 million” substitute “£3,000 million”.
(3)
In subsection (5) (power to increase the limit by order)—
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(a)
omit “, on not more than one occasion,”,
(b)
for “the limit in subsection (2)” substitute “the limit for the time being
specified in subsection (2)”, and
(c)
for “£300 million” substitute “£500 million”.
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Single wholesale electricity market
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(1)
Her Majesty may by Order in Council make provision for giving effect to any
agreement or arrangement—
(a)
which has been entered into between Her Majesty’s Government and
the Government of Ireland,
(b)
which relates to the establishment or operation of a single wholesale
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electricity market in Northern Ireland and Ireland, and
(c)
a copy of which has been presented to Parliament by the Secretary of
State by command of Her Majesty.
(2)
An Order in Council under this section may—
(a)
amend, repeal or revoke any provision made by or under an Act of
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Parliament or Northern Ireland legislation (whenever passed or made);
(b)
confer powers on bodies or persons specified in, or appointed under or
by virtue of, the Order, including powers to make statutory rules
(within the meaning of the Statutory Rules (Northern Ireland) Order
1979 (S.I. 1979/1573 (N.I. 12)));
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(c)
create offences;
(d)
make provision which applies generally or only in specified cases or
circumstances;
(e)
make different provision for different cases or circumstances;
(f)
make such consequential, incidental, supplementary or transitional
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provision as appears to Her Majesty to be necessary or expedient.
(3)
No recommendation is to be made to Her Majesty to make an Order under this
section unless a draft of the Order has been laid before and approved by
resolution of each House of Parliament.
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Financial assistance for energy purposes
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For Article 61 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419

Northern Ireland (Miscellaneous Provisions) Bill
Part 6 — Miscellaneous
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(N.I. 6)) substitute—
“61
Financial assistance for energy purposes
(1)
The Department may give financial assistance to any person if, in the
opinion of the Department—
(a)
the form and amount of the assistance is reasonable having
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regard to all the circumstances; and
(b)
the giving of the assistance is likely to achieve one or more of the
purposes set out in paragraph (2).
(2)
Those purposes are—
(a)
to secure a diverse and viable long-term energy supply;
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(b)
to promote the development and maintenance of an efficient,
economic and co-ordinated gas industry in Northern Ireland;
(c)
to promote efficiency and economy on the part of persons
engaged in the generation, production, transmission,
distribution or supply of energy;
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(d)
to promote the efficient use of energy;
(e)
to promote the development or the bringing into use of—
(i)
energy from renewable sources, or
(ii)
technologies for the production of energy from such
sources;
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(f)
to promote research and development in relation to other
matters connected with energy supply;
(g)
to promote the generation, production, transmission,
distribution or supply of energy from renewable sources;
(h)
to promote the production, distribution or use of renewable
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transport fuels;
(i)
to limit or reduce emissions of greenhouse gases, or other effects
on the environment, resulting from the generation, production,
transmission, distribution, supply or use of energy;
(j)
to conduct research, or to raise awareness, about matters
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referred to in sub-paragraph (i);
(k)
any other purpose prescribed by regulations made by the
Department with the approval of the Department of Finance
and Personnel.
(3)
Financial assistance under this Article may be given—
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(a)
in respect of particular activities carried on or supported by the
recipient, or
(b)
generally in respect of all or some part of the activities carried
on or supported by the recipient.
(4)
Financial assistance under this Article shall be given—
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(a)
in such form, and
(b)
subject to such conditions,

as the Department considers appropriate.
(5)
Without prejudice to the generality of paragraph (4), financial
assistance under this Article may be given in one or more of the
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following forms—
(a)
by making grants (whether or not repayable) or loans;

Northern Ireland (Miscellaneous Provisions) Bill
Part 6 — Miscellaneous
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(b)
by giving indemnities;
(c)
by making investments in bodies corporate;
(d)
by incurring expenditure for the benefit of a person;
(e)
by providing services, staff or equipment for the benefit of a
person.
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(6)
Without prejudice to the generality of paragraph (4), financial
assistance under this Article may be given subject to conditions—
(a)
as to repayment;
(b)
requiring payments to be made to the Department (which need
not be limited by reference to the value of the assistance given).
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(7)
In this Article—
“greenhouse gases” has the meaning given by section 82(9) of the
Energy Act 2004;
“renewable sources” means sources of energy other than fossil
fuel, peat or nuclear fuel, and includes waste (and for this
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purpose, “fossil fuel” and “peat” have the meaning given by
Article 52(7));
“renewable transport fuel” means—
(a)
liquid or gaseous fuel that is produced wholly or mainly
from biomass; or
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(b)
any other description of fuel specified in an order made
by the Department;
and for this purpose “biomass” means the biodegradable
portion of a specified product, waste or residue.”
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Extension to Northern Ireland of provisions of SOCAP 2005
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(1)
Sections 60 to 67, 69 and 70 of the Serious Organised Crime and Police Act 2005
(c. 15) (investigatory powers of DPP etc.) extend to Northern Ireland.
(2)
Schedule 3 contains amendments of that Act in connection with subsection (1).
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Responsibilities in relation to the health and safety etc. of police
(1)
In Article 47A of the Health and Safety at Work (Northern Ireland) Order 1978
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(S.I. 1978/1039 (N.I. 9)) (application of Part II of that Order to police) after
paragraph (2) insert—
“(2A)
For the purposes of this Part, the relevant officer, as defined by
paragraph (2)(a) or (c), shall be treated as a corporation sole.
(2B)
Where, in a case in which the relevant officer, as so defined, is guilty of
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an offence by virtue of this Article, it is proved—
(a)
that the officer-holder personally consented to the commission
of the offence,
(b)
that he personally connived in its commission, or
(c)
that the commission of the offence was attributable to personal
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neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly.

Northern Ireland (Miscellaneous Provisions) Bill
Part 6 — Miscellaneous
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(2C)
In paragraph (2B) “the office-holder”, in relation to the relevant officer,
means an individual who, at the time of the consent, connivance or
neglect—
(a)
held the office or other position mentioned in paragraph (2) as
the office or position of that officer; or
5
(b)
was for the time being responsible for exercising and
performing the powers and duties of that office or position.
(2D)
The provisions mentioned in paragraph (2E) (which impose the same
liability for unlawful conduct of constables on persons having their
direction or control as would arise if the constables were employees of
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those persons) do not apply to any liability by virtue of this Part.
(2E)
Those provisions are—
(a)
paragraph 7(1) of Schedule 8 to the Police Act 1997;
(b)
section 27(8) of the Police (Northern Ireland) Act 1998;
(c)
section 29(1) of that Act;
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(d)
section 28 of the Serious Organised Crime and Police Act 2005.”
(2)
For paragraph (2) of each of the following Articles of the Employment Rights
(Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))—
(a)
Article 72A (right of police officers not to suffer detriment in relation to
health and safety issues), and
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(b)
Article 169A (right of police officers not to be unfairly dismissed in
relation to health and safety issues),

substitute the paragraph set out in subsection (3).
(3)
The paragraph to be substituted is—
“(2)
In this Article “the relevant officer”, in relation to a person holding the
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office of constable, means the person who under Article 47A of the
Health and Safety at Work (Northern Ireland) Order 1978 is to be
treated as his employer for the purposes of Part II of that Order.”
(4)
The amendments made by subsections (1) to (3) have effect for the purposes of
any proceedings in or before a court or tribunal that are commenced on or after
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the day on which this Act is passed as if the amendments had come into force
on 1st July 1998.
(5)
For the purposes of proceedings commenced against a person in his capacity
by virtue of this section as a corporation sole, anything done by or in relation
to that person before the passing of this Act shall be deemed to have been done
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by or in relation to that person in that capacity.
(6)
No person shall be liable by virtue of Article 47A(2B) of the Health and Safety
at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) in respect of
anything occurring before the passing of this Act.
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Duty to fill judicial vacancies
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(1)
In section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (before its
substitution by section 4 of the Justice (Northern Ireland) Act 2002 (c. 26))
(appointment of Lord Chief Justice, Lords Justices of Appeal and judges of
High Court), after subsection (2) insert—
“(3)
The appointment by Her Majesty of a person to—
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Northern Ireland (Miscellaneous Provisions) Bill
Part 7 — Supplementary
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(a)
the office of Lord Chief Justice, or
(b)
the office of Lord Justice of Appeal,

shall be made on the recommendation of the Prime Minister.
(4)
The Prime Minister must make a recommendation to fill any vacancy in
the office of Lord Chief Justice.
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(5)
The Prime Minister must make a recommendation to fill any vacancy in
the office of Lord Justice of Appeal.
(6)
Subsection (5) does not apply to a vacancy while the Lord Chief Justice
agrees that it may remain unfilled.
(7)
The appointment by Her Majesty of a person to the office of a judge of
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the High Court shall be made on the recommendation of the Lord
Chancellor.”
(2)
In section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (as
substituted by section 4 of the Justice (Northern Ireland) Act 2002 (c. 26))
(appointment of Lord Chief Justice and Lords Justices of Appeal), after
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subsection (2) insert—
“(2A)
The Prime Minister must make a recommendation to fill any vacancy in
the office of Lord Chief Justice.
(2B)
The Prime Minister must make a recommendation to fill any vacancy in
the office of Lord Justice of Appeal.
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(2C)
Subsection (2B) does not apply to a vacancy while the Lord Chief
Justice agrees that it may remain unfilled.”
(3)
In section 5 of the Justice (Northern Ireland) Act 2002 (appointment to listed
judicial offices), after subsection (1) insert—
“(1A)
The Lord Chancellor must make an appointment, or a recommendation
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for an appointment, to fill any vacancy in a listed judicial office.
(1B)
Subsection (1A) does not apply to a vacancy while the Lord Chief
Justice agrees that it may remain unfilled.”
Part 7
Supplementary
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Financial provisions
(1)
There shall be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable by virtue of any other Act out of money provided by
Parliament.
(2)
There shall be paid out of the Consolidated Fund any increase attributable to this Act
35
in the sums payable by virtue of any other Act out of that Fund.
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Minor and consequential amendments etc.
(1)
Schedule 4 contains minor and consequential amendments.
(2)
Schedule 5 contains repeals and revocations.

Northern Ireland (Miscellaneous Provisions) Bill
Part 7 — Supplementary
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(3)
The Secretary of State may by order made by statutory instrument make
supplementary, incidental, consequential, transitional or saving provision for
the purposes of, in consequence of, or for giving full effect to, any provision of
Part 1.
(4)
An order under subsection (3) may, in particular—
5
(a)
provide for a provision of Part 1 which comes into force before another
provision of Part 1 or of the Electoral Administration Act 2006 has come
into force to have effect, until the other provision has come into force,
with specified modifications;
(b)
amend, repeal or revoke any enactment passed or made on or before
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the last day of the session in which this Act is passed.
(5)
“Enactment” includes any provision of Northern Ireland legislation or
subordinate legislation (within the meaning of the Interpretation Act 1978
(c. 30)) and any provision of Part 1 of Schedule 4.
(6)
No order is to be made under subsection (3) unless a draft of the instrument
15
containing the order has been laid before and approved by a resolution of each
House of Parliament.
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Commencement
(1)
The following come into force on the day on which this Act is passed—
(a)
section 1;
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(b)
sections 10 to 13;
(c)
section 24;
(d)
section 25;
(e)
section 26;
(f)
section 28;
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(g)
section 29;
(h)
section 30;
(i)
section 31(3) to (6);
(j)
this section;
(k)
section 33;
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(l)
section 34.
(2)
Part 4 (apart from section 13, but including Schedule 1) comes into force as
mentioned in section 13(2).
(3)
Subject to subsection (4), the other provisions of this Act come into force on
such day as the Secretary of State may appoint by order made by statutory
35
instrument.
(4)
Any repeals or revocations in Schedule 5 come into force in the same way as
any provision of this Act to which they relate.
(5)
Different days may be appointed under subsection (3) for different purposes.
(6)
The Secretary of State may by order made by statutory instrument make
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transitory or transitional provision or savings in connection with the coming
into force of any provision of this Act.