Northern Ireland (Miscellaneous Provisions) Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Northern Ireland (Miscellaneous Provisions) Bill

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Miscellaneous
15

22
Single wholesale electricity market
(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,
5
(b)
which relates to the establishment or operation of a single wholesale
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—
10
(a)
amend, repeal or revoke any provision made by or under an Act of
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
15
1979 (S.I. 1979/1573 (N.I. 12)));
(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;
20
(f)
make such consequential, incidental, supplementary or transitional
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.
25
23
Financial assistance for energy purposes
For Article 61 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419
(N.I. 6)) substitute—
“61
Financial assistance for energy purposes
(1)
The Department may give financial assistance to any person if, in the
30
opinion of the Department—
(a)
the form and amount of the assistance is reasonable having
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).
35
(2)
Those purposes are—
(a)
to secure a diverse and viable long-term energy supply;
(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
40
engaged in the generation, production, transmission,
distribution or supply of energy;
(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
45

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Miscellaneous
16

(ii)
technologies for the production of energy from such
sources;
(f)
to promote research and development in relation to other
matters connected with energy supply;
(g)
to promote the generation, production, transmission,
5
distribution or supply of energy from renewable sources;
(h)
to promote the production, distribution or use of renewable
transport fuels;
(i)
to limit or reduce emissions of greenhouse gases, or other effects
on the environment, resulting from the generation, production,
10
transmission, distribution, supply or use of energy;
(j)
to conduct research, or to raise awareness, about matters
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
15
and Personnel.
(3)
Financial assistance under this Article may be given—
(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
20
on or supported by the recipient.
(4)
Financial assistance under this Article shall be given—
(a)
in such form, and
(b)
subject to such conditions,

as the Department considers appropriate.
25
(5)
Without prejudice to the generality of paragraph (4), financial
assistance under this Article may be given in one or more of the
following forms—
(a)
by making grants (whether or not repayable) or loans;
(b)
by giving indemnities;
30
(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.
(6)
Without prejudice to the generality of paragraph (4), financial
35
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).
(7)
In this Article—
40
“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
purpose, “fossil fuel” and “peat” have the meaning given by
45
Article 52(7));
“renewable transport fuel” means—

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Miscellaneous
17

(a)
liquid or gaseous fuel that is produced wholly or mainly
from biomass; or
(b)
any other description of fuel specified in an order made
by the Department;
and for this purpose “biomass” means the biodegradable
5
portion of a specified product, waste or residue.”
24
Extension to Northern Ireland of provisions of SOCAP 2005
(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).
10
25
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
(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
15
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
an offence by virtue of this Article, it is proved—
(a)
that the officer-holder personally consented to the commission
of the offence,
20
(b)
that he personally connived in its commission, or
(c)
that the commission of the offence was attributable to personal
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
25
accordingly.
(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
30
the office or position of that officer; or
(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
35
direction or control as would arise if the constables were employees of
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;
40
(c)
section 29(1) of that Act;
(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))—

Northern Ireland (Miscellaneous Provisions) Bill
Part 5 — Miscellaneous
18

(a)
Article 72A (right of police officers not to suffer detriment in relation to
health and safety issues), and
(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).
5
(3)
The paragraph to be substituted is—
“(2)
In this Article “the relevant officer”, in relation to a person holding the
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.”
10
(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
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
15
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
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
20
anything occurring before the passing of this Act.
26
Duty to fill judicial vacancies
(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
25
High Court), after subsection (2) insert—
“(3)
The appointment by Her Majesty of a person to—
(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.
30
(4)
The Prime Minister must make a recommendation to fill any vacancy in
the office of Lord Chief Justice.
(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
35
agrees that it may remain unfilled.
(7)
The appointment by Her Majesty of a person to the office of a judge of
the High Court shall be made on the recommendation of the Lord
Chancellor.”
(2)
In section 12 of the Judicature (Northern Ireland) Act 1978 (as substituted by
40
section 4 of the Justice (Northern Ireland) Act 2002) (appointment of Lord Chief
Justice and Lords Justices of Appeal), after subsection (2) insert—
“(2A)
The Prime Minister must make a recommendation to fill any vacancy in
the office of Lord Chief Justice.

Northern Ireland (Miscellaneous Provisions) Bill
Part 6 — Supplementary
19

(2B)
The Prime Minister must make a recommendation to fill any vacancy in
the office of Lord Justice of Appeal.
(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 (c. 26) (appointment to
5
listed judicial offices), after subsection (1) insert—
“(1A)
The Lord Chancellor must make an appointment, or a recommendation
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.”
10
Part 6
Supplementary
27
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
15
money provided by Parliament.
(2)
There shall be paid out of the Consolidated Fund any increase attributable to
this Act in the sums payable by virtue of any other Act out of that Fund.
28
Minor and consequential amendments etc.
(1)
Schedule 4 contains minor and consequential amendments.
20
(2)
Schedule 5 contains repeals and revocations.
(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.
25
(4)
An order under subsection (3) may, in particular—
(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;
30
(b)
amend, repeal or revoke any enactment passed or made on or before
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.
35
(6)
No order is to be made under subsection (3) unless a draft of the instrument
containing the order has been laid before and approved by a resolution of each
House of Parliament.
29
Commencement
(1)
The following come into force on the day on which this Act is passed—
40

Northern Ireland (Miscellaneous Provisions) Bill
Part 6 — Supplementary
20

(a)
section 1;
(b)
section 10;
(c)
section 21;
(d)
section 22;
(e)
section 23;
5
(f)
section 25;
(g)
section 26;
(h)
section 27;
(i)
section 28(3) to (6);
(j)
this section;
10
(k)
section 30;
(l)
section 31.
(2)
Part 3 (apart from section 10, but including Schedule 1) comes into force as
mentioned in section 10(2).
(3)
Subject to subsection (4), the other provisions of this Act come into force on
15
such day as the Secretary of State may appoint by order made by statutory
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.
20
(6)
The Secretary of State may by order made by statutory instrument make
transitory or transitional provision or savings in connection with the coming
into force of any provision of this Act.
30
Extent
(1)
The extent of any amendment or repeal made by this Act is the same as that of
25
the enactment amended or repealed.
(2)
But the amendments and repeals made by Schedule 3 (and Schedule 5 so far as
relating to that Schedule) extend to England and Wales and Northern Ireland
only.
31
Short title
30
This Act may be cited as the Northern Ireland (Miscellaneous Provisions) Act
2006.