|
|
| |
|
|
|
Northern Ireland (Miscellaneous Provisions) Bill |
|
[The page and line references are to HL Bill 110, the bill as first printed for the Lords.] |
|
|
|
1 | |
|
2 | |
|
3 | Insert the following new Clause— |
|
| “Continued suspension of Assembly: Parliamentary control of Orders in |
|
| |
| (1) | This section shall come into force on 25th November 2006 unless a |
|
| restoration order under section 2(2) of the Northern Ireland Act 2000 (c. 1) |
|
| has been made before that date (in which case this section shall cease to |
|
| |
| (2) | Paragraph 2 of the Schedule to that Act is amended as follows. |
|
| (3) | In sub-paragraph (1)(a), for “by resolution of each House of Parliament” |
|
| substitute “in accordance with sub-paragraphs (1A) to (1E)”. |
|
| (4) | After sub-paragraph (1) insert— |
|
| “(1A) | A draft of every Order in Council must be laid before each House |
|
| of Parliament for approval before it may be made. |
|
| (1B) | If either House of Parliament passes a resolution that the draft |
|
| Order be approved with a specified amendment or amendments, |
|
| the Secretary of State shall withdraw the draft Order in Council. |
|
| (1C) | If no amendment or amendments are specified under sub- |
|
| paragraph (1B), the Order shall be approved unamended. |
|
|
| |
|
|
| |
| | |
|
| (1D) | If the draft Order in Council is withdrawn under sub-paragraph |
|
| (1B), the Secretary of State may re-lay the draft Order in Council |
|
| before each House of Parliament— |
|
| (a) | with the amendment or amendments specified under |
|
| sub-paragraph (1B) incorporated into the draft Order in |
|
| |
| (b) | with notice in writing to each House of Parliament of the |
|
| Secretary of State’s refusal to incorporate the amendment |
|
| or amendments specified under sub-paragraph (1B) and |
|
| the reasons for that refusal. |
|
| (1E) | If the draft Order in Council is re-laid under sub-paragraph (1D) |
|
| without the amendments incorporated, the Order shall be made |
|
| having been approved by a resolution of each House of |
|
| |
|
4 | Page 16, line 7, at end insert “under the law of Northern Ireland” |
|
5 | Page 16, line 12, at end insert— |
|
| “( ) | Where an Order in Council under this section creates an offence, it must |
|
| make provision as to the mode of trial and punishment of offenders; but |
|
| there is no power for the Order— |
|
| (a) | to impose a maximum term of imprisonment, on summary |
|
| conviction, of more than three months; |
|
| (b) | to impose a maximum fine, on summary conviction, of more than |
|
| the statutory maximum; or |
|
| (c) | to impose a maximum term of imprisonment, on conviction on |
|
| indictment, of more than two years.” |
|
|
6 | Page 39, line 25, leave out “96(1)” and insert “96(2)” |
|
|