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LORDS amendments to the

Northern Ireland (Miscellaneous Provisions) Bill

[The page and line references are to HL Bill 110, the bill as first printed for the Lords.]

Clause 12

1

Leave out Clause 12

Clause 13

2

Leave out Clause 13

After Clause 20

3

Insert the following new Clause—

 

“Continued suspension of Assembly: Parliamentary control of Orders in

 

Council

 

(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

 

have effect).

 

(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.

 
 
Bill 21954/1

 
 

2

 
 

    (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If the draft Order in Council is withdrawn under sub-paragraph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

 

Council, or

 

(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

 

Parliament.””

Clause 23

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.”

Schedule 4

6

Page 39, line 25, leave out “96(1)” and insert “96(2)”


 
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Revised 21 July 2006