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Whereas a draft of this Order has been approved by a resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by section 86 of the Northern Ireland Act 1998[1] and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:- Title, commencement and extent 1. - (1) This Order may be cited as the Northern Ireland (Modification of Enactments - No. 1) Order 1999. (2) This Order shall come into force on the appointed day[2]. (3) Subject to paragraphs (4) and (5), this Order extends to Northern Ireland only. (4) The following provisions extend to the whole of the United Kingdom-
(b) paragraphs 12 and 14 of Schedule 1 (and Article 2(1) so far as relating thereto) .
(5) Paragraph 24 of Schedule 1 (and Article 2(1) so far as relating thereto) extends to Scotland only.
(b) in Schedule 5, paragraphs 18 and 24,
are hereby revoked.
(b) would, but for this paragraph, have been liable to be annulled or capable of being revoked in pursuance of a resolution, motion or address of the Assembly,
shall not be so annulled or revoked.
(b) they or a person authorised by them to act on their behalf were mentioned in column 2 of that Schedule; and (c) the regulations referred to in those Acts included any document issued by them.
(2) References to the First Minister and deputy First Minister in paragraph (1) are references to them acting jointly. 1. - (1) In section 7 for "subject to the approbation of the lord lieutenant" substitute "with the approval of the Minister of Finance and Personnel" and for "during the pleasure of the lord lieutenant" substitute "unless the Minister of Finance and Personnel otherwise directs". (2) In section 56 for the words from "lord lieutenant" to the end substitute "Department of Finance and Personnel a general abstract of the number of marriages registered during the foregoing year in such form as that Department may require; and every such annual general abstract shall be laid before the Assembly by that Department.". (3) In section 67 for "lord lieutenant" substitute "Department of Finance and Personnel". 2. In section 16 for the words from "Lord Lieutenant" (where they first occur) to the end substitute "Department of Finance and Personnel a general abstract of the number of marriages registered during the foregoing year in such form as that Department may require; and every such annual general abstract shall be laid before the Assembly by that Department.". 3. In section 3 for "Lord Lieutenant in Council, upon representation duly made to him" substitute "Department of Agriculture and Rural Development upon representation duly made to it", for "the Lord Lieutenant, by and with the advice of Her Majesty's Privy Council in Ireland" substitute "that Department" and for "he shall think fit" substitute "it shall think fit". 4. In section 4 for "Lord Lieutenant in Council" substitute "Department of the Environment". 5. In section 34 for "Lord Lieutenant" substitute "Minister of Finance and Personnel". 6. - (1) In section 5(6) for "Lord Lieutenant may from time to time provide" substitute "Department for Social Development may by order provide". (2) In section 8 for "Lord Lieutenant" substitute "Department for Social Development". (3) In Schedule 2 for "Lord Lieutenant of Ireland" substitute "Department for Social Development". 7. - (1) In section 1(2)(a) for "has power" substitute "had power". (2) In section 7(1) and (3) for "Governor of Northern Ireland" substitute "Minister of Culture, Arts and Leisure". (3) In section 8(4) for the words from "be laid before" to the end substitute "be subject to negative resolution". (4) In section 10 for the words from "the Governor of Northern Ireland" to the end substitute "the First Minister and the deputy First Minister of the proceedings taken under this Act and that report shall be laid before the Assembly.". 8. - (1) In section 19(1) for the words "Governor of Northern Ireland may by Order in Council" substitute "Department of Enterprise, Trade and Investment may by order", for "Order" (where it twice occurs) substitute "order" and for "the said Governor" substitute "that Department". (2) In section 19(2) and (3) for "Order in Council" and "Order" (wherever they occur) substitute "order". (3) In section 21 for the words from "be laid before" to the end substitute "be subject to negative resolution". 9. - (1) In section 1-
(b) in paragraph (f) after "Parliament" (where it first occurs) insert "or Assembly"; (c) in paragraph (g)(ii) for "has power" substitute "had power".
(2) In section 2(2) for "transferred" wherever it occurs substitute "statutory".
(b) for "having passed both Houses of Parliament" substitute "having been passed by the Assembly".
(6) In section 15(3) for "having passed both Houses of Parliament" substitute "having been passed by the Assembly".
(b) for "any transferred provision" substitute "any statutory provision".
(10) In section 30(2)-
(b) for "transferred provision" substitute "statutory provision"; (c) for "appear to him" substitute "may be".
(11) In section 30(3) for "enactment" (where it first occurs) substitute "Act".
(b) for "that provision" substitute "that Act".
(13) In section 30(5) for "a transferred provision" substitute "an Act".
(17) In section 41(4) for "each House of Parliament" substitute "the Assembly".
(b) at the end add "or section 49 of the Northern Ireland Act 1998".
(20) In section 46(1) in the definition of "Valuation Acts" for "transferred" substitute "statutory".
(4) In any enactment, whenever passed or made, any reference to a Minister of a Northern Ireland department shall, in the case of the Office of the First Minister and deputy First Minister, be construed as a reference to the First Minister and deputy First Minister acting jointly.".
10. - (1) In section 1(2) for "Governor may by Order in Council" substitute "Department of Finance and Personnel may by order". (2) In section 1 for subsection (3) substitute-
(3) In section 2(3) for "Governor may by Order in Council" substitute "Department of Finance and Personnel may by order" and for "Order in Council" substitute "order". 11. In section 9 for "Governor" substitute "Minister of Finance and Personnel". 12. In Schedule 1 in paragraph 1(1)(a) for "Governor of Northern Ireland" substitute "First Minister and deputy First Minister in Northern Ireland acting jointly". 13. In section 6 for "Privy Council of Northern Ireland" substitute "Department of Enterprise, Trade and Investment". 14. In section 13(4) for the words from "include references" to the end substitute "include references to the Executive Committee of the Assembly, and in relation to that Committee for the reference to the Prime Minister there shall be substituted a reference to the First Minister and deputy First Minister acting jointly.". 15. - (1) In section 1(1) for "Governor may by Order in Council" substitute "First Minister and deputy First Minister acting jointly may by order". (2) In section 1(2) and (3) for "Order" substitute "order". (3) In section 1 for subsection (4) substitute-
(4) In sections 2(2), 3(1) and 7(1) for "Order in Council" (wherever it occurs) substitute "order". 16. In section 1(6) for "Governor may by Order in Council" substitute "Department of Finance and Personnel may by order" and for the words from "the Governor shall not be advised" to the end substitute "that Department shall not make any such order unless a draft of the order has been laid before and approved by resolution of the Assembly.". 17. - (1) In sections 1 and 2 for "Order in Council" and "Order" (wherever occurring) substitute "order". (2) In section 1(2) for the words from "by one House of Parliament" to "Governor" substitute "the Department for Social Development" and for "those resolutions" substitute "that resolution". 18. In section 103 for the words from "the Parliamentary Costs" to "1924" substitute "any statutory provision". 19. In Schedule 1 in paragraph 1(1) for "Governor" substitute "First Minister and deputy First Minister acting jointly". 20. In Article 47 for paragraph (2) substitute-
21. - (1) In Article 74(1) and (3) for "Secretary of State" substitute "Office of the First Minister and deputy First Minister". (2) In Article 79(1) for "Secretary of State" substitute "Office of the First Minister and deputy First Minister". (3) In Article 79(2) for the words from the beginning to "laid" substitute "The Office of the First Minister and deputy First Minister shall not lay". (4) In Article 79(3) for "Secretary of State" substitute "Office of the First Minister and deputy First Minister". (5) In Article 80(1) for "or 59(2)" substitute ", 59(2) or 79(1)". 22. - (1) Article 15 shall be renumbered as paragraph (1) of that Article, and in that paragraph for "Secretary of State may by order made subject to affirmative resolution prescribe" substitute "Department of Finance and Personnel may by order prescribe". (2) In Article 15 after paragraph (1) insert-
23. - (1) In Article 4(a)(ii) for "Measure" insert "Act". (2) In Article 5(1) for sub-paragraph (a) substitute-
(3) In Schedule 1 in Part I for the entry "The chief executive member" substitute-
(4) In Schedule 1 in Part I in the entry beginning "Any Northern Ireland department" for "Head" substitute "Minister". 24. In section 115(3)(a) after "Parliament" insert "or of the Northern Ireland Assembly". 25. In Article 110(2) for "Secretary of State" substitute "First Minister and deputy First Minister acting jointly". 26. - (1) In Article 14(5) for "Northern Ireland Executive or of a committee of that Executive" substitute "Executive Committee of the Assembly or of a sub-committee of that Committee". (2) In Article 14(6) for "Northern Ireland Executive" substitute "Executive Committee of the Assembly" and for "chief executive member" substitute "First Minister and deputy First Minister acting jointly". 27. - (1) In Article 5(1) for "Secretary of State" substitute "Department". (2) In Article 25(3) after "Article" insert "5,". 28. In Article 1(2) and (3) for "Secretary of State" substitute "Minister of Finance and Personnel". 29. In Article 1(2) for "Secretary of State" substitute "Minister of Finance and Personnel".
(This note is not part of the Order) This Order amends or repeals certain statutory provisions and makes other provision in consequence of, or for giving full effect to, the Northern Ireland Act 1998. Notes: [1] 1998 c. 47.back [2] "the appointed day" is defined in section 3(1) of the Northern Ireland Act 1998.back
ISBN 0 11 082219 6
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