Police (Northern Ireland) Act 1998 (c. 32)

Part VIII N.I. Miscellaneous and general

Supplementary N.I.

71 Expenses of Secretary of State. N.I.

There shall be defrayed out of money provided by Parliament—

(a) any expenses of the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums so payable under any other statutory provision.

72 Orders and regulations. N.I.

(1) Any power of [F1 the Department of Justice or] the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the M1 Statutory Rules (Northern Ireland) Order 1979.

(2) Orders or regulations under this Act—

(a) may make different provision for different cases and circumstances;

(b) may contain such supplementary and transitional provisions as appear to [F2 the Department of Justice or (as the case may be)] the Secretary of State to be appropriate.

[F3 (2A) Regulations shall not be made under section 25(2)(k) or 26(2)(g) except with the consent of the [F4 Department of Finance and Personnel].]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F5 An order or regulations] made under this Act (other than F6 ... an order under section 75)

[F7 (a) if made by the Department of Justice, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954);

(b) if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.]

Textual Amendments

F1 Words in s. 72(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 38(2) (with arts. 28-31)

F2 Words in s. 72(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 38(3) (with arts. 28-31)

F3 S. 72(2A) inserted (22.12.2000) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(6)(a); S.R. 2000/412, art. 2, Sch.

F4 Words in s. 72(2A) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 38(4) (with arts. 28-31)

F5 Words in s. 72(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 38(5)(a) (with arts. 28-31)

F6 Words in s. 72(4) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 38(5)(b) (with arts. 28-31)

F7 Words in s. 72(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 38(5)(c) (with arts. 28-31)

Marginal Citations

M1 1979 NI 12.

[F8 73 Interpretation. N.I.

(1) This Act shall be construed as one with the Police (Northern Ireland) Act 2000; and accordingly any word or expression to which a meaning is given by section 77 of that Act has the same meaning in this Act as in that Act.

(2) References in this Act to a member of the police force are to be construed as references to a police officer.

(3) References in this Act in any other context to the police force are to be construed as references to the police.

(4) In this Act “ a police force in Great Britain ” means a police force within the meaning of the M2 Police Act 1996 or the [F9 Police Service of Scotland (and references to the chief officer of a police force in Great Britain include the chief constable of that Service)] . ]

Textual Amendments

F8 S. 73 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(6)(b); S.R. 2001/396, art. 2, Sch.

F9 Words in s. 73(4) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 29(2)

Marginal Citations

M2 1996 c. 16.

74 Amendments, transitional provisions, repeals, etc. N.I.

(1) The statutory provisions mentioned in Schedule 4 shall be amended as provided in that Schedule.

(2) Schedule 5 (which contains transitional provisions and savings) shall have effect.

(3) The statutory provisions mentioned in Schedule 6 are repealed to the extent specified in the third column of that Schedule.

(4) In the M3 Northern Ireland (Modification of Enactments – No. 1) Order 1973 the following provisions are revoked, namely—

(a) Article 6(5) and (6)(c);

(b) in Schedule 1, the entries relating to—

• the M4 Constabulary (Ireland) Act 1836;

• the M5 Police (Property) Act 1897;

• the M6 Constabulary and Police (Ireland) Act 1919;

• the M7 Police Act 1969;

• the M8 Constabulary Act Northern Ireland) 1922;

• the M9 Police Act Northern Ireland) 1970;

(c) in Schedule 4, the entry relating to the M10 Police Act Northern Ireland) 1970; and

(d) in Schedule 5, paragraphs 11, 21 and 61.

Commencement Information

I1 S. 74 partly in force; s. 74 not in force at Royal Assent see s. 75(1), s. 74(1) in force and 74(3) in force for certain purposes at 8.10.1998 by S.R. 1998/346, art. 3; s. 74(1)(2)(3) in force for certain purposes at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4); s. 74(4) in force and (1)(2)(3) in force for certain purposes at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

Marginal Citations

M3 S.I. 1973/2163.

M4 1836 c. 13.

M5 1897 c. 30.

M6 1919 c. 68.

M7 1969 c. 63.

M8 1922 c. 8 (N.I.).

M9 1970 c. 9 (N.I.).

M10 1970 c. 9 (N.I.).

75 Commencement. N.I.

(1) This Act shall come into operation on such day as the Secretary of State may by order appoint.

(2) An order under this section may appoint different days for different purposes and for different provisions.

Subordinate Legislation Made

P1 S. 75(1) power partly exercised (5.10.1998): 8.10.1998 appointed for specified provisions by S.R. 1998/346, art. 3 (with art. 4)

S. 75(1) power partly exercised (8.2.1999): 9.2.1999 appointed for specified provisions by S.R. 1999/48, art. 3 (with art. 4)

S. 75(1) power partly exercised (30.3.1999): 1.4.1999 appointed for specified provisions by S.R. 1999/176, art. 3 (with art. 4)

S. 75(1) power partly exercised (2.11.2000): 6.11.2000 appointed for specified provisions by S.R. 2000/399, art. 3 (with transitional provisions in arts. 4, 5)

76 Extent. N.I.

(1) Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.

(2) Paragraph 8 of Schedule 3 extends throughout the United Kingdom.

(3) The amendment or repeal by this Act of any provision of—

(a) the M11 Police (Overseas Service) Act 1945;

(b) the M12 Police (Scotland) Act 1967;

(c) the M13 House of Commons Disqualification Act 1975;

(d) the M14 Northern Ireland Assembly Disqualification Act 1975;

(e) the M15 Ministry of Defence Police Act 1987;

(f) the M16 Official Secrets Act 1989;

(g) the M17 Police Act 1996;

(h) the M18 Police Act 1997,

has the same extent as that provision.

Commencement Information

I2 S. 76 partly in force; s. 76 not in force at Royal Assent see s. 75(1); s. 76(1) in force at 8.10.1998 by S.R. 1998/346, art. 3; s. 76(3) in force at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

I3 S. 76(2) in force at 21.2.2003 by S.R. 2003/142, art. 3

Marginal Citations

M11 1945 c. 17.

M12 1967 c. 77.

M13 1975 c. 24.

M14 1975 c. 25.

M15 1987 c. 4.

M16 1989 c. 6.

M17 1996 c. 16.

M18 1997 c. 50.

77 Short title. N.I.

This Act may be cited as the Police (Northern Ireland) Act 1998.