Northern Ireland Commissioner for Prison Complaints: power to modify certain provisions

‘(1) The Secretary of State may by order modify Schedule (Northern Ireland Commissioner for Prison Complaints: complaints remit) so as to—

(a) add a description of matter to that Schedule; or

(b) amend or repeal any description of matter for the time being specified there.

(2) The power in subsection (1) may not be exercised so as to exclude any matters that fall within a description specified in Schedule (Northern Ireland Commissioner for Prison Complaints: complaints remit) when this Act is passed.

(3) The Secretary of State may by order modify Schedule (Northern Ireland Commissioner for Prison Complaints: deaths remit) so as to—

(a) add a description of death; or

(b) amend or repeal any description of death for the time being specified there.

(4) The power in subsection (3) may not be exercised so as to exclude any deaths that fall within a description specified in Schedule (Northern Ireland Commissioner for Prison Complaints: deaths remit) when this Act is passed.

(5) The Secretary of State may by order modify subsection (3) of section (Northern Ireland Commissioner for Prison Complaints: investigations requested by the Secretary of State) so as to—

(a) add a description of events; or

(b) amend or repeal any description of events for the time being specified in that subsection.

(6) The Secretary of State may by order modify section (Northern Ireland Commissioner for Prison Complaints: disclosure of information etc.) so as to—

(a) add an exception to subsection (3);

(b) amend or repeal an exception for the time being specified in that subsection; or

(c) specify further circumstances in which subsection (8) does not apply.

(7) The power in subsection (6) may not be exercised so as to have the effect of removing or limiting an exception contained in section (Northern Ireland Commissioner for Prison Complaints: disclosure of information etc.)(3)(a) or (b) when this Act is passed.

(8) The power under section 123(3)(c) to make consequential provision in an order under this section includes power to modify this or any other Act or any subordinate legislation, or any Northern Ireland legislation or instrument made under Northern Ireland legislation, whenever passed or made.

(9) Nothing in subsection (2), (4) or (7) prevents a power under this section being used to remove any provision that is spent.’.—[Maria Eagle.]

Brought up, read the First and Second time, and added to the Bill.