Northern Ireland legislation


Northern Ireland legislation is a legal term of art.
UK Legislative law is composed of primary and secondary. Generally, primary legislation provides the framework and subordinate legislation contains the details.

Definition

Section 24 of the Interpretation Act 1978 now reads:
Paragraphs to were substituted by of Schedule 13 to the Northern Ireland Act 1998.
Until 2 December 1999, of Schedule 2 to the Northern Ireland Act 1982 provided that Orders in Council under section 38 of the Northern Ireland Constitution Act 1973 were Northern Ireland legislation for the purposes of section 24 of the Interpretation Act 1978.
Section 5 of the Interpretation Act 1978 provides that in any Act, unless the contrary intention appears, the expression "Northern Ireland legislation" is to be construed according to Schedule 1 of that Act, which contains the following paragraph:
The preceding paragraph applies, so far as applicable, to Acts passed on or after 1 January 1979.

Primary legislation

Primary Legislation is made by the legislative branch of government. In Northern Ireland this includes the Parliament of the United Kingdom and the Northern Ireland Assembly. Legislation created by the Parliament of Northern Ireland, which operated from 1921 to 1972, is still in effect.

Subject Matter

Westminster may still legislate on any Northern Ireland matter. In contrast the Assembly cannot legislate on "Excepted" matters nor "Reserved" matters. The Assembly may legislate on devolved matters and then Westminster plays no part in the enactment of such legislation.
Primary legislation is titled by the Assembly as an "Order" and was titled by the old Northern Ireland Parliament as an "Act". Acts of the Northern Ireland Parliament are distinguished from Westminster Acts by the position of the phrase "Northern Ireland" inside their title.
ParliamentAct Title
Northern Ireland The Subject Matter Act 1958
United KingdomThe Subject Matter Act 1958

The Privy Council legislates on Reserved matters through Orders in Council. Technically speaking these are secondary, or delegated legislation, and they are therefore given UK Statutory Instrument numbers. Orders in Council are however used as primary legislation.

Secondary Legislation

All secondary legislation is derived from primary legislation. Parliament cannot amend secondary legislation, but may reject or approve it. Secondary legislation is drafted by a branch of government:
Secondary Legislation is titled a Statutory Instrument when drafted by a Westminster department and a Statutory Rule when an Assembly department. Previously Statutory Rules were titled Statutory Rules and Orders.

Summary Table

DateMattersPrimarySecondary
1921 – presentExceptedUK Statute Statutory Instruments
1921 – presentReservedOrders in Council Orders in Council
1921–1973TransferredNI Statute Statutory Rules & Orders
2002 – 8 May 2007TransferredOrders in Council Orders in Council
1974 – presentTransferredNI Statute Statutory Rules