Northern Ireland Act 1974 (repealed 2.12.1999)

Legislative functions U.K.

1 (1) During the interim period—

(a) no Measure shall be passed by the Assembly; and

(b) Her Majesty may by Order in Council make laws for Northern Ireland and, in particular, provision for any matter for which the Constitution Act authorises or requires provision to be made by Measure.

(2) No recommendation shall be made to Her Majesty to make any Order in Council under this paragraph containing a provision in relation to which the Secretary of State would be precluded by section 5(1) of the Constitution Act from giving his consent if it were contained in a proposed Measure.

(3) The power to make an Order in Council under this paragraph includes power to vary or revoke a previous Order made thereunder.

(4) No recommendation shall be made to Her Majesty to make an Order in Council under this paragraph unless either—

(a) a draft of the Order has been approved by resolution of each House of Parliament; or

(b) the Order declares that it has been made to appear to Her Majesty that by reason of urgency the Order requires to be made without a draft having been so approved.

(5) Any Order in Council under this paragraph, other than an Order of which a draft has been approved by resolution of each House of Parliament, shall be laid before Parliament after being made and, if at the end of the period of forty days after the date on which it is made the Order has not been approved by resolution of each House, shall then cease to have effect (but without prejudice to anything previously done under the Order or to the making of a new Order).

(6) In reckoning the period mentioned in sub-paragraph (5) above no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(7) References to Measures in any enactment or instrument (whether passed or made before or after the passing of this Act) shall, so far as the context permits, be deemed to include references to Orders in Council under this paragraph.

(8) Orders in Council under this paragraph may be omitted from any annual edition of statutory instruments required to be prepared under regulations made by virtue of section 8 of the M1 Statutory Instruments Act 1946.

Subordinate Legislation Made

P1 Sch. 1 para 1: for previous exercises of this power see Index to Government Orders.

P2 Sch. 1 para. 1 power exercised by S.I. 1991/196, 1991/197, 1991/759, 1991/760, 1991/761, 1991/762, 1991/764, 1991/765, 1991/1219, 1991/1220, 1991/1462, 1991/1466, 1991/1707, 1991/1708,1991/1711,1991/1712, 1991/1713,1991/1714, 1991/1721.

Modifications etc. (not altering text)

C1 Sch. 1 para. 1 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 168(1), Sch. 8 para. 16

C2 Sch. 1 para. 1(1)(a) restricted by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 1 para. 4(1)(a)

C3 Sch. 1 para. 1(4)(5) excluded by Theft Act 1978 (c. 31, SIF 39:6), s. 6, Protection of Children Act 1978 (c.37, SIF 39:5), s. 8, Social Security Act 1979 (c.18, SIF 113:1), s. 19, Credit Unions Act 1979 (c.34, SIF 55:3), s. 32(4), Bees Act 1980 (c.12, SIF 2:1), s. 4; Social Security (No. 2) Act 1980 (c.39, SIF 113:1), s. 7(5), Social Security Act 1981 (c.33, SIF 113:1), s. 8(2), Disabled Persons Act 1981 (c.43, SIF 81:3), s. 8, Transport Act 1981 (c.56, SIF 107:1), s. 41(3), Social Security (Contributions) Act 1982 (c.2, SIF 113:1), s. 4(5), Social Security and Housing Benefits Act 1982 (c.24, SIF 113:1), s. 48(2), Firearms Act 1982 (c.31, SIF 51:1), s. 3, Forfeiture Act 1982 (c.34, SIF 116:1), s. 6, Transport Act 1982 (c.49, SIF 107:1), s. 71, Health and Social Services and Social Security Adjudications Act 1983 (c.41, SIF 113:3), s. 25, Sch. 8 para. 31(6), Child Abduction Act 1984 (c.37, SIF 39:4), s. 12, Health and Social Security Act 1984 (c.48, SIF 113:1), s. 25, Friendly Societies Act 1984 (c.62, SIF 55:1), s. 3, Milk (Cessation of Production) Act 1985 (c.4, SIF 53:1, 2), s. 6, Rent Amendment Act 1985 (c.24, SIF 75:3, 4), s. 2, Further Education Act 1985 (c.47, SIF 41:1), s. 5, Social Security Act 1985 (c.53, SIF 113:1), s. 30, Administration of Justice Act 1985 (c.61, SIF 98:1), s. 68(4), Wages Act 1986 (c.48, SIF 43:2), s. 29, Agriculture Act 1986 (c.49, SIF 2:1), s. 18(13), Social Security Act 1986 (c.50, SIF 113:1), s. 81, Education (No. 2) Act 1986 (c.61, SIF 41:1), s. 47(11), National Health Service Amendment Act 1986 (c.66, SIF 113:1), s. 7(a), Social Fund (Maternity and Funeral Expenses) Act 1987 (c.7, SIF 113:1), s. 2(2), Crossbows Act 1987 (c.32, SIF 39:2), s. 7, AIDS (Control) Act 1987 (c.33, SIF 100:1, 2), s. 2, Criminal Justice Act 1987 (c.38, SIF 39:1), s. 13(1), Consumer Protection Act 1987 (c.43, SIF 109:1), s. 49(3), Finance (No. 2) Act 1987 (c.51, SIF 99:5), s. 102(8), Farm Land and Rural Development Act 1988 (c.16, SIF 2:1), s. 4(3), Employment Act 1988 (c.19, SIF 43:5), s. 34(4), Scotch Whisky Act 1988 (c.22, SIF 109:1), s. 4, Motor Vehicles (Wearing of Rear Seat Belts by Children) Act 1988 (c.23, SIF 107:1), s. 2, Malicious Communications Act 1988 (c.27, SIF 39:1), s. 2, Criminal Justice Act 1988 (c.33, SIF 39:1), s. 168(1), Education Reform Act 1988 (c.40, SIF 41:1), ss. 208, 217, Firearms (Amendment) Act 1988 (c.45, SIF 51:1), s. 26(1), Health and Medicines Act 1988 (c.49, SIF 84, 100:1, 2, 113:2), s. 27(1), Social Security Act 1989 (c.24, SIF 113:1), s. 32, Human Organ Transplants Act 1989 (c.31, SIF 83:1), s. 6, Employment Act 1989 (c.38, SIF 43:1), s. 27(1), Companies Act 1989 (c.40, SIF 27), s. 214(1), Pensions (Miscellaneous Provisions) Act 1990 (c.7, SIF 101A:3), s. 12, Social Security Act 1990 (c.27, SIF 113:1), s. 22(1)(a), Finance Act 1990 (c.29, SIF 99:5), s. 128(8)(a), Employment Act 1990 (c. 38, SIF 43:5), s. 17(1), Courts and Legal Services Act 1990 (c.41, SIF 34, 37, 76, 82), s. 122

Sch. 1 para. 1(4)(5) excluded by Statutory Sick pay Act 1991 (c. 3, SIF 113:1), s. 4(5)(a).

Sch. 1 para. 1(4)(5) excluded by Census (Confidentiality) Act 1991 (c. 6, SIF 105), s. 2(a)

Sch. 1 para. 1(4)(5) excluded (prosp.) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 8(2)(6)(a).

Marginal Citations

M1 1946 c. 36.