Northern Ireland Constitution Act 1973

39 Power to legislate by Order in Council for purposes consequential on this Act or on Orders under s. 3. U.K.

(1) Her Majesty may by Order in Council make such provision, including provision amending the law of any part of the United Kingdom, as appears to Her Majesty to be necessary or expedient in consequence of, or form giving full effect to, this Act or any Order under section 3 above; and, without prejudice to the generality of that power, provision may in particular be made by any such Order for any of the matters mentioned in subsections (2) to (7) below.

(2) Provision may be made for transferring, with effect from the appointed day, any functions which immediately before that day are (or but for the M1 Northern Ireland (Temporary Provisions) Act 1972 or section 32 or 37 above would be) exercisable by any existing Northern Ireland authority—

(a) in so far as those functions appear to Her Majesty to be concerned with an excepted matter or reserved matter, to a United Kingdom authority;

(b) in so far as they appear to Her Majesty to be concerned with a transferred matter, to a new Northern Ireland authority.

(3) Provision may be made, with effect from the appointed day, for anything which immediately before that day would, apart from the said Act of 1972 or section 31 above, fall to be done by or to the Parliament of Northern Ireland or either House of that Parliament in connection with any matter (other than the passing of Acts of that Parliament) to be done instead by or to—

(a) in so far as that matter appears to Her Majesty to be an excepted matter or reserved matter, the Parliament of the United Kingdom or either House of that Parliament;

(b) in so far as that matter appears to Her Majesty to be a transferred matter, the Assembly.

(4) Provision may be made for transferring, with effect from any date specified in an Order under section 3 above, any functions which immediately before that date are exercisable by a United Kingdom authority or a new or existing Northern Ireland authority—

(a) in so far as they appear to Her Majesty to be concerned with a matter which on that date becomes a transferred matter, to a new or existing Northern Ireland authority;

(b) in so far as they appear to Her Majesty to be concerned with a matter which on that date ceases to be a transferred matter, to a United Kingdom authority.

(5) Provision may be made, with effect from any date specified in an Order under the said section 3, for anything which immediately before that date falls to be done by or to the Parliament of the United Kingdom or either House of that Parliament or by the Assembly in connection with any matter (other than the passing of Acts of Parliament or Measures) to be done instead by or to—

(a) in so far as that matter appears to Her Majesty to be a matter which on that date becomes a transferred matter, the Assembly;

(b) in so far as that matter appears to Her Majesty to be a matter which on that date ceases to be a transferred matter, the Parliament of the United Kingdom or either House of that Parliament.

(6) Provision may be made for any sums to be charged on and payable out of, or payable into, the Consolidated Fund of the United Kingdom or the Consolidated Fund of Northern Ireland or for any sums to be paid out of moneys provided by Parliament or out of moneys appropriated by Measure.

(7) Provision may be made, to such extent as may appear to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, this Act or any Order under section 3 above—

(a) for transferring or apportioning any property, rights or liabilities;

(b) for substituting any authority for any other authority in any charter, contract or other document or in any legal proceedings;

(c) for any other transitional or consequential matter.

(8) In this section—

• “existing Northern Ireland authority” means the Governor of Northern Ireland, the Privy Council of Northern Ireland, the Governor of Northern Ireland in Council, the Prime Minister and any other Minister of the Government of Northern Ireland, any department of that Government, the Comptroller and Auditor-General for Northern Ireland, the Joint Exchequer Board and the Chief Crown Solicitor in Northern Ireland;

• “new Northern Ireland authority” means any of the Northern Ireland executive authorities;

• “United Kingdom authority” means the Privy Council, any Minister of the Government of the United Kingdom, the Treasury, the Defence Council, the Commissioners of Inland Revenue, the Commissioners of Customs and Excise, the Comptroller and Auditor General and the Crown Solicitor for Northern Ireland appointed under this Act.

(9) The power to make Orders under this section includes power to vary or revoke a previous Order and no recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been approved by resolution of each House of Parliament.

Modifications etc. (not altering text)

C1 S. 39(1) amended by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 2 para. 8(27)

Marginal Citations

M1 1972 c. 22.