Northern Ireland Act 1998

Section 4(1).

SCHEDULE 3 U.K. Reserved matters

1 U.K. The conferral of functions in relation to Northern Ireland on any Minister of the Crown.

2 U.K. Property belonging to Her Majesty in right of the Crown or belonging to a department of the Government of the United Kingdom or held in trust for Her Majesty for the purposes of such a department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police).

3 U.K. Navigation, including merchant shipping, but not harbours or inland waters.

4 U.K. Civil aviation but not aerodromes.

5 U.K. The foreshore and the sea bed and subsoil and their natural resources (except so far as affecting harbours); submarine pipe-lines; submarine cables, including any land line used solely for the purpose of connecting one submarine cable with another.

6 U.K. Domicile.

[F1 7 U.K. The subject-matter of the Postal Services Act 2000.

• This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices.

• In this paragraph “postal services” and “public post offices” have the same meanings as in the Postal Services Act 2000.]

Textual Amendments

F1 Sch. 3 para. 7 substituted (26.3.2001 subject to transitional provision in arts. 3-42 of the commencing S.I.) by 2000 c. 26, s. 127(4), Sch. 8, Pt. II para. 26; S.I. 2001/1148, art. 2, Sch.

8 U.K. Disqualification for membership of the Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 50.

9 U.K. The following matters—

(a) the criminal law;

(b) the creation of offences and penalties;

(c) the prevention and detection of crime and powers of arrest and detention in connection with crime or criminal proceedings;

(d) prosecutions;

(e) the treatment of offenders (including children and young persons, and mental health patients, involved in crime);

(f) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) compensation out of public funds for victims of crime.

[F3 (h) local community safety partnerships.]

Sub-paragraphs (a) to (c) do not include any matter within paragraph 17 of Schedule 2.

Sub-paragraph (e) includes, in particular, prisons and other institutions for the treatment or detention of persons mentioned in that sub-paragraph.

Textual Amendments

F2 Sch. 3 para. 9(f) omitted (11.3.2009) and repealed (prosp.) by virtue of Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1)(2), 31, Sch. 4 para. 13(2), Sch. 5; S.I. 2009/448, art. 2

F3 Sch. 3 para. 9(h) inserted (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 83(a), 87(1); S.R. 2010/52, art. 2(c)

[F4 9A U.K. The Chief Inspector of Criminal Justice in Northern Ireland.]

Textual Amendments

F4 Sch. 3 para. 9A inserted (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 83(b), 87(1); S.R. 2010/52, art. 2(c)

10 U.K. The maintenance of public order, including the conferring of powers, authorities, privileges or immunities for that purpose on constables, members of the armed forces of the Crown and other persons (other than the Ministry of Defence Police), but not any matter within paragraph 17 of Schedule 2; the Parades Commission for Northern Ireland.

11 U.K. The establishment, organisation and control of the [F5 Police Service of Northern Ireland] and of any other police force (other than the Ministry of Defence Police); the [F5 Northern Ireland Policing Board]; traffic wardens.

Textual Amendments

F5 Words in Sch. 3 para. 11 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 24(4); S.R. 2001/396, art. 2 Sch.

[F6 11A U.K. Co-operation between the Police Service of Northern Ireland and the Garda Síochána with respect to any of the following matters—

(a) transfers, secondments, exchanges or training of officers;

(b) communications (including liaison and information technology);

(c) joint investigations;

(d) disaster planning.]

Textual Amendments

F6 Sch. 3 para. 11A inserted (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 13(3); S.I. 2009/448, art. 2

12 U.K. Firearms and explosives.

13 U.K. Civil defence.

14 U.K. The subject-matter of [F7 Part 2 of the Civil Contingencies Act 2004] .

Textual Amendments

F7 Words in Sch. 3 para. 14 substituted (10.12.2004) by Civil Contingencies Act 2004 (c. 36), ss. 32, 34, Sch. 2 para. 13; S.I. 2004/3281, art. 2(2)

[F8 14A U.K. The following matters—

(a) rights of appeal to the Supreme Court;

(b) legal aid for appeals to the Supreme Court.]

Textual Amendments

F8 Sch. 3 para. 14A inserted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss 58(3), 148; S.I. 2009/1604, art. 2(b)

15 U.K. All matters, other than those specified in paragraph 11 of Schedule 2, relating to the [F9 Court of Judicature] of Northern Ireland, county courts, courts of summary jurisdiction (including magistrates’ courts and juvenile courts) and coroners, including procedure, evidence, appeals, juries, costs, legal aid and the registration, execution and enforcement of judgments and orders but not—

(a) bankruptcy, insolvency, the winding up of corporate and unincorporated bodies or the making of arrangements or compositions with creditors;

(b) the regulation of the profession of solicitors.

Textual Amendments

F9 Words in Sch. 3 para. 15 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 33(2); S.I. 2009/1604, art. 2(b)(d)

[F10 15A U.K. The Northern Ireland Law Commission.]

Textual Amendments

F10 Sch. 3 para. 15A inserted (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 83(c), 87(1); S.R. 2010/52, art. 2(c)

16 U.K. The functions and procedures of the Civil Service Commissioners for Northern Ireland.

17 U.K. All matters (including procedure and appeals) relating to—

(a) the Chief and other Social Security Commissioners for Northern Ireland; or

(b) the Chief and other Child Support Commissioners for Northern Ireland,

but not any matter within paragraph 11 of Schedule 2.

18 U.K. The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the M1 Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).

Marginal Citations

M1 1992 c.8.

19 U.K. The subject-matter of the Vaccine Damage Payment Scheme.

20 U.K. Import and export controls and trade with any place outside the United Kingdom but not—

(a) the furtherance of the trade of Northern Ireland or the protection of traders in Northern Ireland against fraud;

(b) services in connection with, or the regulation of, the quality, insurance, transport, marketing or identification of agricultural or food products, including livestock;

(c) the prevention of disease or the control of weeds and pests;

(d) aerodromes and harbours;

(e) any matter within paragraph 4 of Schedule 2.

21 U.K. The subject-matter of the M2 National Minimum Wage Act 1998.

Marginal Citations

M2 1998 c.39.

22 U.K. The subject-matter of the following provisions of the M3 Pension Schemes Act 1993—

(a) section 6(1), (2)(a)(i), (iii) and (iv) and (b), (3), (4) and (8) (registration of occupational and personal pension schemes);

(b) section 145 (Pensions Ombudsman).

Marginal Citations

M3 1993 c.48.

23 U.K. The following matters—

(a) financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance;

(b) financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

This paragraph does not include the subject-matter of—

(a) the M4 Industrial and Provident Societies Act Northern Ireland) 1969;

(b) the M5 Credit Unions (Northern Ireland) Order 1985;

(c) the M6 Companies (Northern Ireland) Order 1986;

(d) the M7 Insolvency (Northern Ireland) Order 1989;

(e) the M8 Companies (Northern Ireland) Order 1990;

(f) the M9 Companies (No.2) (Northern Ireland) Order 1990;

(g) the M10 Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

Marginal Citations

M4 1969 c.4 (N.I.).

M5 S.I. 1985/1205 (N.I.12).

M6 S.I. 1986/1032 (N.I.6).

M7 S.I. 1989/2405 (N.I.19).

M8 S.I. 1990/593 (N.I.5).

M9 S.I. 1990/504 (N.I.10).

M10 S.R.&O. 1997/251.

24 U.K. The subject-matter of—

(a) the M11 Building Societies Act 1986;

(b) the M12 Friendly Societies Act 1992.

Marginal Citations

M11 1986 c.53.

M12 1992 c.40.

25 U.K. The subject-matter of the Money Laundering Regulations [F11 2007] , but in relation to any type of business.

Textual Amendments

F11 Word in Sch. 3 para. 25 substituted (15.12.2007) by The Money Laundering Regulations 2007 (S.I. 2007/2157), reg. 51, Sch. 6 para. 2

[F12 25A U.K. The subject-matter of the Transfer of Funds (Information on the Payer) Regulations 2007, but in relation to any type of business.]

Textual Amendments

F12 Sch. 3 para. 25A inserted (15.12.2007) by The Transfer of Funds (Information on the Payer) Regulations 2007 (S.I. 2007/3298), reg. 19, Sch. 3 para. 1

26 U.K. Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

27 U.K. Intellectual property but not the subject-matter of Parts I and II of the M13 Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

Marginal Citations

M13 1997 c.66.

28 U.K. Units of measurement and United Kingdom primary standards.

29 U.K. Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the M14 Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the M15 Wireless Telegraphy Act 1949 (electromagnetic disturbance).

Marginal Citations

M14 1990 c.42.

M15 1949 c.54.

30 U.K. The National Lottery (except in so far as any matter within Schedule 2 is concerned).

31 U.K. Xenotransplantation.

32 U.K. Surrogacy arrangements, within the meaning of the M16 Surrogacy Arrangements Act 1985, including the subject-matter of that Act.

Marginal Citations

M16 1985 c.49.

33 U.K. The subject-matter of the M17 Human Fertilisation and Embryology Act 1990.

Marginal Citations

M17 1990 c.37.

34 U.K. Human genetics.

35 U.K. Research Councils within the meaning of the M18 Science and Technology Act 1965.

Marginal Citations

M18 1965 c.4.

[F13 35A U.K. The Arts and Humanities Research Council (as defined by section 1 of the Higher Education Act 2004).]

Textual Amendments

F13 Sch. 3 para. 35A inserted (16.12.2004) by Higher Education Act 2004 (c. 8), ss. 7, 52 (with ss. 8, 9); S.I. 2004/3255, art. 2

36 U.K. Areas in which industry may qualify for assistance under Part III of the M19 Industrial Development Act 1982.

Marginal Citations

M19 1982 c.52.

37 U.K. Consumer safety in relation to goods.

38 U.K. Technical standards and requirements in relation to products in pursuance of an obligation under Community law but not standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides.

39 U.K. The subject-matter of section 3(5) to (7) of the M20 Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.

Marginal Citations

M20 1990 c.43.

40 U.K. The subject-matter of—

(a) the M21 Data Protection Act 1984;

(b) the M22 Data Protection Act 1998; and

(c) Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and free movement of such data).

Marginal Citations

M21 1984 c.35.

M22 1998 c.35.

41 U.K. Oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 77(3).

42 U.K. Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—

(a) in Part III, sections 19, 20 [F14 , 28, 28A and 28B] ;

(b) in Part VII, sections 73, 74(3) and (4), 75 and 77(1), (2) and (4) to (8) and Schedules 8 and 9;

(c) in Part VIII, sections 90 to 93 and Schedule 11.

This paragraph does not apply to—

(i) any matter in respect of which it is stated by this Act that provision may be made by Act of the Assembly; or

(ii) any matter to which a description specified in this Schedule or Schedule 2 is stated not to apply.

Textual Amendments

F14 Words in Sch. 3 para. 42(a) substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 19, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 7 para. 5} (with s. 1(3)); S.I. 2007/1397, art. 2