Northern Ireland Act 1998

11 Scrutiny by the [F1 Supreme Court]. U.K.

(1) The [F2 Advocate General for Northern Ireland or the] Attorney General for Northern Ireland may refer the question of whether a provision of a Bill would be within the legislative competence of the Assembly to the [F3 Supreme Court] for decision.

(2) Subject to subsection (3), he may make a reference in relation to a provision of a Bill at any time during—

(a) the period of four weeks beginning with the passing of the Bill; and

(b) the period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 13(6).

(3) If he notifies the Presiding Officer that he does not intend to make a reference in relation to a provision of a Bill, he shall not make such a reference unless, after the notification, the Bill is approved as mentioned in subsection (2)(b).

(4) If the [F4 Supreme Court decides] that any provision of a Bill would be within the legislative competence of the Assembly, [F5 its decision] shall be taken as applying also to that provision if contained in the Act when enacted.

Textual Amendments

F1 Words in sidenote of s. 11 substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 109(1); S.I. 2009/1604, art. 2(a)(d)

F2 Words in s. 11(1) inserted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 1(2); S.R. 2010/113, art. 2, Sch. para. 19(a)

F3 Words in s. 11(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 109(2); S.I. 2009/1604, art. 2(a)(d)

F4 Words in s. 11(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 109(3)(a); S.I. 2009/1604, art. 2(a)(d)

F5 Words in s. 11(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 109(3)(b); S.I. 2009/1604, art. 2(a)(d)