Northern Ireland Constitution Act 1973

2 Initial devolution of legislative and executive responsibility

(1) If it appears to the Secretary of State—

(a) that the Northern Ireland Assembly (in this Act referred to as " the Assembly ") has made satisfactory provision by its standing orders for the purposes mentioned in section 25(2) to (5) below ; and

(b) that a Northern Ireland Executive can be formed which, having regard to the support it commands in the Assembly and to the electorate on which that support is based, is likely to be widely accepted throughout the community,

and that having regard to those matters there is a reasonable basis for the establishment in Northern Ireland of government by consent, he shall lay before Parliament the draft of an Order in Council appointing a day for the commencement of Part II of this Act and declaring what matters shall, subject to section 3 below, be transferred matters for the purposes of this Act.

(2) The matters declared by an Order under this section to be transferred matters shall not include—

(a) any of the matters specified in Schedule 2 to this Act (in this Act referred to as " excepted matters "); or

(b) any of the matters specified in Schedule 3 to this Act.

(3) If the draft laid before Parliament under subsection (1) above is approved by resolution of each House of Parliament the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order in terms of the draft.

(4) On the day appointed by an Order under this section for the commencement of Part II of this Act (in this Act referred to as " the appointed day ") section 1 of the [1972 c. 22.] Northern Ireland (Temporary Provisions) Act 1972 shall expire.