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Northern Ireland Act 1998

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Northern Ireland Act 1998, SCHEDULE 2 is up to date with all changes known to be in force on or before 19 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 2:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act modified (cond.) by 2006 c. 17 Sch. 2 para. 2(5) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 27(4A) inserted by 2018 c. 16 Sch. 3 para. 56(5)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 17 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 53 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk to legislation.gov.uk. It is a conditional amendment that was never brought into force. Sch. 3 repealed (10.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), s. 2(5) (as amended by 2007 c. 4, s. 1(1)), Sch. 4 para. 3 (with s. 1(3)); S.I. 2007/1397, art. 2)
  • s. 31(2E) inserted (cond.) by 2006 c. 17 Sch. 3 para. 3(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • Sch. 2 para. 9B inserted by 2009 c. 8 s. 27 (This amendment not applied to legislation.gov.uk. The amending provision was repealed (16.2.2011) without ever being in force by 2010 c. 36, ss. 2(1), 4(2))

Section 4(1).

SCHEDULE 2U.K. Excepted matters

Modifications etc. (not altering text)

C1Sch. 2 excluded by 1994 c. 9, s. 30A(11)(a) (as inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 23 para. 9)

1The Crown, including the succession to the Crown and a regency, but not—

(a)functions of the First Minister and deputy First Minister, the Northern Ireland Ministers or the Northern Ireland departments, or functions in relation to Northern Ireland of any Minister of the Crown;

(b)property belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police);

(c)the foreshore or the sea bed or subsoil or their natural resources so far as vested in Her Majesty in right of the Crown.

Modifications etc. (not altering text)

C2Sch. 2 para. 1(a) extended (1.4.2000) by 1999 c. 28, s. 35(4)(with s. 38); S.I. 2000/1066, art. 2

2The Parliament of the United Kingdom; parliamentary elections, including the franchise; disqualifications for membership of that Parliament.

3International relations, including relations with territories outside the United Kingdom, [F1the European Union] (and their institutions) and other international organisations [F2and extradition] , and international development assistance and co-operation, but not—

(a)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(aa)co-operation between the Police Service of Northern Ireland and the Garda Síochána with respect to any of the following matters—

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

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

(iii)joint investigations;

(iv)disaster planning;]

(b)the exercise of legislative powers so far as required for giving effect to any agreement or arrangement entered into—

(i)by a Minister or junior Minister participating, by reason of [F5any provision of section 52A or 52B] , in a meeting of the North-South Ministerial Council or the British-Irish Council; or

(ii)by, or in relation to the activities of, any body established for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council;

(c)observing and implementing international obligations, obligations under the Human Rights Convention and obligations under [F6EU] law.

In this paragraph “the Human Rights Convention” means the following as they have effect for the time being in relation to the United Kingdom—

(a)the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950; and

(b)any Protocols to that Convention which have been ratified by the United Kingdom.

4The defence of the realm; trading with the enemy; the armed forces of the Crown but not any matter within paragraph 10 of Schedule 3; war pensions; the Ministry of Defence Police.

5Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

6Dignities and titles of honour.

7Treason but not powers of arrest or criminal procedure.

8Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.

9The following matters—

(a)taxes or duties under any law applying to the United Kingdom as a whole;

(b)stamp duty levied in Northern Ireland before the appointed day; and

(c)taxes or duties substantially of the same character as those mentioned in sub-paragraph (a) or (b).

[F79AChild Trust Funds.]

Textual Amendments

F7Sch. 2 para. 9A inserted (13.5.2004) by Child Trust Funds Act 2004 (c. 6), ss. 25, 27

[F89CThe operation of the Small Charitable Donations Act 2012.]

Textual Amendments

F8Sch. 2 para. 9C inserted (19.12.2012) by Small Charitable Donations Act 2012 (c. 23), ss. 16, 21

[F99DBonuses under the Savings (Government Contributions) Act 2017.]

10The following matters—

(a)national insurance contributions;

(b)the control and management of the Northern Ireland National Insurance Fund and payments into and out of that Fund;

(c)reductions in and deductions from national insurance contributions;

(d)national insurance rebates;

(e)payments out of public money to money purchase pension schemes;

(f)contributions equivalent premiums;

(g)rights to return to the state pension scheme.

Sub-paragraph (a) includes the determination, payment, collection and return of national insurance contributions and matters incidental to those matters.

Sub-paragraph (b) does not include payments out of the Northern Ireland National Insurance Fund which relate to—

(i)the benefits mentioned in section 143(1) of the M1Social Security Administration (Northern Ireland) Act 1992, or benefits substantially of the same character as those benefits; or

(ii)administrative expenses incurred in connection with matters not falling within sub-paragraphs (a) to (g).

Sub-paragraphs (b) and (e) do not include payments out of or into the Northern Ireland National Insurance Fund under—

(i)section 172(1)(b), (2)(a) or (7)(c) of the M2Pension Schemes (Northern Ireland) Act 1993; or

(ii)Article 202, 227, 234 or 252 of the M3Employment Rights (Northern Ireland) Order 1996.

In this paragraph “contributions equivalent premium” has the meaning given by section 51(2) of the Pension Schemes (Northern Ireland) Act 1993.

[F1010ATax credits under Part 1 of the Tax Credits Act 2002.]

Textual Amendments

F10Sch. 2 para. 10A inserted (8.7.2002) by 2002 c. 21, s. 64(2)(4)

[F1110B[F12Health in pregnancy grant,] Child benefit and guardian’s allowance.]

Textual Amendments

F11Sch. 2 para. 10B inserted (8.7.2002) by 2002 c. 21, s. 64(2)(4)

F12Words in Sch. 2 para. 10B inserted (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14), ss. 137, 170; S.I. 2008/3137, art. 2

[F1310CThe operation of the Childcare Payments Act 2014.]

Textual Amendments

F13Sch. 2 para. 10C inserted (17.12.2014) by Childcare Payments Act 2014 (c. 28), ss. 68, 75(1)(a)

11The [F14determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office)] of judges of the [F15Court of Judicature] of Northern Ireland, holders of offices listed in column 1 of Schedule 3 to the M4Judicature (Northern Ireland) Act 1978, county court judges, recorders, resident magistrates, F16... coroners, the Chief and other Social Security Commissioners for Northern Ireland [F17and the Chief and other Child Support Commissioners for Northern Ireland] .

Textual Amendments

F14Words in Sch. 2 para. 11 substituted (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 82(a), 87(1); S.R. 2010/52, art. 2(b)

F16Words in Sch. 2 para. 11 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)

F17Words in Sch. 2 para. 11 substituted (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 82(b), 87(1); S.R. 2010/52, art. 2(b)

Marginal Citations

[F1811AThe Supreme Court [F19, but not rights of appeal to the Supreme Court or legal aid for appeals to the Supreme Court] .]

12[F20(1)]Elections, including the franchise, in respect of the Northern Ireland Assembly, the European Parliament and district councils.U.K.

[F21(2)This paragraph does not apply to—

(a)the division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts,

(b)the determination of the names of district electoral areas, or

(c)the determination of the number of councillors to be elected for a district electoral area or a local government district.]

Textual Amendments

F20Sch. 2 para. 12 renumbered as Sch. 2 para. 12(1) (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 12(1), 28(4)

[F2213The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies).

This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties.]

Textual Amendments

F22Sch. 2 para. 13 substituted (16.2.2001) by 2000 c. 41, s. 158, Sch. 21 para. 14(3) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I

14Coinage, legal tender and bank notes.

15The National Savings Bank.

16The subject-matter of the M5Protection of Trading Interests Act 1980.

Marginal Citations

17National security (including the Security Service, the Secret Intelligence Service and the Government Communications Headquarters); special powers and other provisions for dealing with terrorism or subversion; [F23the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016;] the subject-matter of—

(a)the Official Secrets Acts M61911 and M71920;

[F24(b)the subject-matter of sections 3 to 10, Schedule 1, Part 2 and Chapter 1 of Part 6 of the Investigatory Powers Act 2016, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act);]

(c)the M8Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.

18Nuclear energy and nuclear installations, including nuclear safety, security and safeguards, and liability for nuclear occurrences, but not the subject-matter of—

(a)section 3(5) to (7) of the M9Environmental Protection Act 1990 (emission limits); or

(b)the M10Radioactive Substances Act 1993.

Marginal Citations

19Regulation of sea fishing outside the Northern Ireland zone (except in relation to Northern Ireland fishing boats).

In this paragraph “Northern Ireland fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the M11Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.

Marginal Citations

20Regulation of activities in outer space.

[F2520ARegulation of activities in Antarctica (which for these purposes has the meaning given by section 1 of the Antarctic Act 1994).]

Textual Amendments

F25Sch. 2 para. 20A inserted (retrospectively) by Antarctic Act 2013 (c. 15), s. 17

21Any matter with which a provision of the M12Northern Ireland Constitution Act 1973[F26, other than section 36(1)(c),] solely or mainly deals.

Textual Amendments

F26Words in Sch. 2 para. 21 inserted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 10(1), 28(4)

Marginal Citations

[F2721AThe office and functions of the Advocate General for Northern Ireland.]

Textual Amendments

22Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—

(a)Parts I and II;

(b)Part III except sections 19, 20, 22, 23(2) to (4) [F28, 28, 28A, 28B, 28D and 28E] ;

(c)Part IV except sections 40, 43, 44(8) and 50 and Schedule 5;

(d)in Part V, sections [F2952A to 52C] and 54;

(e)Part VI except sections 57(1) and 67;

[F30(f)in Part VII, sections 69B, 71(1) and (2) and (3) to (5), 74(5) and (6), 76 and 78;]

(g)in Part VIII, sections 79 to 83 and Schedule 10.

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;

(ii)any matter to which a description specified in this Schedule or Schedule 3 is stated not to apply; or

(iii)any matter falling within a description specified in Schedule 3.

Textual Amendments

F28Words in Sch. 2 para. 22(b) 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. 4(3)(a)} (with s. 1(3)); S.I. 2007/1397, art. 2

F29Words in Sch. 2 para. 22(d) 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. 4(3)(b)} (with s. 1(3)); S.I. 2007/1397, art. 2

Modifications etc. (not altering text)

C3Sch. 2 para. 22 modified (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 1, 5, Sch. 1 para. 2

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