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Northern Ireland Act 1998

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Commencement Orders bringing legislation that affects this Act into force:

Section 4(1).

SCHEDULE 3E+W+S+N.I. Reserved matters

1The conferral of functions in relation to Northern Ireland on any Minister of the Crown.E+W+S+N.I.

2Property 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).E+W+S+N.I.

3Navigation, including merchant shipping, but not harbours or inland waters.E+W+S+N.I.

4Civil aviation but not aerodromes.E+W+S+N.I.

5The 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.E+W+S+N.I.

6Domicile.E+W+S+N.I.

[F17The subject-matter of the Postal Services Act 2000.E+W+S+N.I.

  • 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.]

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Amendments (Textual)

F1Sch. 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.

8Disqualification for membership of the Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 50.E+W+S+N.I.

9The following matters—E+W+S+N.I.

(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.

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.

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Amendments (Textual)

Prospective

[F39AThe Chief Inspector of Criminal Justice in Northern Ireland.]E+W+S+N.I.

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Amendments (Textual)

10The 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.E+W+S+N.I.

11The establishment, organisation and control of the [F4Police Service of Northern Ireland] and of any other police force (other than the Ministry of Defence Police); the [F4Northern Ireland Policing Board]; traffic wardens.E+W+S+N.I.

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Amendments (Textual)

[F511ACo-operation between the Police Service of Northern Ireland and the Garda Síochána with respect to any of the following matters—E+W+S+N.I.

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

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

(c)joint investigations;

(d)disaster planning.]

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Amendments (Textual)

12Firearms and explosives.E+W+S+N.I.

13Civil defence.E+W+S+N.I.

14The subject-matter of [F6Part 2 of the Civil Contingencies Act 2004]F6 .E+W+S+N.I.

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Amendments (Textual)

[F714AThe following matters—E+W+S+N.I.

(a)rights of appeal to the Supreme Court;

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

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Amendments (Textual)

15All matters, other than those specified in paragraph 11 of Schedule 2, relating to the [F8Court of Judicature]F8 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—E+W+S+N.I.

(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.

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Amendments (Textual)

Prospective

[F915AThe Northern Ireland Law Commission.]E+W+S+N.I.

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Amendments (Textual)

16The functions and procedures of the Civil Service Commissioners for Northern Ireland.E+W+S+N.I.

17All matters (including procedure and appeals) relating to—E+W+S+N.I.

(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.

18The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the M1Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).E+W+S+N.I.

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Marginal Citations

19The subject-matter of the Vaccine Damage Payment Scheme.E+W+S+N.I.

20Import and export controls and trade with any place outside the United Kingdom but not—E+W+S+N.I.

(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.

21The subject-matter of the M2National Minimum Wage Act 1998.E+W+S+N.I.

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Marginal Citations

22The subject-matter of the following provisions of the M3Pension Schemes Act 1993—E+W+S+N.I.

(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).

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Marginal Citations

23The following matters—E+W+S+N.I.

(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 M4Industrial and Provident Societies Act Northern Ireland) 1969;

(b)the M5Credit Unions (Northern Ireland) Order 1985;

(c)the M6Companies (Northern Ireland) Order 1986;

(d)the M7Insolvency (Northern Ireland) Order 1989;

(e)the M8Companies (Northern Ireland) Order 1990;

(f)the M9Companies (No.2) (Northern Ireland) Order 1990;

(g)the M10Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

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Marginal Citations

M10S.R.&O. 1997/251.

24The subject-matter of—E+W+S+N.I.

(a)the M11Building Societies Act 1986;

(b)the M12Friendly Societies Act 1992.

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Marginal Citations

25The subject-matter of the Money Laundering Regulations [F102007]F10 , but in relation to any type of business.E+W+S+N.I.

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Amendments (Textual)

[F1125AThe subject-matter of the Transfer of Funds (Information on the Payer) Regulations 2007, but in relation to any type of business.]E+W+S+N.I.

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Amendments (Textual)

26Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.E+W+S+N.I.

27Intellectual property but not the subject-matter of Parts I and II of the M13Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).E+W+S+N.I.

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Marginal Citations

28Units of measurement and United Kingdom primary standards.E+W+S+N.I.

29Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the M14Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the M15Wireless Telegraphy Act 1949 (electromagnetic disturbance).E+W+S+N.I.

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Marginal Citations

30The National Lottery (except in so far as any matter within Schedule 2 is concerned).E+W+S+N.I.

31Xenotransplantation.E+W+S+N.I.

32Surrogacy arrangements, within the meaning of the M16Surrogacy Arrangements Act 1985, including the subject-matter of that Act.E+W+S+N.I.

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Marginal Citations

33The subject-matter of the M17Human Fertilisation and Embryology Act 1990.E+W+S+N.I.

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Marginal Citations

34Human genetics.E+W+S+N.I.

35Research Councils within the meaning of the M18Science and Technology Act 1965.E+W+S+N.I.

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Marginal Citations

[F1235AThe Arts and Humanities Research Council (as defined by section 1 of the Higher Education Act 2004).]E+W+S+N.I.

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Amendments (Textual)

36Areas in which industry may qualify for assistance under Part III of the M19Industrial Development Act 1982.E+W+S+N.I.

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Marginal Citations

37Consumer safety in relation to goods.E+W+S+N.I.

38Technical 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.E+W+S+N.I.

39The subject-matter of section 3(5) to (7) of the M20Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.E+W+S+N.I.

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Marginal Citations

40The subject-matter of—E+W+S+N.I.

(a)the M21Data Protection Act 1984;

(b)the M22Data 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).

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Marginal Citations

41Oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 77(3).E+W+S+N.I.

42Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—E+W+S+N.I.

(a)in Part III, sections 19, 20 [F13, 28, 28A and 28B]F13 ;

(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.

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Amendments (Textual)

Section 4(1).

SCHEDULE 3E+W+S+N.I. Reserved matters

1The conferral of functions in relation to Northern Ireland on any Minister of the Crown.E+W+S+N.I.

2Property 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).E+W+S+N.I.

3Navigation, including merchant shipping, but not harbours or inland waters.E+W+S+N.I.

4Civil aviation but not aerodromes.E+W+S+N.I.

5The 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.E+W+S+N.I.

6Domicile.E+W+S+N.I.

[F17The subject-matter of the Postal Services Act 2000.E+W+S+N.I.

  • 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.]

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Amendments (Textual)

F1Sch. 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.

8Disqualification for membership of the Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 50.E+W+S+N.I.

9The following matters—E+W+S+N.I.

(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.

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.

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Amendments (Textual)

Prospective

[F39AThe Chief Inspector of Criminal Justice in Northern Ireland.]E+W+S+N.I.

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Amendments (Textual)

10The 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.E+W+S+N.I.

11The establishment, organisation and control of the [F4Police Service of Northern Ireland] and of any other police force (other than the Ministry of Defence Police); the [F4Northern Ireland Policing Board]; traffic wardens.E+W+S+N.I.

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Amendments (Textual)

[F511ACo-operation between the Police Service of Northern Ireland and the Garda Síochána with respect to any of the following matters—E+W+S+N.I.

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

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

(c)joint investigations;

(d)disaster planning.]

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Amendments (Textual)

12Firearms and explosives.E+W+S+N.I.

13Civil defence.E+W+S+N.I.

14The subject-matter of [F6Part 2 of the Civil Contingencies Act 2004]F6 .E+W+S+N.I.

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Amendments (Textual)

15All matters, other than those specified in paragraph 11 of Schedule 2, relating to the [F8Court of Judicature]F8 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—E+W+S+N.I.

(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.

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Amendments (Textual)

Prospective

[F915AThe Northern Ireland Law Commission.]E+W+S+N.I.

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Amendments (Textual)

16The functions and procedures of the Civil Service Commissioners for Northern Ireland.E+W+S+N.I.

17All matters (including procedure and appeals) relating to—E+W+S+N.I.

(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.

18The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the M1Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).E+W+S+N.I.

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Marginal Citations

19The subject-matter of the Vaccine Damage Payment Scheme.E+W+S+N.I.

20Import and export controls and trade with any place outside the United Kingdom but not—E+W+S+N.I.

(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.

21The subject-matter of the M2National Minimum Wage Act 1998.E+W+S+N.I.

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Marginal Citations

22The subject-matter of the following provisions of the M3Pension Schemes Act 1993—E+W+S+N.I.

(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).

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Marginal Citations

23The following matters—E+W+S+N.I.

(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 M4Industrial and Provident Societies Act Northern Ireland) 1969;

(b)the M5Credit Unions (Northern Ireland) Order 1985;

(c)the M6Companies (Northern Ireland) Order 1986;

(d)the M7Insolvency (Northern Ireland) Order 1989;

(e)the M8Companies (Northern Ireland) Order 1990;

(f)the M9Companies (No.2) (Northern Ireland) Order 1990;

(g)the M10Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

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Marginal Citations

M10S.R.&O. 1997/251.

24The subject-matter of—E+W+S+N.I.

(a)the M11Building Societies Act 1986;

(b)the M12Friendly Societies Act 1992.

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Marginal Citations

25The subject-matter of the Money Laundering Regulations [F102007]F10 , but in relation to any type of business.E+W+S+N.I.

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Amendments (Textual)

[F1125AThe subject-matter of the Transfer of Funds (Information on the Payer) Regulations 2007, but in relation to any type of business.]E+W+S+N.I.

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Amendments (Textual)

26Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.E+W+S+N.I.

27Intellectual property but not the subject-matter of Parts I and II of the M13Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).E+W+S+N.I.

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Marginal Citations

28Units of measurement and United Kingdom primary standards.E+W+S+N.I.

29Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the M14Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the M15Wireless Telegraphy Act 1949 (electromagnetic disturbance).E+W+S+N.I.

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Marginal Citations

30The National Lottery (except in so far as any matter within Schedule 2 is concerned).E+W+S+N.I.

31Xenotransplantation.E+W+S+N.I.

32Surrogacy arrangements, within the meaning of the M16Surrogacy Arrangements Act 1985, including the subject-matter of that Act.E+W+S+N.I.

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Marginal Citations

33The subject-matter of the M17Human Fertilisation and Embryology Act 1990.E+W+S+N.I.

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Marginal Citations

34Human genetics.E+W+S+N.I.

35Research Councils within the meaning of the M18Science and Technology Act 1965.E+W+S+N.I.

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Marginal Citations

[F1235AThe Arts and Humanities Research Council (as defined by section 1 of the Higher Education Act 2004).]E+W+S+N.I.

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Amendments (Textual)

36Areas in which industry may qualify for assistance under Part III of the M19Industrial Development Act 1982.E+W+S+N.I.

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Marginal Citations

37Consumer safety in relation to goods.E+W+S+N.I.

38Technical 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.E+W+S+N.I.

39The subject-matter of section 3(5) to (7) of the M20Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.E+W+S+N.I.

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Marginal Citations

40The subject-matter of—E+W+S+N.I.

(a)the M21Data Protection Act 1984;

(b)the M22Data 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).

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Marginal Citations

41Oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 77(3).E+W+S+N.I.

42Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—E+W+S+N.I.

(a)in Part III, sections 19, 20 [F13, 28, 28A and 28B]F13 ;

(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.

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Amendments (Textual)

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