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Northern Ireland Act 1998

Status:

This is the original version (as it was originally enacted).

Section 4(1).

SCHEDULE 3Reserved matters

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

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).

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

4Civil aviation but not aerodromes.

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.

6Domicile.

7The Post Office, posts (including postage stamps, postal orders and postal packets) and the regulation of postal services.

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

9The 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)the surrender of fugitive offenders between Northern Ireland and the Republic of Ireland;

(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.

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.

11The establishment, organisation and control of the Royal Ulster Constabulary and of any other police force (other than the Ministry of Defence Police); the Police Authority for Northern Ireland; traffic wardens.

12Firearms and explosives.

13Civil defence.

14The subject-matter of the [1926 c. 8.(N.I.).] Emergency Powers Act Northern Ireland) 1926.

15All matters, other than those specified in paragraph 11 of Schedule 2, relating to the Supreme 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.

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

17All 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.

18The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).

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

20Import 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.

21The subject-matter of the [1998 c. 39.] National Minimum Wage Act 1998.

22The subject-matter of the following provisions of the [1993 c. 48.] 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).

23The 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 [1969 c. 4 (N.I.).] Industrial and Provident Societies Act Northern Ireland) 1969;

(b)the [S.I. 1985/1205 (N.I.12).] Credit Unions (Northern Ireland) Order 1985;

(c)the [S.I. 1986/1032 (N.I.6).] Companies (Northern Ireland) Order 1986;

(d)the [S.I. 1989/2405 (N.I.19).] Insolvency (Northern Ireland) Order 1989;

(e)the [S.I. 1990/593 (N.I.5).] Companies (Northern Ireland) Order 1990;

(f)the [S.I. 1990/504 (N.I.10).] Companies (No.2) (Northern Ireland) Order 1990;

(g)the [S.R.&O. 1997/251.] Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

24The subject-matter of—

(a)the [1986 c. 53.] Building Societies Act 1986;

(b)the [1992 c. 40.] Friendly Societies Act 1992.

25The subject-matter of the [S.I. 1993/1933.] Money Laundering Regulations 1993, but in relation to any type of business.

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

27Intellectual property but not the subject-matter of Parts I and II of the [1997 c. 66.] Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

28Units of measurement and United Kingdom primary standards.

29Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the [1990 c. 42.] Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the [1949 c. 54.] Wireless Telegraphy Act 1949 (electromagnetic disturbance).

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

31Xenotransplantation.

32Surrogacy arrangements, within the meaning of the [1985 c. 49.] Surrogacy Arrangements Act 1985, including the subject-matter of that Act.

33The subject-matter of the [1990 c. 37.] Human Fertilisation and Embryology Act 1990.

34Human genetics.

35Research Councils within the meaning of the [1965 c. 4.] Science and Technology Act 1965.

36Areas in which industry may qualify for assistance under Part III of the [1982 c. 52.] Industrial Development Act 1982.

37Consumer safety in relation to goods.

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.

39The subject-matter of section 3(5) to (7) of the [1990 c. 43.] Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.

40The subject-matter of—

(a)the [1984 c. 35.] Data Protection Act 1984;

(b)the [1998 c. 35.] 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).

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

42Any 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 and 28;

(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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