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Northern Ireland Act 1998

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This is the original version (as it was originally enacted).

26International obligations

(1)If the Secretary of State considers that any action proposed to be taken by a Minister or Northern Ireland department would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order, he may by order direct that the proposed action shall not be taken.

(2)If the Secretary of State considers that any action capable of being taken by a Minister or Northern Ireland department is required for the purpose of giving effect to any international obligations, of safeguarding the interests of defence or national security or of protecting public safety or public order, he may by order direct that the action shall be taken.

(3)In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Assembly.

(4)If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision which the Secretary of State considers—

(a)would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or

(b)would have an adverse effect on the operation of the single market in goods and services within the United Kingdom,

the Secretary of State may by order revoke the legislation.

(5)An order under this section shall recite the reasons for making the order and may make provision having retrospective effect.

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