Northern Ireland Constitution Act 1973

Section 2.

SCHEDULE 2 U.K. Excepted Matters

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

(a) functions of Northern Ireland executive authorities 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;

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

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

3 International relations, including treaties, the making of peace or war and neutrality, and matters connected therewith but not—

(a) the surrender of fugitive offenders between Northern Ireland and the Republic of Ireland;

(b) the exercise of legislative powers so far as required for giving effect to any agreement or arrangement made under section 12 of this Act;

(c) the exercise of legislative powers for any of the purposes mentioned in section 2(2)(a) or (b) of the M1 European Communities Act 1972 or for purposes similar to those of any of sections 5 to 12 of, or any paragraph of Schedule 4 to, that Act.

Marginal Citations

M1 1972 c. 68.

4 The armed forces of the Crown but not any matter within paragraph 3 of Schedule 3 to this Act.

5 Dignities and titles of honour.

6 Treason and treason felony but not powers of arrest or criminal procedure in respect thereof.

7 Nationality; immigration; aliens as such.

8 Taxes for the time being levied under any law applying to the United Kingdom as a whole, existing Northern Ireland taxes and taxes substantially of the same character as any of those taxes.

In this paragraph “existing Northern Ireland taxes” means any of the following taxes levied in Northern Ireland before the appointed day, that is to say, estate duty, stamp duty, general betting duty, pool betting duty, duty on gaming machine licences and duty on licences in respect of mechanically-propelled vehicles.

9 The appointment and removal of judges of the Supreme Court of Judicature of Northern Ireland, county court judges, recorders, resident magistrates, justices of the peace, members of juvenile court panels, coroners, the Chief and other National Insurance Commissioners for Northern Ireland [F1 the Chief and other Child Support Commissioners for Northern Ireland]and the President and other members of the Lands Tribunal for Northern Ireland.

Textual Amendments

F1 Words in Sch. 2 para. 9 inserted (1.9.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para.2 (with s. 9(2)); S.I. 1992/1938, art.2

10 The appointment and office of the Director and deputy Director of Public Prosecutions for Northern Ireland.

11 Elections, including the franchise, in respect of the Northern Ireland Assembly and local authorities.

12 Coinage, legal tender and bank notes.

13 The National Savings Bank.

14 Special powers and other provisions for dealing with terrorism or subversion.

15 Without prejudice to paragraphs 10 and 11 above, any matter for which provision is made by the M2 Northern Ireland Assembly Act 1973 or this Act [F2 or by the M3 Northern Ireland Act 1974 or the M4 Northern Ireland Act 1982] but not—

(a) matters in respect of which it is stated by this Act that provision may be made by Measure; or

(b) matters specified in Schedule 3 to this Act;

and this paragraph shall not be taken to apply to any matter by reason only that provision is made in respect of it by an Order in Council under section 6(4) or (5), 38 or 39 of this Act [F3 or under paragraph 1 of Schedule 1 to the said Act of 1974].

Textual Amendments

F2 Words inserted by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 2 para. 9(a)

F3 Words inserted by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 2 para. 9(b)

Marginal Citations

M2 1973 c. 17.

M3 1974 c. 28

M4 1982 c. 38.