SCHEDULES
C3SCHEDULE 2 Excepted matters
1
The Crown, including the succession to the Crown and a regency, but not—
C1a
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.
2
The Parliament of the United Kingdom; parliamentary elections, including the franchise; disqualifications for membership of that Parliament.
3
International relations, including relations with territories outside the United Kingdom, F21the European Union (and their institutions) and other international organisations F10and extradition , and international development assistance and co-operation, but not—
a
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12aa
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 F9any 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 F28and obligations under the Human Rights Convention.
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.
4
The 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.
5
Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
6
Dignities and titles of honour.
7
Treason but not powers of arrest or criminal procedure.
8
Nationality; 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.
9
The 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).
F49A
Child Trust Funds.
F209C
The operation of the Small Charitable Donations Act 2012.
F309D
Bonuses under the Savings (Government Contributions) Act 2017.
10
The 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.
F110A
Tax credits under Part 1 of the Tax Credits Act 2002.
F210B
F13Health in pregnancy grant, Child benefit and guardian’s allowance.
F1710C
The operation of the Childcare Payments Act 2014.
11
The F24determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) of judges of the F5Court 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, F27... coroners, the Chief and other Social Security Commissioners for Northern Ireland F26and the Chief and other Child Support Commissioners for Northern Ireland .
F611A
The Supreme Court F23, but not rights of appeal to the Supreme Court or legal aid for appeals to the Supreme Court .
12
F321
Elections, including the franchise, in respect of the Northern Ireland Assembly F22... and district councils.
F162
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.
F313
The 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.
14
Coinage, legal tender and bank notes.
15
The National Savings Bank.
16
The subject-matter of the M5Protection of Trading Interests Act 1980.
F2916A
Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.
In this paragraph—
“Public authority” means a person who exercises functions of a public nature.
“Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.
A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.
A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.
17
National 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; F31the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016; the subject-matter of—
F18b
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.
18
Nuclear 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.
19
Regulation 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.
20
Regulation of activities in outer space.
F1420A
Regulation of activities in Antarctica (which for these purposes has the meaning given by section 1 of the Antarctic Act 1994).
21
F2521A
The office and functions of the Advocate General for Northern Ireland.
C222
Any 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) F7, 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 F852A to 52C and 54;
e
Part VI except sections 57(1) and 67;
F19f
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.
Sch. 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)