Northern Ireland Act 1998 (c. 47)

SCHEDULES

Section 4(1).

SCHEDULE 2 U.K. Excepted matters

Modifications etc. (not altering text)

C1 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)

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

(a) 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.

Modifications etc. (not altering text)

C2 Sch. 2 para. 1(a) extended (1.4.2000) by 1999 c. 28, s. 35(4)(with s. 38); S.I. 2000/1066, art. 2

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

3 U.K. International relations, including relations with territories outside the United Kingdom, [F1 the European Union] (and their institutions) and other international organisations [F2 and extradition] , and international development assistance and co-operation, but not—

(a) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (aa) 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 [F5 any 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 [F6 and 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.

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))

F2 Words in Sch. 2 para. 3 inserted (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 12(a); S.I. 2009/448, art. 2

F3 Sch. 2 para. 3(a) repealed (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1)(2), 31, Sch. 4 para. 12(b), Sch. 5; S.I. 2009/448, art. 2

F4 Sch. 2 para. 3(aa) inserted (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31, Sch. 4 para. 12(c); S.I. 2009/448, art. 2

F5 Words in Sch. 2 para. 3(b)(i) substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 2(2), 19, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 7 para. 4(2)} (with s. 1(3)); S.I. 2007/1397, art. 2

F6 Words in Sch. 2 para. 3(c) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 60(2) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)

4 U.K. 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 U.K. Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

6 U.K. Dignities and titles of honour.

7 U.K. Treason but not powers of arrest or criminal procedure.

8 U.K. 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 U.K. 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).

[F7 9A U.K. Child Trust Funds.]

Textual Amendments

F7 Sch. 2 para. 9A inserted (13.5.2004) by Child Trust Funds Act 2004 (c. 6), ss. 25, 27

[F8 9C U.K. The operation of the Small Charitable Donations Act 2012.]

Textual Amendments

F8 Sch. 2 para. 9C inserted (19.12.2012) by Small Charitable Donations Act 2012 (c. 23), ss. 16, 21

[F9 9D U.K. Bonuses under the Savings (Government Contributions) Act 2017.]

Textual Amendments

F9 Sch. 2 para. 9D inserted (17.1.2017) by Savings (Government Contributions) Act 2017 (c. 2), ss. 5(2), 6(2), (3)

10 U.K. 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 M1 Social 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 M2 Pension Schemes (Northern Ireland) Act 1993; or

(ii) Article 202, 227, 234 or 252 of the M3 Employment 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.

Marginal Citations

M1 1992 c.8.

M2 1993 c.49.

M3 S.I. 1996/1919 (N.I.16).

[F10 10A U.K. Tax credits under Part 1 of the Tax Credits Act 2002.]

Textual Amendments

F10 Sch. 2 para. 10A inserted (8.7.2002) by 2002 c. 21, s. 64(2)(4)

[F11 10B U.K. [F12 Health in pregnancy grant,] Child benefit and guardian’s allowance.]

Textual Amendments

F11 Sch. 2 para. 10B inserted (8.7.2002) by 2002 c. 21, s. 64(2)(4)

F12 Words in Sch. 2 para. 10B inserted (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14), ss. 137, 170; S.I. 2008/3137, art. 2

[F13 10C U.K. The operation of the Childcare Payments Act 2014.]

Textual Amendments

F13 Sch. 2 para. 10C inserted (17.12.2014) by Childcare Payments Act 2014 (c. 28), ss. 68, 75(1)(a)

11 U.K. The [F14 determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office)] of judges of the [F15 Court of Judicature] of Northern Ireland, holders of offices listed in column 1 of Schedule 3 to the M4 Judicature (Northern Ireland) Act 1978, county court judges, recorders, resident magistrates, F16 ... coroners, the Chief and other Social Security Commissioners for Northern Ireland [F17 and the Chief and other Child Support Commissioners for Northern Ireland] .

Textual Amendments

F14 Words in Sch. 2 para. 11 substituted (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 82(a), 87(1); S.R. 2010/52, art. 2(b)

F15 Words in Sch. 2 para. 11 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 33(2); S.I. 2009/1604, art. 2(b)(d)

F16 Words in Sch. 2 para. 11 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)

F17 Words in Sch. 2 para. 11 substituted (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 82(b), 87(1); S.R. 2010/52, art. 2(b)

Marginal Citations

M4 1978 c.23.

[F18 11A U.K. The Supreme Court [F19 , but not rights of appeal to the Supreme Court or legal aid for appeals to the Supreme Court] .]

Textual Amendments

F18 Sch. 2 para. 11A inserted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 58(2), 148; S.I. 2009/1604, art. 2(b)

F19 Words in Sch. 2 para. 11A inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 26 (with arts. 28-31)

12 [F20 (1)] Elections, including the franchise, in respect of the Northern Ireland Assembly F21 ... and district councils. U.K.

[F22 (2) 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.]

Textual Amendments

F20 Sch. 2 para. 12 renumbered as Sch. 2 para. 12(1) (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 12(1), 28(4)

F21 Words in Sch. 2 para. 12(1) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 60(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F22 Sch. 2 para. 12(2) inserted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 12(1), 28(4)

[F23 13 U.K. 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.]

Textual Amendments

F23 Sch. 2 para. 13 substituted (16.2.2001) by 2000 c. 41, s. 158, Sch. 21 para. 14(3) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I

14 U.K. Coinage, legal tender and bank notes.

15 U.K. The National Savings Bank.

16 U.K. The subject-matter of the M5 Protection of Trading Interests Act 1980.

Marginal Citations

M5 1980 c.11.

[F24 16A U.K. 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.]

Textual Amendments

F24 Sch. 2 para. 16A inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), ss. 52(2), 59(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(i)

17 U.K. 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; [F25 the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016;] the subject-matter of—

(a) the Official Secrets Acts M6 1911 and M7 1920;

[F26 (b) 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 M8 Official 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.

Textual Amendments

F25 Words in Sch. 2 para. 17 inserted (12.3.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 100 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(q)

F26 Sch. 2 para. 17(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 42 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

Marginal Citations

M6 1911 c.28.

M7 1920 c.75.

M8 1989 c.6.

18 U.K. 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 M9 Environmental Protection Act 1990 (emission limits); or

(b) the M10 Radioactive Substances Act 1993.

Marginal Citations

M9 1990 c.43.

M10 1993 c.12.

19 U.K. 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 M11 Merchant 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.

Marginal Citations

M11 1995 c.21.

20 U.K. Regulation of activities in outer space.

[F27 20A U.K. Regulation of activities in Antarctica (which for these purposes has the meaning given by section 1 of the Antarctic Act 1994).]

Textual Amendments

F27 Sch. 2 para. 20A inserted (retrospectively) by Antarctic Act 2013 (c. 15), s. 17

21 U.K. Any matter with which a provision of the M12 Northern Ireland Constitution Act 1973[F28 , other than section 36(1)(c),] solely or mainly deals.

Textual Amendments

F28 Words in Sch. 2 para. 21 inserted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 10(1), 28(4)

Marginal Citations

M12 1973 c.36.

[F29 21A U.K. The office and functions of the Advocate General for Northern Ireland.]

Textual Amendments

F29 Sch. 2 para. 21A inserted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 27(4), 87(1); S.R. 2010/113, art. 2, Sch. para. 7

22 U.K. 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) [F30 , 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 [F31 52A to 52C] and 54;

(e) Part VI except sections 57(1) and 67;

[F32 (f) 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.

Textual Amendments

F30 Words in Sch. 2 para. 22(b) substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 19, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 7 para. 4(3)(a)} (with s. 1(3)); S.I. 2007/1397, art. 2

F31 Words in Sch. 2 para. 22(d) substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 19, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 7 para. 4(3)(b)} (with s. 1(3)); S.I. 2007/1397, art. 2

F32 Sch. 2 para. 22(f) substituted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 11(1), 28(4)

Modifications etc. (not altering text)

C3 Sch. 2 para. 22 modified (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 1, 5, Sch. 1 para. 2