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Northern Ireland Act 1998

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Northern Ireland Act 1998, SCHEDULE 3 is up to date with all changes known to be in force on or before 05 August 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 3:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act modified (cond.) by 2006 c. 17 Sch. 2 para. 2(5) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 4(1).

SCHEDULE 3U.K. Reserved matters

Modifications etc. (not altering text)

C1Sch. 3 excluded by 1994 c. 9, s. 30A(11)(a) (as inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 23 para. 9)

1U.K.The conferral of functions in relation to Northern Ireland on any Minister of the Crown [F1apart from the Advocate General for Northern Ireland] .

Textual Amendments

2U.K.Property 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).

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

4U.K.Civil aviation but not aerodromes.

5U.K.The 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.

6U.K.Domicile.

[F27U.K.The subject-matter of the Postal Services Act 2000.

  • This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices.

  • In this paragraph “postal services” and “public post offices” have the same meanings as in the Postal Services Act 2000.]

Textual Amendments

F2Sch. 3 para. 7 substituted (26.3.2001 subject to transitional provision in arts. 3-42 of the commencing S.I.) by 2000 c. 26, s. 127(4), Sch. 8, Pt. II para. 26; S.I. 2001/1148, art. 2, Sch.

[F37AU.K.The alteration of the number of members of the Assembly returned for each constituency.

This paragraph does not include—

(a)the alteration of that number to a number lower than five or higher than six, or

(b)the provision of different numbers for different constituencies.]

Textual Amendments

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

[F49(1)The following matters—U.K.

[F5(a)the subject-matter of Parts 2 and 3 of the Regulation of Investigatory Powers Act 2000, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;

(aa)the subject-matter of the following provisions of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of serious crime (within the meaning of that Act)—

(i)sections 3 to 10 and Schedule 1,

(ii)Part 2, and

(iii)Chapter 1 of Part 6;

(ab)the subject-matter of section 11, Parts 3 and 4 and Chapter 2 of Part 6 of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;

(ac)the subject-matter of section 12 of, and Schedule 2 to, the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act);]

(b)in relation to the prevention or detection of crime, the subject-matter of Part 3 of the Police Act 1997;

(c)the operation of—

(i)sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 2007, and

(ii)section 102 of, and Schedule 12 to, the Terrorism Act 2000;

(d)in relation to terrorism, the exercise of the Royal prerogative of mercy;

(e)the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued;

(f)in relation to the regulation of drugs or other substances through the criminal law (including offences, exceptions to offences, penalties, powers of arrest and detention, prosecutions and the treatment of offenders) or otherwise in relation to the prevention or detection of crime—

(i)the subject-matter of the Misuse of Drugs Act 1971;

(ii)the subject-matter of sections 12 and 13 of the Criminal Justice (International Co-operation) Act 1990;

[F6(g)the National Crime Agency;]

(h)in relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.

(2)In sub-paragraph (1)(h) “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.

(3)This paragraph does not include any excepted matters or any matter within paragraph 10 of this Schedule.]

Textual Amendments

F5Sch. 3 para. 9(1)(a)-(ac) substituted for Sch. 3 para. 9(1)(a) (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 2 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(i)

F6Sch. 3 para. 9(1)(g) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 63; S.I. 2013/1682, art. 3(v)

F79AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F810(1)The subject-matter of the Public Processions (Northern Ireland) Act 1998.U.K.

(2)In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).

(3)This paragraph does not include any matter within paragraph 17 of Schedule 2.]

Textual Amendments

[F911U.K.The operation of the temporary provisions, as defined in section 47 of the Police (Northern Ireland) Act 2000.]

Textual Amendments

F1011AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1112(1)Items for the time being specified in Article 45(1) or (2) of the Firearms (Northern Ireland) Order 2004; and the subject-matter of Article 45(10) of that Order.U.K.

(2)The security of explosives, including—

(a)the prevention of loss or theft of explosives,

(b)the prevention of the use of explosives for wrongful purposes, and

(c)the detection, identification and traceability of explosives.

This sub-paragraph does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 1970.]

Textual Amendments

13U.K.Civil defence.

14U.K.The subject-matter of [F12Part 2 of the Civil Contingencies Act 2004] .

Textual Amendments

F12Words in Sch. 3 para. 14 substituted (10.12.2004) by Civil Contingencies Act 2004 (c. 36), ss. 32, 34, Sch. 2 para. 13; S.I. 2004/3281, art. 2(2)

F1314AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1415U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1515AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

16U.K.The F16... Civil Service Commissioners for Northern Ireland.

Textual Amendments

F1717U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

18U.K.The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the M1Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).

Marginal Citations

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

20U.K.Import 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.

21U.K.The subject-matter of the M2National Minimum Wage Act 1998.

Marginal Citations

22U.K.The subject-matter of the following provisions of the M3Pension 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).

Marginal Citations

23U.K.The 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 M4Industrial and Provident Societies Act Northern Ireland) 1969;

(b)the M5Credit Unions (Northern Ireland) Order 1985;

(c)the M6Companies (Northern Ireland) Order 1986;

(d)the M7Insolvency (Northern Ireland) Order 1989;

(e)the M8Companies (Northern Ireland) Order 1990;

(f)the M9Companies (No.2) (Northern Ireland) Order 1990;

(g)the M10Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

24U.K.The subject-matter of—

(a)the M11Building Societies Act 1986;

(b)the M12Friendly Societies Act 1992.

Marginal Citations

25U.K.The subject-matter of [F18the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017] , but in relation to any type of business.

F1925AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

27U.K.Intellectual property but not the subject-matter of Parts I and II of the M13Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

Marginal Citations

28U.K.Units of measurement and United Kingdom primary standards.

29U.K.Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the M14Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the M15Wireless Telegraphy Act 1949 (electromagnetic disturbance).

Marginal Citations

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

31U.K.Xenotransplantation.

32U.K.Surrogacy arrangements, within the meaning of the M16Surrogacy Arrangements Act 1985, including the subject-matter of that Act.

Marginal Citations

33U.K.The subject-matter of the M17Human Fertilisation and Embryology Act 1990.

Marginal Citations

34U.K.Human genetics.

35U.K.Research Councils within the meaning of the M18Science and Technology Act 1965.

Marginal Citations

[F2035AU.K.United Kingdom Research and Innovation.]

36U.K.Areas in which industry may qualify for assistance under Part III of the M19Industrial Development Act 1982.

Marginal Citations

37U.K.Consumer safety in relation to goods.

38U.K.Technical standards and requirements in relation to products in pursuance of an obligation under [F21EU] 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.

Textual Amendments

39U.K.The subject-matter of section 3(5) to (7) of the M20Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.

Marginal Citations

40U.K.The subject-matter of—

(a)the M21Data Protection Act 1984;

(b)the M22Data 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).

Marginal Citations

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

[F2241A(1)The division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts.U.K.

(2)The determination of the names of district electoral areas.

(3)The determination of the number of councillors to be elected for a district electoral area or a local government district.]

42U.K.Any 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 [F23, 28, 28A and 28B] ;

[F24(aa)in Part VII, sections 68 to 69A, 69C to 70, 71(2A) to (2C) and Schedule 7;]

(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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