18.Orders under sections 1 to 5 of the Act may in principle affect matters which are the responsibility of the devolved institutions in Northern Ireland in the following respects:
It is possible that the exercise of the powers in sections 1 to 5 may affect the functions of, for example, Northern Ireland Ministers or relate to matters within the legislative competence of the Northern Ireland Assembly. But such provision requires the consent of the Northern Ireland Assembly in accordance with section 9(3).
Section 1 of the Act specifies a Northern Ireland Department as “an eligible person” to whom functions may be transferred under sections 1, 2 and 5. Any such provision requires the consent of the Northern Ireland Assembly (section 9(3)).
19.The Northern Ireland Assembly’s consent was obtained for the provisions in the Act which may affect matters which are the responsibility of the devolved institutions in Northern Ireland.