13(1)The Secretary of State may not make an order under this Part of this Schedule which makes transferred provision unless the Northern Ireland Assembly consents to the making of that provision.
(2)In this paragraph “transferred provision” means provision which, if it were contained in an Act of the Northern Ireland Assembly—
(a)would be within the legislative competence of the Assembly, and
(b)would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted matter or a reserved matter.
(3)In sub-paragraph (2)—
“ancillary” has the meaning given in section 6(3) of the Northern Ireland Act 1998;
“excepted matter”, “reserved matter” and “transferred matter” have the meanings given by section 4(1) of the Northern Ireland Act 1998.