The Northern Ireland (Modification of Enactments—No. 1) Order 1973

Parliamentary control of certain statutory rules

8.—(1) No instrument made, whether before or after the appointed day, under an enactment mentioned in Article 4 or specified in Schedule 1, 2 or 3 shall be laid before the Assembly, or be liable to annulment or capable of being revoked in pursuance of a resolution, motion or address of the Assembly and no draft of an instrument shall, under such an enactment, be so laid nor shall any proceedings be taken in the Assembly with respect to a draft of such an instrument.

(2) Where, under any enactment mentioned in Article 4 or specified in Schedule 1, 2 or 3—

(a) it is a condition, before an instrument can be made, or for the coming into operation of an instrument, that a resolution or motion has been passed or address presented by the Assembly or that a draft of the instrument has been laid before it; or

(b) an instrument ceases to have effect unless such a resolution or motion is passed or such an address is presented,

the instrument may be made or come into operation, or shall not cease to have effect, as the case may be, notwithstanding that any such resolution, motion or address has not been passed or presented.

(3) Any instrument made after the appointed day in relation to which paragraph (1) or (2) has effect shall—

(a) if, but for paragraph (1), it would have been laid before the Assembly without being subject to any proceedings there, be laid before Parliament; and

(b) in any other case, be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(4) No statutory rule which is made before the appointed day which would, but for this paragraph, have been liable to be annulled or capable of being revoked in pursuance of a resolution, motion or address of the Assembly shall be so annulled or revoked.

(5) Where under any enactment mentioned in Article 4 or specified in Schedule 1, 2 or 3 or an instrument made under such an enactment—

(a) anything done or any instrument made by the transferee requires any approval, consent, recommendation or other authorisation of the Head of the Department of Finance for Northern Ireland or that Department; or

(b) the transferee is required to consult that Head or Department before taking any step,

the thing may be done, instrument made or step taken without any such approval, consent, recommendation, authorisation or consultation.