Northern Ireland Constitution Act 1973

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 Repeals.

(1) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule— (a) in the case of the enactments in Part I of that Schedule, as from the passing of this Act; (b) in the case of those in Part II, as from the appointed day. (2) Without prejudice to the generality of the powers conferred by section 39 above, an Order in Council under that section may repeal or revoke any existing statutory provision (as defined in section 40 above) which appears to Her Majesty to be unnecessary in consequence of, or inconsistent with, any provision of this Act.

42 Saving for existing laws.

(1) Except so far as otherwise provided by or under this Act, nothing in this Act shall affect the continued operation in or in relation to Northern Ireland of any law in force at the passing of this Act or on the appointed day. (2) Without prejudice to subsection (1) above, neither the abolition of the Parliament of Northern Ireland nor the repeal by this Act of any provision relating to that Parliament shall affect the validity or otherwise of any Act of that Parliament. (3) Neither the abolition of the Parliament of Northern Ireland or of the office of Governor of Northern Ireland nor the repeal by this Act of any provision relating to that Parliament or office shall affect the operation of the Northern Ireland (Temporary Provisions) Act 1972 or the validity of any Order in Council made under section 1(3) of that Act; . . .

43 Short title, interpretation and commencement.

(1) This Act may be cited as the Northern Ireland Constitution Act 1973. (2) In this Act— “the appointed day” means the day appointed under section 2 above for the commencement of Part II of this Act; . . . . . . “enactment” includes an enactment of the Parliament of Northern Ireland; “functions” includes powers and duties; . . . “Northern Ireland” has the same meaning as for the purposes of the Government of Ireland Act 1920; “Northern Ireland executive authorities” has the meaning given in section 7(6) above; . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Any reference in this Act to any enactment is a reference to that enactment as amended by, and includes a reference to that enactment as extended or applied by, any other enactment including this Act. (5) Part I of this Act and, except where otherwise stated, Parts IV and V of this Act shall come into force at the passing of this Act. (6) Part III of this Act shall come into force on a day specified in an order made by the Secretary of State by statutory instrument, and different days may be specified under this subsection for different provisions of Part III.

SCHEDULE 1 Polls for Purposes of Section 1

Section 1. 1 The Secretary of State may by order direct the holding of a poll for the purposes of section 1 of this Act on a date specified in the order, but the date so specified shall not be earlier than 9th March 1983 or earlier than ten years after the date of a previous poll under this Schedule. 2 Any order under this Schedule directing the holding of a poll shall make provision as to the persons entitled to vote on the poll, the question or questions to be asked of the persons so voting and the conduct of the poll, and may make such other provision in connection with the poll as appears to the Secretary of State to be expedient, including provision applying, with or without modifications, any enactment or statutory provision with respect to Parliamentary elections or elections to the Assembly. 3 The power to make orders under this Schedule includes power to vary or revoke a previous order and shall be exercisable by statutory instrument but no such order shall be made unless a draft of the order has been approved by resolution of each House of Parliament.

SCHEDULE 2 Excepted Matters

Section 2. 1 The Crown, including the succession to the Crown and a regency, but not— (a) functions of Northern Ireland executive authorities 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; (c) foreshore or the sea bed or subsoil or their natural resources so far as vested in Her Majesty in right of the Crown. 2 The Parliament of the United Kingdom; parliamentary elections, including the franchise; disqualifications for membership of that Parliament. 3 International relations, including treaties, the making of peace or war and neutrality, and matters connected therewith but not— (a) the surrender of fugitive offenders between Northern Ireland and the Republic of Ireland; (b) the exercise of legislative powers so far as required for giving effect to any agreement or arrangement made under section 12 of this Act; (c) the exercise of legislative powers for any of the purposes mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or for purposes similar to those of any of sections 5 to 12 of, or any paragraph of Schedule 4 to, that Act. 4 The armed forces of the Crown but not any matter within paragraph 3 of Schedule 3 to this Act. 5 Dignities and titles of honour. 6 Treason and treason felony but not powers of arrest or criminal procedure in respect thereof. 7 Nationality; immigration; aliens as such. 8 Taxes for the time being levied under any law applying to the United Kingdom as a whole, existing Northern Ireland taxes and taxes substantially of the same character as any of those taxes. In this paragraph “existing Northern Ireland taxes” means any of the following taxes levied in Northern Ireland before the appointed day, that is to say, estate duty, stamp duty, general betting duty, pool betting duty, duty on gaming machine licences and duty on licences in respect of mechanically-propelled vehicles. 9 The appointment and removal of judges of the Supreme Court of Judicature of Northern Ireland, county court judges, recorders, resident magistrates, justices of the peace, members of juvenile court panels, coroners, the Chief and other National Insurance Commissioners for Northern Ireland the Chief and other Child Support Commissioners for Northern Irelandand the President and other members of the Lands Tribunal for Northern Ireland. 10 The appointment and office of the Director and deputy Director of Public Prosecutions for Northern Ireland. 11 Elections, including the franchise, in respect of the Northern Ireland Assembly and local authorities. 12 Coinage, legal tender and bank notes. 13 The National Savings Bank. 14 Special powers and other provisions for dealing with terrorism or subversion. 15 Without prejudice to paragraphs 10 and 11 above, any matter for which provision is made by the Northern Ireland Assembly Act 1973 or this Act or by the Northern Ireland Act 1974 or the Northern Ireland Act 1982 but not— (a) matters in respect of which it is stated by this Act that provision may be made by Measure; or (b) matters specified in Schedule 3 to this Act; and this paragraph shall not be taken to apply to any matter by reason only that provision is made in respect of it by an Order in Council under section 6(4) or (5), 38 or 39 of this Act or under paragraph 1 of Schedule 1 to the said Act of 1974.

SCHEDULE 3 Minimum Reserved Matters on Appointed Day

Sections 2 and 3. 1 Any such property as is mentioned in paragraph 1(b) of Schedule 2 to this Act but not as respects any aerodrome or harbour. 2 All matters, other than those specified in paragraph 9 of Schedule 2 to this Act, relating to the Supreme Court of Judicature of Northern Ireland . . . county courts, courts of summary jurisdiction (including magistrates’ courts and juvenile courts) and coroners, including procedure, evidence, appeals, juries, costs, legal aid and the registration, execution and enforcement of judgments and orders but not— (a) bankruptcy, insolvency, the winding up of corporate and unincorporated bodies or the making of arrangements or compositions with creditors; (b) the regulation of the profession of solicitors. 3 Without prejudice to paragraphs 4, 5 and 6 below, the maintenance of public order, including the conferring of powers, authorities, privileges or immunities for that purpose on constables, members of the armed forces of the Crown and other persons, but not any matter within paragraph 14 of Schedule 2 to this Act. 4 The following matters— (a) the criminal law, including the creation of offences and penalties; (b) the prevention and detection of crime and powers of arrest and detention in connection with crime or criminal proceedings; (c) prosecutions; (d) the treatment of offenders (including children and young persons, and mental health patients, involved in crime); (e) the surrender of fugitive offenders between Northern Ireland and the Republic of Ireland; (f) compensation out of public funds for victims of crime. Sub-paragraph (d) of this paragraph includes, in particular, prisons and other institutions for the treatment or detention of persons mentioned in that sub-paragraph. 5 The establishment, organisation and control of the Royal Ulster Constabulary and of any other police force; the Police Authority for Northern Ireland; traffic wardens. 6 Firearms and explosives. 7 Disqualification for membership of the Northern Ireland Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 26(1) of this Act. 8 The exercise of legislative powers so far as required for giving effect to any agreement or arrangement made under section 12 of this Act. 9 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. 10 Navigation, including merchant shipping, but not harbours or inland waters. 11 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. 12 Civil aviation but not aerodromes. 13 Postal services, including . . . the issue, transmission and payment of money and postal orders issued by the Post Office; designs for postage stamps. 13A Telecommunications. 14 Wireless telegraphy, and the provision of programme services (within the meaning of the Broadcasting Act 1990). 15 Domicile. 16 Nuclear installations. 17 Trade marks, designs, copyright and patent rights. 18 Units of measurement and United Kingdom primary standards. 19 Oaths, undertakings in lieu of oaths and declarations other than those excepted from subsection (1) of section 21 of this Act by subsection (3) of that section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Civil defence. 22 The Emergency Powers Act (Northern Ireland) 1926 or any enactment for similar purposes.

SCHEDULE 4 Form of Oath or Affirmation under Section 8

Section 8. I swear by Almighty God [or affirm] that I will uphold the laws of Northern Ireland and conscientiously fulfil [as a member of the Northern Ireland Executive] my duties under the Northern Ireland Constitution Act 1973 in the interests of Northern Ireland and its people.

SCHEDULE 5 General Adaptation of References to Institutions and Offices Abolished by this Act

Section 40. 1 (1) Any reference to an Act or enactment of the Parliament of Northern Ireland shall be construed as including a reference to a Measure. (2) Sub-paragraph (1) applies whether the reference is express or implied and also where the reference is to a local or private Act of that Parliament or to an order confirmed by that Parliament. (3) Any reference to Bills in the Parliament of Northern Ireland shall be construed as including a reference to proposed Measures in the Assembly. 2 (1) Any reference to moneys provided by the Parliament of Northern Ireland shall be construed as a reference to moneys appropriated by Measure. (2) Any reference to the payment of a sum to, into or out of the Exchequer of Northern Ireland shall be construed as a reference to the payment of that sum to, into or out of the Consolidated Fund of Northern Ireland. 3 (1) Any reference to a resolution of the Senate or of the House of Commons of the Parliament of Northern Ireland, or of either House of that Parliament, shall be construed as a reference to a resolution of the Assembly. (2) Any reference to the laying or presenting of any document before or to the Parliament of Northern Ireland or either House of that Parliament shall be construed as a reference to the laying or presenting of the document before or to the Assembly. 4 (1) Any reference to the Governor of Northern Ireland, as respects functions to be discharged by him, or to the Governor of Northern Ireland in Council shall be construed as a reference to the Secretary of State. (2) Any reference to the making of an Order in Council by the Governor of Northern Ireland shall be construed as a reference to the making of an order by the Secretary of State. 5 Any reference to the Prime Minister of Northern Ireland shall, as respects functions to be discharged by him, be construed as a reference to the chief executive member. 6 Any reference to the Executive Committee for Northern Ireland shall be construed as a reference to the Northern Ireland Executive. 7 (1) Any reference to a Minister of Northern Ireland identified by a title corresponding to that of a Ministry of Northern Ireland shall, as respects functions to be discharged by him, be construed as a reference to the head of the Northern Ireland department bearing the name of that Ministry immediately before the appointed day. (2) Any reference to an unspecified Minister or to unspecified Ministers of Northern Ireland shall, as respects the discharge of functions, be construed as a reference to the head of a Northern Ireland department or the heads of Northern Ireland departments. 8 (1) Any reference to a specified Ministry of Northern Ireland shall be construed as a reference to that Ministry by its existing name but with the substitution of the word “Department” for the word “Ministry”. (2) Any reference to an unspecified Ministry or unspecified Ministries of Northern Ireland shall be construed as a reference to a Northern Ireland department or to Northern Ireland departments.

SCHEDULE 6 Repeals

Section 41.