Northern Ireland legislation

Northern Ireland legislation is a legal term of art.

UK Legislative law is composed of primary and secondary (or delegated legislation). Generally, primary legislation provides the framework and subordinate legislation contains the details.

Section 24(5) of the Interpretation Act 1978 now reads:

In this section "Northern Ireland legislation" means—

Paragraphs (d) to (g) were substituted by paragraph 3 of Schedule 13 to the Northern Ireland Act 1998.

Until 2 December 1999, paragraph 7(2) of Schedule 2 to the Northern Ireland Act 1982 provided that Orders in Council under section 38(1)(b) of the Northern Ireland Constitution Act 1973 were Northern Ireland legislation for the purposes of section 24 of the Interpretation Act 1978.

Section 5 of the Interpretation Act 1978 provides that in any Act, unless the contrary intention appears, the expression "Northern Ireland legislation" is to be construed according to Schedule 1 of that Act, which contains the following paragraph:

"Northern Ireland legislation" has the meaning assigned by section 24(5) of this Act. [1 January 1979]

The preceding paragraph applies, so far as applicable, to Acts passed on or after 1 January 1979.

Primary Legislation is made by the legislative branch of government. In Northern Ireland this includes the Parliament of the United Kingdom (hereafter "Westminster") and the Northern Ireland Assembly ("the Assembly"). Legislation created by the Parliament of Northern Ireland, which operated from 1921 to 1972, is still in effect.

Westminster may still legislate on any Northern Ireland matter. In contrast the Assembly cannot legislate on "Excepted" matters nor "Reserved" matters. The Assembly may legislate on devolved ("Transferred") matters and then Westminster plays no part in the enactment of such legislation.

Primary legislation is titled by the Assembly as an "Order" and was titled by the old Northern Ireland Parliament as an "Act". Acts of the Northern Ireland Parliament are distinguished from Westminster Acts by the position of the phrase "Northern Ireland" inside their title.

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