Northern Ireland Constitution Act 1973

38 Power to legislate by Order in Council for certain matters relating to Northern Ireland. U.K.

(1) Her Majesty may by Order in Council make provision with respect to the following matters—

(a) elections (but not the franchise) and boundaries in respect of local authorities in Northern Ireland;

[F1 (b) any reserved matter.]

(2) Her Majesty may by Order in Council make such amendments of the law of any part of the United Kingdom as appear to Her Majesty to be necessary or expedient in consequence of any provision made by or under any Measure or Act of the Parliament of Northern Ireland or Order in Council under section 1(3) of the M1 Northern Ireland (Temporary Provisions) Act 1972 or by or under any Act of the Parliament of the United Kingdom . . . F2 in so far as the provision is part of the law of Northern Ireland.

(3) An Order in Council under subsection (2) above may contain such consequential and supplemental provisions as appear to Her Majesty to be necessary or expedient.

(4) An Order in Council under this section may be varied or revoked by a subsequent Order.

[F3 (5) Subject to subsection (6) below, no recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been approved by resolution of each House of Parliament.

(6) Subsection (5) above does not apply to an Order in Council which—

(a) is made under subsection (1)(b) above; and

(b) declares that it has been made to appear to Her Majesty that by reason of urgency the Order requires to be made without a draft having been approved as mentioned in subsection (5) above;

but any such Order shall be laid before Parliament after being made and, if at the end of the period of forty days after the date on which it is made the Order has not been approved by resolution of each House, shall then cease to have effect (but without prejudice to anything previously done under the Order or to the making of a new Order).

In reckoning the period mentioned in this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(7) References to Measures in any enactment or instrument shall, so far as the context permits, be deemed to include references to Orders in Council under paragraph (b) of subsection (1) above; and Orders in Council under that paragraph may be omitted from any annual edition of statutory instruments required to be prepared under regulations made by virtue of section 8 of the M2 Statutory Instruments Act 1946.]

Subordinate Legislation Made

P1 S. 38: for exercises of this power see Index to Government Orders.

P2 S. 38(2) power exercised by S.I. 1991/195.

Textual Amendments

F1 S. 38(1)(b) substituted by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 2 para. 6(2)

F2 Words repealed by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 3

F3 S. 38(5)-(7) substituted for s. 38(5) by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 2 para. 6(4)

Modifications etc. (not altering text)

C1 S. 38(1) extended by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 5(1)

C2 S. 38(1)(a) amended by Election (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 5(1)

C3 S. 38(1)(b) restricted by Northern Ireland Act 1982 (c.38, SIF 29:3), Sch. 2 para. 7(1)

Marginal Citations

M1 1972 c. 22.

M2 1946 c. 36.