Northern Ireland Legislation:
proceedings as at 19 January 2007

The Northern Ireland Assembly was suspended from midnight on 14 October 2002. During suspension, legislation, which would otherwise have come within the competence of the Assembly, may be made by Order in Council under Schedule 1 to the Northern Ireland Act 2000. The 2000 Act is also currently being used to make Orders in Council which, while the Assembly was active, would have been made under section 85 of the Northern Ireland Act 1998 (Orders making provision for certain reserved matters, for example the criminal law).

Unless made without Parliamentary Approval by reason of urgency, draft Orders in Council must be approved by a resolution of both Houses before being made (affirmative procedure). Orders in Council made before Parliamentary approval by reason of urgency (U), must be approved by both Houses within 40 days of being made.

Some UK Acts, for example dealing with social security or pensions, provide for corresponding provisions to be made for Northern Ireland by means of an Order in Council under the 2000 Act, subject to annulment in pursuance of a resolution of either House (negative procedure (N)), rather than by the normal affirmative procedure.

Where appropriate, proposals for draft Orders in Council are issued for public consultation and on occasions may be considered by the Northern Ireland Grand Committee (G), before the draft Order is laid. Prior to formal approval being sought on the floor of the Commons, draft Orders are normally considered in a Delegated Legislation Committee (D) or, less frequently, by the Northern Ireland Grand Committee. The Northern Ireland Orders Grand Committee (O) would also, from time to time, consider a draft Order before formal approval is sought on the floor of the Lords.

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