NI Legislation
Historically, Ireland had a distinct legal system from England, Wales, and Scotland, although certain laws were applicable to the entire United Kingdom. Northern Ireland law is derived from various sources. Similar to the Republic of Ireland, pre-1921 legislation may still apply.
Many UK statutes applied exclusively to Ireland, such as the Landlord and Tenant Ireland Act. Conversely, commercial legislation like the Sale of Goods Act, Bill of Exchange Act, and Partnership Act remains the law in crucial areas for England, Wales, Northern Ireland, and the Republic of Ireland.
Some Westminster legislation covers the entire United Kingdom, while other legislation applies solely to Northern Ireland.
Much of Northern Ireland’s legislation, both from the Northern Ireland Parliament (1921 to 1972) and through orders in Council, reflects similar legislation in England and Wales. Some laws are adapted to suit Northern Ireland’s distinct legal system. Northern Ireland has been proactive in publishing consolidated and updated legislation since the 1950s, initially in print and later made available online.
Besides principal legislation, numerous statutory instruments are created annually in Northern Ireland. These instruments, similar to those in other jurisdictions, detail government schemes or may be issued by other bodies like court rules. Certain statutory instruments are made by the UK government and bear “Northern Ireland” in their titles. Some apply to the entire UK, while others impact Northern Ireland exclusively.
Orders in Council, equivalent to Acts, are published as part of the Northern Ireland Parliament’s Acts series, capable of amending other legislation and Acts.
Statutory rules, authorized by law in Northern Ireland under UK and Northern Ireland Acts, come in various forms—rules, regulations, orders, or schemes. About 500 statutory rules are made for Northern Ireland annually, addressing local matters like traffic or railways.
Orders in Council undergo review by civil servants and government minister committees. Draft orders are prepared by the legislative draftsman office in Belfast, circulated with explanatory memoranda, and receive a six-week comment period. Contentious matters may involve consultation with the Northern Ireland Committee of the House of Commons.
Final drafts are laid before Parliament, requiring approval from both houses and Royal assent. Different types of secondary legislation have varying procedures for parliamentary approval or review, detailed in Assembly standing orders that facilitate the scrutiny of secondary legislation in Northern Ireland.
Statutory instruments may be deemed ultra vires if they exceed the powers granted by the principal legislation. All statutory instruments made in Northern Ireland since 1991 are available online.