Schedule 4, Part 1, paragraph 2(4)

A Northern Ireland department is an “appropriate authority” for the purposes of paragraph 1— if a Northern Ireland department (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function, if the relevant function is a function of a Northern Ireland devolved authority, or if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Northern Ireland Assembly— would be within the legislative competence of that Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and would not require the consent of the Secretary of State.

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Source: legislation.gov.uk · retrieved 2026-07-30