Section 167(2)

The Secretary of State must consult the Department of Finance in Northern Ireland before making regulations under section 23 that contain provision that— would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly, and would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

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Source: legislation.gov.uk · retrieved 2026-09-04