Commentary on Sections Section 4: Amendments to section 86 of the Northern Ireland Act 1998
20.This section amends section 86 of the 1998 Act to allow the transfer of any function between UK and Northern Ireland authorities and the creation and removal of functions, in consequence of an Order under section 4 of that Act. For example, when policing and justice matters are devolved, certain aspects of these matters will remain reserved in terms of the Northern Ireland Assembly’s legislative competence – such as where it remains important to retain a UK-wide framework in a particular area. However, within those areas, the most appropriate body or individual to carry out an executive function may be a devolved body. The amendment to section 86 allows executive functions within the reserved field to be conferred on a devolved body.