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Northern Ireland Act 1998

Type Public General Act

Publication 1998-11-19

Last updated 2026-01-29

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part I — Preliminary

Sections 52A and 52B: supplementary

1

(1) It is hereby declared that Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1.

(2) But if the wish expressed by a majority in such a poll is that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland, the Secretary of State shall lay before Parliament such proposals to give effect to that wish as may be agreed between Her Majesty’s Government in the United Kingdom and the Government of Ireland.

Minor and consequential amendments.

2

The Government of Ireland Act 1920 is repealed; and this Act shall have effect notwithstanding any other previous enactment.

Minor and consequential amendments.

3

(1) If it appears to the Secretary of State that sufficient progress has been made in implementing the Belfast Agreement, he shall lay before Parliament the draft of an Order in Council appointing a day for the commencement of Parts II and III (“the appointed day”).

(2) If the draft Order laid before Parliament under subsection (1) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.

Transferred, excepted and reserved matters

4

(1) In this Act—

“excepted matter” means any matter falling within a description specified in Schedule 2;

“reserved matter” means any matter falling within a description specified in Schedule 3;

“transferred matter” means any matter which is not an excepted or reserved matter.

(2) If at any time after the appointed day it appears to the Secretary of State—

(a) that any reserved matter should become a transferred matter; or

(b) that any transferred matter should become a reserved matter,

he may, subject to subsections (2A) to (3D) , lay before Parliament the draft of an Order in Council amending Schedule 3 so that the matter ceases to be or, as the case may be, becomes a reserved matter with effect from such date as may be specified in the Order.

(2A) The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending Schedule 3 so that a policing and justice matter ceases to be a reserved matter unless—

(a) a motion for a resolution praying that the matter should cease to be a reserved matter is tabled by the First Minister and the deputy First Minister acting jointly; and

(b) the resolution is passed by the Assembly with the support of a majority of the members voting on the motion, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.

(3) The Secretary of State shall not lay before Parliament under subsection (2) the draft of any other Order unless the Assembly has passed with cross-community support a resolution praying that the matter concerned should cease to be or, as the case may be, should become a reserved matter.

(3A) The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 16 of Schedule 3 (Civil Service Commissioners for Northern Ireland) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.

(3B) The report under subsection (3A) must set out the Secretary of State's view of the effect (if any) that the Order would have on—

(a) the independence of the Civil Service Commissioners for Northern Ireland;

(b) the application of the principle that persons should be selected for appointment to the Northern Ireland Civil Service on merit on the basis of fair and open competition; and

(3C) The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 42(aa) of Schedule 3 (Northern Ireland Human Rights Commission) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.

(3D) The report under subsection (3C) must set out the Secretary of State's view of the effect (if any) that the Order would have on—

(a) the independence of the Northern Ireland Human Rights Commission;

(b) the application of internationally accepted principles relating to national human rights institutions; and

(4) If the draft of an Order laid before Parliament under subsection (2) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.

(5) In this Act—

“the Assembly” means the New Northern Ireland Assembly, which after the appointed day shall be known as the Northern Ireland Assembly;

“cross-community support”, in relation to a vote on any matter, means—the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; orthe support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting;

“designated Nationalist” means a member designated as a Nationalist in accordance with standing orders of the Assembly and “designated Unionist” shall be construed accordingly.

(5A) Standing orders of the Assembly shall provide that a member of the Assembly designated in accordance with the standing orders as a Nationalist, as a Unionist or as Other may change his designation only if—

(a) (being a member of a political party) he becomes a member of a different political party or he ceases to be a member of any political party;

(b) (not being a member of any political party) he becomes a member of a political party.

(6) In this section “policing and justice matter” means a matter falling within a description specified in—12

(a) any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or

(b) any other provision of that Schedule designated for this purpose by an order made by the Secretary of State.

Part II — Legislative Powers

General

Acts of the Northern Ireland Assembly

5

(1) Subject to sections 6 to 8, the Assembly may make laws, to be known as Acts.

(2) A Bill shall become an Act when it has been passed by the Assembly and has received Royal Assent.

(3) A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Great Seal of Northern Ireland signed with Her Majesty’s own hand signifying Her Assent are notified to the Presiding Officer.

(4) The date of Royal Assent shall be written on the Act by the Presiding Officer, and shall form part of the Act.

(5) The validity of any proceedings leading to the enactment of an Act of the Assembly shall not be called into question in any legal proceedings.

(6) This section does not affect the power of the Parliament of the United Kingdom to make laws for Northern Ireland, but an Act of the Assembly may modify any provision made by or under an Act of Parliament in so far as it is part of the law of Northern Ireland.

Legislative competence

6

(1) A provision of an Act is not law if it is outside the legislative competence of the Assembly.

(2) A provision is outside that competence if any of the following paragraphs apply—

(a) it would form part of the law of a country or territory other than Northern Ireland, or confer or remove functions exercisable otherwise than in or as regards Northern Ireland;

(b) it deals with an excepted matter and is not ancillary to other provisions (whether in the Act or previously enacted) dealing with reserved or transferred matters;

(ca) it is incompatible with Article 2(1) of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement (rights of individuals);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) it discriminates against any person or class of person on the ground of religious belief or political opinion;

(f) it modifies an enactment in breach of section 7.

(3) For the purposes of this Act, a provision is ancillary to other provisions if it is a provision—

(a) which provides for the enforcement of those other provisions or is otherwise necessary or expedient for making those other provisions effective; or

(b) which is otherwise incidental to, or consequential on, those provisions;

and references in this Act to provisions previously enacted are references to provisions contained in, or in any instrument made under, other Northern Ireland legislation or an Act of Parliament.

(4) Her Majesty may by Order in Council specify functions which are to be treated, for such purposes of this Act as may be specified, as being, or as not being, functions which are exercisable in or as regards Northern Ireland.

(5) No recommendation shall be made to Her Majesty to make an Order in Council under subsection (4) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

Entrenched enactments

7

(1) Subject to subsections (2A) and (2B), the following enactments shall not be modified by an Act of the Assembly or subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Human Rights Act 1998; ...

(d) section 1 and section 84 of the Justice (Northern Ireland) Act 2002.; ...

(e) the European Union (Withdrawal) Act 2018; and

(f) the United Kingdom Internal Market Act 2020.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—

(ba) any excluded provision of the European Union (Withdrawal) Act 2018, or

(2B) For the purposes of subsection (2A)(ba), the following are excluded provisions of the European Union (Withdrawal) Act 2018—

(a) section 1B(3) and (4),

(b) sections 8A to 8C,

(d) sections 13A and 13B,

(e) sections 15A to 15C,

(f) Parts 1A to 1C of Schedule 2,

(g) paragraphs 1(11) and (12), 2(12) and (13) and 8A to 8G of Schedule 7, and

(h) paragraph 21 of Schedule 8.

(3) In this Act “Minister”, unless the context otherwise requires, means the First Minister, the deputy First Minister or a Northern Ireland Minister.

8

The consent of the Secretary of State shall be required in relation to a Bill which contains—

(a) a provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or

(b) a provision which deals with a reserved matter.

Scrutiny and stages of Bills

Scrutiny by Ministers

9

(1) A Minister in charge of a Bill shall, on or before introduction of it in the Assembly, make a statement to the effect that in his view the Bill would be within the legislative competence of the Assembly.

(2) The statement shall be in writing and shall be published in such manner as the Minister making the statement considers appropriate.

Scrutiny by Presiding Officer

10

(1) Standing orders shall ensure that a Bill is not introduced in the Assembly if the Presiding Officer decides that any provision of it would not be within the legislative competence of the Assembly.

(2) Subject to subsection (3)—

(a) the Presiding Officer shall consider a Bill both on its introduction and before the Assembly enters on its final stage; and

(b) if he considers that the Bill contains—

(i) any provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or

(ii) any provision which deals with a reserved matter,

he shall refer it to the Secretary of State; and

(i) the Secretary of State’s consent to the consideration of the Bill by the Assembly is signified; or

(ii) the Assembly is informed that in his opinion the Bill does not contain any such provision as is mentioned in paragraph (b)(i) or (ii).

(3) Subsection (2)(b) and (c) shall not apply—

(a) where, in the opinion of the Presiding Officer, each provision of the Bill which deals with an excepted or reserved matter is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only; or

(b) on the introduction of a Bill, where the Bill has been endorsed with a statement that the Secretary of State has consented to the Assembly considering the Bill.

(4) In this section and section 14 “final stage”, in relation to a Bill, means the stage in the Assembly’s proceedings at which the Bill falls finally to be passed or rejected.

Scrutiny by the Judicial Committee

11

(1) The Advocate General for Northern Ireland or the Attorney General for Northern Ireland may refer the question of whether a provision of a Bill would be within the legislative competence of the Assembly to the Supreme Court for decision.

(2) Subject to subsection (3), he may make a reference in relation to a provision of a Bill at any time during—

(a) the period of four weeks beginning with the passing of the Bill; and

(b) the period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 13(6).

(3) If he notifies the Presiding Officer that he does not intend to make a reference in relation to a provision of a Bill, he shall not make such a reference unless, after the notification, the Bill is approved as mentioned in subsection (2)(b).

(4) If the Supreme Court decides that any provision of a Bill would be within the legislative competence of the Assembly, its decision shall be taken as applying also to that provision if contained in the Act when enacted.

Reconsideration where reference made to ECJ

12

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Stages of Bills

13

(1) Standing orders shall include provision—

(a) for general debate on a Bill with an opportunity for members to vote on its general principles;

(b) for the consideration of, and an opportunity for members to vote on, the details of a Bill; and

(2) Standing orders may, in relation to different types of Bill, modify provisions made in pursuance of subsection (1)(a) or (b).

(3) Standing orders—

(a) shall include provision for establishing such a committee as is mentioned in paragraph 11 of Strand One of the Belfast Agreement;

(b) may include provision for the details of a Bill to be considered by the committee in such circumstances as may be specified in the orders.

(4) Standing orders shall include provision—

(a) requiring the Presiding Officer to send a copy of each Bill, as soon as reasonably practicable after introduction, to the Northern Ireland Human Rights Commission; and

(b) enabling the Assembly to ask the Commission, where the Assembly thinks fit, to advise whether a Bill is compatible with human rights (including the Convention rights).

(5) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)—

(a) the Supreme Court decides that any provision of the Bill would not be within the legislative competence of the Assembly;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a motion under section 15(1) is passed by either House of Parliament.

(6) Standing orders shall, in particular, ensure that any Bill amended on reconsideration is subject to a final stage at which it can be approved or rejected but not amended.

(7) References in subsection (5) and other provisions of this Act to the passing of a Bill shall, in the case of a Bill which has been amended on reconsideration, be read as references to the approval of the Bill.

Royal Assent

Submission by Secretary of State

14

(1) It shall be the Secretary of State who submits Bills for Royal Assent.

(2) The Secretary of State shall not submit a Bill for Royal Assent at any time when—

(a) the Advocate General for Northern Ireland or the Attorney General for Northern Ireland is entitled to make a reference in relation to a provision of the Bill under section 11; or

(b) any such reference has been made but has not been decided or otherwise disposed of by the Supreme Court .

(3) If—

(a) the Supreme Court has decided that any provision of a Bill would not be within the legislative competence of the Assembly; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary of State shall not submit the Bill in its unamended form for Royal Assent.

(3A) The Secretary of State shall not submit a Bill for Royal Assent if the Assembly has passed the Bill in contravention of section 7A (cross-community support required for Bill altering size of Assembly).

(4) The Secretary of State may, unless he consents to it, decide not to submit for Royal Assent a Bill containing a provision—

(a) which the Secretary of State considers deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or

(b) which the Secretary of State considers deals with a reserved matter,

if the Bill has not been referred to him under subsection (2) of section 10 (whether by virtue of subsection (3)(a) of that section or otherwise) before the Assembly enters on its final stage.

(5) The Secretary of State may decide not to submit for Royal Assent a Bill which contains a provision which he considers—

(a) would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or

(b) would have an adverse effect on the operation of the single market in goods and services within the United Kingdom.

15

(1) Subject to subsections (2) and (3), a Bill to which the Secretary of State has consented under this Part shall not be submitted by him for Royal Assent unless he has first laid it before Parliament and either—

(a) the period of 20 days beginning with the date on which it is laid has expired without notice having been given in either House of a motion that the Bill shall not be submitted for Royal Assent; or

(b) if notice of such a motion is given within that period, the motion has been rejected or withdrawn.

(2) Subsection (1) shall not apply to a Bill if the Secretary of State considers that it contains no provision which deals with an excepted or reserved matter except a provision which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only.

(3) Subsection (1) shall not apply to a Bill if the Secretary of State considers that by reason of urgency it should be submitted for Royal Assent without first being laid before Parliament.

(4) Any Bill submitted by virtue of subsection (3) shall, if given Royal Assent, be laid before Parliament by the Secretary of State after Royal Assent, and if—

(a) within the period of 20 days beginning with the date on which it is laid notice is given in either House of a motion praying that the Act of the Assembly shall cease to have effect; and

(b) that motion is carried,

Her Majesty may by Order in Council repeal that Act with effect from such date as may be specified in the Order.

(5) An Order in Council under subsection (4) may make such consequential and transitional provisions and such savings in connection with the repeal as appear to Her Majesty to be necessary or expedient.

(6) Any notice of motion for the purposes of subsection (1) or (4) must be signed by not less than 20 members of the House in which it is given; and the period mentioned in that subsection shall be computed, in relation to each House, by reference only to days on which that House sits.

Part III — Executive Authorities

Authorities

First Minister and deputy First Minister

16

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Ministerial offices

17

(1) The First Minister and the deputy First Minister acting jointly may at any time, and shall where subsection (2) applies, determine—

(a) the number of Ministerial offices to be held by Northern Ireland Ministers; and

(b) the functions to be exercisable by the holder of each such office.

(2) This subsection applies where provision is made by an Act of the Assembly for establishing a new Northern Ireland department or dissolving an existing one.

(3) In making a determination under subsection (1), the First Minister and the deputy First Minister shall ensure that the functions exercisable by those in charge of the different Northern Ireland departments existing at the date of the determination are exercisable by the holders of different Ministerial offices.

(4) The number of Ministerial offices shall not exceed 10 or such greater number as the Secretary of State may by order provide.

(5) A determination under subsection (1) shall not have effect unless it is approved by a resolution of the Assembly passed with cross-community support.

Northern Ireland Ministers

18

(A1) Where—

(a) an Assembly is elected—

(i) at a poll the date for which is proposed under section 32(3B), or

(ii) following the issue of a certificate under subsection (A2),

(b) the period of 24 weeks beginning with the day on which an Assembly first meets expires without the offices mentioned in section 16A(3) having been filled, or

(c) the period of 48 weeks beginning with the day on which a vacancy arises in the offices of First Minister and deputy First Minister expires without those offices having been filled,

all Northern Ireland Ministers shall cease to hold office (and the Ministerial offices shall remain vacant until next filled by virtue of section 16A).

(A2) Where the Secretary of State—

(a) has proposed, or is under a duty to propose, a date for the poll for the election of the next Assembly under section 32(1) or (3), and

(b) considers that, in order to give effect to the purpose underlying paragraph 3.15 of Annex C of Part 2 of The New Decade, New Approach Deal so far as it relates to representation, it is necessary for the Northern Ireland Ministers to cease to hold office on the election of that Assembly,

the Secretary of State may issue a certificate that the conditions in paragraphs (a) and (b) are met.

(1) Where—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a determination under section 17(1) takes effect;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(da) a period of exclusion under section 30(2) ... comes to an end; or.

(e) such other circumstances obtain as may be specified in standing orders,

all Northern Ireland Ministers shall cease to hold office and the Ministerial offices shall be filled by applying subsections (2) to (6) within a period so specified.

(2) The nominating officer of the political party for which the formula in subsection (5) gives the highest figure may select a Ministerial office and nominate a person to hold it who is a member of the party and of the Assembly.

(3) If—

(a) the nominating officer does not exercise the power conferred by subsection (2) within a period specified in standing orders; or

(b) the nominated person does not take up the selected Ministerial office within that period,

that power shall become exercisable by the nominating officer of the political party for which the formula in subsection (5) gives the next highest figure.

(4) Subsections (2) and (3) shall be applied as many times as may be necessary to secure that each of the Ministerial offices is filled.

(5) The formula is—

$$S1+M$where—S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;M = the number of Ministerial offices (if any) which are held by members of the party.$

(6) Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.

(7) The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold a Ministerial office.

(8) A Northern Ireland Minister shall not take up office until he has affirmed the terms of the pledge of office.

(9) A Northern Ireland Minister shall cease to hold office if—

(a) he resigns by notice in writing to the First Minister and the deputy First Minister;

(aa) there is an Assembly election at which the Minister is not returned as a member;

(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or

(c) he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the Presiding Officer is notified of his dismissal.

(10) Where a Ministerial office is vacant otherwise than by virtue of subsection (A1) or (1), the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.

(11) If—

(a) the nominating officer does not exercise the power conferred by subsection (10) within a period specified in standing orders; or

(b) the nominated person does not take up the office within that period,

the vacancy shall be filled by applying subsections (2) to (6) within a period specified in standing orders.

(12) Where—

(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and

(b) the party’s period of exclusion under that provision has not come to an end,

the party shall be disregarded for the purposes of any application of subsections (2) to (6).

(12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In this section “nominating officer”, in relation to a party, means—

(a) the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party's nominating officer; or

(b) a member of the Assembly nominated by him for the purposes of this section.

(14) In this section, a reference to a period of exclusion ... is, in the case of a period of exclusion ... which has been extended, a reference to that period as extended.

Junior Ministers

19

(1) The First Minister and the deputy First Minister acting jointly may at any time determine—

(a) that a number of members of the Assembly specified in the determination shall be appointed as junior Ministers in accordance with such procedures for their appointment as are so specified; and

(b) that the functions exercisable by virtue of each junior Ministerial office shall be those specified in relation to that office in the determination.

(2) Procedures specified in a determination under this section may apply such formulae or other rules as the First Minister and the deputy First Minister consider appropriate.

(3) A determination under this section shall—

(a) make provision as to the circumstances in which a junior Minister shall cease to hold office, and for the filling of vacancies; and

(b) provide that a junior Minister shall not take up office until he has affirmed the terms of the pledge of office.

(4) A determination under this section shall not take effect until it has been approved by a resolution of the Assembly.

(5) Where a determination under this section takes effect—

(a) any junior Ministers previously appointed shall cease to hold office; and

(b) the procedures specified in the determination shall be applied within a period specified in standing orders.

The Executive Committee

20

(1) There shall be an Executive Committee of each Assembly consisting of the First Minister, the deputy First Minister and the Northern Ireland Ministers.

(2) The First Minister and the deputy First Minister shall be chairmen of the Committee.

(3) The Committee shall have the functions set out in paragraphs 19 and 20 of Strand One of the Belfast Agreement.

(4) The Committee shall also have the function of discussing and agreeing upon—

(a) where the agreed programme referred to in paragraph 20 of Strand One of that Agreement has been approved by the Assembly and is in force, any significant or controversial matters that are clearly outside the scope of that programme;

(aa) where no such programme has been approved by the Assembly, any significant or controversial matters;

(b) significant or controversial matters that the First Minister and deputy First Minister acting jointly have determined to be matters that should be considered by the Executive Committee.

(5) Subsections (3) and (4) are subject to subsections (6) to (9).

(6) Quasi-judicial decisions may be made by the Department of Justice or the Minister in charge of that Department without recourse to the Executive Committee.

(7) Decisions may be made by the Department for Infrastructure or the Minister in charge of that Department in the exercise of any function under—

(a) the Planning Act (Northern Ireland) 2011 (except a function under section 1 of that Act); or

(b) regulations or orders made under that Act,

without recourse to the Executive Committee.

(8) Nothing in subsection (3) requires a Minister to have recourse to the Executive Committee in relation to any matter unless that matter affects the exercise of the statutory responsibilities of one or more other Ministers more than incidentally.

(9) A matter does not affect the exercise of the statutory responsibilities of a Minister more than incidentally only because there is a statutory requirement to consult that Minister.

Northern Ireland departments

21

(1) Subject to subsection (2), the Northern Ireland departments existing on the appointed day shall be the Northern Ireland departments for the purposes of this Act.

(2) Provision may be made by Act of the Assembly for establishing new Northern Ireland departments or dissolving existing ones.

(3) If an Act of the Assembly which establishes a new Northern Ireland department provides for it to be in the charge of the First Minister and the deputy First Minister acting jointly—

(a) the department shall not be regarded as a Northern Ireland department for the purposes of subsection (2) or (3) of section 17; and

(b) the office held by those Ministers as the head of the department shall not be regarded as a Ministerial office for the purposes of subsection (4) of that section or section 18.

Functions

Statutory functions

22

(1) An Act of the Assembly or other enactment may confer functions on a Minister (but not a junior Minister) or a Northern Ireland department by name.

(2) Functions conferred on a Northern Ireland department by an enactment passed or made before the appointed day shall, except as provided by an Act of the Assembly or other subsequent enactment, continue to be exercisable by that department.

Prerogative and executive powers

23

(1) The executive power in Northern Ireland shall continue to be vested in Her Majesty.

(2) As respects transferred matters, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall, subject to subsections (2A) and (3) , be exercisable on Her Majesty’s behalf by any Minister or Northern Ireland department.

(2A) So far as the Royal prerogative of mercy is exercisable on Her Majesty’s behalf under subsection (2), it is exercisable only by the Minister in charge of the Department of Justice.

(3) As respects the Northern Ireland Civil Service and the Commissioner for Public Appointments for Northern Ireland, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall be exercisable on Her Majesty’s behalf by the First Minister and the deputy First Minister acting jointly.

(4) The First Minister and deputy First Minister acting jointly may by prerogative order under subsection (3) direct that such of the powers mentioned in that subsection as are specified in the order shall be exercisable on Her Majesty’s behalf by a Northern Ireland Minister or Northern Ireland department so specified.

Community law, Convention rights etc

24

(1) A Minister or Northern Ireland department has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act—

(a) is incompatible with any of the Convention rights;

(aa) is incompatible with Article 2(1) of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement (rights of individuals);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in the case of an act, aids or incites another person to discriminate against a person or class of person on that ground; or

(e) in the case of legislation, modifies an enactment in breach of section 7.

(2) Subsection (1)(c) and (d) does not apply in relation to any act which is unlawful by virtue of the Fair Employment and Treatment (Northern Ireland) Order 1998, or would be unlawful but for some exception made by virtue of Part VIII of that Order.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Excepted and reserved matters

25

(1) If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision dealing with an excepted or reserved matter, the Secretary of State may by order revoke the legislation.

(2) An order made under subsection (1) shall recite the reasons for revoking the legislation and may make provision having retrospective effect.

International obligations

26

(1) If the Secretary of State considers that any action proposed to be taken by a Minister or Northern Ireland department would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order, he may by order direct that the proposed action shall not be taken.

(2) If the Secretary of State considers that any action capable of being taken by a Minister or Northern Ireland department is required for the purpose of giving effect to any international obligations, of safeguarding the interests of defence or national security or of protecting public safety or public order, he may by order direct that the action shall be taken.

(3) In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Assembly.

(4) If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision which the Secretary of State considers—

(a) would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or

(b) would have an adverse effect on the operation of the single market in goods and services within the United Kingdom,

the Secretary of State may by order revoke the legislation.

(5) An order under this section shall recite the reasons for making the order and may make provision having retrospective effect.

Quotas for purposes of international etc obligations

27

(1) A Minister of the Crown may make an order containing provision such as is specified in subsection (2) where—

(a) an international obligation or an assimilated obligation is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise); and

(b) the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which is or includes the whole or part of Northern Ireland).

(2) The provision referred to in subsection (1) is provision for the achievement by a Minister or Northern Ireland department (in the exercise of his or its functions) of so much of the result to be achieved under the international obligation or assimilated obligation as is specified in the order.

(3) The order may specify the time by which any part of the result to be achieved by the Minister or department is to be achieved.

(4) Where an order under subsection (1) is in force in relation to an international obligation ..., the obligation shall have effect for the purposes of this Act as if it were an obligation to achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.

(4A) Where an order under subsection (1) is in force in relation to an assimilated obligation, the Minister or Northern Ireland department must (in the exercise of the Minister's or the department's functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.

(5) No order shall be made by a Minister of the Crown under subsection (1) unless he has consulted the Minister or department concerned.

Agency arrangements between UK and NI departments

28

(1) Arrangements may be made between—

(a) any department of the Government of the United Kingdom or any public body, or holder of a public office, in the United Kingdom; and

(b) any Northern Ireland department,

for any functions of one of them to be discharged by, or by officers of, the other.

(2) No such arrangements shall affect the responsibility of the person on whose behalf any functions are discharged.

(3) In this section—

(a) references to a department of the Government of the United Kingdom include references to any Minister of the Crown; and

(b) references to a Northern Ireland department include references to a Minister.

Miscellaneous

Statutory committees

29

(1) Standing orders shall make provision—

(a) for establishing committees of members of the Assembly (“statutory committees”)

(i) to advise and assist the First Minister and the deputy First Minister in the formulation of policy with respect to matters within their responsibilities as Ministers jointly in charge of the Office of the First Minister and deputy First Minister, and

(ii) to advise and assist each Northern Ireland Minister in the formulation of policy with respect to matters within his responsibilities as a Minister;

(b) for enabling a committee to be so established either in relation to a single Northern Ireland Minister or in relation to more than one; and

(2) Standing orders shall provide that—

(a) the nominating officer of the political party for which the formula in subsection (3) gives the highest figure may select a statutory committee and nominate as its chairman or deputy chairman a person who is a member of the party and of the Assembly;

(b) if the nominating officer does not exercise the power conferred by paragraph (a) within a period specified in standing orders, or the nominated person does not take up the selected office within that period, that power shall be exercisable instead by the nominating officer of the political party for which the formula in subsection (3) gives the next highest figure; and

(c) paragraphs (a) and (b) shall be applied as many times as may be necessary to secure that a chairman and deputy chairman are nominated for each of the statutory committees.

(3) The formula is—

$$S1+C$where—S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;C = the number of chairmen and deputy chairmen of statutory committees (if any) who are members of the party.$

(4) Standing orders shall provide that, where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.

(5) Standing orders shall provide that—

(a) a Minister or junior Minister may not be the chairman or deputy chairman of a statutory committee; and

(b) in making a selection under the provision made by virtue of subsection (2)(a), a nominating officer shall prefer a committee in which he does not have a party interest to one in which he does.

(5A) A member of the Assembly who is—

(a) a Minister of the Government of Ireland, or

(b) chairman or deputy chairman of—

(i) a committee of the Dáil ÿireann (House of Representatives of Ireland),

(ii) a committee of the Seanad ÿireann (Senate of Ireland), or

(iii) a joint committee of the Oireachtas (National Parliament of Ireland),

may not be the chairman or deputy chairman of a statutory committee.

(6) For the purposes of subsection (5) a nominating officer has a party interest in a committee if

(a) it is established to advise and assist the First Minister and the deputy First Minister and either of those Ministers is a member of his party; or

(b) it is established to advise and assist a Northern Ireland Minister and that Minister is a member of his party.

(7) Standing orders shall provide that a chairman or deputy chairman shall cease to hold office if—

(a) he resigns by notice in writing to the Presiding Officer;

(b) he ceases to be a member of the Assembly; or

(c) he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the Presiding Officer is notified of his dismissal.

(8) Standing orders shall provide that, where an office of chairman or deputy chairman is vacant, the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.

(9) Standing orders shall provide that if—

(a) the nominating officer does not exercise the power conferred by subsection (8) within a period specified in standing orders; or

(b) the nominated person does not take up the selected office within that period,

the vacancy shall be filled by applying the provision made by virtue of subsections (2) to (5).

(10) In this section “nominating officer” has the same meaning as in section 18.

Exclusion of Ministers from office

30

(1) If the Assembly resolves that a Minister or junior Minister no longer enjoys the confidence of the Assembly—

(a) because he is not committed to non-violence and exclusively peaceful and democratic means; or

(b) because of any failure of his to observe any other terms of the pledge of office,

he shall be excluded from holding office as a Minister or junior Minister for such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide .

(1A) The Assembly may, before a period of exclusion under subsection (1) ... comes to an end, by resolution extend it until the end of such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.

(2) If the Assembly resolves that a political party does not enjoy the confidence of the Assembly—

(a) because it is not committed to non-violence and exclusively peaceful and democratic means; or

(b) because it is not committed to such of its members as are or might become Ministers or junior Ministers observing the other terms of the pledge of office,

members of that party shall be excluded from holding office as Ministers or junior Ministers for such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide .

(3) The Assembly may, before a period of exclusion under subsection (2) ... comes to an end, by resolution extend it until the end of such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.

(4) A period of exclusion under subsection (1) or (2) shall come to an end if the Assembly—

(a) is dissolved; or

(b) resolves to bring the exclusion to an end.

(5) A motion for a resolution under this section shall not be moved unless—

(a) it is supported by at least 30 members of the Assembly;

(b) it is moved by the First Minister and the deputy First Minister acting jointly; or

(6) If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.

(7) In forming an opinion under subsection (6), the Secretary of State shall in particular take into account each of the following —

(a) whether the person or party concerned is committed to the use now and in the future of only democratic and peaceful means to achieve his or its objectives;

(b) whether he or it has ceased to be involved in any acts of violence or of preparation for violence;

(d) whether he or it is co-operating fully with any Commission of the kind referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997 in implementing the Decommissioning section of the Belfast Agreement; ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A resolution under this section shall not be passed without cross-community support.

(9) In this section a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.

Part IV — The Northern Ireland Assembly

Elections etc

Dates of elections and dissolutions

31

(1) Subject to subsection (2), the date of the poll for the election of each Assembly shall be the first Thursday in May in the fifth calendar year following that in which its predecessor was elected; and the predecessor shall be dissolved at the beginning of the minimum period which ends with that date.

(2) The date of the poll for the election of the Assembly next following the Assembly elected at the poll on 26 November 2003 shall be 7 March 2007; and the Assembly elected on 26 November 2003 shall be dissolved on 30 January 2007.

(3) The Secretary of State may at any time by order direct that the date of the poll for the election of the next Assembly shall, instead of being that specified in subsection (1) . . . , be a date specified in the order being a date falling not more than two months before or after the date specified in that subsection.

(4) An Assembly elected under this section or section 32 shall meet within the period of eight days beginning with the day of the poll at which it is elected.

(5) For the purposes of subsection (4), a Saturday, a Sunday, Christmas Day, Good Friday and any day which is a bank holiday in Northern Ireland shall be disregarded , as shall any day on which section 1 of the Northern Ireland Act 2000 is in force.

(6) In this section “minimum period” means a period determined in accordance with an order of the Secretary of State.

Extraordinary elections

32

(1) If the Assembly passes a resolution that it should be dissolved the Secretary of State shall , as soon as practicable, propose a date for the poll for the election of the next Assembly.

(1A) The proposed date must be within the period of 12 weeks beginning with the day on which the resolution is passed.

(2) A resolution under subsection (1) shall not be passed without the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly.

(3) If—

(a) the period mentioned in section 16A(3) ends without the offices of First Minister and deputy First Minister and the Ministerial offices to be held by Northern Ireland Ministers having been filled; or

(b) the period mentioned in section 16B(3) ends without the offices of First Minister and deputy First Minister having been filled,

the Secretary of State shall , as soon as practicable, propose a date for the poll for the election of the next Assembly.

(3A) The proposed date must be within the period of 12 weeks beginning when the duty in subsection (3) arises.

(3B) At any time after the first six weeks of the period mentioned in section 16A(3) or 16B(3) but before the end of the period mentioned there, the Secretary of State may, if the offices mentioned there have not yet been filled, propose a date for the poll for the election of the next Assembly.

(3C) The Secretary of State may exercise the power in subsection (3B) only if the Secretary of State considers that it is necessary to do so in order to give effect to the purpose underlying paragraph 3.15 of Annex C of Part 2 of The New Decade, New Approach Deal so far as it relates to representation.

(3D) The Assembly may not pass a resolution under subsection (1)—

(a) during a period when the Secretary of State is under a duty to propose a date under subsection (3), or

(b) if the Secretary of State has proposed a date under subsection (3) or (3B) and that date has not yet been reached.

(3E) The duty in subsection (3) does not arise if—

(a) the Assembly passes a resolution under subsection (1) during the period mentioned in section 16A(3) or 16B(3), or

(b) the Secretary of State proposes a date under subsection (3B) during that period.

(3F) The Secretary of State may not propose a date under subsection (3B)—

(a) during a period when the Secretary of State is under a duty to propose a date under subsection (1), or

(b) if the Secretary of State has proposed a date under subsection (1) and that date has not yet been reached.

(3G) Where the Secretary of State has proposed a date under subsection (1), (3) or (3B), the Secretary of State may, before the Assembly has been dissolved—

(a) propose a different date under that subsection, or

(b) in the case of a date proposed under subsection (3B), withdraw the proposal;

and an Order in Council under subsection (4) may be amended or revoked accordingly.

(4) If the Secretary of State proposes a date under subsection (1) , (3) or (3B), Her Majesty may by Order in Council—

(a) direct that the date of the poll for the election of the next Assembly shall, instead of being determined in accordance with section 31, be the date proposed; and

(b) provide for the Assembly to be dissolved on a date specified in the Order.

Constituencies and numbers of members

33

(1) The members of the Assembly shall be returned for the parliamentary constituencies in Northern Ireland.

(2) Each constituency shall return five members.

(3) An Order in Council under the Parliamentary Constituencies Act 1986 changing a parliamentary constituency in Northern Ireland shall have effect for the purposes of this Act in relation to—

(a) the first election under section 31 or 32 for which the notice of election, which is required to be published under Assembly Election Rules, is published—

(i) on a day after the end of the period of six months beginning with the day on which the Order comes into force, or

(ii) if sooner, on or after the day on which Parliament is dissolved prior to the first parliamentary general election in relation to which the Order has effect; and

(b) later elections under that section and by-elections.

(4) In subsection (3), “Assembly Election Rules” means the rules in Schedule 1 to the Representation of the People Act 1983, as applied by Article 3 of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599).

Elections and franchise

34

(1) This section applies to elections of members of the Assembly, including by-elections.

(2) Each vote in the poll at an election shall be a single transferable vote.

(3) A single transferable vote is a vote—

(a) capable of being given so as to indicate the voter’s order of preference for the candidates for election as members for the constituency; and

(b) capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.

(4) The Secretary of State may by order make provision about elections or any matter relating to them.

(5) In particular, an order under subsection (4) may make—

(a) provision as to the persons entitled to vote at an election and the registration of such persons;

(b) provision for securing that no person stands as a candidate for more than one constituency at a general election;

(d) provision about deposits.

(6) An order under subsection (4) may apply (with or without modifications) any provision of, or made under, any enactment.

(7) An order under subsection (4) may make different provision for different areas about the conduct of elections, including different provision about the registration of persons entitled to vote at an election.

Vacancies

35

(1) The Secretary of State may by order make provision for the filling of vacancies occurring in the Assembly’s membership.

(2) Such provision may be made by reference to by-elections or substitutes or such other method of filling vacancies as the Secretary of State thinks fit.

(3) If a seat becomes vacant, the Presiding Officer shall as soon as reasonably practicable inform the Chief Electoral Officer for Northern Ireland.

(4) The validity of any proceedings of the Assembly is not affected by any vacancy in its membership.

(5) An order under subsection (1) may apply (with or without modifications) any provision of, or made under, any enactment.

Disqualification

36

(1) The Northern Ireland Assembly Disqualification Act 1975 shall have effect as if any reference to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 were a reference to the Assembly.

(2) No recommendation shall be made to Her Majesty to make an Order in Council under section 3(1) of the Northern Ireland Assembly Disqualification Act 1975 (power to amend Schedule 1) without the consent of the Secretary of State.

(3) A person who is Her Majesty’s Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland is disqualified for membership of the Assembly for a constituency comprising the whole or part of the county or county borough.

(4) A person is disqualified for membership of the Assembly if he is disqualified for membership of the House of Commons otherwise than under the House of Commons Disqualification Act 1975.

(4A) A person who is a qualifying EU citizen or an EU citizen with retained rights is disqualified for membership of the Assembly unless the person is resident for the purposes of section 4(3) of the Representation of the People Act 1983 in—

(a) an electoral area in Great Britain, or

(b) a district electoral area in Northern Ireland.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that—

(a) he is a peer . . . ; or

(b) he is a Lord Spiritual.

(7) A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is disqualified under section 3 of the Act of Settlement (certain persons born out of the Kingdom) if he is a qualifying EU citizen or an EU citizen with retained rights.

(8) In this section, “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).

Effect of disqualification and provision for relief

37

(1) Subject to any order made by the Assembly under this section—

(a) if any person disqualified by virtue of the Northern Ireland Assembly Disqualification Act 1975 or section 36 is returned as a member of the Assembly, his return shall be void; and

(b) if any person being a member of the Assembly becomes disqualified by virtue of that Act or that section, his seat shall be vacated.

(2) If, in a case which falls or is alleged to fall within subsection (1) otherwise than by virtue of section 36(4), it appears to the Assembly—

(a) that the grounds of disqualification or alleged disqualification which subsisted or arose at the material time have been removed; and

(b) that it is otherwise proper so to do,

the Assembly may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section.

(3) No order under subsection (2) shall affect the proceedings on any election petition or any determination of an election court.

(4) Subsection (1)(b) has effect subject to ... section 427 of the Insolvency Act 1986 (bankruptcy etc) and section 31 of the Elections Act 2022 (disqualification of offenders for holding elective office etc); and where, in consequence of either of those sections, the seat of a disqualified member of the Assembly has not been vacated—

(a) he shall not participate in any proceedings of the Assembly; and

(b) any of his other rights and privileges as a member of the Assembly may be withdrawn by a resolution of the Assembly.

(5) The validity of any proceedings of the Assembly is not affected by the disqualification of any person from being a member of the Assembly or from being a member for the constituency for which he purports to sit.

Disqualification: judicial proceedings

38

(1) Any person who claims that a person purporting to be a member of the Assembly—

(a) is disqualified; or

(b) was disqualified when, or at any time since, he was returned,

may apply to the High Court of Justice in Northern Ireland for a declaration to that effect.

(2) On an application—

(a) the person in respect of whom the application is made shall be the respondent;

(b) the applicant shall give such security for costs, not exceeding £5,000, as the court may direct; and

(3) A declaration made in accordance with this section shall be certified in writing to the Secretary of State by the court.

(4) No such declaration shall be made in respect of a person on any grounds if an order has been made by the Assembly under subsection (2) of section 37 directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.

(5) No declaration shall be made in respect of any person on grounds which subsisted when he was elected if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue.

(6) The Secretary of State may by order substitute for the amount specified in subsection (2)(b) such other amount as may be specified in the order.

Presiding Officer and Commission

Presiding Officer

39

(1) Each Assembly shall as its first business elect from among its members a Presiding Officer and deputies.

(2) A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless—

(a) he previously resigns;

(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or

(3) If the Presiding Officer or a deputy ceases to hold office (otherwise than under subsection (2)(c)) before the Assembly is dissolved, the Assembly shall elect another from among its members to fill his place.

(4) The Presiding Officer’s functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.

(5) The Presiding Officer may (subject to standing orders) authorise a deputy to exercise functions on his behalf.

(6) Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Assembly.

(7) A person shall not be elected under subsections (1) to (3) without cross-community support.

Commission

40

(1) There shall be a body corporate, to be known as the Northern Ireland Assembly Commission (“the Commission”), to perform—

(a) the functions conferred on the Commission by virtue of any enactment; and

(b) any functions conferred on the Commission by resolution of the Assembly.

(2) The members of the Commission shall be—

(a) the Presiding Officer; and

(b) the prescribed number of members of the Assembly appointed in accordance with standing orders.

(3) In subsection (2) “the prescribed number” means 5 or such other number as may be prescribed by standing orders.

(3A) A member of the Assembly who is—

(a) a Minister of the Government of Ireland, or

(b) chairman or deputy chairman of—

(i) a committee of the Dáil Éireann (House of Representatives of Ireland),

(ii) a committee of the Seanad Éireann (Senate of Ireland), or

(iii) a joint committee of the Oireachtas (National Parliament of Ireland),

may not be appointed as a member of the Commission.

(4) The Commission shall provide the Assembly, or ensure that the Assembly is provided, with the property, staff and services required for the Assembly’s purposes.

(5) The Assembly may give special or general directions to the Commission for the purpose of or in connection with the exercise of the Commission’s functions.

(6) Proceedings by or against the Assembly (other than proceedings on the Crown side of the Queen’s Bench Division) shall be instituted by or against the Commission on behalf of the Assembly.

(7) Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the Commission to which (apart from this subsection) the Assembly would be entitled or subject shall be treated for all purposes as property or liabilities of the Commission.

(8) Any expenses of the Commission shall be defrayed out of money appropriated by Act of the Assembly.

(9) Any sums received by the Commission shall be paid into the Consolidated Fund of Northern Ireland, subject to any provision made by Act of the Assembly for the disposal of or accounting for such sums.

(10) Schedule 5 (which makes further provision about the Commission) shall have effect.

Proceedings etc.

Standing orders

41

(1) The proceedings of the Assembly shall be regulated by standing orders.

(2) Standing orders shall not be made, amended or repealed without cross-community support.

(3) Schedule 6 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect.

Petitions of concern

42

(1) If a petition expressing concern about a matter which is to be voted on by the Assembly is—

(a) presented to the Assembly by 30 members, and

(b) on the day after the consideration period, confirmed by 30 members,

the vote on that matter requires cross-community support.

(2) If such a petition is presented, the vote on the matter to which it relates may not take place until after the day mentioned in subsection (1)(b).

(3) The members presenting or confirming a petition must include—

(a) one member who belongs to a political party and one member who belongs to a different political party,

(b) one member who belongs to a political party and one member who does not belong to a political party and did not belong to a political party when returned as a member of the Assembly, or

(c) two members who do not belong to a political party and did not belong to a political party when returned as members of the Assembly.

(4) A matter may not be the subject of a petition if it—

(a) concerns a sanction in relation to the conduct of a Minister or other member of the Assembly;

(b) concerns the vote on the general principles of a Bill referred to in section 13(1)(a);

(5) A petition under this section may not be presented or confirmed by the Presiding Officer or a deputy Presiding Officer.

(6) Standing orders must—

(a) make provision with respect to the procedure to be followed in presenting and confirming a petition under this section (which may include provision specifying a minimum period between the presentation of the petition and the time when the vote on the matter to which it relates would take place if not postponed by the petition);

(b) provide that the matter to which a petition under this section relates may be referred, in accordance with paragraphs 11 and 13 of Strand One of the Belfast Agreement, to the committee established under section 13(3)(a);

(c) specify further matters that may not be the subject of a petition under this section, for the purposes of fully implementing paragraph 2.2.4 of Annex B of Part 2 of The New Decade, New Approach Deal;

(d) make provision for such steps to be taken during the consideration period as may be necessary for the purposes of fully implementing paragraph 2.2.7 of Annex B of Part 2 of The New Decade, New Approach Deal.

(7) If the day mentioned in paragraph (b) of subsection (1) is not a working day that paragraph is to be read as referring to the next day that is a working day.

(8) In this section—

“the consideration period” means the period of 14 days beginning with the day on which the petition is presented;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Northern Ireland.

Members' interests

43

(1) Standing orders shall include provision for a register of interests of members of the Assembly, and for—

(a) registrable interests (as defined in standing orders) to be registered in it; and

(b) the register to be published and made available for public inspection.

(2) Standing orders shall include provision requiring that any member of the Assembly who has—

(a) a financial interest (as defined in standing orders) in any matter; or

(b) any other interest, or an interest of any other kind, specified in standing orders in any matter,

declares that interest before taking part in any proceedings of the Assembly relating to that matter.

(3) Standing orders made in pursuance of subsection (1) or (2) may include provision for preventing or restricting the participation in proceedings of the Assembly of a member with a registrable interest, or an interest mentioned in subsection (2), in a matter to which the proceedings relate.

(4) Standing orders shall include provision prohibiting a member of the Assembly from—

(a) advocating or initiating any cause or matter on behalf of any person, by any means specified in standing orders, in consideration of any payment or benefit in kind of a description so specified; or

(b) urging, in consideration of any such payment or benefit in kind, any other member of the Assembly to advocate or initiate any cause or matter on behalf of any person by any such means.

(5) Standing orders may include provision—

(a) for excluding from proceedings of the Assembly any member who fails to comply with, or contravenes, any provision made in pursuance of subsections (1) to (4); and

(b) for withdrawing his rights and privileges as a member for the period of his exclusion.

(6) Any member of the Assembly who—

(a) takes part in any proceedings of the Assembly without having complied with, or in contravention of, any provision made in pursuance of subsections (1) to (3); or

(b) contravenes any provision made in pursuance of subsection (4),

is guilty of an offence.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8) Proceedings for an offence under subsection (6) shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.

Power to call for witnesses and documents

44

(1) The Assembly may require any person—

(a) to attend its proceedings for the purpose of giving evidence; or

(b) to produce documents in his custody or under his control,

relating to any of the matters mentioned in subsection (2).

(2) Those matters are—

(a) transferred matters concerning Northern Ireland;

(b) other matters in relation to which statutory functions are exercisable by Ministers or the Northern Ireland departments.

(3) The power in subsection (1) is exercisable in relation to a person outside Northern Ireland only in connection with the discharge by him of functions relating to matters within subsection (2).

(4) That power is not exercisable in relation to a person who is or has been a Minister of the Crown, or a person who is or has been in Crown employment within the meaning of Article 236 of the Employment Rights (Northern Ireland) Order 1996, in connection with —

(a) the discharge of any functions prior to the appointed day or during a period when section 1 of the Northern Ireland Act 2000 was in force , or

(b) the giving of a direction under section 5A of the Northern Ireland (Executive Formation etc) Act 2022 or the exercise of a function in accordance with such a direction.

(4A) That power is not exercisable in relation to a person mentioned in subsection (4) in connection with the discharge, during a relevant period, of a function which relates to a matter which is a transferred matter by virtue of an Order under section 4.

For this purpose “relevant period” means a period when the matter was not a transferred matter.

(4B) That power is not exercisable in relation to a person mentioned in subsection (4) in connection with the discharge, during a relevant period, of a statutory function which—

(a) is exercisable by a Minister or a Northern Ireland department; but

(b) was at any time exercisable by a Minister of the Crown.

For this purpose “relevant period” means a period when the statutory function was exercisable by a Minister of the Crown.

(5) That power is not exercisable in relation to—

(a) a person discharging functions of any body whose functions relate to excepted matters, in connection with the discharge by him of those functions;

(b) a person discharging functions of any body whose functions relate to reserved matters, in connection with the discharge by him of those functions;

(6) That power may be exercised by a committee of the Assembly only if the committee is expressly authorised to do so by standing orders.

(7) The Presiding Officer shall give the person in question notice in writing specifying—

(a) the time and place at which the person is to attend and the particular matters relating to which he is required to give evidence; or

(b) the documents, or types of documents, which he is to produce, the date by which he is to produce them and the particular matters to which they are to relate.

(8) Such notice shall be given—

(a) in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to him at his usual or last known address or, where he has given an address for service, at that address;

(b) in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person’s registered or principal office.

(9) A person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in Northern Ireland.

(10) In this section “statutory functions” means functions conferred by virtue of any enactment.

Witnesses and documents: offences

45

(1) Subject to subsection (9) of section 44, any person to whom a notice under subsection (7) of that section has been given who—

(a) refuses or fails to attend proceedings as required by the notice;

(b) refuses or fails, when attending proceedings as required by the notice, to answer any question relating to the matters specified in the notice;

(d) refuses or fails to produce any such document,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

(2) It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure.

(3) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

(4) Proceedings for an offence under this section shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.

(5) For the purposes of section 44 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document.

Witnesses: oaths

46

(1) The Presiding Officer or such other person as may be authorised by standing orders may—

(a) administer an oath to any person giving evidence in proceedings of the Assembly; and

(b) require him to take the oath.

(2) Any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

Remuneration and pensions

Remuneration of members

47

(1) The Assembly shall pay to members of the Assembly such salaries as may from time to time be determined .

(2) The Assembly may pay to members of the Assembly such allowances as may from time to time be determined .

(2A) The Assembly may make provision—

(a) determining the salaries or allowances payable to members of the Assembly under this section, or

(b) providing for those salaries or allowances to be determined by a person other than the Assembly in accordance with the provision.

(2B) Different provision may be made for different cases (for example, provision for higher salaries to be payable to Ministers or other office holders).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Provision under subsection (2A) must ensure that, if a salary is payable to a member of the Assembly (“M”) as a member of the House of Lords or as a member of the European Parliament—

(a) if M does not hold an office within subsection (9A), no salary is payable to M under this section;

(b) if M holds an office within subsection (9A), the salary which would otherwise be payable to M under this section is reduced by the appropriate amount.

(4A) The appropriate amount is the amount of the salary payable under this section to members of the Assembly generally.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Standing orders must include provision for the publication of every determination of salaries or allowances by provision under subsection (2A)(a) .

(8A) Provision under subsection (2A)(b) must include provision for the publication of every determination of salaries or allowances under that provision.

(9) For the purposes of this section—

(a) a person’s membership of the Assembly begins on the day on which he takes his seat in accordance with standing orders; and

(b) a person’s holding of an office within subsection (9A) begins on the day on which he takes up office.

(9A) An office is within this subsection if the salary payable under this section to a member of the Assembly holding the office is higher than the salary payable under this section to members of the Assembly generally.

(10) For the purposes of this section, a person who is a member of the Assembly immediately before the Assembly is dissolved shall be treated—

(a) if he continues to hold office as a Minister or junior Minister, as Presiding Officer or deputy or as a member of the Northern Ireland Assembly Commission , as if he were a member of the Assembly until the end of the day on which he ceases to hold the office; and

(b) if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were a member of the Assembly until the end of the day of the poll for that election.

(10A) The provision which may be made by the Assembly for the purposes of this section includes provision—

(a) by a resolution of the Assembly conferring functions on the Northern Ireland Assembly Commission, or

(b) by an Act of the Assembly (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision).

(11) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

Pensions of members

48

(1) The Assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who—

(a) has ceased to be a member of the Assembly; or

(b) has ceased to hold an office within subsection (1A) but continues to be a member of the Assembly.

(1A) An office is within this subsection if the salary payable under section 47 to a member of the Assembly holding the office is higher than the salary payable under that section to members of the Assembly generally.

(2) Such provision may, in particular, include provision for—

(a) contributions or payments towards provision for such pensions, gratuities or allowances;

(b) the establishment and administration (whether by the Commission or otherwise) of one or more pension schemes.

(2A) Where any salary payable to a person under section 47 is not payable because of section 47A , any provision made under this section for the payment of pensions which has effect in relation to him shall apply as if the salary were payable.

(3) In this section—

“the Commission” means the Northern Ireland Assembly Commission;

“provision” includes provision—by an Act of the Assembly (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision) ; orby a resolution of the Assembly conferring functions on the Commission.

(4) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

Miscellaneous

Letters Patent etc

49

(1) Her Majesty may by Order in Council make provision as to—

(a) the form and manner of preparation; and

(b) the publication,

of Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a Bill passed by the Assembly.

(2) If the First Minister and the deputy First Minister acting jointly so direct, impressions with the same device as the Great Seal of Northern Ireland shall be taken in such manner, of such size and on such material as is specified in the direction.

(3) Each such impression—

(a) shall be known as a Wafer Great Seal of Northern Ireland; and

(b) shall be kept in accordance with directions of the First Minister and the deputy First Minister acting jointly.

(4) If a Wafer Great Seal of Northern Ireland has been applied to Letters Patent mentioned in subsection (1), the document has the same validity as if it had passed under the Great Seal of Northern Ireland.

Privilege

50

(1) For the purposes of the law of defamation, absolute privilege shall attach to—

(a) the making of a statement in proceedings of the Assembly; and

(b) the publication of a statement under the Assembly’s authority.

(2) A person is not guilty of contempt of court under the strict liability rule as the publisher of any matter—

(a) in the course of proceedings of the Assembly which relate to a Bill or subordinate legislation; or

(b) to the extent that it consists of a fair and accurate report of such proceedings which is made in good faith.

(3) In this section—

“statement” has the same meaning as in the Defamation Act 1996;

“the strict liability rule” has the same meaning as in the Contempt of Court Act 1981.

Resignation of members

51

A member of the Assembly may at any time resign his seat by notice in writing to the Presiding Officer.

Part V — NSMC, BIC, BIIC etc.

North-South Ministerial Council and British-Irish Council

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreements etc. by persons participating in Councils

53

(1) This section applies to any agreement or arrangement entered into by a Minister or junior Minister participating, by reason of any provision of section 52A or 52B, in a meeting of the North-South Ministerial Council or the British-Irish Council.

(2) Provision may be made by Act of the Assembly for giving effect to any agreement or arrangement to which this section applies, including provision—

(a) for transferring to any body designated by or constituted under the agreement or arrangement any functions which would otherwise be exercisable by any Minister or Northern Ireland department;

(b) for transferring to a Minister or Northern Ireland department any functions which would otherwise be exercisable by any authority outside Northern Ireland.

(3) Subsection (2) has effect notwithstanding anything in subsection (2)(a) of section 6; but it does not affect—

(a) the operation of subsection (2)(b) to (f) of that section; or

(b) the operation of section 7A, 8 or 15 in relation to the enactment of any Act of the Assembly.

(4) No agreement or arrangement to which this section applies entered into for the establishment after the appointed day of an implementation body shall come into operation without the approval of the Assembly.

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Northern Ireland Act 1998

Part I — Preliminary

Sections 52A and 52B: supplementary

1

Minor and consequential amendments.

2

Minor and consequential amendments.

3

Transferred, excepted and reserved matters

4

Part II — Legislative Powers

General

Acts of the Northern Ireland Assembly

5

Legislative competence

6

Entrenched enactments

7

Consent of Secretary of State required in certain cases

8

Scrutiny and stages of Bills

Scrutiny by Ministers

9

Scrutiny by Presiding Officer

10

Scrutiny by the Judicial Committee

11

Reconsideration where reference made to ECJ

12

Stages of Bills

13

Royal Assent

Submission by Secretary of State

14

Parliamentary control where consent given

15

Part III — Executive Authorities

Authorities

First Minister and deputy First Minister

16

Ministerial offices

17

Northern Ireland Ministers

18

Junior Ministers

19

The Executive Committee

20

Northern Ireland departments

21

Functions

Statutory functions

22

Prerogative and executive powers

23

Community law, Convention rights etc

24

Excepted and reserved matters

25

International obligations

26

Quotas for purposes of international etc obligations

27

Agency arrangements between UK and NI departments

28

Miscellaneous

Statutory committees

29

Exclusion of Ministers from office

30

Part IV — The Northern Ireland Assembly

Elections etc

Dates of elections and dissolutions

31

Extraordinary elections

32

Constituencies and numbers of members

33

Elections and franchise

34