Legalize / United Kingdom / Public General Act

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

articles Not indexed

Reform history JSON API

(9) The Commission may, for the purposes of Article 14(c) of the Protocol, bring any appropriate matters to the attention of the Specialised Committee referred to in that Article.

78B

(1) The Equality Commission for Northern Ireland must monitor the implementation of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

(2) The Commission must report to the Secretary of State and the Executive Office in Northern Ireland on the implementation of Article 2(1)—

(a) as soon as reasonably practicable after receipt of a general or specific request for such a report, and

(b) on such other occasions as the Commission thinks appropriate.

(3) A report under subsection (2) may require the Secretary of State or the Executive Office in Northern Ireland to reply in writing to any recommendations contained in the report, explaining what steps have been taken or are planned in response to the recommendations.

(4) On receiving a report under subsection (2)—

(a) the Secretary of State must lay a copy of it before Parliament, and

(b) the Executive Office in Northern Ireland must lay a copy of it before the Assembly.

(5) The Commission must advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to implement Article 2(1)—

(a) as soon as reasonably practicable after receipt of a general or specific request for advice, and

(b) on such other occasions as the Commission thinks appropriate.

(6) The Commission must advise the Assembly (or a Committee of the Assembly) whether a Bill is compatible with Article 2(1)—

(a) as soon as reasonably practicable after receipt of a request for advice, and

(b) on such other occasions as the Commission thinks appropriate.

(7) The Commission must promote understanding and awareness of the importance of Article 2(1); and for this purpose it may undertake, commission or provide financial or other assistance for—

(a) research, and

(b) educational activities.

(8) The Commission may decide to publish its advice and the outcome of its research.

(9) The Commission may, for the purposes of Article 14(c) of the Protocol, bring any appropriate matters to the attention of the Specialised Committee referred to in that Article.

78C

(1) The Northern Ireland Human Rights Commission or Equality Commission for Northern Ireland may—

(a) bring judicial review proceedings in respect of an alleged breach (or potential future breach) of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

(b) intervene in legal proceedings, whether for judicial review or otherwise, in so far as they relate to an alleged breach (or potential future breach) of Article 2(1).

(2) Subsection (1)(a) does not create a cause of action.

78D

(1) This section applies to proceedings or proposed proceedings by a person in respect of an alleged breach (or potential future breach) of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

(2) Where the person applies to the Northern Ireland Human Rights Commission, or the Equality Commission for Northern Ireland, for assistance in relation to the proceedings, the Commission may grant the application, so far as it relates to the alleged breach (or potential future breach) of Article 2(1), on any of the following grounds—

(a) that the case raises a question of principle;

(b) that it would be unreasonable to expect the person to deal with the case without assistance because of its complexity, or because of the person's position in relation to another person involved, or for some other reason;

(3) Where an application under subsection (2) is granted, the Commission in question may—

(a) provide, or arrange for the provision of, legal advice;

(b) arrange for the provision of legal representation;

(4) Arrangements made under this section for the provision of assistance to a person may include provision for recovery of expenses from the person in certain circumstances.

78E

The Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland may arrange for any of their functions under sections 78A to 78D to be carried out by one of them acting on behalf of the other (or by them acting jointly).

16A

Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.

Ministers must at all times:

1

(1) Ministers must at all times—

(a) maintain the highest standards of conduct and behave in a way that upholds the highest standards of propriety;

(b) be accountable to the Assembly and the public for the decisions and actions of their departments and agencies, including stewardship of public funds and the extent to which key performance targets and objects have been met;

(d) comply with this code and with rules relating to the use of public funds;

(e) operate in a way that is conducive to promoting good community relations and equality of opportunity, treating all those with whom they come into contact with consideration and respect;

(f) ensure that no conflict arises, or could be reasonably perceived to arise, between Ministers’ public duties and their private interests, financial or otherwise, and comply with rules concerning conflicts of interest;

(g) refrain from using information gained in the course of their service for personal gain and from using the opportunity of public service to promote their private interests;

(h) ensure that official resources are not used for party political purposes;

(i) comply with rules regarding the management of official information;

(j) comply with rules on the acceptance of gifts and hospitality;

(k) uphold the political impartiality of the civil service, not asking civil servants to act in any way which would conflict with the Northern Ireland Civil Service Code of Ethics;

(l) make civil service and public appointments in accordance with relevant legislation and relevant recruitment codes; and ensure that the rules on management and conduct of special advisers, including discipline, are complied with.

(2) “The Nolan principles” means the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850) as revised or replaced from time to time.

Part 7A — National and Cultural Identity

78F

(1) A public authority must in carrying out functions relating to Northern Ireland have due regard to the national and cultural identity principles.

(2) The “national and cultural identity principles” are—

(a) the principle that everybody in Northern Ireland is free to—

(i) choose, affirm, maintain and develop their national and cultural identity, and

(ii) express and celebrate that identity in a manner that takes account of the sensitivities of those with different national and cultural identities and respects the rule of law, and

(b) the principle that public authorities should encourage and promote reconciliation, tolerance and meaningful dialogue between those with different national and cultural identities with a view to promoting parity of esteem, mutual respect and understanding, and cooperation.

(3) In this Part, a reference to a person’s national and cultural identity is a reference to a person’s religious belief, political opinion or racial group.

(4) In this section—

“public authority” means an authority listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4 (N.I.)), but does not include—a body referred to in note 2 to Schedule 3 but not listed in that Schedule;the Office of Identity and Cultural Expression (see section 78G);

“racial group” has the same meaning as in the Race Relations (Northern Ireland) Order 1997.

(5) The First Minister and deputy First Minister acting jointly may by regulations modify this section for the purpose of adding authorities to or removing authorities from the definition of “public authority”.

(6) Regulations under subsection (5) may—

(a) add an authority only if the provision adding the authority—

(i) would be within the legislative competence of the Assembly if it were contained in an Act of the Assembly, and

(ii) would not, if it were contained in a Bill of the Assembly, result in that Bill requiring the consent of the Secretary of State;

(b) add or remove an authority for a particular purpose, or in relation to particular functions;

78G

(1) A body corporate to be known as the Office of Identity and Cultural Expression is established.

(2) In this Part “the Office” means the Office of Identity and Cultural Expression.

(3) Schedule 9A contains provision about the Office.

78H

(1) The principal aims of the Office in exercising functions under this section are—

(a) to promote cultural pluralism and respect for diversity in Northern Ireland;

(b) to promote social cohesion and reconciliation between those with different national and cultural identities;

(c) to increase the capacity and resilience of people in Northern Ireland to address issues related to differences in national and cultural identity;

(d) to support, and promote the celebration of, the cultural and linguistic heritage of all people living in Northern Ireland.

(2) The Office must—

(a) promote awareness of the national and cultural identity principles,

(b) monitor and promote compliance with the duty under section 78F(1), and

(3) In carrying out the functions in subsection (2), the Office may in particular—

(a) publish, and revise, guidance about—

(i) the duty under section 78F(1), including best practice for complying with that duty, and

(ii) other matters relating to national and cultural identity in Northern Ireland;

(b) undertake, commission or support research into matters relating to national and cultural identity in Northern Ireland (including at the request of the Irish Language Commissioner or the Commissioner for the Ulster Scots and the Ulster British tradition);

(c) provide, commission or support educational programmes, engagement and training on matters relating to national and cultural identity in Northern Ireland;

(d) provide grants to persons with aims like those described in subsection (1);

(e) cooperate with persons with aims like those described in subsection (1) (whether or not relating to Northern Ireland).

(4) The First Minister and deputy First Minister acting jointly may direct the Office in relation to the exercise of its functions.

78I

(1) The Office may—

(a) establish a body corporate or other organisation to be known as the Castlereagh Foundation, or

(b) provide grants for the establishment of such a body or organisation by another person.

(2) A body or other organisation established or funded under subsection (1) must—

(a) have as its principal objective the funding and support of academic research into identity, including national and cultural identity and shifting patterns of identity, in Northern Ireland, and

(b) be operationally and financially independent from the Office (though this does not affect the Office’s functions under section 78H).

(3) The Office may dispose of any interest in the Castlereagh Foundation.

Part 7B — The Irish Language

78J

(1) The purpose of this Part is to provide official recognition of the status of the Irish language in Northern Ireland by—

(a) providing for the appointment of an Irish Language Commissioner,

(b) providing for the development of standards of best practice relating to the use of the Irish language by public authorities, and

(2) This is in addition to any other official recognition of the status of the Irish language including, for example, in—

(a) section 28D,

(b) the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859), and

(3) Nothing in this Part affects the status of the English language.

78K

(1) The First Minister and deputy First Minister acting jointly must appoint an Irish Language Commissioner.

(2) The person for the time being holding office as Irish Language Commissioner is by that name a corporation sole.

(3) In this Part, “the Commissioner” means the Irish Language Commissioner.

(4) Schedule 9B contains provision about the Commissioner.

78L

(1) The principal aim of the Commissioner in exercising functions under this Part is to enhance and protect the use of the Irish language by public authorities in the provision of services to the public or a section of the public in Northern Ireland.

(2) The Commissioner must—

(a) prepare and publish, in accordance with sections 78M and 78N, standards of best practice relating to the use of the Irish language by public authorities,

(b) monitor and promote compliance with those standards, and

(3) The Commissioner may provide advice, support and guidance to public authorities in relation to the use of the Irish language and the standards of best practice.

(4) The First Minister and deputy First Minister acting jointly may direct the Commissioner in relation to the exercise of the Commissioner’s functions.

(5) In this Part, a reference to services is a reference to services whether provided for payment or not.

78M

(1) The Commissioner must—

(a) prepare written standards of best practice relating to the use of the Irish language by public authorities in the provision of services to the public or a section of the public in Northern Ireland (“best practice standards”), and

(b) submit them to the First Minister and deputy First Minister.

(2) The First Minister and deputy First Minister acting jointly may approve best practice standards submitted under subsection (1) with or without modifications.

(3) The Commissioner must publish best practice standards approved under subsection (2).

(4) In preparing best practice standards, the Commissioner must—

(a) have due regard to any guidance of the First Minister and deputy First Minister acting jointly, and

(b) consult such public authorities or other persons as the Commissioner considers appropriate.

(5) Best practice standards—

(a) must state the date or dates from which they are to be applicable, and

(b) may make different provision for different public authorities or different descriptions of public authority.

78N

(1) The Commissioner must, within the period of five years beginning with the day on which best practice standards were last published, review the operation of those standards.

(2) The Commissioner may revise or withdraw best practice standards—

(a) following a review under subsection (1), or

(b) at any other time, if the Commissioner considers it necessary or desirable to do so.

(3) The Commissioner must submit any revised best practice standards to the First Minister and deputy First Minister.

(4) Subsections (2) to (5) of section 78M apply to revised best practice standards as they apply to best practice standards prepared under section 78M (1).

78O

(1) A public authority must, in providing services to the public or a section of the public in Northern Ireland, have due regard to any published best practice standards.

(2) A public authority must prepare and publish a plan setting out the steps it proposes to take to comply with the duty in subsection (1).

(3) A public authority—

(a) may revise and re-publish the plan if the authority considers it necessary or desirable to do so, and

(b) must revise and re-publish the plan if relevant revised best practice standards are published in accordance with section 78N.

(4) In preparing or revising a plan under this section, a public authority must consult the Commissioner.

78P

(1) Subsection (2) applies in relation to a complaint to the effect that a public authority has failed to comply with its obligations under section 78O if—

(a) the complaint is made by a person claiming to have been directly affected by the failure,

(b) the complaint is made in writing to the Commissioner within the period of three months beginning with the day on which the complainant first knew of the matters raised in the complaint, and

(c) the Commissioner is satisfied that the complainant has notified the public authority of the matters raised in the complaint and the authority has had reasonable opportunity to consider them and respond.

(2) The Commissioner must—

(a) investigate the complaint, or

(b) provide the complainant with a written statement of the Commissioner’s reasons for not investigating the complaint.

(3) If investigating the complaint, the Commissioner must—

(a) notify the complainant and public authority in writing of that fact,

(b) afford the public authority reasonable opportunity to comment on matters raised in the complaint, and

(4) If the Commissioner finds that the public authority failed to comply with its obligations under section 78O, the Commissioner—

(a) may include in the report under subsection (3) recommendations as to how the public authority might remedy its failure and avoid future failures, and

(b) must lay the report before the Assembly.

(5) An investigation under this section may be carried out in private if the Commissioner considers it appropriate.

78Q

(1) In this Part “public authority” means an authority listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4 (N.I.)), but does not include—

(a) the Commissioner;

(b) the Office of Identity and Cultural Expression;

(d) the implementation body to which Part 6 of the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859) (language) applies;

(e) a body referred to in note 2 to Schedule 3 but not listed in that Schedule.

(2) The First Minister and deputy First Minister acting jointly may by regulations modify this section for the purpose of adding authorities to or removing authorities from the definition of “public authority”.

(3) Regulations under subsection (2) may—

(a) add an authority only if the provision adding the authority—

(i) would be within the legislative competence of the Assembly if it were contained in an Act of the Assembly, and

(ii) would not, if it were contained in a Bill of the Assembly, result in that Bill requiring the consent of the Secretary of State;

(b) add or remove an authority for a particular purpose, or in relation to specified functions;

Part 7C — The Ulster Scots and the Ulster British tradition

78R

(1) The First Minister and deputy First Minister acting jointly must appoint a Commissioner for the Ulster Scots and the Ulster British tradition.

(2) The person for the time being holding office as the Commissioner for the Ulster Scots and the Ulster British tradition is by that name a corporation sole.

(3) In this Part, “the Commissioner” means the Commissioner for the Ulster Scots and the Ulster British tradition.

(4) Schedule 9C contains provision about the Commissioner.

78S

(1) The principal aim of the Commissioner in exercising functions under this Part is to enhance and develop the language, arts and literature associated with the Ulster Scots and the Ulster British tradition in Northern Ireland (in this Part referred to as “the relevant language, arts and literature”).

(2) The Commissioner must—

(a) promote awareness of Ulster Scots services provided by public authorities to the public or a section of the public in Northern Ireland;

(b) provide or publish such advice, support and guidance as the Commissioner considers appropriate to public authorities in relation to—

(i) developing and encouraging the relevant language, arts and literature (including in relation to facilitating the use of Ulster Scots in the provision of services to the public or a section of the public in Northern Ireland);

(ii) the effect and implementation of the international instruments specified in subsection (3) in relation to the relevant language, arts and literature;

(3) The specified international instruments are—

(a) the Council of Europe’s Charter for Regional or Minority Languages opened for signature on 5 November 1992,

(b) the Council of Europe’s Framework Convention for the Protection of National Minorities opened for signature on 1 February 1995, and

including any protocols which are in force in relation to the United Kingdom, but subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.

(4) In preparing guidance for publication, the Commissioner must consult with such public authorities and other persons as the Commissioner considers appropriate.

(5) The First Minister and deputy First Minister acting jointly may direct the Commissioner in relation to the exercise of the Commissioner’s functions.

(6) In subsection (2)(a), “Ulster Scots services” means services provided in Ulster Scots or likely to be of particular interest to those with an interest in the relevant language, arts and literature.

(7) In this Part, a reference to services is a reference to services whether provided for payment or not.

(8) Nothing in this Part affects the status of the English language.

78T

(1) Subsection (2) applies in relation to a complaint to the effect that a public authority did not have due regard to published facilitation guidance if—

(a) the complaint is made by a person claiming to have been directly affected by the failure,

(b) the complaint is made in writing to the Commissioner within the period of three months beginning with the day on which the complainant first knew of the matters raised in the complaint, and

(c) the Commissioner is satisfied that the complainant has notified the public authority of the matters raised in the complaint and the authority has had reasonable opportunity to consider and respond.

(2) The Commissioner must—

(a) investigate the complaint, or

(b) provide the complainant with a written statement of the Commissioner’s reasons for not investigating the complaint.

(3) If investigating the complaint, the Commissioner must—

(a) notify the complainant and public authority in writing of that fact,

(b) afford the public authority reasonable opportunity to comment on matters raised in the complaint, and

(4) If the Commissioner finds that the public authority did not have due regard to published facilitation guidance, the Commissioner—

(a) may include in the report under subsection (3) recommendations as to how the public authority might have better regard to published facilitation guidance, and

(b) may lay the report before the Assembly.

(5) An investigation under this section may be carried out in private if the Commissioner considers it appropriate.

(6) In this section “published facilitation guidance” means guidance published under section 78S (2)(b)(i) in relation to facilitating the use of Ulster Scots in the provision of services to the public or a section of the public in Northern Ireland.

78U

(1) In this Part “public authority” means an authority listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4 (N.I.)) but does not include—

(a) the Commissioner;

(b) the Office of Identity and Cultural Expression;

(d) the implementation body to which Part 6 of the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859) (language) applies;

(e) a body referred to in note 2 to Schedule 3 but not listed in that Schedule.

(2) The First Minister and deputy First Minister acting jointly may by regulations modify this section for the purpose of adding authorities to or removing authorities from the definition of “public authority”.

(3) Regulations under subsection (2) may—

(a) add an authority only if the provision adding the authority—

(i) would be within the legislative competence of the Assembly if it were contained in an Act of the Assembly, and

(ii) would not, if it were contained in a Bill of the Assembly, result in that Bill requiring the consent of the Secretary of State;

(b) add or remove an authority for a particular purpose, or in relation to specified functions;

Schedule 9A

Status

1

(1) The Office is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) Property of the Office is not to be regarded as property of, or held on behalf of, the Crown.

2

The Office is to consist of—

(a) a Director appointed by the First Minister and deputy First Minister acting jointly, and

(b) no more than five other members appointed by the First Minister and deputy First Minister acting jointly,

each, a “member”.

3

(1) Subject to the provisions of this Schedule, a person holds office as a member in accordance with the terms of the person’s appointment.

(2) A person may not be appointed as a member for more than five years at a time, or more than twice.

(3) A person may resign as a member by notice in writing to the First Minister and deputy First Minister.

(4) The First Minister and deputy First Minister acting jointly may dismiss a person from office as a member by notice in writing if satisfied that the person—

(a) has without reasonable excuse failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) has been convicted of a criminal offence;

(c) has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

(d) is unable or unfit to carry out the functions of the office of a member.

(5) Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

4

(1) The Office may pay to or in respect of a member such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

(2) Where a person ceases to be a member otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Office may pay to or in respect of the person such amount as the Executive Office may determine.

(3) A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

5

(1) The Office may appoint such number of staff as the Office may determine.

(2) The terms and conditions of a person’s appointment are to be determined by the Office; but that is subject to the provisions of this Schedule.

(3) The Office may pay to or in respect of a member of staff such remuneration, allowances, fees and sums for the provision of a pension as the Office may determine.

(4) Where a person ceases to be a member of staff otherwise than on the expiration of a term of appointment and the Office determines that special circumstances justify compensation, the Office may pay to or in respect of the person such amount as the Office may determine.

(5) A determination of the Office under this paragraph requires the approval of the Executive Office and Department of Finance.

6

(1) The Executive Office may provide the Office with staff, facilities or services for the purpose of assisting the Office in the exercise of its functions.

(2) In this Schedule, a reference to a member of staff includes a reference to a member of staff appointed on secondment; but a period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

7

Any function of the Office may be exercised by—

(a) the Director, or

(b) another member or member of staff authorised (whether generally or specifically) for the purpose.

8

The Office may do whatever the Office considers is appropriate for facilitating, or incidental or conducive to, the exercise of the Office’s functions, other than borrowing money.

9

(1) The Office may regulate its own proceedings.

(2) The validity of any proceedings of the Office is not affected by a vacancy or defective appointment.

10

(1) The Executive Office may make grants to the Office of such amounts as it determines with the approval of the Department of Finance.

(2) The Office must pay to the Executive Office any sums received by the Office in the course of, or in connection with, the exercise of the Office’s functions.

(3) Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may with the approval of the Department of Finance direct.

11

(1) The Office must—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must be in such form and contain such information as the Executive Office may with the approval of the Department of Finance direct.

(3) The Office must, within such period after the end of each financial year as the Executive Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Executive Office, and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General for Northern Ireland must—

(a) examine, certify and report on every statement of accounts received under sub-paragraph (3); and

(b) send a copy of the report to the Executive Office.

(5) The Executive Office must lay a copy of the statement of accounts and the report of the Comptroller and Auditor General for Northern Ireland before the Assembly.

(6) In this paragraph and paragraph 12 “financial year” means—

(a) the period beginning with the day on which the first person appointed as Director takes office and ending on the 31 March following that day, and

(b) each successive period of twelve months ending on 31 March.

12

(1) As soon as reasonably practicable after the end of each financial year, the Office must send to the Executive Office a report on the performance of the Office’s functions during that year.

(2) The Executive Office must lay a copy of the report before the Assembly.

13

(1) The application of the seal of the Office must be authenticated by the signature of—

(a) the Director, or

(b) another member or member of staff authorised for the purpose.

(2) A document purporting to be an instrument issued by the Office and to be duly executed under the Office’s seal or signed on its behalf is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.

Schedule 9B

1

(1) The Commissioner is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property held by the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

2

(1) Subject to the provisions of this Schedule, a person holds office as the Commissioner in accordance with the person’s terms of appointment.

(2) A person may not be appointed as Commissioner for more than five years at a time, or more than twice.

(3) A person may at any time resign as Commissioner by notice in writing to the First Minister and deputy First Minister.

(4) The First Minister and deputy First Minister acting jointly may dismiss a person from office as Commissioner by notice in writing if satisfied that the person—

(a) has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) has been convicted of a criminal offence;

(c) has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

(d) is unable or unfit to perform the functions of the office.

(5) Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

3

(1) The Executive Office may pay to or in respect of the Commissioner such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

(2) Where a person ceases to hold office as Commissioner otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Executive Office may pay to or in respect of the person such amount as the Executive Office may determine.

(3) A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

4

(1) The Commissioner may appoint such number of staff as the Commissioner may determine.

(2) The terms and conditions of a person’s appointment are to be determined by the Commissioner; but that is subject to the provisions of this Schedule.

(3) The Commissioner may pay to or in respect of a member of staff such remuneration, allowances, fees and sums for the provision of a pension as the Commissioner may determine.

(4) Where a person ceases to be a member of staff otherwise than on expiration of a term of appointment and the Commissioner determines that special circumstances justify compensation, the Commissioner may pay to or in respect of the person such amount as the Commissioner may determine.

(5) A determination of the Commissioner under this paragraph requires the approval of the Executive Office and Department of Finance.

5

(1) The Executive Office may provide the Commissioner with staff, facilities or services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(2) The Office of Identity and Cultural Expression may provide the Commissioner with services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(3) In this Schedule, a reference to a member of staff includes a reference to a member of staff appointed on secondment; but a period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

6

Any function of the Commissioner may be exercised by any member of staff of the Commissioner who has been authorised (whether generally or specially) by the Commissioner for the purpose.

7

The Commissioner may do whatever the Commissioner considers appropriate for facilitating, or incidental or conducive to, the exercise of the Commissioner’s functions, other than borrowing money.

8

(1) The Executive Office may make grants to the Commissioner of such amounts as it determines with the approval of the Department of Finance.

(2) The Commissioner must pay to the Executive Office any sums received by the Commissioner in the course of, or in connection with, the exercise of the Commissioner’s functions.

(3) Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may with the approval of the Department of Finance direct.

9

(1) The Commissioner must—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must be in such form and contain such information as the Executive Office may with the approval of the Department of Finance direct.

(3) The Commissioner must, within such period after the end of each financial year as the Executive Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Executive Office, and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on every statement of accounts received under sub-paragraph (3), and

(b) send a copy of the report to the Executive Office.

(5) The Executive Office must lay a copy of the statement of accounts and the report of the Comptroller and Auditor General before the Assembly.

(6) In this paragraph and paragraph 10 “financial year” means—

(a) the period beginning with the day on which the first person appointed as Commissioner takes office and ending on the 31 March following that day, and

(b) each successive period of twelve months ending on 31 March.

10

(1) As soon as practicable after the end of each financial year, the Commissioner must send to the Executive Office a report on the exercise of the Commissioner’s functions during that year.

(2) The Executive Office must lay a copy of the report before the Assembly.

11

(1) The application of the seal of the Commissioner must be authenticated by the signature of—

(a) the Commissioner, or

(b) a member of staff authorised for the purpose.

(2) A document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or signed by or on behalf of the Commissioner is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.

12

(1) Any real or personal property vested in the Commissioner vests (unless and until disclaimed or disposed of) in the successor in office.

(2) Where there is a vacancy in the office of Commissioner at the time when real or personal property would otherwise have vested, the property vests in the successor on appointment.

Schedule 9C

1

(1) The Commissioner is not to be regarded—

(a) as a servant or agent of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property held by the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

2

(1) Subject to the provisions of this Schedule, a person holds office as the Commissioner in accordance with the person’s terms of appointment.

(2) A person may not be appointed as Commissioner for more than five years at a time, or more than twice.

(3) A person may at any time resign as Commissioner by notice in writing to the First Minister and deputy First Minister.

(4) The First Minister and deputy First Minister acting jointly may dismiss a person from office as Commissioner by notice in writing if satisfied that the person—

(a) has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) has been convicted of a criminal offence;

(c) has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

(d) is unable or unfit to perform the functions of the office.

(5) Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

3

(1) The Executive Office may pay to or in respect of the Commissioner such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

(2) Where a person ceases to hold office as Commissioner otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Executive Office may pay to or in respect of the person such amount as the Executive Office may determine.

(3) A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

4

(1) The Commissioner may appoint such number of staff as the Commissioner may determine.

(2) The terms and conditions of a person’s appointment are to be determined by the Commissioner; but that is subject to the provisions of this Schedule.

(3) The Commissioner may pay to or in respect of a member of staff such remuneration, allowances, fees and sums for the provision of a pension as the Commissioner may determine.

(4) Where a person ceases to be a member of staff otherwise than on expiration of a term of appointment and the Commissioner determines that special circumstances justify compensation, the Commissioner may pay to or in respect of the person such amount as the Commissioner may determine.

(5) A determination of the Commissioner under this paragraph requires the approval of the Executive Office and Department of Finance.

5

(1) The Executive Office may provide the Commissioner with staff, facilities or services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(2) The Office of Identity and Cultural Expression may provide the Commissioner with services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(3) In this Schedule, a reference to a member of staff includes a reference to a member of staff appointed on secondment; but a period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

6

Any function of the Commissioner may be exercised by any member of staff of the Commissioner who has been authorised (whether generally or specially) by the Commissioner for the purpose.

7

The Commissioner may do whatever the Commissioner considers appropriate for facilitating, or incidental or conducive to, the exercise of the Commissioner’s functions, other than borrowing money.

8

(1) The Executive Office may make grants to the Commissioner of such amounts as it determines with the approval of the Department of Finance.

(2) The Commissioner must pay to the Executive Office any sums received by the Commissioner in the course of, or in connection with, the exercise of the Commissioner’s functions.

(3) Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may with the approval of the Department of Finance direct.

9

(1) The Commissioner must—

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must be in such form and contain such information as the Executive Office may with the approval of the Department of Finance direct.

(3) The Commissioner must, within such period after the end of each financial year as the Executive Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Executive Office; and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on every statement of accounts received under sub-paragraph (3); and

(b) send a copy of the report to the Executive Office.

(5) The Executive Office must lay a copy of the statement of accounts and the report of the Comptroller and Auditor General before the Assembly.

(6) In this paragraph and paragraph 10 “financial year” means—

(a) the period beginning with the day on which the first person appointed as Commissioner takes office and ending on the 31 March following that day; and

(b) each successive period of twelve months ending on 31 March.

10

(1) As soon as practicable after the end of each financial year, the Commissioner must send to the Executive Office a report on the exercise of the Commissioner’s functions during that year.

(2) The Executive Office must lay a copy of the report before the Assembly.

11

(1) The application of the seal of the Commissioner must be authenticated by the signature of—

(a) the Commissioner; or

(b) a member of staff authorised for the purpose.

(2) A document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or signed by or on behalf of the Commissioner is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.

12

(1) Any real or personal property vested in the Commissioner vests (unless and until disclaimed or disposed of) in the successor in office.

(2) Where there is a vacancy in the office of Commissioner at the time when real or personal property would otherwise have vested, the property vests in the successor on appointment.

67A

(1) A person must send to the Secretary of State a copy of any minutes, accounts, reports, or other documents, that, during a period in which the Assembly is not functioning, the person lays before the Assembly under a relevant provision.

(2) The Secretary of State must lay before the House of Commons anything received under subsection (1).

(3) In this section “relevant provision” means—

(a) section 10(4), 11(3)(c), 16(4) or 24(2) of the Government Resources and Accounts Act (Northern Ireland) 2001, or

(b) Article 8 of the Financial Provisions (Northern Ireland) Order 1993 (S.I. 1993/1252 (N.I. 5)).

(4) In this section “period in which the Assembly is not functioning” means a period—

(a) beginning with the first day after the end of the period in which an Assembly must meet if, at the end of that period, the Presiding Officer and deputies are not in post, and

(b) ending with the next day on which the Presiding Officer and deputies are in post.

(5) In subsection (4)—

(a) a reference to a Presiding Officer or deputy being in post is a reference to their being in post having been elected under section 39(1) after the day of the poll at which the Assembly referred to in subsection (4)(a) is elected, and

(b) a reference to the period in which an Assembly must meet is a reference to the period referred to in section 31(4).

56B

Schedule 6B (EU Withdrawal: Windsor Framework democratic scrutiny) has effect.

SCHEDULE 6B

PART 1 — General

1

(1) Part 2 of this Schedule establishes a new Windsor Framework Democratic Scrutiny Committee of the Assembly.

(2) Part 3 of this Schedule sets out, for the purposes of Article 13 of the Windsor Framework, the process by which members of the Assembly may seek to prevent the application of a replacement EU act under the Framework.

(3) Part 4 of this Schedule makes provision relating to the position of the United Kingdom in the Joint Committee with respect to the proposed application of EU acts under the Windsor Framework.

(4) To the extent that the standing orders of the Assembly are inconsistent with this Schedule, this Schedule (rather than the standing orders) is to have effect.

(5) For the purposes of this Schedule, a motion that is tabled and then withdrawn is to be regarded, at times after its withdrawal, as not having been tabled.

(6) In this Schedule—

“Article 13(3a) declaration” means the unilateral declaration by His Majesty’s Government concerning the involvement of the institutions of the 1998 Agreement as annexed to the decision of the Joint Committee which lays down arrangements relating to the Windsor Framework;

“clerk to the Assembly” has the same meaning as in Schedule 6A;

“Committee” means the committee established by paragraph 2;

“Framework” means the Windsor Framework;

“Joint Committee” has the same meaning as in the European Union (Withdrawal) Act 2018;

“new EU act” means a new EU instrument which has been notified to the United Kingdom in accordance with Article 13(4) of the Windsor Framework;

“replacement EU act” means an EU instrument which amends or replaces any of the EU instruments referred to in the third subparagraph of Article 5(1) of the Windsor Framework, the first indent of heading 1 of Annex 2 to the Framework or headings 7 to 47 of Annex 2 to the Framework;

“scrutiny period” means the period of two months beginning with the day on which a replacement EU act is published;

“Windsor Framework” has the same meaning as in the joint declaration of the United Kingdom of Great Britain and Northern Ireland and the European Union in the Joint Committee which reflects the arrangements in the decision of that Joint Committee laying down the arrangements relating to the Windsor Framework.

PART 2 — Windsor Framework Democratic Scrutiny Committee

2

A committee of the Assembly, to be known as the Windsor Framework Democratic Scrutiny Committee, is established.

3

(1) The purpose of the Committee is to assist with the observation and implementation of Article 13(3a) and (4) of the Framework.

(2) In order to fulfil its purpose, the functions of the Committee include—

(a) the examination and consideration of new EU acts and replacement EU acts,

(b) the conduct of inquiries and publication of reports in relation to replacement EU acts,

(d) engagement with His Majesty’s Government in the United Kingdom in relation to replacement EU acts,

(e) engagement with Ministers and Northern Ireland departments in relation to replacement EU acts,

(f) the collation and publication of evidence collected as part of its other activities, and

(g) dealing with other matters (including legislative proposals which may become new EU acts or replacement EU acts) which the Committee considers to be connected with its purpose or other functions.

4

Membership of the Committee is to be determined in accordance with the standing orders of the Assembly which are to apply in the same way as they apply to a standing committee.

5

(1) Subject to sub-paragraph (2), the power in section 44(1) may be exercised by the Committee as if the Committee had been expressly authorised to do so in accordance with section 44(6).

(2) Subsection (2) of section 44 has effect in relation to the Committee as if for paragraphs (a) and (b) there were substituted “the purpose or functions of the Windsor Framework Democratic Scrutiny Committee”.

6

(1) The Committee may be notified under this paragraph if—

(a) a new EU act or a replacement EU act has been proposed by the European Commission, or

(b) a replacement EU act has been published by the European Union.

(2) A notification is made under sub-paragraph (1) if His Majesty’s government in the United Kingdom provides the notification to—

(a) the chair of the Committee,

(b) the clerk of the Committee,

(d) the Presiding Officer.

7

(1) Following receipt of a notification under paragraph 6(1)(a), the Committee may monitor the progress of the proposed new EU act or replacement EU act and publish any interim reports which the Committee considers appropriate.

(2) If the Committee decides to monitor the progress of a proposed new EU act or replacement EU act in accordance with sub-paragraph (1), the Committee may also decide to hold an inquiry into that EU act.

8

(1) Following receipt of a notification under paragraph 6(1)(b) the Committee must decide—

(a) whether or not to hold an inquiry into the replacement EU act which was the subject of the notification, or

(b) whether or not to continue an inquiry begun in accordance with paragraph 7(2) in relation to the replacement EU act which was the subject of the notification.

(2) In reaching a decision under sub-paragraph (1), the Committee—

(a) must have regard to whether it appears likely that the replacement EU act–

(i) significantly differs (in whole or in part) from the content or scope of the EU instrument which it amends or replaces, and

(ii) would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist, and

(b) may have regard to any other matters the Committee considers appropriate.

(3) A decision under sub-paragraph (1) must be made no later than five working days after the day on which the notification is made.

(4) The Committee must publish any decision made in accordance with this paragraph.

(5) A failure to make a decision in accordance with this paragraph is to be treated as a decision not to hold an inquiry or not to continue an inquiry which had already begun, as the case may be.

9

(1) A Committee inquiry held in accordance with paragraph 7 or 8 may consider any matters which the Committee considers appropriate.

(2) In conducting an inquiry, the Committee must seek substantive discussion and engagement with—

(a) His Majesty’s government in the United Kingdom,

(b) a Minister or Northern Ireland department, and

(c) to the extent the Committee considers appropriate, representatives of businesses and civil society affected by the new EU act or replacement EU act (or who would be so affected if the act enters into force).

(3) A Minister or Northern Ireland department must comply with any reasonable request for information made by the Committee which is relevant to an inquiry of that Committee.

10

(1) The Committee must publish a report of the conclusions of an inquiry into a replacement EU act no later than fifteen working days before the end of the scrutiny period that relates to that EU act.

(2) A report issued in accordance with sub-paragraph (1) may include any information which the Committee considers appropriate.

(3) The Committee must also publish the following no later than fifteen working days before the end of the scrutiny period—

(a) minutes of all Committee meetings relevant to the inquiry,

(b) minutes of any discussion or engagement conducted in accordance with paragraph 9(2), and

(c) any other evidence collected in the course of the inquiry (whether or not such evidence was relied upon for the production of any report).

(4) Minutes and evidence published in accordance with sub-paragraph (3) may be subject to such redactions or omissions as the Committee considers appropriate.

PART3 — Procedure by which members of the Assembly may seek to prevent the application of a replacement EU act

11

(1) The process under this Part of this Schedule for members of the Assembly to seek to prevent a replacement EU act from applying under the Framework is initiated if the Presiding Officer is provided with a written notification which gives detailed reasons for seeking to prevent the application of that EU act with reference to the requirements in paragraph 1(c) of the Article 13(3a) declaration.

(2) A notification made under sub-paragraph (1) must be agreed to by no fewer than 30 members of the Assembly and these 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,

but must not include the Presiding Officer or a deputy Presiding Officer.

(3) A notification under this paragraph must be provided to the Presiding Officer no later than ten working days before the end of the scrutiny period.

12

Upon receipt of a notification which satisfies the conditions in paragraph 11(2) and (3), the Presiding Officer must provide that notification to the Secretary of State as soon as possible and no later than nine working days before the end of the scrutiny period.

13

(1) The Presiding Officer must publish a notification provided to the Secretary of State in accordance with paragraph 12.

(2) A notification published in accordance with this paragraph is published under the Assembly’s authority for the purposes of section 50(1)(b).

14

(1) Before the end of the scrutiny period, the Secretary of State must accept a notification if the Secretary of State considers that it meets the requirements in—

(a) paragraphs 11 to 13 of this Schedule,

(b) Article 13(3a) of the Framework, and

(2) In reaching a decision under sub-paragraph (1), the possibility of the European Union taking remedial measures in accordance with Article 13(4) of the Framework is not a relevant consideration.

15

Before the end of the scrutiny period, a Minister of the Crown must give the European Commission written notification in accordance with the Framework of any notification from members of the Assembly which has been accepted by the Secretary of State.

16

(1) If the Secretary of State decides not to accept a notification, the Secretary of State must, without undue delay, provide written reasons to the Presiding Officer as to why it is considered that the requirements set out in paragraph 14(1)(a) to (c) have not been met.

(2) Such a decision does not prevent a separate notification from being made in relation to the same replacement EU act in accordance with this Part of this Schedule.

(3) The Presiding Officer must, as soon as possible, provide any reasons given in accordance with sub-paragraph (1) to the members who have agreed to the notification under paragraph 11.

PART 4 — Ministerial consideration of new EU acts in the Joint Committee

17

In this Part, an “applicability motion”, in relation to the application of a new EU act, means a motion of the Assembly tabled in this form—

“That [x] should be added to the Windsor Framework by the United Kingdom and the European Union within the Joint Committee in accordance with Article 13(4) of that Framework.”

where “[x]” is to be substituted with the title of the new EU act.

18

(1) A Minister of the Crown must not agree to the adoption of a decision by the Joint Committee to add a new EU act to the relevant annex in accordance with Article 13(4) of the Framework unless the Assembly has indicated support for the application of that EU act by passing an applicability motion.

(2) But the Minister of the Crown may agree to the adoption of such a decision if the Minister considers that—

(a) there are exceptional circumstances that justify the adoption of the decision in the absence of an applicability motion having been passed, or

(b) the new EU act would not create a new regulatory border between Great Britain and Northern Ireland.

(3) Before proceeding under sub-paragraph (2), the Minister of the Crown must make a statement to Parliament explaining why the Minister is of the opinion that the condition in either sub-paragraph (2)(a) or (2)(b) is met.

(4) Sub-paragraph (1) does not apply to a new EU act which was the subject of any European Commission proposal of 27 February 2023 relating to the Framework.

(5) In this paragraph—

“exceptional circumstances” includes circumstances in which the Assembly has, as its first business, failed to elect from among its members a Presiding Officer and deputies or there is no First Minister and deputy First Minister in office, and

“a new regulatory border” means regulatory requirements relating to the movement of goods that would—materially divert trade, ormaterially impair the free flow of goods.

19

(1) No applicability motion may be tabled in relation to a new EU act until a notification has been made under sub-paragraph (2) in relation to the same new EU act.

(2) A notification under this paragraph may be made if a new EU act is being considered by the Joint Committee under Article 13(4) of the Framework.

(3) A notification is made under sub-paragraph (2) if His Majesty’s government in the United Kingdom provides the notification to—

(a) the chair of the Committee,

(b) the clerk of the Committee,

(d) the Presiding Officer.

(4) The First Minister and the deputy First Minister acting jointly may table an applicability motion within a period of two weeks beginning with the day on which a notification is made in accordance with sub-paragraph (2).

(5) No other member of the Assembly may table an applicability motion unless the two-week period expires with no such motion having been tabled.

(6) A vote on an applicability motion must be passed with cross-community support and must be passed within a period of five weeks beginning with the day on which the notification referred to in sub-paragraph (2) is made.

(7) If an applicability motion has been tabled, the Presiding Officer must select that motion for debate and a vote in the Assembly no later than the final sitting day of the Assembly before the end of the period referred to in sub-paragraph (6).

(8) A Minister of the Crown may extend any of the time periods referred to in this paragraph by providing written notification of such an extension to the Presiding Officer.

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