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

(5) In subsection (4) “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.

British-Irish Intergovernmental Conference

54

(1) This section applies where excepted or reserved matters relating to Northern Ireland are to be discussed at a meeting of the British-Irish Intergovernmental Conference.

(2) The First Minister and the deputy First Minister acting jointly shall ensure that there is such cross-community attendance by Ministers and junior Ministers at the meeting as is required by the Belfast Agreement.

Implementation bodies

55

(1) The Secretary of State may make an order about any body—

(a) which he considers to be an implementation body; and

(b) which is, or is to be, established on or before the appointed day.

(2) An order under this section may make any such provision as may be made (after the appointed day) by Act of the Assembly and may in particular—

(a) confer on the body the legal capacities of a body corporate;

(b) confer on the body any function which the Secretary of State considers necessary or expedient for the purpose for which it is, or is to be, established;

(c) confer on a Northern Ireland department power to make grants to the body out of money appropriated by Act of the Assembly;

(d) make provision as to the accounting and audit arrangements which are to apply in relation to the body; and

(e) make consequential or supplementary provisions, including provisions amending or repealing any Northern Ireland legislation, or any instrument made under such legislation.

(3) In this section “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.

Civic Forum

56

(1) The First Minister and the deputy First Minister acting jointly shall make arrangements for obtaining from the Forum its views on social, economic and cultural matters.

(2) The arrangements so made shall not take effect until after they have been approved by the Assembly.

(3) The expenses of the Forum shall be defrayed as expenses of the Department of Finance and Personnel.

(4) In this section “the Forum” means the consultative Civic Forum established in pursuance of paragraph 34 of Strand One of the Belfast Agreement by the First Minister and the deputy First Minister acting jointly.

Part VI — Financial Provisions

Consolidated Fund

Consolidated Fund of Northern Ireland

57

(1) The Consolidated Fund of Northern Ireland shall continue to exist.

(2) Sums forming part of the Fund—

(a) shall be appropriated to the public service of Northern Ireland by Act of the Assembly; and

(b) shall not be applied for any purpose for which they are not appropriated.

(3) Subsection (2) is subject to section 59 and to any provision which charges sums on the Fund and is made—

(a) by or under an Act of Parliament; or

(b) by an Act of the Assembly or other Northern Ireland legislation.

Payments into the Fund

58

The Secretary of State shall from time to time make payments into the Consolidated Fund of Northern Ireland out of money provided by Parliament of such amounts as he may determine.

Payments out of Fund without appropriation Act

59

(1) If an Act is not passed at least three working days before the end of a financial year (“year 1”) authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the next financial year (“year 2”)—

(a) the authorised officer of the Department of Finance and Personnel may, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of year 2; and

(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.

(2) The aggregate of the sums issued under subsection (1) for the service of year 2 shall not exceed 75 per cent of the total amount appropriated by Act for the service of year 1.

(3) If an Act is not passed before the end of July in any financial year authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the year—

(a) the authorised officer of the Department of Finance and Personnel may, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of the year; and

(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.

(4) The aggregate of the sums issued under subsection (3), and (where applicable) the sums issued under subsection (1), for the service of any financial year shall not exceed 95 per cent of the total amount appropriated by Act for the service of the preceding financial year.

(5) In this section—

“Act” means an Act of the Assembly or, in relation to any time before the appointed day, an Order in Council under Schedule 1 to the Northern Ireland Act 1974;

“authorised officer”, in relation to the Department of Finance and Personnel, means the Permanent Secretary or such other officer as may be nominated by him for the purpose.

Financial control, accounts and audit

60

(1) In so far as such provision has not been made, an Act of the Assembly or other Northern Ireland legislation shall make provision—

(a) for proper accounts to be prepared by the Northern Ireland departments, and by other persons to whom sums are paid directly out of the Consolidated Fund of Northern Ireland, of their expenditure and receipts;

(b) for the Department of Finance and Personnel to prepare an account of payments into and out of the Fund;

(c) for the Comptroller and Auditor General for Northern Ireland to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2);

(d) for access by persons exercising those functions to such documents as they may reasonably require;

(e) for members of the Northern Ireland Civil Service designated for the purpose to be answerable to the Assembly in respect of the expenditure and receipts of each of the Northern Ireland departments; and

(f) for the publication of accounts prepared in pursuance of paragraphs (a) and (b), and of reports on such accounts, and for the laying of such accounts and reports before the Assembly.

(2) The functions referred to in subsection (1)(c) are—

(a) issuing credits for the payment of sums out of the Fund;

(b) examining accounts prepared in pursuance of subsection (1)(a) and (b) (which includes determining whether sums paid out of the Fund have been paid out and applied in accordance with section 57), and certifying and reporting on them;

(c) carrying out examinations into the economy, efficiency and effectiveness with which the Northern Ireland departments have used their resources in discharging their functions; and

(d) carrying out examinations into the economy, efficiency and effectiveness with which other persons determined under Northern Ireland legislation to whom sums are paid directly out of the Fund have used those sums in discharging their functions.

(3) Standing orders shall make provision for establishing a committee of members of the Assembly to consider accounts, and reports on accounts, laid before the Assembly in pursuance of this section or any other enactment.

(4) Persons (other than the Comptroller and Auditor General for Northern Ireland) charged with the exercise of any function under subsection (2) or other like function conferred by Northern Ireland legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly.

(5) Subsection (2)(b) does not apply to accounts prepared by the Comptroller and Auditor General for Northern Ireland.

Advances

Advances by Secretary of State

61

(1) The Secretary of State may advance to the Department of Finance and Personnel sums required for the purpose of—

(a) meeting a temporary excess of sums to be paid out of the Consolidated Fund of Northern Ireland over sums paid into the Fund; or

(b) providing a working balance in the Fund.

(2) The Treasury may issue to the Secretary of State out of the National Loans Fund any sum which he requires for the making of an advance under this section.

(3) The aggregate at any time outstanding in respect of the principal of sums advanced under this section shall not exceed £250 million.

(4) Sums advanced under this section shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may determine.

(5) Sums received by the Secretary of State under subsection (4) shall be paid into the National Loans Fund.

(6) Amounts required for the repayment of, or the payment of interest on, sums advanced under this section shall be charged on the Consolidated Fund of Northern Ireland.

(7) The Secretary of State may by order, with the consent of the Treasury, substitute for the amount specified in subsection (3) such increased amount as may be specified in the order.

Accounts

62

(1) The Secretary of State shall, for each financial year—

(a) prepare, in such form and manner as the Treasury may direct, an account of sums paid and received by him under section 61; and

(b) send the account to the Comptroller and Auditor General not later than the end of November in the following financial year.

(2) The Comptroller and Auditor General shall—

(a) examine, certify and report on the account; and

(b) lay copies of it and his report before each House of Parliament.

Miscellaneous

Financial acts of the Assembly

63

(1) The Assembly may not pass a vote, resolution or Act to which this subsection applies except in pursuance of a recommendation which—

(a) is made by the Minister of Finance and Personnel; and

(b) is signified to the Assembly by him or on his behalf.

(2) Subsection (1) applies to a vote, resolution or Act which—

(a) imposes or increases a charge on the Consolidated Fund of Northern Ireland;

(b) appropriates a sum out of that Fund or increases a sum to be appropriated;

(d) imposes or increases a tax.

(3) Standing orders shall provide that a vote, resolution or Act which—

(a) appropriates a sum out of the Consolidated Fund of Northern Ireland or increases a sum to be appropriated; or

(b) imposes or increases a tax,

shall not be passed without cross-community support.

Draft budgets

64

(1) The Minister of Finance and Personnel shall, before the beginning of each financial year, lay before the Assembly a draft budget, that is to say, a programme of expenditure proposals for that year which has been agreed by the Executive Committee in accordance with paragraph 20 of Strand One of the Belfast Agreement.

(1A) At least 14 days before laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the amount of UK funding for that year notified to the Minister by the Secretary of State.

(1B) At the same time as laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement showing that the amount of UK funding required by the draft budget does not exceed the amount specified under subsection (1A) for that year.

(1C) Subsection (1D) applies if, after a draft budget for a financial year has been laid before the Assembly, the Secretary of State notifies the Minister of Finance and Personnel that the amount of UK funding for that year has been revised to the amount specified in the notification.

(1D) Before the end of the period of four months beginning with the day on which the notification under subsection (1C) was given, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the revisions to the expenditure proposals which are required in consequence of the notification.

(1E) The amount of UK funding required by the expenditure proposals (taking account of the revisions under subsection (1D)) must not exceed the amount specified in the notification under subsection (1C).

(2) The Assembly may, with cross-community support, approve a draft budget laid before them with or without modification.

(3) In this section references to UK funding, in relation to a financial year, are to funding from such sources as are specified in the notification mentioned in subsection (1A) in relation to that year.

Audit

65

(1) The Comptroller and Auditor General for Northern Ireland shall be appointed by Her Majesty on the nomination of the Assembly.

(2) A recommendation shall not be made to Her Majesty for the removal from office of the Comptroller and Auditor General for Northern Ireland unless—

(a) the Assembly so resolves; and

(b) the resolution is passed with 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) The Comptroller and Auditor General for Northern Ireland shall not, in the exercise of any of his functions, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly; but this subsection does not apply in relation to any function conferred on him of preparing accounts.

(4) The accounts of the Consolidated Fund of Northern Ireland shall be audited by the Comptroller and Auditor General for Northern Ireland in accordance with the Exchequer and Audit Act Northern Ireland) 1921.

(5) Subsection (4) is subject to any provision of an Act of the Assembly or other Northern Ireland legislation.

(6) The Assembly shall not have power under Article 4(1) of the Audit (Northern Ireland) Order 1987 to pass at any time a resolution which reduces the salary payable to a person holding the office of Comptroller and Auditor General for Northern Ireland at that time.

Expenses of Northern Ireland Audit Office

66

(1) Standing orders shall make provision for establishing a committee of members of the Assembly to exercise, in place of the Department of Finance and Personnel, the functions conferred on that Department by Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses of Northern Ireland Audit Office).

(2) No more than one member of the committee established under subsection (3) of section 60 may be a member of the committee established under this section.

(3) The committee established under this section shall, in discharging its functions, have regard to the advice of the committee established under that subsection and of the Department of Finance and Personnel.

Provision of information to Treasury

67

(1) The Treasury may require the Northern Ireland Ministers and departments to provide, within such period as the Treasury may specify, such information, in such form and prepared in such manner, as the Treasury may specify.

(2) If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement.

Part VII — Human Rights and Equal Opportunities

Human rights

The Northern Ireland Human Rights Commission

68

(1) There shall be a body corporate to be known as the Northern Ireland Human Rights Commission.

(2) The Commission shall consist of a Chief Commissioner and other Commissioners appointed by the Secretary of State.

(3) In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.

(4) Schedule 7 (which makes supplementary provision about the Commission) shall have effect.

The Commission’s functions

69

(1) The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights.

(2) The Commission shall, before the end of the period of two years beginning with the commencement of this section, make to the Secretary of State such recommendations as it thinks fit for improving—

(a) its effectiveness;

(b) the adequacy and effectiveness of the functions conferred on it by this Part; and

(3) The Commission shall advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to protect human rights—

(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.

(4) The Commission shall advise the Assembly whether a Bill is compatible with human rights—

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

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

(5) The Commission may—

(a) give assistance to individuals in accordance with section 70; and

(b) bring proceedings involving law or practice relating to the protection of human rights.

(6) The Commission shall promote understanding and awareness of the importance of human rights in Northern Ireland; and for this purpose it may undertake, commission or provide financial or other assistance for—

(a) research; and

(b) educational activities.

(7) The Secretary of State shall request the Commission to provide advice of the kind referred to in paragraph 4 of the Human Rights section of the Belfast Agreement.

(8A) The Commission shall publish a report of its findings on an investigation.

(8) For the purpose of exercising its functions under this section the Commission may conduct such investigations as it considers necessary or expedient.

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

(10) The Commission shall do all that it can to ensure the establishment of the committee referred to in paragraph 10 of that section of that Agreement.

(10A) For functions of the Commission in relation to Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals), see sections 78A to 78E.

(11) In this section—

(a) a reference to the Assembly includes a reference to a committee of the Assembly;

(b) “human rights” includes the Convention rights.

Assistance by Commission

70

(1) This section applies to—

(a) proceedings involving law or practice relating to the protection of human rights which a person in Northern Ireland has commenced, or wishes to commence; or

(b) proceedings in the course of which such a person relies, or wishes to rely, on such law or practice.

(2) Where the person applies to the Northern Ireland Human Rights Commission for assistance in relation to proceedings to which this section applies, the Commission may grant the application 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 the Commission grants an application under subsection (2) it may—

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

(b) arrange for the provision of legal representation;

(4) Arrangements made by the Commission for the provision of assistance to a person may include provision for recovery of expenses from the person in 00certain circumstances.

Restrictions on application of rights

71

(1) Nothing in section 6(2)(c) or 24(1)(a) shall enable a person—

(a) to bring any proceedings in a court or tribunal on the ground that any legislation or act is incompatible with the Convention rights; or

(b) to rely on any of the Convention rights in any such proceedings,

unless he would be a victim for the purposes of article 34 of the Convention if proceedings in respect of the legislation or act were brought in the European Court of Human Rights.

(2) Subsection (1) does not apply to the Attorney General, the Advocate General for Northern Ireland, the Attorney General for Northern Ireland, the Advocate General for Scotland or the Lord Advocate.

(2A) Subsection (1) does not apply to the Commission.

(2B) In relation to the Commission's instituting, or intervening in, proceedings which rely on section 7(1)(b) of the Human Rights Act 1998—

(a) the Commission need not be a victim or potential victim of the unlawful act to which the proceedings relate,

(b) section 7(3) and (4) of the Human Rights Act 1998 (c. 42) (breach of Convention rights: sufficient interest, &c.) shall not apply,

(d) no award of damages may be made to the Commission (whether or not the exception in section 8(3) of that Act applies).

(2C) For the purposes of subsection (2B)—

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

(b) an expression used in subsection (2B) and in section 7 of the Human Rights Act 1998 has the same meaning in subsection (2B) as in section 7.

(3) Section 6(2)(c)—

(a) does not apply to a provision of an Act of the Assembly if the passing of the Act is, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, not unlawful under subsection (1) of that section; and

(b) does not enable a court or tribunal to award in respect of the passing of an Act of the Assembly any damages which it could not award on finding the passing of the Act unlawful under that subsection.

(4) Section 24(1)(a)—

(a) does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, is not unlawful under subsection (1) of that section; and

(b) does not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection.

(5) In this section “the Convention” has the same meaning as in the Human Rights Act 1998.

Standing Advisory Commission on Human Rights: dissolution

72

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

Equality of opportunity

The Equality Commission for Northern Ireland

73

(1) There shall be a body corporate to be known as the Equality Commission for Northern Ireland.

(2) The Commission shall consist of not less than 14 nor more than 20 Commissioners appointed by the Secretary of State.

(3) The Secretary of State shall appoint—

(a) one Commissioner as Chief Commissioner; and

(b) at least one Commissioner as Deputy Chief Commissioner.

(4) In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.

(5) Schedule 8 (which makes supplementary provision about the Commission) shall have effect.

The Commission’s principal functions

74

(1) The functions exercisable by the bodies listed in subsection (2) shall instead be exercisable by the Equality Commission; and the bodies listed are hereby dissolved.

(2) Those bodies are—

(a) the Fair Employment Commission for Northern Ireland;

(b) the Equal Opportunities Commission for Northern Ireland;

(d) the Northern Ireland Disability Council.

(3) In exercising its functions the Equality Commission shall—

(a) aim to secure an appropriate division of resources between the functions previously exercisable by each of the bodies listed in subsection (2); and

(b) have regard to advice offered by a consultative council.

(4) In subsection (3) “consultative council” means a group of persons selected by the Commission to advise in relation to the functions previously exercisable by one of the bodies listed in subsection (2) or in relation to the Commission’s functions under Schedule 9.

(5) The Secretary of State may by order make such supplemental, incidental or consequential provision as appears to him to be appropriate as a result of subsections (1) and (2).

(6) In particular, an order may include provision—

(a) amending an enactment;

(b) for the transfer of rights and liabilities;

(7) For functions of the Commission in relation to Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals), see sections 78A to 78E.

Statutory duty on public authorities

75

(1) A public authority shall in carrying out its functions relating to Northern Ireland have due regard to the need to promote equality of opportunity—

(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;

(b) between men and women generally;

(d) between persons with dependants and persons without.

(2) Without prejudice to its obligations under subsection (1), a public authority shall in carrying out its functions relating to Northern Ireland have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.

(3) In this section “public authority” means—

(a) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation) and designated for the purposes of this section by order made by the Secretary of State;

(b) any authority (other than the Equality Commission, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);

(ba) the Independent Commission for Reconciliation and Information Recovery;

(cc) ... the Chief Constable of the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland;

(cd) the Director of Public Prosecutions for Northern Ireland;

(ce) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(cf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any other person designated for the purposes of this section by order made by the Secretary of State.

(3A) An order under subsection (3)(a) or (d) may provide that the designated department, corporation, body or other person—

(a) is not subject to, or is only subject to, specified obligations under subsection (1) or (2), or

(b) is not subject to, or is only subject to, specified obligations under subsection (1) or (2)—

(i) when exercising a specified function, or

(ii) when exercising a specified function in specified circumstances or for specified purposes.

(3B) In subsection (3A) “specified” means specified in the order.

(4) Schedule 9 (which makes provision for the enforcement of the duties under this section) shall have effect.

(4A) The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations) .

(5) In this section—

“disability” has the same meaning as in the Disability Discrimination Act 1995; and

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

Discrimination by public authorities

76

(1) It shall be unlawful for a public authority carrying out functions relating to Northern Ireland to discriminate, or to aid or incite another person to discriminate, against a person or class of person on the ground of religious belief or political opinion.

(2) An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may—

(a) grant damages;

(b) subject to subsection (3), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.

(3) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (2) only if satisfied that the defendant—

(a) contravened this section on the occasion complained of and on more than one previous occasion; and

(b) is likely to contravene this section again unless restrained by an injunction.

(4) This section does not apply in relation to any act or omission 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.

(5) Subsection (1) applies to the making, confirmation or approval of subordinate legislation only if—

(a) the legislation contains a provision which discriminates against a person or class of person on the ground of religious belief or political opinion; and

(b) the provision extends only to the whole or any part of Northern Ireland.

(6) Where it is alleged that subsection (1) applies to the making, confirmation or approval of subordinate legislation, subsection (2) shall not apply but the contravention may be relied upon in legal proceedings relating to the validity of the subordinate legislation.

(7) The following are public authorities for the purposes of this section—

(a) a Minister of the Crown;

(b) any department, corporation or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation);

(c) any authority (other than a Northern Ireland department, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities);

(ca) the Independent Commission for Reconciliation and Information Recovery;

(e) the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve and the Police Ombudsman for Northern Ireland;

(ea) the Director of Public Prosecutions for Northern Ireland;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(fb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 ) so far as carrying out functions in connection with the provision of a universal postal service (within the meaning of that Part ).

(8) This section does not apply to a decision of the Director of Public Prosecutions for Northern Ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued.

(9) No injunction may be granted in respect of a contravention of this section by the Director of Public Prosecutions for Northern Ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings.

(10) Where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged.

(11) The reference in subsection (1) to the functions of the Director of Public Prosecutions for Northern Ireland does not include any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Unlawful oaths etc

77

(1) Subject to subsections (2) and (3), an authority or body to which this section applies may not require a person to take an oath or make a declaration as a condition of—

(a) being appointed to the authority or body;

(b) acting as a member of the authority or body; or

(2) Subsection (1) shall not prevent a person being required to take an oath, or make a declaration, which is expressly required or authorised by the law in force immediately before this section comes into force.

(3) Subsection (1) shall not prevent a person being required to make a declaration—

(a) of acceptance of office;

(b) that he is qualified to act, serve or be employed in a capacity; or

(3A) Subsection (1) is subject to the requirement in section 40A for a member of the Assembly to give the undertaking set out there.

(4) This section applies to—

(a) the Assembly;

(b) any authority (other than a Northern Ireland department, the board of governors of a grant-aided school, the Comptroller and Auditor General, a general health care provider or an independent provider of health and social care) listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities).

(5) Subsections (1) to (3) apply with the necessary modifications to a Minister and a Northern Ireland department.

(6) An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may—

(a) grant damages;

(b) subject to subsection (7), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.

(7) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (6) only if satisfied that the defendant—

(a) contravened this section on the occasion complained of and on more than one previous occasion; and

(b) is likely to contravene this section again unless restrained by an injunction.

(8) In this section a reference to a declaration includes a reference to any kind of undertaking or affirmation, by whatever name.

Removal of restrictions on investigation into maladministration

78

(1) The provisions mentioned in subsection (2) (which preclude an investigation when the person aggrieved has or had a remedy by way of proceedings in a court of law) shall not apply to an investigation of a complaint alleging maladministration involving—

(a) discrimination, or aiding or inciting any person to discriminate, on the ground of religious belief or political opinion; or

(b) a requirement in contravention of section 77 to take an oath or make a declaration (within the meaning of that section).

(2) The provisions are—

(a) section 5(2)(b) of the Parliamentary Commissioner Act 1967;

(b) section 21(1)(b) of the Public Services Ombudsman Act (Northern Ireland) 2016.

Part VIII — Miscellaneous

Judicial scrutiny

Devolution issues

79

Schedule 10 (which makes provision in relation to devolution issues) shall have effect.

Legislative power to remedy ultra vires acts

80

(1) The Secretary of State may by order make such provision as he considers necessary or expedient in consequence of—

(a) any provision of an Act of the Assembly which is not, or may not be, within the legislative competence of the Assembly; or

(b) any purported exercise by a Minister or Northern Ireland department of his or its functions which is not, or may not be, a valid exercise of those functions.

(2) An order under this section may—

(a) make provision having retrospective effect;

(b) make consequential or supplementary provision, including provision amending or repealing any Northern Ireland legislation, or any instrument made under such legislation;

Powers of courts or tribunals to vary retrospective decisions

81

(1) This section applies where any court or tribunal decides that—

(a) any provision of an Act of the Assembly is not within the legislative competence of the Assembly; or

(b) a Minister or Northern Ireland department does not have the power to make, confirm or approve a provision of subordinate legislation that he or it has purported to make, confirm or approve.

(2) The court or tribunal may make an order—

(a) removing or limiting any retrospective effect of the decision; or

(b) suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.

(3) In deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected.

(4) Where a court or tribunal is considering whether to make an order under this section, it shall order notice of that fact to be given to—

(a) the Attorney General for Northern Ireland; and

(b) where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of Schedule 10), the appropriate authority,

unless the person to whom the notice would be given is a party to the proceedings.

(5) A person to whom notice is given under subsection (4) or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly may take part as a party in the proceedings so far as they relate to the making of the order.

(6) Paragraphs 37 and 38 of Schedule 10 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that Schedule.

(7) In this section “the appropriate authority” means—

(a) in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland and ;

(b) in relation to proceedings in England and Wales, the Attorney General;

The Judicial Committee

82

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

Interpretation of Acts of the Assembly etc

83

(1) This section applies where—

(a) any provision of an Act of the Assembly, or of a Bill for such an Act, could be read either—

(i) in such a way as to be within the legislative competence of the Assembly; or

(ii) in such a way as to be outside that competence; or

(b) any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a Northern Ireland authority could be read either—

(i) in such a way as not to be invalid by reason of section 24 or, as the case may be, section 76; or

(ii) in such a way as to be invalid by reason of that section.

(2) The provision shall be read in the way which makes it within that competence or, as the case may be, does not make it invalid by reason of that section, and shall have effect accordingly.

(3) In this section “Northern Ireland authority” means a Minister, a Northern Ireland department or a public authority (within the meaning of section 76) carrying out functions relating to Northern Ireland.

Power to make provision by Order in Council

Provision with respect to certain matters relating to Northern Ireland

84

(1) Her Majesty may by Order in Council make provision with respect to elections (but not the franchise) and boundaries in respect of district councils in Northern Ireland.

(1A) The power in subsection (1) includes power to make provision with respect to polls at elections for district councillors when they are combined with polls at other elections.

(1B) An Order in Council under subsection (1) 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.

(2) Her Majesty may by Order in Council make such amendments of the law of any part of the United Kingdom as appear to Her Majesty to be necessary or expedient in consequence of any provision made by or under—

(a) Northern Ireland legislation; or

(b) any Act of Parliament passed before this Act in so far as the provision is part of the law of Northern Ireland.

(3) An Order in Council under subsection (1) or (2) may contain such consequential and supplemental provisions as appear to Her Majesty to be necessary or expedient.

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

Provision dealing with certain reserved matters

85

(1) Her Majesty may by Order in Council make provision dealing with any matter falling within a description specified in any of paragraphs 9 to 17 of Schedule 3 (a “relevant matter”), including—

(a) provision having retrospective effect;

(b) provision for the delegation of functions;

(c) provision amending or repealing any provision made by or under any Act of Parliament or Northern Ireland legislation.

(2) An Order in Council under this section may—

(a) make provision ancillary to provisions (whether in the Order or previously enacted) which deal with any relevant matter;

(b) make such consequential, incidental, supplemental, or transitional provision as appears to Her Majesty to be necessary or expedient.

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

(4) No draft may be laid under subsection (3) unless—

(a) the Secretary of State has laid before Parliament a document which contains a draft of the proposed Order;

(b) the Secretary of State has referred the document to the Assembly for its consideration; and

(5) The Assembly may report to the Secretary of State the views expressed in the Assembly on the proposed Order and shall do so if the Secretary of State so requests.

(6) The draft laid under subsection (3) must be accompanied—

(a) if representations have been made during the period mentioned in subsection (4), by a statement containing a summary of the representations;

(b) if a report has been made to the Secretary of State under subsection (5) during that period, by a copy of the report; and

(c) if, as a result of any representations or report so made, the proposed Order has been changed, by a statement containing details of the changes.

(7) Subsection (3) does not apply to an Order in Council which declares that it has been made to appear to Her Majesty that by reason of urgency the Order requires to be made without a draft having been approved as mentioned in that subsection.

(8) Where an Order in Council contains a declaration such as is mentioned in subsection (7)—

(a) the Order shall be laid before Parliament after being made; and

(b) if at the end of the period of 40 days after the date on which the Order is made it has not been approved by resolution of each House, it shall then cease to have effect (but without prejudice to anything previously done under it or to the making of a new Order).

(9) In reckoning the periods mentioned in subsections (4) and (8), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10) References to Acts of the Assembly in any enactment or instrument shall, so far as the context permits, be deemed to include references to Orders in Council under this section.

(11) Orders in Council under this section may be omitted from any annual edition of statutory instruments made by virtue of section 8 of the Statutory Instruments Act 1946.

(12) In this section “representations” means representations about a proposed Order in Council under this section made to the Secretary of State and includes—

(a) any relevant resolution of either House of Parliament or of the Assembly; and

(b) any relevant report or resolution of any committee of either House of Parliament or of the Assembly.

Provision for purposes consequential on Act etc

86

(1) Her Majesty may by Order in Council make such provision, including provision amending the law of any part of the United Kingdom, as appears to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, this Act or any Order under section 4 or 6.

(2) Orders under subsection (1) may make provision for transferring to a United Kingdom authority, with effect from any date specified in the Order—

(a) any functions which immediately before that date are exercisable by a Northern Ireland authority and appear to Her Majesty to be concerned with a matter which is an excepted or reserved matter other than by virtue of an Order under section 4;

(b) any functions which immediately before that date are exercisable by a Northern Ireland authority and appear to Her Majesty not to be exercisable in or as regards Northern Ireland by virtue of an Order under section 6.

(3) Orders under subsection (1) may make provision for transferring to a Northern Ireland authority, with effect from any date specified in the Order—

(a) any functions which immediately before that date are exercisable by a United Kingdom authority and appear to Her Majesty to be concerned with a matter which is a transferred matter other than by virtue of an Order under section 4;

(b) any functions which immediately before that date are exercisable by a United Kingdom authority and appear to Her Majesty to be exercisable in or as regards Northern Ireland by virtue of an Order under section 6.

(3A) An Order under subsection (1) in relation to an Order under section 4 may make provision doing any of the following—

(a) transferring to a United Kingdom authority, with effect from any date specified in the Order under subsection (1), any function which immediately before that date is exercisable by a Northern Ireland authority;

(b) transferring to a Northern Ireland authority, with effect from any date specified in the Order under subsection (1), any function which immediately before that date is exercisable by a United Kingdom authority;

(d) removing a function from a United Kingdom authority or a Northern Ireland authority.

(4) An Order under subsection (1) may make provision, to such extent as may appear to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, this Act or any Order under section 4 or 6—

(a) for transferring or apportioning any property, rights or liabilities;

(b) for substituting any authority for any other authority in any charter, contract or other document or in any legal proceedings;

(5) Where such provision as is mentioned in subsection (3)(b) has been made by Order in Council under subsection (1), Her Majesty may, if it appears to Her necessary or expedient to do so, by Order in Council—

(a) provide that the functions transferred to the Northern Ireland authority shall be exercisable by a United Kingdom authority, either alone or concurrently with the Northern Ireland authority; and

(b) make such provision as is mentioned in subsection (4)(a) to (c).

(6) No recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(7) In this section “Northern Ireland authority” means—

(a) a Minister or a Northern Ireland department;

(b) the Comptroller and Auditor General for Northern Ireland; or

(8) In this section “United Kingdom authority” means—

(a) the Privy Council;

(b) any Minister of the Crown;

(d) the Commissioners of Inland Revenue;

(e) the Commissioners of Customs and Excise;

(f) the Comptroller and Auditor General; or

(g) any other public body or holder of public office in the United Kingdom.

Consultation and co-ordination

87

(1) The Secretary of State and the Northern Ireland Minister having responsibility for social security (“the Northern Ireland Minister”) shall from time to time consult one another with a view to securing that, to the extent agreed between them, the legislation to which this section applies provides single systems of social security, child support and pensions for the United Kingdom.

(2) Without prejudice to section 28, the Secretary of State with the consent of the Treasury, and the Northern Ireland Minister with the consent of the Department of Finance and Personnel, may make—

(a) arrangements for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides single systems of social security, child support and pensions for the United Kingdom; and

(b) reciprocal arrangements for co-ordinating the operation of so much of the legislation as operates differently in relation to Great Britain and in relation to Northern Ireland.

(3) Such arrangements as are mentioned in subsection (2)(a) or (b) may include provision for making any necessary financial adjustments, other than adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund.

(4) The Secretary of State may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide—

(a) for adapting legislation (including subordinate legislation) for the time being in force in Great Britain;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Northern Ireland have a corresponding effect in relation to Great Britain (but not so as to confer any double benefit); and

(c) for determining, in cases where rights accrue both in relation to Great Britain and in relation to Northern Ireland, which of those rights shall be available to the person concerned.

(5) The Northern Ireland department having responsibility for social security may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide—

(a) for adapting legislation (including subordinate legislation) for the time being in force in Northern Ireland;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Great Britain have a corresponding effect in relation to Northern Ireland (but not so as to confer any double benefit); and

(c) for determining, in cases where rights accrue both in relation to Northern Ireland and in relation to Great Britain, which of those rights shall be available to the person concerned.

(6) This section applies to—

(a) the Social Security Contributions and Benefits Act 1992 and the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(b) the Social Security Administration Act 1992 and the Social Security Administration (Northern Ireland) Act 1992;

(d) the Social Security Pensions Act 1975 and the Social Security Pensions (Northern Ireland) Order 1975;

(e) the Social Security Act 1989 and the Social Security (Northern Ireland) Order 1989;

(f) the Disability (Grants) Act 1993;

(g) the Pension Schemes Act 1993 and the Pensions Schemes (Northern Ireland) Act 1993;

(h) the Social Security (Incapacity for Work) Act 1994 and the Social Security (Incapacity for Work) (Northern Ireland) Order 1994;

(i) the Jobseekers Act 1995 and the Jobseekers (Northern Ireland) Order 1995;

(j) the Pensions Act 1995 and the Pensions (Northern Ireland) Order 1995;

(k) the Child Support Act 1995 and the Child Support (Northern Ireland) Order 1995;

(l) the Social Security (Recovery of Benefits) Act 1997 and the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997;

(m) the Social Security Act 1998 and the Social Security (Northern Ireland) Order 1998.

(n) the Welfare Reform and Pensions Act 1999 and the Welfare Reform and Pensions (Northern Ireland) Order 1999

(o) the Child Support, Pensions and Social Security Act 2000 and the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(p) the Social Security Fraud Act 2001 and the Social Security Fraud Act (Northern Ireland) 2001

(q) the State Pension Credit Act 2002 and the State Pension Credit Act (Northern Ireland) 2002

(r) the Age-Related Payments Act 2004 and the Age-Related Payments (Northern Ireland) Order 2004;

(s) the Pensions Act 2004 and the Pensions (Northern Ireland) Order 2005

(t) the Welfare Reform Act 2007 and the Welfare Reform Act (Northern Ireland) 2007;

(u) the Pensions Act 2007 and the Pensions Act (Northern Ireland) 2008

(v) the Child Maintenance and Other Payments Act 2008, the Mesothelioma, etc., Act (Northern Ireland) 2008, and the Child Maintenance Act (Northern Ireland) 2008;

(w) the Pensions Act 2008 and the Pensions (No. 2) Act (Northern Ireland) 2008.

(x) the Welfare Reform Act 2012 and the Welfare Reform (Northern Ireland) Order 2015;

(y) the Pensions Act 2014 and the Pensions Act (Northern Ireland) 2015;

(z) the Pension Schemes Act 2015 and the Pension Schemes Act (Northern Ireland) 2016.

(6A) But this section does not apply to the legislation referred to in subsection (6) to the extent that it relates to child benefit or guardian’s allowance.

(7) Her Majesty may by Order in Council make any modifications of subsection (6) which She considers necessary or expedient.

(8) The following provisions (which are superseded by this section and section 88) shall cease to have effect—

(a) sections 177 and 178 of the Social Security Administration Act 1992 (co-ordination and reciprocity with Northern Ireland);

(b) sections 153 and 154 of the Social Security Administration (Northern Ireland) Act 1992 (co-ordination and reciprocity with Great Britain);

(d) Article 49(2) and (3) of the Child Support (Northern Ireland) Order 1991 (co-ordination with Great Britain);

(e) section 29(2) to (4) of the Child Support Act 1995 (co-ordination with Northern Ireland);

(f) Article 20 of the Child Support (Northern Ireland) Order 1995 (co-ordination with Great Britain).

(9) Section 189 of the Social Security Administration Act 1992 (regulations and orders: general) shall apply in relation to the power conferred by subsection (4) as it applied in relation to the power conferred by section 177(4) of that Act.

(10) The power conferred by subsection (5) shall be construed as if it had been conferred by an Act of the Assembly; and section 165 of the Social Security Administration (Northern Ireland) Act 1992 (regulations and orders: general) shall apply in relation to that power as it applied in relation to the power conferred by section 153(3) of that Act.

(11) A statutory instrument containing an Order in Council under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Joint Authority

88

(1) The Joint Authority continued in being by section 177(2) of the Social Security Administration Act 1992—

(a) shall consist of the Secretary of State, the Northern Ireland Minister having responsibility for social security and the Chancellor of the Exchequer; and

(b) shall continue in being by the name of the Social Security, Child Support and Pensions Joint Authority for the purposes of the legislation to which section 87 applies.

(2) The responsibility of the Joint Authority shall include that of giving effect to arrangements under section 87(2), with power to discharge such functions as may be provided under the arrangements.

(3) The Joint Authority shall also have power—

(a) to require the making by the Commissioners of Inland Revenue of any necessary adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund, and

(b) to make any other necessary financial adjustments.

(4) The Joint Authority shall continue—

(a) to be a body corporate; and

(b) to have an official seal which shall be officially and judicially noticed;

and the seal of the Authority may be authenticated by any member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary.

(5) Any member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority.

(6) The Documentary Evidence Act 1868 shall apply to the Joint Authority as if the Authority were included in the first column of the Schedule to that Act and—

(a) as if any member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule; and

(b) as if the regulations referred to in that Act included any document issued by the Authority.

Industrial Injuries Advisory Council

89

(1) For subsection (1) of section 149 of the Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee) substitute—

(1) The Department may from time to time— (a) refer to the Social Security Advisory Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as the Department thinks fit (including questions as to the advisability of amending any of them); (b) refer to the Industrial Injuries Advisory Council for consideration and advice such questions as the Department thinks fit relating to industrial injuries benefit or its administration.

(2) After subsection (2) of that section insert—

(2A) Subject— (a) to subsection (3) below; and (b) to section 150 below, where the Department proposes to make regulations relating only to industrial injuries benefit or its administration, it shall refer the proposals, in the form of draft regulations or otherwise, to the Industrial Injuries Advisory Council for consideration and advice.

(3) At the end of subsection (3) of that section insert “ ; and subsection (2A) above does not apply to the regulations specified in Schedule 5A to this Act ”.

(4) After that subsection insert—

(3A) The Industrial Injuries Advisory Council may also give advice to the Department on any other matter relating to industrial injuries benefit or its administration.

(5) In subsections (1), (2) and (5) of section 150 of that Act (cases in which consultation not required), after “the Committee”, in each place, insert “ or the Council ”.

(6) In subsection (3) of that section—

(a) after “the Committee”, in the first place, insert “ or the Council ”; and

(b) after “the Committee has made its report” insert “ or, as the case may be, the Council has given its advice ”.

(7) In subsection (6) of that section, after the definition of “the Committee” insert—

“the Council” means the Industrial Injuries Advisory Council;

(8) After Schedule 5 to that Act insert—

SCHEDULE 5A (1) Regulations under section 120(1)(b) of the Contributions and Benefits Act. (2) Regulations which state that they contain only provisions in consequence of an order under section 129 or 132 above. (3) Regulations made within a period of 6 months from the passing of any Act passed after this Act and directed to be construed as one with this Act, where— (a) the regulations state that they contain only regulations to make provision consequential on the passing of the Act; and (b) the Act does not exclude this paragraph in respect of the regulations; and in this paragraph “Act” includes an Act of the Northern Ireland Assembly. (4) Regulations which state that they contain only regulations making with respect to industrial injuries benefit or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration. (5) Regulations which state that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration. (6) Regulations made for the purpose only of consolidating other regulations revoked by them. (7) Regulations making only provision corresponding to provision contained in regulations made by the Secretary of State or the Lord Chancellor in relation to Great Britain.

(9) In section 192(5) of the Social Security Administration Act 1992, after the entry relating to section 170 (with Schedule 5) insert— “ section 171 (with Schedule 6); ”.

Discrimination: certificates by Secretary of State

Effect of certificates

90

(1) This section applies where in any proceedings—

(a) a person claims that an act discriminated against him in contravention of section 24 or 76; and

(b) the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying—

(i) that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and

(ii) that the doing of the act was justified by that purpose.

(2) The claimant may, in accordance with rules made under section 91 , appeal against the certificate to the Tribunal, that is to say, the tribunal established under section 91.

(3) If on an appeal under subsection (2) the Tribunal determines—

(a) that the act specified in the certificate was done for the certified purpose; and

(b) that the doing of the act was justified by that purpose,

the Tribunal shall uphold the certificate; in any other case, the Tribunal shall quash the certificate.

(4) If—

(a) the claimant does not appeal against the certificate; or

(b) the certificate is upheld on appeal,

the certificate shall be conclusive evidence of the matters certified by it.

(5) In this section “act” does not include the making, confirmation or approval of a provision of subordinate legislation.

The Tribunal

91

(1) There shall be a tribunal in relation to which Schedule 11 shall have effect.

(2) The Lord Chancellor may , after consultation with the Lord Chief Justice of Northern Ireland, make rules—

(a) for regulating the exercise of rights of appeal to the Tribunal;

(b) for prescribing the practice and procedure to be followed on or in connection with appeals to the Tribunal, including the mode and burden of proof and admissibility of evidence on such appeals; and

(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(3) Rules under this section may provide that—

(a) a party to any proceedings before the Tribunal on an appeal; and

(b) where the Secretary of State is not party to any such proceedings, the Secretary of State,

has the right to be legally represented in the proceedings, subject to any power conferred on the Tribunal by such rules.

(4) Rules under this section may, in particular—

(a) make provision enabling proceedings before the Tribunal to take place without a party being given full particulars of the reasons for the issue of the certificate which is the subject of the appeal;

(b) make provision enabling the Tribunal to hold proceedings in the absence of any person, including a party and any legal representative appointed by a party;

(d) make provision enabling the Tribunal to give a party a summary of any evidence taken in his absence.

(5) Rules under this section may also include provision—

(a) enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal to be performed by a single member of the Tribunal; or

(b) conferring on the Tribunal such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.

(6) In making rules under this section, the Lord Chancellor shall have regard, in particular, to—

(a) the need to secure that certificates which are the subject of appeals are properly reviewed; and

(b) the need to secure that information is not disclosed contrary to the public interest.

(7) The Advocate General for Northern Ireland may appoint a person to represent the interests of a party to proceedings before the Tribunal in any proceedings from which he and any legal representative of his are excluded.

(8) A person appointed under subsection (7)—

(a) shall be a member of the Bar of Northern Ireland;

(b) shall not be responsible to the party whose interests he represents.

(9) In this section and section 92 “party”, in relation to proceedings on appeal, means the appellant or the person proposing to rely on the certificate which is the subject of the appeal.

Appeals from the Tribunal

92

(1) Where the Tribunal has determined an appeal under section 90—

(a) any party to the appeal; or

(b) where the Secretary of State was not a party to the appeal, the Secretary of State,

may bring a further appeal to the Court of Appeal in Northern Ireland on any question of law material to the Tribunal’s determination.

(2) An appeal under this section may be brought only with the leave of the Tribunal or, if such leave is refused, with the leave of the Court of Appeal in Northern Ireland.

(3) The Lord Chancellor may , after consultation with the Lord Chief Justice of Northern Ireland, make rules regulating, and prescribing the procedure to be followed on, applications to the Tribunal for leave to appeal under this section.

(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(4) Rules under this section may include provision enabling an application for leave to appeal to be heard by a single member of the Tribunal.

Miscellaneous

Parliament Buildings etc

93

(1) Subject to subsection (2), property in relation to which section 31(4) of the Northern Ireland Constitution Act 1973 had effect (property held in trust for Parliament of Northern Ireland etc.) shall on and after the commencement of this section be applied for the purposes of the Assembly or such other purposes as the Department of the Environment (“the Department”) may determine.

(2) The Secretary of State may require the Department to make available to him in any premises comprised in the property mentioned in subsection (1) (other than the Parliament Buildings at Stormont) such accommodation and facilities as he may specify.

(3) The Secretary of State shall in consideration of the use of any such accommodation and facilities make to the Department such payments out of money provided by Parliament as he and the Department may agree.

(4) In so far as any of the property mentioned in subsection (1) was not immediately before the commencement of this section vested in the Department it shall vest in the Department at that commencement; and subsections (1) and (2) shall have effect notwithstanding anything in any deed or other instrument relating to the property to which those subsections apply.

Land purchase annuities etc

94

(1) Subject to subsection (2), land purchase annuities shall be collected by the Department of Agriculture and paid into the Consolidated Fund of Northern Ireland.

(2) A land purchase annuity may be extinguished by, or redeemed with the agreement of, the Department of Agriculture.

(3) The Irish Land Purchase Fund shall be wound up and the money standing to its credit shall be paid into the Consolidated Fund of the United Kingdom.

(4) In this section “land purchase annuities” means annuities for the repayment of advances made under any enactment relating to land purchase in Northern Ireland.

Part IX — Supplemental

Savings for existing laws

95

(1) Except so far as otherwise provided by or under this Act, nothing in this Act shall affect the operation in or in relation to Northern Ireland of any law in force on the appointed day or passed or made before that day, including in particular Orders in Council made under—

(a) section 69 of the Government of Ireland Act 1920;

(b) section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972;

(d) Schedule 1 to the Northern Ireland Act 1974.

(2) The laws continued by section 61 of the Government of Ireland Act 1920 shall continue to have effect to the extent provided for by that section (but with any modification necessary for adapting them to this Act).

(3) No law made by the Assembly shall have effect so as to prejudice or diminish the rights or privileges of any pensioned officer of a local authority under the provisions of the Local Government (Ireland) Acts 1898 to 1919.

(4) No provision of this Act shall—

(a) affect the operation before the coming into force of that provision of any Northern Ireland legislation; or

(b) render unlawful anything required or authorised to be done by any Act of Parliament, whenever passed.

(5) Schedule 12 (which provides for the construction of certain references in existing laws) shall have effect, but subject to any provision made by or under this Act or by any Act of the Assembly.

Orders and regulations

96

(1) An order under section 17(4), 25, 26, 27, 31(3) or (6), 38(6), 72(2) or 74(5) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) An order under section 4(6),31(2), 34(4), 35(1), 55, 69C(12), 75(3)(a) or (d) or 80 or Schedule 1—

(a) shall be made by statutory instrument; and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(2A) Paragraph (b) of subsection (2) does not apply to an order under section 31(2) if the order declares that the Secretary of State considers it to be expedient for the order to be made without the approval mentioned in that paragraph.

(2B) An order containing a declaration under subsection (2A)—

(a) shall be laid before Parliament after being made; and

(b) shall cease to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 28 days beginning with the date on which it is made.

(2C) Subsection (2B)(b) does not prejudice the making of a new order.

(2D) In calculating the period of 28 days mentioned in subsection (2B)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(3) Regulations under section 87(4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(4) An order under section 61(7)—

(a) shall be made by statutory instrument; and

(b) shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

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

(4B) The powers to make regulations under sections 78F, 78Q and 78U are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(4C) Regulations may not be made under section 78F, 78Q or 78U unless a draft of the regulations has been laid before and approved by resolution of the Assembly.

(5) Regulations under section 87(5) shall be subject to negative resolution (within the meaning given by section 41(6) of the Interpretation Act Northern Ireland) 1954).

(6) Rules under section 91 or 92—

(a) shall be made by statutory instrument; and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Financial provision

97

Any expenditure of the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.

Interpretation

98

(1) In this Act—

“the appointed day” has the meaning given by section 3(1);

“the Assembly” has the meaning given by section 4(5);

“the Belfast Agreement” means the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883;

“the Convention rights” has the same meaning as in the Human Rights Act 1998;

“cross-community support” has the meaning given by section 4(5);

“designated Nationalist” and “designated Unionist” have the meanings given by section 4(5);

“document” includes anything in which information is recorded in any form;

“enactment” includes any provision of this Act and any provision of, or of any instrument made under, Northern Ireland legislation;

“excepted matter” has the meaning given by section 4(1);

“financial year”, unless the context otherwise requires, means a year ending with 31st March;

“functions” includes powers and duties, and “confer”, in relation to functions, includes impose;

“international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement ... the Convention rights;

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

“Minister”, unless the context otherwise requires, has the meaning given by section 7(3);

“Minister of the Crown” includes the Treasury;

“modify”, in relation to an enactment, includes amend or repeal;

“The New Decade, New Approach Deal” means the deal to restore devolved government in Northern Ireland published by that name in January 2020;

“Northern Ireland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland;

“Northern Ireland legislation” means—Acts of the Parliament of Ireland;Acts of the Parliament of Northern Ireland;Orders in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972;Measures of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973;Orders in Council under Schedule 1 to the Northern Ireland Act 1974;Acts of the Assembly; andOrders in Council under section 85;

“the Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland;

“the pledge of office” has the meaning given by section 16C(14);

“political opinion” and “religious belief” shall be construed in accordance with Article 2(3) and (4) of the Fair Employment and Treatment (Northern Ireland) Order 1998;

“proceedings”, in relation to the Assembly, includes proceedings of any committee;

“property” includes rights and interests of any description;

“reserved matter” has the meaning given by section 4(1);

“the St Andrews Agreement” means the agreement reached on 13 October 2006 at multi-party talks on Northern Ireland held at St Andrews;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under Northern Ireland legislation;

“transferred matter” has the meaning given by section 4(1).

(2) For the purposes of this Act, a provision of any enactment, Bill or subordinate legislation deals with the matter, or each of the matters, which it affects otherwise than incidentally.

(3) For the purposes of this Act, a provision of any Act or Bill which modifies a provision of—

(a) the Agricultural Wages (Regulation) (Northern Ireland) Order 1977;

(b) the Employment Rights (Northern Ireland) Order 1996; or

which is amended or applied by or under the National Minimum Wage Act 1998 shall not be treated as dealing with a matter falling within the subject-matter of that Act if the modification affects the national minimum wage and other employment matters in the same way.

(4) For the purposes of this Act, a provision of an Act of the Assembly or of subordinate legislation discriminates against any person or class of persons if it treats that person or that class less favourably in any circumstances than other persons are treated in those circumstances by the law for the time being in force in Northern Ireland.

(5) For those purposes a person discriminates against another person or a class of persons if he treats that other person or that class less favourably in any circumstances than he treats or would treat other persons in those circumstances.

(6) No provision of an Act of the Assembly or of subordinate legislation, and no making, confirmation or approval of a provision of subordinate legislation, shall be treated for the purposes of this Act as discriminating if the provision has the effect of safeguarding national security or protecting public safety or public order.

(7) No other act done by any person shall be treated for the purposes of this Act as discriminating if—

(a) the act is done for the purpose of safeguarding national security or protecting public safety or public order; and

(b) the doing of the act is justified by that purpose.

(8) Her Majesty may by Order in Council determine, or make provision for determining, for such purposes of this Act as may be specified, any boundary between—

(a) the waters or parts of the sea which are to be treated as adjacent to Northern Ireland; and

(b) those which are not,

and may make different determinations or provisions for different purposes.

(9) No recommendation shall be made to Her Majesty to make an Order in Council under subsection (8) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

Minor and consequential amendments

99

The enactments mentioned in Schedule 13 shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

Transitional provisions, savings and repeals

100

(1) The transitional provisions and savings contained in Schedule 14 shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 15, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title and commencement

101

(1) This Act may be cited as the Northern Ireland Act 1998.

(2) The following provisions shall come into force on the day on which this Act is passed—

(a) sections 3, 55, 86, 93, 96 and 98;

(b) paragraph 20 of Schedule 13 and section 99 so far as relating to that paragraph;

(c) in Schedule 15, the repeal of section 31(4) to (6) of the Northern Ireland Constitution Act 1973 and section 100(2) so far as relating to that repeal; and

(d) this section.

(3) The remaining provisions of this Act (except Parts II and III) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

SCHEDULE 1

1

The Secretary of State may by order direct the holding of a poll for the purposes of section 1 on a date specified in the order.

2

Subject to paragraph 3, the Secretary of State shall exercise the power under paragraph 1 if at any time it appears likely to him that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland.

3

The Secretary of State shall not make an order under paragraph 1 earlier than seven years after the holding of a previous poll under this Schedule.

4

(1) An order under this Schedule directing the holding of a poll shall specify—

(a) the persons entitled to vote; and

(b) the question or questions to be asked.

(2) An order—

(a) may include any other provision about the poll which the Secretary of State thinks expedient (including the creation of criminal offences); and

(b) may apply (with or without modification) any provision of, or made under, any enactment.

SCHEDULE 2

1

The Crown, including the succession to the Crown and a regency, but not—

(a) functions of the First Minister and deputy First Minister, the Northern Ireland Ministers or the Northern Ireland departments, or functions in relation to Northern Ireland of any Minister of the Crown;

(b) property belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police);

(c) the foreshore or the sea bed or subsoil or their natural resources so far as vested in Her Majesty in right of the Crown.

2

The Parliament of the United Kingdom; parliamentary elections, including the franchise; disqualifications for membership of that Parliament.

3

International relations, including relations with territories outside the United Kingdom, the European Union (and their institutions) and other international organisations and extradition , and international development assistance and co-operation, but not—

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

(aa) co-operation between the Police Service of Northern Ireland and the Garda Síochána with respect to any of the following matters—

(i) transfers, secondments, exchanges or training of officers;

(ii) communications (including liaison and information technology);

(iii) joint investigations;

(iv) disaster planning;

(b) the exercise of legislative powers so far as required for giving effect to any agreement or arrangement entered into—

(i) 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; or

(ii) by, or in relation to the activities of, any body established for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council;

In this paragraph “the Human Rights Convention” means the following as they have effect for the time being in relation to the United Kingdom—

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Northern Ireland Act 1998

British-Irish Intergovernmental Conference

54

Implementation bodies

55

Civic Forum

56

Part VI — Financial Provisions

Consolidated Fund

Consolidated Fund of Northern Ireland

57

Payments into the Fund

58

Payments out of Fund without appropriation Act

59

Financial control, accounts and audit

60

Advances

Advances by Secretary of State

61

Accounts

62

Miscellaneous

Financial acts of the Assembly

63

Draft budgets

64

Audit

65

Expenses of Northern Ireland Audit Office

66

Provision of information to Treasury

67

Part VII — Human Rights and Equal Opportunities

Human rights

The Northern Ireland Human Rights Commission

68

The Commission’s functions

69

Assistance by Commission

70

Restrictions on application of rights

71

Standing Advisory Commission on Human Rights: dissolution

72

Equality of opportunity

The Equality Commission for Northern Ireland

73

The Commission’s principal functions

74

Statutory duty on public authorities

75

Discrimination by public authorities

76

Unlawful oaths etc

77

Removal of restrictions on investigation into maladministration

78

Part VIII — Miscellaneous

Judicial scrutiny

Devolution issues

79

Legislative power to remedy ultra vires acts

80

Powers of courts or tribunals to vary retrospective decisions

81

The Judicial Committee

82

Interpretation of Acts of the Assembly etc

83

Power to make provision by Order in Council

Provision with respect to certain matters relating to Northern Ireland

84

Provision dealing with certain reserved matters

85

Provision for purposes consequential on Act etc

86

Social security, child support and pensions

Consultation and co-ordination

87