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

(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—

(a) the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950; and

(b) any Protocols to that Convention which have been ratified by the United Kingdom.

4

The defence of the realm; trading with the enemy; the armed forces of the Crown but not any matter within paragraph 10 of Schedule 3; war pensions; the Ministry of Defence Police.

5

Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

6

Dignities and titles of honour.

7

Treason but not powers of arrest or criminal procedure.

8

Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.

9

The following matters—

(a) taxes or duties under any law applying to the United Kingdom as a whole;

(b) stamp duty levied in Northern Ireland before the appointed day; and

10

The following matters—

(a) national insurance contributions;

(b) the control and management of the Northern Ireland National Insurance Fund and payments into and out of that Fund;

(d) national insurance rebates;

(e) payments out of public money to money purchase pension schemes;

(f) contributions equivalent premiums;

(g) rights to return to the state pension scheme.

Sub-paragraph (a) includes the determination, payment, collection and return of national insurance contributions and matters incidental to those matters.

Sub-paragraph (b) does not include payments out of the Northern Ireland National Insurance Fund which relate to—

(i) the benefits mentioned in section 143(1) of the Social Security Administration (Northern Ireland) Act 1992, or benefits substantially of the same character as those benefits; or

(ii) administrative expenses incurred in connection with matters not falling within sub-paragraphs (a) to (g).

Sub-paragraphs (b) and (e) do not include payments out of or into the Northern Ireland National Insurance Fund under—

(i) section 172(1)(b), (2)(a) or (7)(c) of the Pension Schemes (Northern Ireland) Act 1993; or

(ii) Article 202, 227, 234 or 252 of the Employment Rights (Northern Ireland) Order 1996.

In this paragraph “contributions equivalent premium” has the meaning given by section 51(2) of the Pension Schemes (Northern Ireland) Act 1993.

11

The determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) of judges of the Court of Judicature of Northern Ireland, holders of offices listed in column 1 of Schedule 3 to the Judicature (Northern Ireland) Act 1978, county court judges, recorders, resident magistrates, ... coroners, the Chief and other Social Security Commissioners for Northern Ireland and the Chief and other Child Support Commissioners for Northern Ireland .

12

(1) Elections, including the franchise, in respect of the Northern Ireland Assembly ... and district councils.

(2) This paragraph does not apply to—

(a) the division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts,

(b) the determination of the names of district electoral areas, or

(c) the determination of the number of councillors to be elected for a district electoral area or a local government district.

13

The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies).

14

Coinage, legal tender and bank notes.

15

The National Savings Bank.

16

The subject-matter of the Protection of Trading Interests Act 1980.

17

National security (including the Security Service, the Secret Intelligence Service and the Government Communications Headquarters); special powers and other provisions for dealing with terrorism or subversion; the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016; the subject-matter of—

(a) the Official Secrets Acts 1911 and 1920;

(b) the subject-matter of sections 3 to 10, Schedule 1, Part 2 and Chapter 1 of Part 6 of the Investigatory Powers Act 2016, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act);

(c) the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.

18

Nuclear energy and nuclear installations, including nuclear safety, security and safeguards, and liability for nuclear occurrences, but not the subject-matter of—

(a) section 3(5) to (7) of the Environmental Protection Act 1990 (emission limits); or

(b) the Radioactive Substances Act 1993.

19

Regulation of sea fishing outside the Northern Ireland zone (except in relation to Northern Ireland fishing boats).

20

Regulation of activities in outer space.

21

Any matter with which a provision of the Northern Ireland Constitution Act 1973, other than section 36(1)(c), solely or mainly deals.

22

Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—

(a) Parts I and II;

(b) Part III except sections 19, 20, 22, 23(2) to (4) , 28, 28A, 28B, 28D and 28E ;

(d) in Part V, sections 52A to 52C and 54;

(e) Part VI except sections 57(1) and 67;

(f) in Part VII, sections 69B, 71(1) and (2) and (3) to (5), 74(5) and (6), 76 and 78;

(g) in Part VIII, sections 79 to 83 and Schedule 10.

This paragraph does not apply to—

(i) any matter in respect of which it is stated by this Act that provision may be made by Act of the Assembly;

(ii) any matter to which a description specified in this Schedule or Schedule 3 is stated not to apply; or

(iii) any matter falling within a description specified in Schedule 3.

SCHEDULE 3

1

The conferral of functions in relation to Northern Ireland on any Minister of the Crown apart from the Advocate General for Northern Ireland .

2

Property belonging to Her Majesty in right of the Crown or belonging to a department of the Government of the United Kingdom or held in trust for Her Majesty for the purposes of such a department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police).

3

Navigation, including merchant shipping, but not harbours or inland waters.

4

Civil aviation but not aerodromes.

5

The foreshore and the sea bed and subsoil and their natural resources (except so far as affecting harbours); submarine pipe-lines; submarine cables, including any land line used solely for the purpose of connecting one submarine cable with another.

6

Domicile.

7

The subject-matter of the Postal Services Act 2000.

This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices.

In this paragraph “postal services” and “public post offices” have the same meanings as in the Postal Services Act 2000.

8

Disqualification for membership of the Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 50.

9

(1) The following matters—

(a) the subject-matter of Parts 2 and 3 of the Regulation of Investigatory Powers Act 2000, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;

(aa) the subject-matter of the following provisions of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of serious crime (within the meaning of that Act)—

(i) sections 3 to 10 and Schedule 1,

(ii) Part 2, and

(iii) Chapter 1 of Part 6;

(ab) the subject-matter of section 11, Parts 3 and 4 and Chapter 2 of Part 6 of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;

(ac) the subject-matter of section 12 of, and Schedule 2 to, the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act);

(b) in relation to the prevention or detection of crime, the subject-matter of Part 3 of the Police Act 1997;

(i) sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 2007, and

(ii) section 102 of, and Schedule 12 to, the Terrorism Act 2000;

(d) in relation to terrorism, the exercise of the Royal prerogative of mercy;

(e) the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued;

(f) in relation to the regulation of drugs or other substances through the criminal law (including offences, exceptions to offences, penalties, powers of arrest and detention, prosecutions and the treatment of offenders) or otherwise in relation to the prevention or detection of crime—

(i) the subject-matter of the Misuse of Drugs Act 1971;

(ii) the subject-matter of sections 12 and 13 of the Criminal Justice (International Co-operation) Act 1990;

(g) the National Crime Agency;

(h) in relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.

(2) In sub-paragraph (1)(h) “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.

(3) This paragraph does not include any excepted matters or any matter within paragraph 10 of this Schedule.

10

(1) The subject-matter of the Public Processions (Northern Ireland) Act 1998.

(2) In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).

(3) This paragraph does not include any matter within paragraph 17 of Schedule 2.

11

The operation of the temporary provisions, as defined in section 47 of the Police (Northern Ireland) Act 2000.

12

(1) Items for the time being specified in Article 45(1) or (2) of the Firearms (Northern Ireland) Order 2004; and the subject-matter of Article 45(10) of that Order.

(2) The security of explosives, including—

(a) the prevention of loss or theft of explosives,

(b) the prevention of the use of explosives for wrongful purposes, and

This sub-paragraph does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 1970.

13

Civil defence.

14

The subject-matter of Part 2 of the Civil Contingencies Act 2004 .

15

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

16

The ... Civil Service Commissioners for Northern Ireland.

17

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

18

The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).

19

The subject-matter of the Vaccine Damage Payment Scheme.

20

Import and export controls and trade with any place outside the United Kingdom but not—

(a) the furtherance of the trade of Northern Ireland or the protection of traders in Northern Ireland against fraud;

(b) services in connection with, or the regulation of, the quality, insurance, transport, marketing or identification of agricultural or food products, including livestock;

(d) aerodromes and harbours;

(e) any matter within paragraph 4 of Schedule 2.

21

The subject-matter of the National Minimum Wage Act 1998.

22

The subject-matter of the following provisions of the Pension Schemes Act 1993—

(a) section 6(1), (2)(a)(i), (iii) and (iv) and (b), (3), (4) and (8) (registration of occupational and personal pension schemes);

(b) section 145 (Pensions Ombudsman).

23

The following matters—

(a) financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance;

(b) financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

This paragraph does not include the subject-matter of—

(a) the Industrial and Provident Societies Act Northern Ireland) 1969;

(b) the Credit Unions (Northern Ireland) Order 1985;

(d) the Insolvency (Northern Ireland) Order 1989;

(e) the Companies (Northern Ireland) Order 1990;

(f) the Companies (No.2) (Northern Ireland) Order 1990;

(g) the Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

24

The subject-matter of—

(a) the Building Societies Act 1986;

(b) the Friendly Societies Act 1992.

25

The subject-matter of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 , but in relation to any type of business.

26

Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

27

Intellectual property but not the subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

28

Units of measurement and United Kingdom primary standards.

29

Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).

30

The National Lottery (except in so far as any matter within Schedule 2 is concerned).

31

Xenotransplantation.

32

Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act.

33

The subject-matter of the Human Fertilisation and Embryology Act 1990.

34

Human genetics.

35

Research Councils within the meaning of the Science and Technology Act 1965.

36

Areas in which industry may qualify for assistance under Part III of the Industrial Development Act 1982.

37

Consumer safety in relation to goods.

38

The subject matter of all technical standards and requirements in relation to products that had effect immediately before IP completion day in pursuance of an obligation under EU law, other than standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides.

39

The subject-matter of section 3(5) to (7) of the Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.

40

The subject-matter of—

(a) the Data Protection Act 1984;

(b) the Data Protection Act 1998; and

(c) Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and free movement of such data).

41

Oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 77(3).

42

Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—

(a) in Part III, sections 19, 20 , 28, 28A and 28B ;

(aa) in Part VII, sections 68 to 69A, 69C to 70, 71(2A) to (2C) and Schedule 7;

(b) in Part VII, sections 73, 74(3) and (4), 75 and 77(1), (2) and (4) to (8) and Schedules 8 and 9;

(ba) in Part VII, sections 78A to 78E;

This paragraph does not apply to—

(i) any matter in respect of which it is stated by this Act that provision may be made by Act of the Assembly; or

(ii) any matter to which a description specified in this Schedule or Schedule 2 is stated not to apply.

SCHEDULE 4

Pledge of Office

To pledge:

Code of Conduct

Ministers must at all times:

SCHEDULE 5

Membership

1

A person appointed under standing orders made under section 40(2)(b) shall hold office until another member of the Assembly is appointed in his place, unless he previously resigns or ceases to be a member of the Assembly otherwise than by virtue of a dissolution.

Staff

2

(1) The Commission may appoint staff.

(2) The persons appointed by the Commission are referred to in this Act as the staff of the Assembly.

(3) It is for the Commission to determine the terms and conditions of appointment of the staff of the Assembly, including arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of the staff of the Assembly.

(4) Accordingly, the Commission may—

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

(b) establish and administer one or more pension schemes.

(5) The power conferred by sub-paragraph (1) includes power to make arrangements for administrative, secretarial or other assistance to be provided for the Commission by officers of the civil service of Northern Ireland or the civil service; and the reference in sub-paragraph (2) to persons appointed by the Commission shall be construed accordingly.

Powers

3

(1) Subject to sub-paragraph (4), the Commission may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions.

(2) That includes, in particular—

(a) holding property;

(b) charging for goods or services;

(d) investing sums not immediately required in relation to the discharge of its functions; and

(e) accepting gifts.

(3) The Commission may sell goods or provide services, and may make arrangements for the sale of goods or provision of services, to the public.

(4) The Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.

(5) The Commission may borrow money only under sub-paragraph (4) and may borrow under that sub-paragraph only with the special or general approval of the Assembly.

Delegation

4

The Commission may delegate any of its functions to the Presiding Officer or a member of the staff of the Assembly.

Proceedings and business

5

(1) The validity of any acts of the Commission shall not be affected by any vacancy among the members, or by any defect in the appointment, or qualification for membership, of any member.

(2) The Commission may determine its own procedure.

(3) The Presiding Officer shall preside at meetings of the Commission, but the Commission may appoint another of its members to preside if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.

Crown status

6

(1) Her Majesty may by Order in Council provide for the Commission to be treated to any extent as a Crown body for the purposes of any enactment.

(2) In particular, the Order may for the purposes of any enactment provide—

(a) for employment under the Commission to be treated as employment under the Commission as a Crown body;

(b) for land held, used or managed by the Commission, or operations carried out by or on behalf of the Commission, to be treated (as the case may be) as land held, used or managed, or operations carried out by or on behalf of, the Commission as a Crown body.

(3) For the purposes of this paragraph, “Crown body” means a body which is the servant or agent of the Crown, and includes a government department.

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

SCHEDULE 6

Preservation of order

1

(1) The standing orders shall include provision for preserving order in the proceedings of the Assembly, including provision for—

(a) preventing conduct which would constitute a criminal offence or contempt of court; and

(b) a sub judice rule.

(2) Such provision may provide for excluding a member of the Assembly from proceedings and for withdrawing his rights and privileges as a member for the period of his exclusion.

Proceedings to be in public

2

(1) The standing orders shall include provision requiring the proceedings of the Assembly to be held in public, except in such circumstances as the standing orders may provide.

(2) The standing orders may include provision as to the conditions to be complied with by any member of the public attending the proceedings, including provision for excluding from the proceedings any member of the public who does not comply with those conditions.

Reporting and publishing proceedings

3

The standing orders shall include provision for reporting the proceedings of the Assembly and for publishing the reports.

Committees

4

(1) The standing orders shall include provision for ensuring that, in appointing members to committees, regard is had to the balance of parties in the Assembly.

(2) The standing orders may include provision for excluding from the proceedings of a committee a member of the Assembly who is not a member of the committee.

SCHEDULE 7

Introductory

1

In this Schedule “the Commission” means the Northern Ireland Human Rights Commission.

Commissioners’ tenure

2

(1) Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.

(2) A Commissioner shall not be appointed—

(a) in the case of the Chief Commissioner, for more than five years at a time; and

(b) in any other case, for more than three years at a time.

(3) A person may resign as a Commissioner or as Chief Commissioner by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss a person from his office as Commissioner or Chief Commissioner if satisfied—

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

(b) that he has been convicted of a criminal offence;

(c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(d) that he is unable or unfit to carry out his functions.

Commissioners’ salary etc.

3

(1) The Commission shall pay to or in respect of Commissioners—

(a) remuneration;

(b) allowances and fees; and

in accordance with directions of the Secretary of State.

(2) Where a person who by reference to any office or employment is a participant in a scheme under section 1 of the Superannuation Act 1972 becomes a Commissioner or the Chief Commissioner, the Minister for the Civil Service may, notwithstanding any provision made under sub-paragraph (1)(c), determine that the person’s service as Commissioner or Chief Commissioner shall be treated for the purposes of the scheme as service in that office or employment.

Staff

4

(1) The Commission may employ staff subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of employment.

(2) Employment with the Commission shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) after “Commission for Racial Equality” insert— “ Northern Ireland Human Rights Commission ”.

(3) The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual report

5

(1) The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Secretary of State on the performance of its functions during the year.

(2) The Secretary of State shall lay a copy of the report before each House of Parliament.

Money

6

The Secretary of State may make grants to the Commission out of money provided by Parliament.

7

(1) The Commission shall keep proper accounts and financial records.

(2) The Commission shall—

(a) prepare a statement of accounts in respect of each financial year containing such information, and in such form, as the Secretary of State with the consent of the Treasury directs; and

(b) send a copy to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year as the Secretary of State directs.

(3) The Comptroller and Auditor General shall—

(a) examine, certify and report on the statement of accounts; and

(b) lay a copy of the statement of accounts and of his report before each House of Parliament.

(4) For the purposes of this paragraph—

(a) a financial year is a period of twelve months ending on 31st March; but

(b) the first financial year is the period beginning with the day on which section 68 comes into force and ending with the first 31st March which falls at least six months after that day.

Procedure

8

(1) In determining its own procedure the Commission may, in particular, make provision about—

(a) the discharge of its functions by committees (which may include persons who are not Commissioners);

(b) a quorum for meetings of the Commission or a committee.

(2) The validity of any proceedings of the Commission or a committee shall not be affected by—

(a) a vacancy in the office of Chief Commissioner; or

(b) a defect in the appointment of a Commissioner.

Disqualification

9

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “ Northern Ireland Human Rights Commissioner ”.

10

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “ Northern Ireland Human Rights Commissioner ”.

Status

11

The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.

SCHEDULE 8

Introductory

1

In this Schedule “the Commission” means the Equality Commission for Northern Ireland.

Commissioners’ tenure

2

(1) Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.

(2) A Commissioner shall not be appointed—

(a) in the case of the Chief Commissioner, for more than five years at a time; and

(b) in any other case, for more than three years at a time.

(3) A person may resign as a Commissioner, as the Chief Commissioner or as a Deputy Chief Commissioner by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss a person from his office of Commissioner, Chief Commissioner or Deputy Chief Commissioner if satisfied—

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

(b) that he has been convicted of a criminal offence;

(c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(d) that he is unable or unfit to carry out his functions.

Commissioners’ salary etc.

3

The Department of Economic Development may with the approval of the Department of Finance and Personnel pay to or in respect of Commissioners—

(a) remuneration;

(b) allowances and fees; and

Staff

4

(1) The Commission may with the approval of the Department of Economic Development and the Department of Finance and Personnel as to numbers and as to remuneration and other terms and conditions of employment—

(a) employ such staff as the Commission considers necessary;

(b) employ the services of such other persons as the Commission considers expedient for any particular purpose.

(2) The Commission may, in the case of such of its staff as may be determined by it with the approval of the Department of Economic Development and the Department of Finance and Personnel, pay such pensions, allowances or gratuities, or provide and maintain such pension schemes, as may be so determined.

(3) Payments made or expenses incurred under this paragraph shall be defrayed out of money appropriated by Act of the Assembly.

Annual report

5

(1) The Commission shall, as soon as reasonably practicable after the end of each financial year, make a report to the Department of Economic Development—

(a) on the performance of its functions during the year; and

(b) on any steps which, during the year, have been taken by it and other public authorities to promote such equality of opportunity as is mentioned in section 75(1).

(2) The report shall, in particular, give details of how resources have been divided between the functions previously exercisable by each of the bodies listed in section 74(2).

(3) The Department shall lay a copy of the report before the Assembly and send a copy of the report to the Secretary of State.

(4) The Secretary of State shall lay a copy of the report before each House of Parliament.

(5) Sub-paragraph (5) of paragraph 7 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

Money

6

(1) Expenditure incurred by the Commission may be defrayed as expenses of the Department of Economic Development if authorised by that Department and the Department of Finance and Personnel.

(2) Expenditure defrayed under this paragraph shall be defrayed out of money appropriated by Act of the Assembly and an authorisation for the purposes of this paragraph may be general or specific.

7

(1) The Commission shall keep accounts and financial records in a form approved by the Department of Economic Development.

(2) The Commission shall—

(a) prepare a statement of accounts in respect of each financial year containing such information, and in such form, as is directed by the Department of Economic Development with the consent of the Department of Finance and Personnel; and

(b) send a copy to the Department of Economic Development and to the Comptroller and Auditor General for Northern Ireland within such period after the end of the financial year as the Department directs.

(3) The Comptroller and Auditor General for Northern Ireland shall—

(a) examine, certify and report on the statement of accounts; and

(b) send a copy of the statement of accounts and of his report to the Department of Economic Development.

(4) The Department shall lay a copy of the statement of accounts and the Comptroller and Auditor General’s report before the Assembly.

(5) For the purposes of this paragraph—

(a) a financial year is a period of twelve months ending on 31st March; but

(b) the first financial year is the period beginning with the day on which section 73 comes into force and ending with the first 31st March which falls at least six months after that day.

Procedure

8

(1) In determining its own procedure the Commission may, in particular, make provision about—

(a) the discharge of its functions by committees (which may include persons who are not Commissioners);

(b) a quorum for meetings of the Commission or a committee.

(2) The validity of any proceedings of the Commission or a committee shall not be affected by—

(a) a vacancy in the office of Chief Commissioner or Deputy Chief Commissioner; or

(b) a defect in the appointment of a Commissioner.

Disqualification

9

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “ The Equality Commission for Northern Ireland ”.

10

In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “ The Equality Commission for Northern Ireland ”.

The Northern Ireland Commissioner for Complaints

11

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

Status

12

SCHEDULE 9

The Equality Commission

1

The Equality Commission for Northern Ireland shall—

(a) keep under review the effectiveness of the duties imposed by section 75;

(b) offer advice to public authorities and others in connection with those duties; and

Equality schemes

2

(1) A public authority to which this sub-paragraph applies shall, before the end of the period of six months beginning with the commencement of this Schedule or, if later, the establishment of the authority, submit a scheme to the Commission.

(2) Sub-paragraph (1) applies to any public authority except one which is notified in writing by the Commission that that sub-paragraph does not apply to it.

3

(1) Where it thinks appropriate, the Commission may—

(a) request a public authority to which paragraph 2(1) does not apply to make a scheme;

(b) request any public authority to make a revised scheme.

(2) A public authority shall respond to a request under this paragraph by submitting a scheme to the Commission before the end of the period of six months beginning with the date of the request.

4

(1) A scheme shall show how the public authority proposes to fulfil the duties imposed by section 75 in relation to the relevant functions.

(2) A scheme shall state, in particular, the authority’s arrangements—

(a) for assessing its compliance with the duties under section 75 and for consulting on matters to which a duty under that section is likely to be relevant (including details of the persons to be consulted);

(b) for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity;

(d) for publishing the results of such assessments as are mentioned in paragraph (b) and such monitoring as is mentioned in paragraph (c);

(e) for training staff;

(f) for ensuring, and assessing, public access to information and to services provided by the authority.

(3) A scheme shall—

(a) conform to any guidelines as to form or content which are issued by the Commission with the approval of the Secretary of State;

(b) specify a timetable for measures proposed in the scheme; and

(4) In this paragraph—

“equality of opportunity” means such equality of opportunity as is mentioned in section 75(1);

“the relevant functions” means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.

(5) But where the public authority is designated by order under section 75(3)(a) or (d)—

“equality of opportunity” does not include equality of opportunity in relation to which (by virtue of the order) the public authority has no obligations under section 75(1);

“the relevant functions” does not include functions of the public authority so far as the obligations imposed by section 75 do not (by virtue of the order) apply to their exercise.

5

Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission—

(a) representatives of persons likely to be affected by the scheme; and

(b) such other persons as may be specified in the directions.

6

(1) On receipt of a scheme the Commission shall—

(a) approve it; or

(b) refer it to the Secretary of State.

(2) Where the Commission refers a scheme to the Secretary of State under sub-paragraph (1)(b), it shall notify the Assembly in writing that it has done so and send the Assembly a copy of the scheme.

7

(1) Where a scheme is referred to the Secretary of State he shall—

(a) approve it;

(b) request the public authority to make a revised scheme; or

(2) A request under sub-paragraph (1)(b) shall be treated in the same way as a request under paragraph 3(1)(b).

(3) Where the Secretary of State—

(a) requests a revised scheme under sub-paragraph (1)(b); or

(b) makes a scheme under sub-paragraph (1)(c),

he shall notify the Assembly in writing that he has done so and, in a case falling within paragraph (b), send the Assembly a copy of the scheme.

8

(1) If a public authority wishes to revise a scheme it may submit a revised scheme to the Commission.

(2) A revised scheme shall be treated as if it were submitted in response to a request under paragraph 3(1)(b).

(3) A public authority shall, before the end of the period of five years beginning with the submission of its current scheme, or the latest review of that scheme under this sub-paragraph, whichever is the later, review that scheme and inform the Commission of the outcome of the review.

Duties arising out of equality schemes

9

(1) In publishing the results of such an assessment as is mentioned in paragraph 4(2)(b), a public authority shall state the aims of the policy to which the assessment relates and give details of any consideration given by the authority to—

(a) measures which might mitigate any adverse impact of that policy on the promotion of equality of opportunity; and

(b) alternative policies which might better achieve the promotion of equality of opportunity.

(2) In making any decision with respect to a policy adopted or proposed to be adopted by it, a public authority shall take into account any such assessment and consultation as is mentioned in paragraph 4(2)(b) carried out in relation to the policy.

(3) In this paragraph “equality of opportunity” has the same meaning as in paragraph 4.

Complaints

10

(1) If the Commission receives a complaint made in accordance with this paragraph of failure by a public authority to comply with a scheme approved or made under paragraph 6 or 7, it shall—

(a) investigate the complaint; or

(b) give the complainant reasons for not investigating.

(2) A complaint must be made in writing by a person who claims to have been directly affected by the failure.

(3) A complaint must be sent to the Commission during the period of 12 months starting with the day on which the complainant first knew of the matters alleged.

(4) Before making a complaint the complainant must—

(a) bring the complaint to the notice of the public authority; and

(b) give the public authority a reasonable opportunity to respond.

Investigations

11

(1) This paragraph applies to—

(a) investigations required by paragraph 10; and

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