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

(b) any other investigation carried out by the Commission where it believes that a public authority may have failed to comply with a scheme approved or made under paragraph 6 or 7.

(2) The Commission shall send a report of the investigation to—

(a) the public authority concerned;

(b) the Secretary of State; and

(3) If a report recommends action by the public authority concerned and the Commission considers that the action is not taken within a reasonable time—

(a) the Commission may refer the matter to the Secretary of State; and

(b) the Secretary of State may give directions to the public authority in respect of any matter referred to him.

(4) Where the Commission—

(a) sends a report to the Secretary of State under sub-paragraph (2)(b); or

(b) refers a matter to the Secretary of State under sub-paragraph (3)(a),

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

(5) Where the Secretary of State gives directions to a public authority under sub-paragraph (3)(b), he shall notify the Assembly in writing that he has done so.

Government departments

12

(1) Paragraphs 6, 7 and 11(2)(b) and (3) do not apply to a government department which is such a public authority as is mentioned in section 75(3)(a).

(2) On receipt of a scheme submitted by such a government department under paragraph 2 or 3 the Commission shall—

(a) approve it; or

(b) request the department to make a revised scheme.

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

(4) Where a request is made under sub-paragraph (2)(b), the government department shall, if it does not submit a revised scheme to the Commission before the end of the period of six months beginning with the date of the request, send to the Commission a written statement of the reasons for not doing so.

(5) The Commission may lay before Parliament and the Assembly a report of any investigation such as is mentioned in paragraph 11(1) relating to a government department such as is mentioned in sub-paragraph (1).

SCHEDULE 10

Part I — Preliminary

1

In this Schedule “devolution issue” means—

(a) a question whether any provision of an Act of the Assembly is within the legislative competence of the Assembly;

(b) a question whether a purported or proposed exercise of a function by a Minister or Northern Ireland department is, or would be, invalid by reason of section 24;

(c) a question whether a Minister or Northern Ireland department has failed to comply with any of the Convention rights...; or

(d) any question arising under this Act about excepted or reserved matters.

2

A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part II — Proceedings in Northern Ireland

Application of Part II

3

This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedings

4

(1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.

(2) The Attorney General for Northern Ireland may defend any such proceedings instituted by the Advocate General for Northern Ireland .

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

5

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).

6

A person to whom notice is given in pursuance of paragraph 5 ... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of Appeal

7

A court, other than the Supreme Court or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

8

A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to Supreme Court

9

The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the Supreme Court .

Appeals from Court of Appeal to Supreme Court

10

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 7 or 8 shall lie to the Supreme Court , but only with permission of the Court of Appeal in Northern Ireland or, failing such permission, with permission of the Supreme Court.

Part III — Proceedings in England and Wales

Application of Part III

11

This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedings

12

(1) Proceedings for the determination of a devolution issue may be instituted ... by the Attorney General.

(2) The Attorney General for Northern Ireland ... may defend any such proceedings.

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

13

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).

14

A person to whom notice is given in pursuance of paragraph 13 ... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

15

A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.

16

(1) A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.

(2) Sub-paragraph (1) does not apply to—

(a) a magistrates’ court, the Court of Appeal or the Supreme Court; or

(b) the High Court if the devolution issue arises in proceedings on a reference under paragraph 15.

17

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

18

A court, other than the Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—

(a) the High Court (if the proceedings are summary proceedings); or

(b) the Court of Appeal (if the proceedings are proceedings on indictment).

References from Court of Appeal to Supreme Court

19

The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 16, 17 or 18) to the Supreme Court .

Appeals from superior courts to Supreme Court

20

An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 15, 16, 17 or 18 shall lie to the Supreme Court , but only with permission of the High Court or the Court of Appeal or, failing such permission , with permission of the Supreme Court .

Part IV — Proceedings in Scotland

Application of Part IV

21

This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

22

(1) Proceedings for the determination of a devolution issue may be instituted ... by the Advocate General for Scotland.

(2) The Attorney General for Northern Ireland ... may defend any such proceedings.

(3) This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Intimation of devolution issue

23

Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General for Scotland and the Attorney General for Northern Ireland (unless the person to whom the intimation would be given is a party to the proceedings).

24

A person to whom intimation is given in pursuance of paragraph 23 ... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

25

A court, other than the Supreme Court or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.

26

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

27

A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to Supreme Court

28

Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the Supreme Court .

29

Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 27) to the Supreme Court .

Appeals from superior courts to Supreme Court

30

An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 25 or 26 shall lie to the Supreme Court .

31

An appeal against a determination of a devolution issue by—

(a) a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 27); or

(b) a court of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph ,

shall lie to the Supreme Court , but only with permission of the court concerned or, failing such permission , with permission of the Supreme Court .

Part V — General

. . .

32

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

Direct references to Supreme Court

33

The Attorney General, the Advocate General for Northern Ireland, the Attorney General for Northern Ireland or the Advocate General for Scotland may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in proceedings before it to which he is or they are a party.

34

The Attorney General, the Advocate General for Northern Ireland, the Attorney General for Northern Ireland or the Advocate General for Scotland may refer to the Supreme Court any devolution issue which is not the subject of proceedings.

35

(1) This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a Northern Ireland Minister or department.

(2) The person making the reference shall notify the Northern Ireland Minister or department of that fact.

(3) No Northern Ireland Minister or department shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.

(4) Proceedings relating to any possible failure by a Northern Ireland Minister or department to comply with sub-paragraph (3) may be instituted by the Advocate General for Northern Ireland .

(5) Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Delegation by First Ministers

36

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

Expenses

37

(1) A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.

(2) In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).

(3) The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 14 or 24.

Procedure of courts and tribunals

38

Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—

(a) for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred;

(b) for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule; and

Bail and legal aid in criminal proceedings

39

(1) Sub-paragraph (3) applies where a devolution issue arises in proceedings against a person (“the defendant”) for an offence and the issue is referred to the Court of Appeal in Northern Ireland under paragraph 7.

(2) Sub-paragraph (3) applies where such an issue arises in such proceedings and—

(a) the issue is referred by the Court of Appeal to the Supreme Court under paragraph 9 or 33; or

(b) the issue is determined by the Court of Appeal under paragraph 7 and—

(i) an appeal to the Supreme Court against the determination is brought under paragraph 10; or

(ii) an application for leave to bring such an appeal is made to the Court of Appeal under that paragraph.

(3) The Court of Appeal may, if it thinks fit, on the application of the defendant, admit him to bail pending the determination of the reference, appeal or application.

(4) The Court of Appeal may at any time when it appears to the Court of Appeal—

(a) that it is desirable in the interests of justice that the defendant should have legal aid; and

(b) that he has not sufficient means to obtain that aid,

assign to him a solicitor and counsel, or counsel only, in the reference, appeal or application.

(5) If, on a question of granting a person free legal aid under sub-paragraph (4), there is a doubt—

(a) whether it is desirable in the interests of justice that he should have legal aid; or

(b) whether he has sufficient means to obtain that aid,

the doubt shall be resolved in favour of granting him free legal aid.

(6) The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under sub-paragraph (4) shall be defrayed, up to an amount allowed by the Master (Taxing Office), by the Lord Chancellor ....

40

Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and—

(a) the issue is referred to the Supreme Court under paragraph 9 or 33; or

(b) the issue is determined by the Court of Appeal in Northern Ireland under paragraph 7 and—

(i) an appeal to the Supreme Court against the determination is brought under paragraph 10; or

(ii) an application for special leave to bring such an appeal is made to the Supreme Court under that paragraph,

sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the Court of Appeal were references to the Supreme Court .

Interpretation

41

Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or power to refer the issue to the court for decision.

SCHEDULE 11

Introductory

1

In this Schedule “the Tribunal” means the tribunal established under section 91.

Members

2

(1) The Tribunal shall consist of such number of members appointed by the Lord Chancellor as he may determine.

(2) A member of the Tribunal shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(3) A member of the Tribunal may resign his office at any time by notice in writing to the Lord Chancellor.

Chairman

3

(1) The Lord Chancellor shall appoint one of the members of the Tribunal to be its chairman.

(2) The chairman may nominate a member as deputy chairman to act in his absence.

(3) A member may not be appointed as chairman or nominated as deputy chairman, unless he holds, or has held, office as a judge of the High Court, the High Court of Justice in Northern Ireland, the Court of Appeal or the Court of Appeal in Northern Ireland.

(4) The chairman may resign his office at any time by notice in writing to the Lord Chancellor.

Payments to members

4

(1) The Lord Chancellor may pay to the members of the Tribunal such remuneration and allowances as he may determine.

(2) The Lord Chancellor may, if he thinks fit in the case of any member of the Tribunal pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.

(3) If a person ceases to be a member of the Tribunal and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.

Proceedings

5

(1) The Tribunal shall sit at such times and in such places as the Lord Chief Justice may direct.

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

(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).

6

The Tribunal shall be deemed to be duly constituted if it consists of the chairman or deputy chairman and two or more other members.

7

The chairman or, in his absence, the deputy chairman, shall preside at sittings of the Tribunal.

Staff

8

The Lord Chancellor may appoint such officers and servants for the Tribunal as he thinks fit.

Expenses

9

The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 8 and such expenses of the Tribunal as he thinks fit.

Disqualification of Tribunal Members

10

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Tribunal established under section 91 of the Northern Ireland Act 1998 ”.

11

In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Tribunal established under section 91 of the Northern Ireland Act 1998 ”.

SCHEDULE 12

Preliminary

1

(1) Enactments and instruments shall, except where the context otherwise requires, be construed in accordance with this Schedule.

(2) In this Schedule “instruments” includes charters, contracts and other documents.

The Parliament and the old Assembly

2

(1) References to the Parliament of Northern Ireland shall be construed as including references to—

(a) the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; and

(b) the Assembly.

(2) References to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as including references to the Assembly.

Legislation etc of the Parliament or the old Assembly

3

(1) A reference to an Act or enactment of the Parliament of Northern Ireland shall be construed as including a reference to an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972.

(2) A reference to an Act or enactment of, or a Bill in, the Parliament of Northern Ireland shall be construed as including a reference to—

(a) a Measure or proposed Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; and

(b) an Act or Bill of the Assembly.

(3) A reference to a Measure or proposed Measure of the Assembly so established shall be construed as including a reference to an Act or Bill of the Assembly.

(4) A reference to a Measure of the Assembly so established shall be construed as including a reference to an Order in Council under paragraph 1 of Schedule 1 to the Northern Ireland Act 1974.

4

(1) A reference to a resolution or other decision of the Senate or the House of Commons of the Parliament of Northern Ireland, or of either House of that Parliament, shall be construed as including a reference to a resolution or decision of—

(a) the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; or

(b) the Assembly.

(2) A reference to a resolution or other decision of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as a reference to a resolution or decision of the Assembly.

5

A reference to laying a document before, or presenting it to—

(a) the Parliament of Northern Ireland or either House of that Parliament; or

(b) the Assembly established under section 1 of the Northern Ireland Assembly Act 1973,

shall be construed as a reference to laying it before, or presenting it to, the Assembly.

6

Paragraphs 2 to 5 apply to enactments and instruments passed or made before the appointed day.

Money

7

(1) A reference to—

(a) money provided by the Parliament of Northern Ireland; or

(b) money appropriated by Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973,

shall be construed as a reference to money appropriated by Act of the Assembly.

(2) A reference to payment into or out of the Exchequer of Northern Ireland shall be construed as a reference to payment into or out of the Consolidated Fund of Northern Ireland.

(3) This paragraph applies to enactments and instruments passed or made before the appointed day.

Office-holders and Ministers

8

(1) A reference to—

(a) the Governor of Northern Ireland;

(b) the Governor of Northern Ireland in Council; or

shall be construed as a reference to the Secretary of State or, as the case may be, the making of an order by the Secretary of State.

(2) This paragraph applies to enactments and instruments passed or made before 1st January 1974.

9

(1) A reference to—

(a) the Prime Minister of Northern Ireland; or

(b) the chief executive member,

shall be construed as a reference to the First Minister and deputy First Minister acting jointly.

(2) References to Northern Ireland executive authorities shall be construed as references to Ministers and the Northern Ireland departments.

(3) A reference to—

(a) the Executive Committee for Northern Ireland; or

(b) the Northern Ireland Executive,

shall be construed as a reference to the Executive Committee established by section 20.

(4) This paragraph applies to enactments and instruments passed or made before the appointed day.

10

(1) A reference to—

(a) a particular Ministry of Northern Ireland; or

(b) the Minister in charge of a particular Ministry,

shall, in relation to a function, be construed as a reference to the Northern Ireland department which exercises that function or to the Northern Ireland Minister in charge of that department.

(2) A reference to an unspecified Ministry shall be construed as a reference to a Northern Ireland department.

(3) This paragraph applies to enactments and instruments passed or made before 1st January 1974.

11

(1) A reference to—

(a) an unspecified Minister of Northern Ireland; or

(b) the head of a Northern Ireland department,

shall be construed as a reference to a Northern Ireland Minister.

(2) A reference to the head of a specified Northern Ireland department shall, in relation to a function, be construed as a reference to the Northern Ireland Minister in charge of the department which exercises that function.

(3) In sub-paragraph (1) “Northern Ireland Minister” includes the First Minister and the deputy First Minister.

(4) This paragraph applies to enactments and instruments passed or made before the appointed day.

Courts

12

(1) A reference to the Supreme Court of Judicature in Ireland shall be construed as a reference to the Court of Judicature .

(2) A reference to the High Court of Justice in Ireland shall be construed as a reference to the High Court of Justice in Northern Ireland.

(3) A reference to the Court of Appeal in Ireland shall be construed as a reference to the Court of Appeal in Northern Ireland.

(4) This paragraph applies to enactments and instruments passed or made before the passing of the Government of Ireland Act 1920.

Equal opportunity bodies

13

(1) A reference to—

(a) the Fair Employment Commission for Northern Ireland;

(b) the Equal Opportunities Commission for Northern Ireland;

(d) the Northern Ireland Disability Council,

shall be construed as a reference to the Equality Commission for Northern Ireland.

(2) This paragraph applies to enactments and instruments passed or made before section 74 comes into force.

SCHEDULE 13

Fair Employment (Northern Ireland) Act 1976 (c. 25)

1

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

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

2

(1) The Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows.

(2) In Article 2(2) (interpretation), in the definition of “the Commission” for “the Equal Opportunities Commission for Northern Ireland” substitute “ the Equality Commission for Northern Ireland ”.

(3) In Article 54(1) (establishment of Equal Opportunities Commission for Northern Ireland)—

(a) in paragraph (1) for the words before paragraph (a) substitute “ The Commission shall have the following duties ”; and

(b) paragraphs (2) to (4) shall cease to have effect.

(4) Schedule 3 (the Equal Opportunities Commission for Northern Ireland) shall cease to have effect.

Interpretation Act 1978 (c. 30)

3

In section 24(5) of the Interpretation Act 1978 (meaning of “Northern Ireland legislation”), for paragraphs (d) and (e) substitute—

(d) Measures of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973; (e) Orders in Council under Schedule 1 to the Northern Ireland Act 1974; (f) Acts of the Northern Ireland Assembly; and (g) Orders in Council under section 85 of the Northern Ireland Act 1998.

Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))

4

In Part II of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 (rule-making authorities), for “section 40 of and paragraph 4 of Schedule 5 to the Northern Ireland Constitution Act 1973” substitute “ section 95(5) of and paragraph 8 of Schedule 12 to the Northern Ireland Act 1998 ”.

Mental Health Act 1983 (c. 20)

5

(1) The Mental Health Act 1983 shall be amended as follows.

(2) In section 134(3)(a) (correspondence of patients), after “Parliament” insert “ or of the Northern Ireland Assembly ”.

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

Insolvency Act 1986 (c. 45)

6

In section 427 of the Insolvency Act 1986 (members of the House of Commons who are adjudged bankrupt etc.), after subsection (6B) insert—

(6C) Subsection (1), as applied to a member of the Northern Ireland Assembly by virtue of section 36(4) of the Northern Ireland Act 1998, has effect as if “or Northern Ireland” were omitted; and subsections (4) to (6) have effect in relation to such a member as if— (a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and (b) in subsection (4), for “under this section” there were substituted “under section 36(4) of the Northern Ireland Act 1998 by virtue of this section”.

Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5))

7

In Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses and accounts of Northern Ireland Audit Office)—

(a) for “the Department”, in the first place where it occurs, substitute “ the committee established under section 66 of the Northern Ireland Act 1998 ”; and

(b) for “the Department”, in the second place where it occurs, substitute “ that committee ”.

Copyright, Designs and Patents Act 1988 (c. 48)

8

(1) The Copyright, Designs and Patents Act 1988 shall be amended as follows.

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

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

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

(5) In section 164(1) (Crown copyright in Acts of Parliament, etc.), after “Scottish Parliament” insert “ , Act of the Northern Ireland Assembly ”.

(6) After section 166A insert—

(166B) (1) Copyright in every Bill introduced into the Northern Ireland Assembly belongs to the Northern Ireland Assembly Commission. (2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction— (a) until the Bill receives Royal Assent, or (b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it. (3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright. (4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.

(7) In the definition of “parliamentary proceedings” in section 178 (definitions), the words “, of the New Northern Ireland Assembly” shall cease to have effect.

(8) In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166A(3)” substitute “ 166A(3) and 166B(3) ”.

Official Secrets Act 1989 (c. 6)

9

(1) Section 12 of the Official Secrets Act 1989 (interpretation) shall be amended as follows.

(2) Subsection (1)(b) shall cease to have effect.

(3) After subsection (4) insert—

(5) This Act shall apply to the following as it applies to persons falling within the definition of Crown servant— (a) the First Minister and deputy First Minister in Northern Ireland; and (b) Northern Ireland Ministers and junior Ministers.

Fair Employment (Northern Ireland) Act 1989 (c. 32)

10

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

11

In section 189 of the Social Security Administration Act 1992 (regulations and orders: general)—

(a) in subsection (9), for “175 and 178” substitute “ and 175 ”; and

(b) in subsection (11), for “any of sections 177 to 179” substitute “ section 179 ”.

12

In section 165 of the Social Security Administration (Northern Ireland) Act 1992 (regulations and orders: general)—

(a) in subsection (10), for “152 and 154” substitute “ and 152 ”; and

(b) in subsection (11), for “any of sections 153 to 155” substitute “ section 155 ”.

Environment and Safety Information (Northern Ireland) Order 1993 (S.I. 1993/3159 (N.I.14))

13

In the second column of Schedule 1 to the Environment and Safety Information (Northern Ireland) Order 1993 (enforcing authorities), for “section 43(2) of the Northern Ireland Constitution Act 1973” substitute “ section 4(1) of the Northern Ireland Act 1998 ”.

Civil Service (Management Functions) (Northern Ireland) Order 1994 (S.I. 1994/1894 (N.I.9))

14

In Article 3(1) of the Civil Service (Management Functions) (Northern Ireland) Order 1994, for paragraphs (a) and (b) substitute “ which, by virtue of a prerogative order made under section 23(3) of the Northern Ireland Act 1998, is exercisable by the Department of Finance and Personnel ”.

Olympic Symbol etc. Protection Act 1995 (c. 32)

15

In section 4(16) of the Olympic Symbol etc. Protection Act 1995 (definitions), in the definition of “Royal Commission”, for “by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973” substitute “ by a Minister, within the meaning of the Northern Ireland Act 1998, or Northern Ireland department in pursuance of the prerogative powers of Her Majesty exercisable by the Minister or department under section 23 of that Act ”.

Disability Discrimination Act 1995 (c. 50)

16

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

Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I.7))

17

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

Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I.8))

18

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

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I.6))

19

(1) The Race Relations (Northern Ireland) Order 1997 shall be amended as follows.

(2) In Article 2(2) (interpretation), in the definition of “the Commission” for “the Commission for Racial Equality for Northern Ireland” substitute “ the Equality Commission for Northern Ireland ”.

(3) Article 42(1) and (3) to (5) and Schedule 1 (establishment of Commission for Racial Equality for Northern Ireland) shall cease to have effect.

Northern Ireland (Elections) Act 1998 (c. 12)

20

In Schedule 1 to the Northern Ireland (Elections) Act 1998 (the Assembly), for paragraph 8 substitute—

(8) (1) For the purposes of the law of defamation, absolute privilege shall attach to— (a) the making of a statement in proceedings of the Assembly; and (b) the publication of a statement under the Assembly’s authority. (2) In this paragraph “statement” has the same meaning as in the Defamation Act 1996.

Data Protection Act 1998 (c. 29)

21

(1) In paragraph 4 of Schedule 7 to the Data Protection Act 1998 (miscellaneous exceptions), for “Northern Ireland department” substitute “ Northern Ireland authority ”.

(2) Renumber that paragraph (as so amended) as sub-paragraph (1) and after that provision as so renumbered insert—

(2) In this paragraph “Northern Ireland authority” means the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department.

SCHEDULE 14

Human rights

1

In relation to any time before the Human Rights Act 1998 is fully in force, sections 6(2)(c), 24(1) and 71 and Schedule 10 shall have effect as if that Act were so in force.

First Minister and deputy First Minister

2

Any election of the First Minister and the deputy First Minister held before the appointed day shall on and after that day have effect as if it had been held under section 16.

Ministerial offices

3

Any determination of—

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

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

made and approved before the appointed day shall on and after that day have effect as if it had been made and approved under section 17.

Northern Ireland Ministers

4

Any nomination of a person to hold a Ministerial office made before the appointed day shall on and after that day have effect as if it had been made under section 18.

Junior Ministers

5

Any of the following made and approved before the appointed day—

(a) a determination of the number of junior Ministers to be appointed;

(b) a determination of the functions to be exercised by the holder of each junior Ministerial office; and

shall have effect on and after that day as if it had been made and approved under section 19.

Department of First Minister and deputy First Minister

6

Any Northern Ireland department established before the appointed day under the charge of the First Minister and deputy First Minister acting jointly shall be treated on and after that day as if it had been established by an Act of the Assembly under section 21.

Prerogative orders

7

Any prerogative order made by the Secretary of State under the Letters Patent of Her Majesty dated 20th December 1973 before the appointed day shall on and after that day have effect as if it had been validly made under section 23(3) by the First Minister and the deputy First Minister acting jointly.

Agency arrangements

8

Any arrangements made under section 11 of the Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if they had been made under section 28.

Statutory committees

9

(1) Any committee of the Assembly established before the appointed day to advise and assist a Northern Ireland Minister in the formulation of policy with respect to his responsibilities as a Minister shall be treated on and after that day as if it had been established by standing orders under section 29.

(2) Any appointment of a member, or the chairman or deputy chairman, of such a committee made before the appointed day shall have effect on and after that day as if it had been made under section 29.

Elections of members

10

Any order made under section 2(5) of the Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 34(4).

Vacancies

11

Any order made under section 3 of the Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 35.

Disqualification

12

A person elected on 25th June 1998 shall not be disqualified from membership of the Assembly by virtue of section 36 if he was not disqualified from such membership under section 4 of the Northern Ireland (Elections) Act 1998.

Presiding Officer and deputy

13

Any person appointed or elected under paragraph 3 of the Schedule to the Northern Ireland (Elections) Act 1998 who holds office immediately before the appointed day shall on and after that day hold office as Presiding Officer or, as the case may be, deputy Presiding Officer as if he had been elected by the Assembly under section 39.

Standing orders

14

Any standing orders made by the Secretary of State under paragraph 10 to the Schedule to the Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect as if they had been made by the Assembly under section 41.

Civic Forum

15

Any such arrangements as are mentioned in subsection (1) of section 56 which are made and approved before the commencement of that section shall have effect, after that commencement, as if they had been made and approved under that section.

Comptroller and Auditor General for Northern Ireland

16

Any appointment made by Her Majesty under section 36(1)(d) of the Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if it had been an appointment made by Her Majesty on the nomination of the Assembly under section 65.

17

Any regulations made under any enactment repealed by virtue of section 87 shall have effect, with any necessary modifications as if they had been made under subsection (4) or, as the case may require, subsection (5) of that section.

Certificates by Secretary of State

18

Section 90 shall have effect—

(a) in relation to any act done before the appointed day, as if the reference to section 24 were a reference to section 19 of the Northern Ireland Constitution Act 1973 so far as relating to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department;

(b) in relation to any act done before the commencement of section 76, as if the reference to that section were a reference to section 19 of that Act so far as relating otherwise than as mentioned in sub-paragraph (a); and

(i) the reference in subsection (1)(b) to a certificate were a reference to a certificate purporting to be signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security; and

(ii) subsection (3)(b) were omitted.

Devolution issues

19

In relation to any time before the first appointment of the Advocate General for Scotland, paragraphs 22, 23, 33 and 34 of Schedule 10 shall have effect as if references to him were references to the Lord Advocate.

Relations with Republic of Ireland

20

The repeal effected by this Act of section 12 of the Northern Ireland Constitution Act 1973 shall not affect the operation of any agreement or arrangement made under that section.

Discrimination in legislation

21

The repeals effected by this Act shall not affect the operation of sections 17 and 18 of the Northern Ireland Constitution Act 1973 (read with section 23 of that Act) in relation to—

(a) Acts of the Parliament of Northern Ireland;

(b) Measures of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973;

(d) relevant subordinate instruments (within the meaning of section 17 of the Northern Ireland Constitution Act 1973) made before the appointed day.

Discrimination by public bodies

22

The repeals effected by this Act shall not affect the operation of section 19 of the Northern Ireland Constitution Act 1973 (read with section 23 of that Act)—

(a) so far as section 19 relates to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department, in relation to any act done before the appointed day;

(b) so far as section 19 relates otherwise than as mentioned in sub-paragraph (a), in relation to any act done before the commencement of section 76.

Members’ Pensions

23

The repeals effected by this Act shall not affect the operation of the Ministerial Offices Act Northern Ireland) 1952, the Ministerial Salaries and Members’ Pensions Act Northern Ireland) 1965 or the Members’ Pensions (Northern Ireland) Order 1976 in relation to service completed before the appointed day.

SCHEDULE 15

Previous enactments.

Legislative competence.

16A

(1) This section applies where an Assembly is elected under section 31 or 32.

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

(3) Before the end of the period for filling Ministerial offices—

(a) the offices of First Minister and deputy First Minister shall be filled by applying subsections (4) to (7); and

(b) the Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

(3A) In this section “the period for filling Ministerial offices” means the period comprising—

(a) the period of six weeks beginning with the day on which the Assembly first meets, and

(b) the next three successive periods of six weeks (each referred to as an “extension period”), except for any period that is excluded by subsection (3B).

(3B) An extension period is excluded if, before it begins, the Assembly resolves that the period for filling Ministerial offices should not be extended (or further extended).

(3C) The Assembly may not pass a resolution under subsection (3B) without cross-community support.

(4) The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.

(5) The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.

(6) If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).

(7) Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.

(8) But no person may take up office as First Minister, deputy First Minister or Northern Ireland Minister by virtue of this section after the end of the period mentioned in subsection (3) (see further section 32(3)).

(9) The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.

(10) Subject to the provisions of this Part, the First Minister , the deputy First Minister and the Northern Ireland Ministers shall hold office until immediately before those offices are next filled by virtue of this section.

(11) The holder of the office of First Minister or deputy First Minister may by notice in writing to the Presiding Officer designate a Northern Ireland Minister to exercise the functions of that office—

(a) during any absence or incapacity of the holder; or

(b) during any vacancy in that office arising otherwise than under section 16B(2),

but a person shall not have power to act by virtue of paragraph (a) for a continuous period exceeding six weeks.

(11A) The First Minister and deputy First Minister cease to hold office if the period of 24 weeks beginning with the day on which an Assembly first meets expires without those offices having been filled by virtue of this section.

(12) This section shall be construed in accordance with, and is subject to, section 16C.

16B

(1) The First Minister or the deputy First Minister—

(a) may at any time resign by notice in writing to the Presiding Officer; and

(b) shall cease to hold office if he ceases to be a member of the Assembly otherwise than by virtue of a dissolution.

(2) If either the First Minister or the deputy First Minister ceases to hold office at any time, whether by resignation or otherwise, the other—

(a) shall also cease to hold office at that time; but

(b) may continue to exercise the functions of his office until immediately before those offices are filled in accordance with this section.

(3) Where at any time the offices of First Minister and deputy First Minister become vacant otherwise than by virtue of section 16A(11A), they shall be filled by applying subsections (4) to (7) before the end of the period for filling the offices of First Minister and deputy First Minister.

(3A) In this section “the period for filling the offices of First Minister and deputy First Minister” means the period comprising—

(a) the period of six weeks beginning with the day on which the offices of First Minister and deputy First Minister become vacant, and

(b) the next three successive periods of six weeks (each referred to as an “extension period”), except for any period that is excluded by subsection (3B).

(3B) An extension period is excluded if, before it begins, the Assembly resolves that the period for filling the offices of First Minister and deputy First Minister should not be extended (or further extended).

(3C) The Assembly may not pass a resolution under subsection (3B) without cross-community support.

(4) The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.

(5) The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.

(6) If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).

(7) Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.

(8) But no person may take up office as First Minister or deputy First Minister under this section after the end of the period mentioned in subsection (3) (see further section 32(3)).

(9) The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.

(10) This section shall be construed in accordance with, and is subject to, section 16C.

Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election

16C

(1) In sections 16A and 16B and this section “nominating officer”, in relation to a party, means—

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

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

(2) For the purposes of sections 16A and 16B and this section—

(a) the size of a political party is to be determined by reference to the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election; but

(b) if two or more parties are taken by virtue of paragraph (a) to be of the same size, the respective sizes of those parties is to be determined by reference to the number of first preference votes cast for the parties at the last general election of members of the Assembly;

(this is subject to subsections (7) and (8)).

(3) For the purposes of sections 16A and 16B and this section, a political party to which one or more members of the Assembly belong is to be taken—

(a) to be of the political designation “Nationalist” if, at the relevant time (see subsection (11)), more than half of the members of the Assembly who belonged to the party were designated Nationalists;

(b) to be of the political designation “Unionist” if, at the relevant time, more than half of the members of the Assembly who belonged to the party were designated Unionists;

(4) For the purposes of sections 16A and 16B and this section—

(a) the size of the political designation “Nationalist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Nationalists;

(b) the size of the political designation “Unionist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Unionists;

(c) the size of the political designation “Other” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were neither designated Nationalists nor designated Unionists.

(5) But if two or more political designations are taken by virtue of subsection (4) to be of the same size, the respective sizes of those designations is to be determined by reference to the aggregate number of first preference votes cast, at the last general election of members of the Assembly, for members of the Assembly who, at the relevant time, were—

(a) designated Nationalists (in the case of the political designation “Nationalist”);

(b) designated Unionists (in the case of the political designation “Unionist”); or

(6) If at any time the party which is the largest political party of the largest political designation is not the largest political party—

(a) any nomination to be made at that time under section 16A(4) or 16B(4) shall instead be made by the nominating officer of the largest political party; and

(b) any nomination to be made at that time under section 16A(5) or 16B(5) shall instead be made by the nominating officer of the largest political party of the largest political designation.

(7) Where—

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

(b) the party's period of exclusion (see subsection (12)) under that provision has not come to an end,

subsection (2)(a) above shall have effect as if the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election was nil.

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

(9) Where—

(a) a person nominated by the nominating officer of a political party ceased to hold office as First Minister or deputy First Minister as a result of a resolution of the Assembly under section 30(2)...; and

(b) the party's period of exclusion under section 30(2) ... subsequently comes to an end otherwise than by virtue of the dissolution of the Assembly,

the First Minister and the deputy First Minister shall cease to hold office when the party's period of exclusion under that provision comes to an end ....

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

(11) In this section “the relevant time” means the end of the day on which the Assembly first met following its election.

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

(13) Standing orders may make further provision in connection with the making of nominations under sections 16A and 16B.

(14) In this Act “the pledge of office” means the pledge of office which, together with the code of conduct to which it refers, is set out in Schedule 4.

19A

(1) No person may—

(a) be nominated to hold the office of First Minister or deputy First Minister or a Ministerial office to be held by a Northern Ireland Minister,

(d) be nominated under paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 (members of the Northern Ireland Policing Board drawn from the Northern Ireland Assembly),

if he is the holder of a disqualifying office.

(2) A Minister or junior Minister ceases to hold that office on becoming the holder of a disqualifying office.

(3) A person holding office as a member of the Northern Ireland Policing Board in accordance with paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 ceases to hold that office on becoming the holder of a disqualifying office.

(4) In this section “disqualifying office” means—

(a) Minister of the Government of Ireland; or

(b) chairman or deputy chairman of—

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

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

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

21A

(1) An Act of the Assembly that—

(a) establishes a new Northern Ireland department; and

(b) provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions,

may (but need not) make provision of the kind mentioned in subsection (3) , (3A),(4), (5) or (5A).

(3) The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—

(a) made by the First Minister and the deputy First Minister acting jointly; and

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

(3A) The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—

(a) made by one or more members of the Assembly, and

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

(4) The Act may provide for the department to be in the charge of two Northern Ireland Ministers acting jointly.

(5) The Act may provide—

(a) for the department to be in the charge of a Northern Ireland Minister who is supported by a junior Minister; and

(b) for the persons holding those offices to rotate at intervals determined by or under the Act, so that the person who was the Minister in charge of the department becomes the junior Minister and the person who was the junior Minister becomes the Minister.

(5A) The Act may provide—

(a) for the department to be in the charge of a Northern Ireland Minister elected by the Assembly; and

(b) for that Minister to be supported by a deputy Minister elected by the Assembly.

(6) There must not, at any time, be more than one department in relation to which provision of the kind mentioned in any of subsections (3) , (3A),(4) , (5) and (5A) is made by Act of the Assembly , or by Order in Council under subsection (7C).

(7) Schedule 4A (provisions relating to a department with devolved policing and justice functions) shall have effect.

(7A) If it appears to the Secretary of State that there is no reasonable prospect that the Assembly will pass an Act of the kind described in subsection (1)(a) and (b), he may lay before Parliament the draft of an Order in Council which—

(a) establishes a new Northern Ireland department;

(b) provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions;

(c) provides for the department to be in the charge of a Northern Ireland Minister elected by the Assembly and for that Minister to be supported by a deputy Minister elected by the Assembly; and

(d) provides for Part 3A of Schedule 4A to apply in relation to the department (with any necessary modifications).

(7B) The draft of an Order laid before Parliament under subsection (7A) may contain supplementary, incidental, consequential, transitional or saving provision.

(7C) If the draft of an Order laid before Parliament under subsection (7A) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.

(7D) No more than one department may be established by virtue of an Order under subsection (7C).

(8) In this section “devolved policing and justice function” means a function relating to a matter which—

(a) is a transferred matter by virtue of an Order under section 4; and

(b) immediately before the matter became a transferred matter, was a policing and justice matter (within the meaning given by section 4(6)).

Ministerial offices.

21B

(1) This section has effect in relation to—

(a) the first Act of the Assembly to establish a new Northern Ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions but only if the Act makes provision of the kind mentioned in section 21A(5A) (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009) ; or

(b) an Order in Council under section 21A(7C) establishing a new Northern Ireland department.

(2) The Act or the Order may include provision for or in connection with securing that the department is to be treated, for the purposes of section 17, as not having been established until the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”).

(3) The Act or the Order may include provision for or in connection with applying paragraph 11E(3) to (6) of Schedule 4A (with any necessary modifications) to enable elections to be held, before the time of devolution, to select—

(a) a member of the Assembly (“the relevant Minister designate”) to be the person who is to hold the relevant Ministerial office as from the time of devolution; and

(b) a member of the Assembly (“the deputy Minister designate”) to be the person who is to hold the deputy Ministerial office as from that time.

(4) Where the Act or the Order includes provision by virtue of subsection (3), it shall secure that (notwithstanding paragraph 11E(1) of Schedule 4A)—

(a) if the relevant Minister designate affirms the terms of the pledge of office within a specified period after the time of devolution, he shall become the relevant Minister;

(b) if the deputy Minister designate affirms the terms of the pledge of office within that period, he shall (subject to paragraph (c)) become the deputy Minister;

(i) he shall not become the relevant Minister; and

(ii) paragraph 11E(10) and (11) of Schedule 4A shall apply as if the relevant Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2);

(d) if the deputy Minister designate does not affirm the terms of the pledge of office within that period—

(i) he shall not become the deputy Minister; and

(ii) paragraph 11E(10) of Schedule 4A shall apply as if the deputy Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2).

(5) In this section “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

(6) In this section “relevant Minister”, “relevant Ministerial office”, “deputy Minister” and “deputy Ministerial office” have the same meaning as in Part 3A of Schedule 4A.

21C

(1) This section applies if the first Northern Ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions (as defined in section 21A(8)) is established—

(a) by an Act of the Assembly which makes provision of the kind mentioned in section 21A(5A) (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009) ; or

(b) by an Order in Council under section 21A(7C).

(2) Standing orders shall require the committee established by virtue of section 29A to consider the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A.

(3) The committee shall, by no later than two years and ten months after the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”), make a report on the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A—

(a) to the Assembly; and

(b) to the Executive Committee,

and the report must include a recommendation as to whether or not the deputy Ministerial office (see subsection (8)) should be retained.

(4) If before the end of the period of three years beginning with the time of devolution (“the initial period”) the Assembly resolves that the deputy Ministerial office should be abolished at a time specified in the resolution (before the end of the initial period), the Secretary of State shall make an order abolishing the deputy Ministerial office (see subsection (9)) at, or as soon as reasonably practicable after, the time specified.

(5) If—

(a) subsection (4) does not apply; and

(b) the Assembly does not resolve, before the end of the initial period, that the deputy Ministerial office should be retained for an additional period ending after the initial period,

the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of the initial period.

(6) If—

(a) subsection (4) does not apply;

(b) the Assembly resolves that the deputy Ministerial office should be retained for an additional period ending after the initial period or for one or more further additional periods; and

the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of that period.

(7) A resolution of the Assembly under this section shall not be passed without the support of—

(a) a majority of the members voting on the motion for the resolution;

(b) a majority of the designated Nationalists voting; and

(8) In this section “deputy Ministerial office” has the same meaning as in Part 3A of Schedule 4A.

(9) In this section references to an order abolishing the deputy Ministerial office are to an order amending this Act and any other enactment so far as may be necessary to secure that the Northern Ireland Minister in charge of the department for the time being—

(a) is not to be supported by a deputy Minister (within the meaning of Part 3A of Schedule 4A); and

(b) need not belong to the largest or the second largest political designation (within that meaning).

(10) An order under this section—

(a) shall be made by statutory instrument; and

(b) may contain supplementary, incidental, consequential, transitional or saving provision.

Ministerial Code

28A

(1) Without prejudice to the operation of section 24, a Minister or junior Minister shall act in accordance with the provisions of the Ministerial Code.

(2) In this section “the Ministerial Code” means—

(a) the Ministerial Code that becomes the Ministerial Code for the purposes of this section by virtue of paragraph 4 of Schedule 1 to the Northern Ireland (St Andrews Agreement) Act 2006 (as from time to time amended in accordance with this section); or

(b) any replacement Ministerial Code prepared and approved in accordance with this section (as from time to time amended in accordance with this section).

(3) If at any time the Executive Committee—

(a) prepares draft amendments to the Ministerial Code; or

(b) prepares a draft Ministerial Code to replace the Ministerial Code,

the First Minister and deputy First Minister acting jointly shall lay the draft amendments or the draft Code before the Assembly for approval.

(4) A draft Ministerial Code or a draft amendment to the Code—

(a) shall not be approved by the Assembly without cross-community support; and

(b) shall not take effect until so approved.

(5) The Ministerial Code must include provision for requiring Ministers or junior Ministers to bring to the attention of the Executive Committee any matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.

(6) The Ministerial Code must include provision for a procedure to enable any Minister or junior Minister to ask the Executive Committee to determine whether any decision that he is proposing to take, or has taken, relates to a matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.

(7) The Ministerial Code must also include provision as to the procedures of the Executive Committee with respect to—

(a) the taking of decisions; and

(b) consideration by the Committee of decision papers that are to be considered by the North-South Ministerial Council or the British-Irish Council.

(8) The Ministerial Code must in particular provide—

(a) that it is the duty of the chairmen of the Executive Committee to seek to secure that decisions of the Executive Committee are reached by consensus wherever possible;

(b) that, if consensus cannot be reached, a vote may be taken; and

(c) that, if any three members of the Executive Committee require the vote on a particular matter which is to be voted on by the Executive Committee to require cross-community support, any vote on that matter in the Executive Committee shall require cross-community support in the Executive Committee.

(9) The Ministerial Code may include such other provisions as the Executive Committee thinks fit.

(10) Without prejudice to the operation of section 24, a Minister or junior Minister has no Ministerial authority to take any decision in contravention of a provision of the Ministerial Code made under subsection (5).

Power to refer Ministerial decision to Executive Committee

28B

(1) This section applies if 30 members petition the Assembly expressing concern that a decision taken by a Minister or junior Minister (“the Ministerial decision”)—

(a) may have been taken in contravention of section 28A(1); or

(b) relates to a matter of public importance.

(2) But this section does not apply if the Ministerial decision has previously been the subject of a reference under this section.

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