Northern Ireland Act 1998

[^key-d8c8101e0dbb7beef7808602c8b81451]: S. 63 excluded by 1994 c. 9, s. 30A(11)(b) (as inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 23 para. 9)

[^key-d8e35bce878ba053ca5d0227350c4963]: Sch. 3 para. 9 substituted (12.4.2010) by The Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 (S.I. 2010/977), arts. 1(2), 3

[^key-daf5a7fda07800525f26a5bf32ce9651]: Sch. 4A para. 3D(2)(c) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(k)(ii)(aa)

[^key-db1799402b71462e6c8ba8ca626e04f9]: Words in s. 7(1) substituted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 24(2) (with s. 38(3))

[^key-db89c5bbca2c46c4c22b9fbc179b40ef]: Words in s. 48(3) inserted (5.7.2010) by Northern Ireland Assembly Members Act 2010 (c. 16), ss. 2(4), 3(3); S.I. 2010/1726, art. 2

[^key-dc1041ae66c2634dfd728b1f5e482f90]: S. 18(12A)(12B) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(b)(iii)

[^key-dc6a44a29ccb33fcfeecd9e06ebea22b]: Words in s. 30B(1) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(d)(i)

[^key-dd98eb81389652b3afc0248b31cdaf13]: S. 13(5)(b) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 53 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 16, 22)

[^key-de16a85dfc4eed9d96088313a851032a]: S. 96(4A) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 3(5)

[^key-df362e8c6d4fdee85a4c02ac9616b388]: S. 47(4)(4A) substituted for s. 47(4) (5.7.2010) by Northern Ireland Assembly Members Act 2010 (c. 16), ss. 1(5), 3(3) (with s. 1(14)); S.I. 2010/1726, art. 2

[^key-dff75cfdbb7aa263a88d55544f746937]: Word in s. 7(1)(d) omitted (31.12.2020) by virtue of United Kingdom Internal Market Act 2020 (c. 27), ss. 54(3)(a), 59(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(k)

[^key-e0acd829e89372207ef5755cf567ac5f]: Words in Sch. 10 para. 13 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(4); S.R. 2010/113, art. 2, Sch. para. 19(a)

[^key-e0d0edfbbc8481dffc03b224dd60f8ef]: Sch. 4A para. 3D(11)(aa) inserted (8.2.2022) by Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 (c. 2), ss. 2(5)(b), 9 (with s. 4(2)(3))

[^key-e2b3144a1ddcd99c45ff92882b053a1b]: S. 75(3A)(3B) inserted (13.3.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 22(1), 28(1)(f)

[^key-e33b18fb43b9e804cd0ac6b3036f0b3c]: Ss. 78A-78E and cross-heading inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 3 para. 7 (with s. 38(3)); S.I. 2020/1622, reg. 5(i)

[^key-e4ddc7611662d265f3a7da4433f06d3e]: S. 6(2)(d) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 3(2)

[^key-e546a49271ac8a109cf5afd42e230d4e]: S. 30B(3)(a) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(d)(iii)

[^key-e88e0d96603e7b9774d5c93215587c07]: S. 32(1A) inserted (8.2.2022) by Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 (c. 2), ss. 3(3), 9 (with s. 4(4))

[^key-e8926270318a5d1fbe3bcae498cf1c45]: S. 7(2A)(ba) substituted for s. 7(2A)(a)(b) (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 24(3) (with s. 38(3))

[^key-e8d2a05839aaedd88698ff11534ed220]: Sch. 3 para. 9(1)(g) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 63; S.I. 2013/1682, art. 3(v)

[^key-eb5a8ae69b851a4785fc1f8dcd9d94fb]: Words in s. 71(2) inserted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 5; S.R. 2010/113, art. 2, Sch. para. 19(a)

[^key-eddb08fefcdaddfca7078463cd177661]: S. 51A(9)(b) and preceding word omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(h)(ii)

[^key-ee1d954ca4272319a3186e12ce824f8b]: Word in s. 53(3)(b) inserted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 6(5), 28(4)

[^key-eee0148a744b247186f3f1dcee13553d]: S. 76(7)(fa) repealed (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 9

[^key-efc99b5ba570fccd8b9268bdbc47b1ef]: Words in s. 37(1)(a) inserted (5.5.2016 unless the Northern Ireland Assembly is dissolved at an earlier date) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 3(3)(a), 28(6)

[^key-f0f3c6a7deb14fbdfdcd538e74f622b5]: S. 47(2A)(2B) inserted (5.7.2010) by Northern Ireland Assembly Members Act 2010 (c. 16), ss. 1(3), 3(3) (with s. 1(14)); S.I. 2010/1726, art. 2

[^key-f21e4a960c0020f0b5ae675d5ea689fd]: S. 20(7)-(9) inserted (N.I.) (26.8.2020) by Executive Committee (Functions) Act (Northern Ireland) 2020 (c. 4), ss. 1(4), 2

[^key-f3b422399170b057b7d4daa9e379eb6c]: Sch. 3 para. 15A omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 (S.I. 2010/977), arts. 1(2), 8(4)

[^key-f486e5f9b891350a2ad7723e536ad5f3]: Words in s. 16C(9) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(iv)

[^key-f56e31383c29fee8489ced0bc9b20c70]: Words in s. 16C(9)(a) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(ii)

[^key-f5d6756ec4fbce895b8032702c895c31]: S. 47(5) omitted (5.7.2010) by virtue of Northern Ireland Assembly Members Act 2010 (c. 16), ss. 1(4), 3(3); S.I. 2010/1726, art. 2

[^key-f8eb2ff4e5f8b030e70b5a8adca441ae]: S. 20(5)(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 23 (with arts. 28-31)

[^key-f94872507e414e139a80e7297152c251]: Words in s. 14(2)(a) inserted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 1(4); S.R. 2010/113, art. 2, Sch. para. 19(a)

[^key-f9b8f3f47e9c842dccd0b26c4934ce16]: S. 75(3)(cf) repealed (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 9

[^key-fa5239d62ad79f0bb805b7b1f03479d3]: S. 4(3A)(3B) inserted (13.5.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 10(5), 28(4)

[^key-fcfeda5666ac4f9f24baa6a1a5402e12]: S. 36(1) applied (20.2.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 1 para. 3(3)

[^key-fd7572ba6286df60d91084c82a0bba71]: Sch. 4A para. 3D(4A) inserted (27.9.2014) by Northern Ireland (Miscellaneous Provisions) Act 2014 (c. 13), ss. 8(6), 28(7); S.I. 2014/2613, art. 2(1)(a)

[^key-ffba3e015302e2a7cb65858aa939fbdf]: S. 47(3) omitted (5.7.2010) by virtue of Northern Ireland Assembly Members Act 2010 (c. 16), ss. 1(4), 3(3); S.I. 2010/1726, art. 2

[^M_C_64e0c089-8cee-4fcf-f216-4fbcc97b4da2]: S. 16A(3A) modified (6.12.2022) by Northern Ireland (Executive Formation etc) Act 2022 (c. 48), ss. 1, 14(2) (as amended by S.I. 2022/1296, regs. 1(2), 2(2))

[^M_C_97c8c415-27a5-401a-e1b0-09d4ef9f3607]: S. 16A(3) modified (retrospective to 2.3.2017) by Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 (c. 28), s. 1(1)(2)

[^M_F_4f612d6a-aab0-4e0e-9978-c841e4c53b78]: Words in s. 30(7) inserted (1.4.2011) by Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(c)(iii)(aa)

[^M_F_58d1b8de-8481-49e2-fe5f-fb8a70f69379]: Words in Sch. 10 para. 4(2) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(2)(b); S.R. 2010/113, art. 2, Sch. 19(a)

[^M_F_726b61ed-be4f-4d2a-8088-959464a538e7]: S. 96(4B)(4C) inserted (6.12.2022) by Identity and Language (Northern Ireland) Act 2022 (c. 45), ss. 9(1), 10(1)

[^M_F_9d15c379-6f58-4f33-ef65-a76fff9eff72]: Words in s. 47C title substituted (1.4.2011) by Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(f)(iii)

[^M_F_bd94591f-b024-4e2e-d74f-a42bdc07aaef]: Words in Sch. 10 para. 39(2) substituted (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), art. 1(2), Sch. 4 para. 14 (with art. 45); S.R. 2015/194, art. 2, Sch. (with art. 3)

[^key-d140309c3f10361b43dad87aef02e2e1]: Act modified (28.2.2023) by 2022 c. 48, s. 1A (as inserted by Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 (c. 4), ss. 1(3), 3(3))

[^key-cdba7888aab7fd18ed45a3aae376a7cf]: Act modified (6.12.2022) by Northern Ireland (Executive Formation etc) Act 2022 (c. 48), ss. 1, 14(2) (as amended by S.I. 2022/1296, regs. 1(2), 2(2); (28.2.2023) by 2023 c. 4, s. 1(2)(b), 3(3); and (25.1.2024) by 2024 c. 2, ss. 1, 2(2))

[^key-e1d4bad551c16955ee8e7521d55ff5e4]: S. 44(1) restricted (22.5.2023) by Identity and Language (Northern Ireland) Act 2022 (c. 45), ss. 7(4), 10(2) (with s. 7(5)); S.I. 2023/566, reg. 2(h)

[^key-518531bac97c16fb5ea8de56d8815000]: Sch. 9A inserted (22.5.2023) by Identity and Language (Northern Ireland) Act 2022 (c. 45), s. 10(2), Sch. 1; S.I. 2023/566, reg. 2(b)

[^key-a6e9c78cfaeeba8d2d798ae3477d9b9e]: Sch. 9B inserted (22.5.2023) by Identity and Language (Northern Ireland) Act 2022 (c. 45), s. 10(2), Sch. 2; S.I. 2023/566, reg. 2(d)

[^key-6b46e730769964005706cd88d4a7d327]: Sch. 9C inserted (22.5.2023) by Identity and Language (Northern Ireland) Act 2022 (c. 45), s. 10(2), Sch. 3; S.I. 2023/566, reg. 2(f)

[^key-dc2d0143200a75d61048bcd2702c7062]: S. 67A inserted (24.5.2023) by Northern Ireland (Interim Arrangements) Act 2023 (c. 21), ss. 4(1), 6 (with s. 4(2))

[^key-72e368371c2d6ef76e98675eda3a2b7c]: Word in s. 44(4) inserted (24.5.2023) by Northern Ireland (Interim Arrangements) Act 2023 (c. 21), ss. 3(a), 6

[^key-e3baac0d644a1ae909142c8565d60c52]: S. 44(4)(b) and word inserted (24.5.2023) by Northern Ireland (Interim Arrangements) Act 2023 (c. 21), ss. 3(b), 6

[^key-f1300f9e2f7387399fb334a3bce97372]: Words in s. 37(4) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 5(2)(a); S.I. 2023/1145, reg. 3(k)

[^key-f20f909a47f6e970e3204fbfeb4c6ce4]: Words in s. 37(4) substituted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 5(2)(b); S.I. 2023/1145, reg. 3(k)

[^key-d43ce277ccc15c9c1f97bc01dc54bdcf]: S. 75(3)(ba) inserted (1.12.2023) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 13 para. 2(2) (with s. 61)

[^key-b8f202664523240c895b3e192491ed48]: S. 76(7)(ca) inserted (1.12.2023) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 13 para. 2(3) (with s. 61)

[^key-ac4edff0dcc1de5e4c0316753fc3da34]: Words in s. 27(1)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 4(a) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

[^key-9a3136ffdf023a0c3680e4340d639b6f]: Word in s. 27(2) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 4(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

[^key-75e236544eabce29e06b761e6e351116]: Words in s. 27(4A) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 4(c) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

[^key-9d6b0a93a09bfbcfd06346a8f932215a]: Words in Pt. 5A heading substituted (2.2.2024) by The Windsor Framework (Democratic Scrutiny) Regulations 2024 (S.I. 2024/118), regs. 1(2), 2(2)

[^key-537005b2aed915f1f22ca629abaa4de5]: S. 56B inserted (2.2.2024) by The Windsor Framework (Democratic Scrutiny) Regulations 2024 (S.I. 2024/118), regs. 1(2), 2(3)

[^key-e7502b16b82fd0343aa18bfd9b1c81b6]: Sch. 6B inserted (2.2.2024) by The Windsor Framework (Democratic Scrutiny) Regulations 2024 (S.I. 2024/118), reg. 1(2), Sch.

[^key-5e89779537e5947f822f4438d2d0e6da]: Sch. 6A para. 21(2A)-(2G) inserted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(b)

[^key-88fbc981c6148928adf5a3c0a2bfe4d0]: Sch. 6A para. 21(4) inserted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(d)

[^key-af65eee9bdd0b180e78bee13d23d25ab]: Words in Sch. 6A para. 21(2) substituted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(a)

[^key-ce3b608cba11fe7d91bfd473c935fb6c]: Words in Sch. 6A para. 21(3) substituted (20.2.2024) by The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 (S.I. 2024/164), regs. 1(2), 4(2)(c)

[^key-f7b54e0a6a48d112e789a558ba54538c]: S. 44(1) restricted (12.4.2024) by The Windsor Framework (Implementation) Regulations 2024 (S.I. 2024/404), regs. 1(2), 7(2)

[^key-281cd3623663dd614b958ba94d530041]: Words in s. 36(7) substituted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 10(3); S.I. 2023/1145, regs. 3(i)(v), 5(b) (with saving in S.I. 2024/319, regs. 1(4), 16, 17)

[^key-58ae7e87e66e5dde68305765eece4a55]: S. 36(4A) inserted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 10(2); S.I. 2023/1145, regs. 3(i)(v), 5(b) (with saving in S.I. 2024/319, regs. 1(4), 16, 17)

[^key-bdb52c33e34273b0466de78a9e3075fc]: S. 36(8) inserted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 10(4); S.I. 2023/1145, regs. 3(i)(v), 5(b) (with saving in S.I. 2024/319, regs. 1(4), 16, 17)

[^key-0db22ce6e11f19a12e2c194a698c57ec]: Pt. 7A inserted (22.5.2023 for the insertion of s. 78G, 29.1.2026 for the insertion of ss. 78F and 78H(1)(2)(3)(a)-(c)(e)(4) and otherwise prosp.) by Identity and Language (Northern Ireland) Act 2022 (c. 45), ss. 1(1), 10(2); S.I. 2023/566, reg. 2(a); S.I. 2026/75, reg. 2(a)

[^key-99cbc350ecb74a289e49a19243f0910b]: Pt. 7B inserted (22.5.2023 for the insertion of s. 78K, 29.1.2026 for the insertion of ss. 78J(1)(a)(b)(2)(3), 78L(1)(2)(a)(3)-(5), 78M, 78N and 78Q and otherwise prosp.) by Identity and Language (Northern Ireland) Act 2022 (c. 45), ss. 2(1), 10(2); S.I. 2023/566, reg. 2(c); S.I. 2026/75, reg. 2(b)

[^key-145308a3169213e3a8178c6e79732ee5]: Pt. 7C inserted (22.5.2023 for the insertion of s. 78R, 29.1.2026 for the insertion of ss. 78S(1)(2)(a)(b)(3)-(8) and 78U and otherwise prosp.) by Identity and Language (Northern Ireland) Act 2022 (c. 45), ss. 3(1), 10(2); S.I. 2023/566, reg. 2(e); S.I. 2026/75, reg. 2(c)

Vacancies in the office of First Minister or deputy First Minister

Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy Ministerial office

Secretary of State’s powers in exceptional circumstances

Pensions of members.

Censure resolutions

Removal of restrictions on investigation into maladministration.

Functions of the Office of Identity and Cultural Expression

Ministers must at all times:

Provision for entrenching enactments

Savings for existing laws.

Introduction

Review of operation of sections 16A to 16C

Secretary of State’s powers in relation to exclusion

Secretary of State’s powers in relation to exclusion

Pensions of members.

Functions of the Commissioner

Ministers must at all times:

The Tribunal.

Effect of certificates.

Censure resolutions

Meaning of “public authority”

Ministers must at all times:

Effect of certificates.

Land purchase annuities etc.

Sections 52A and 52B: supplementary

Meaning of “public authority”

Ministers must at all times:

Modification of section 16A

Introduction

Investigations: places of detention

Investigations: places of detention

The Joint Authority.

To pledge:

Paragraph 6 of the St Andrews Agreement says: We believe that the essential elements of support for law and order include endorsing fully the Police Service of Northern Ireland and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions, including the Policing Board.

Ministers must at all times:

Section 19 not to apply to deputy Minister

Section 19 not to apply to deputy Minister

Investigations: places of detention

Ministers must at all times:

Introduction

Land purchase annuities etc.

Ministers must at all times:

Section 18 not to apply to relevant Minister

Section 18 not to apply to relevant Minister

Effect of certificates.

Ministers must at all times:

Introduction

Section 18 not to apply to relevant Minister

Ministers must at all times:

Section 18 not to apply to relevant Minister

29C

Standing orders shall require one of the committees established by virtue of section 29 or the committee established by virtue of section 29A—

• (a) to review the operation of the amendments made by Schedules 2 to 5 to the Northern Ireland Act 2009,

• (b) to report on its review by a specified date that is before 1 May 2012, and

• (c) to include in its report any recommendations it has for changes to the way in which judicial office holders are appointed and removed.

21A

The office and functions of the Advocate General for Northern Ireland.

9A

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

15A

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

2A

• (1) The Lord Chancellor may only appoint persons to the Tribunal who have been selected by the Northern Ireland Judicial Appointments Commission as follows.

• (2) The Lord Chancellor may at any time by notice require the Commission to select a person for appointment.

• (3) The Commission must then select a person for appointment and notify the Lord Chancellor accordingly.

• (4) The Lord Chancellor must then appoint the selected person.

• (5) Section 5A of, and Part 4 of Schedule 3 to, the Justice (Northern Ireland) Act 2002 apply for the purposes of selections under this paragraph as they apply for the purposes of selections under that Schedule.

9C

The operation of the Small Charitable Donations Act 2012.

7A

• (1) The Assembly shall not pass a relevant Bill without cross-community support.

• (2) In this section—

• “pass”, in relation to a Bill, means pass at the stage in the Assembly's proceedings at which the Bill falls finally to be passed or rejected;

• “relevant Bill” means a Bill containing a provision which deals with a matter falling within a description specified in paragraph 7A of Schedule 3 (size of Assembly).

7A

The alteration of the number of members of the Assembly returned for each constituency.

41A

• (1) The division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts.

• (2) The determination of the names of district electoral areas.

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

10C

The operation of the Childcare Payments Act 2014.

3E

• (1) Where the first condition or the second condition is met—

• (a) all the Northern Ireland Ministers other than the relevant Minister cease to hold office, and

• (b) those Ministerial offices must be filled by applying section 18(2) to (6) within a period specified in standing orders.

• (2) The first condition is that—

• (a) the relevant Minister ceased to hold office by virtue of paragraph 3D(1)(a), and the office was filled by virtue of paragraph 3D(1)(b),

• (b) paragraph 3D(1) applied because a resolution was passed under section 30(2) which caused no Ministerial office other than the relevant Ministerial office to become vacant, and

• (c) as a result of the events mentioned in paragraph (a) the total number of Ministerial offices held by members of a political party increased or decreased.

• (3) The second condition is that—

• (a) the relevant Minister (“the former Minister”) ceased to hold office otherwise than by virtue of paragraph 3D(1)(a), and the office was filled by virtue of paragraph 3D(14), and

• (b) as a result of the events mentioned in paragraph (a) the total number of Ministerial offices held by members of a political party increased or decreased.

• (4) But the second condition is not met where—

• (a) the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under paragraph 3D(11)(ba),

• (b) immediately before the office was filled there was at least one eligible member of the nominating officer's political party, and

• (c) each such eligible member failed to fill the office for one or other of the following reasons.

• (5) Those reasons are—

• (a) that one or more members of the Assembly sought to nominate the eligible member for the office, but consent to the nomination was not given by the nominating officer in accordance with paragraph 3D(4A);

• (b) that the eligible member was nominated for the office but did not take it up within the period specified in standing orders under paragraph 3D(7)(a).

• (6) References in this paragraph to an eligible member of a political party are to a member of that party who is also a member of the Assembly, but do not include the former Minister.

Modification of section 16A

Section 19 not to apply to deputy Minister

40A

• (1) A member of the Assembly shall not—

• (a) participate in any proceedings of the Assembly, or

• (b) have any of the other rights and privileges enjoyed by members of the Assembly who have taken their seats,

until he or she has given the following undertaking:

I undertake: — to support the rule of law unequivocally in word and deed and to support all efforts to uphold it; — to work collectively with the other members of the Assembly to achieve a society free of paramilitarism; — to challenge all paramilitary activity and associated criminality; — to call for, and to work together with the other members of the Assembly to achieve, the disbandment of all paramilitary organisations and their structures; — to challenge paramilitary attempts to control communities; — to support those who are determined to make the transition away from paramilitarism; — to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment.

• (2) Standing orders shall provide for the procedure for giving the undertaking.

• (3) The procedure may not specify a day or period of time after which members are prohibited from giving the undertaking.

• (4) Subsection (1) applies to a person on each occasion when he or she becomes a member of the Assembly.

9D

Bonuses under the Savings (Government Contributions) Act 2017.

6A

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

96A

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

Ministers must at all times:

PART 5A — EU WITHDRAWAL: Democratic Consent and Scrutiny

56A

Schedule 6A (EU Withdrawal: democratic consent process) has effect.

Modification of section 16A

SCHEDULE 6A

PART 1 — General

1

• (1) Part 2 of this Schedule requires the Secretary of State to initiate the democratic consent process in relation to each new continuation period.

• (2) Part 3 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the default democratic consent process referred to in paragraphs 3 and 4 of the unilateral Declaration.

• (3) Part 4 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the alternative democratic consent process referred to in paragraphs 5 and 6 of the unilateral Declaration.

• (4) Part 5 of this Schedule makes provision about procedural matters and the outcome of the democratic consent process.

• (5) Part 6 of this Schedule makes provision about an independent review into the functioning of the Protocol.

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

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

• (8) In this Schedule—

• “alternative democratic consent process” means the democratic consent process established by Part 4 of this Schedule;

• “default democratic consent process” means the democratic consent process established by Part 3 of this Schedule;

• “democratic consent process” means the process by which—democratic consent in Northern Ireland to the continued application of Articles 5 to 10 of the Protocol is to be sought, anda decision expressing that democratic consent is to be made;

• “notification of the start of the democratic consent process” has the meaning given in paragraph 4;

• “Protocol” means the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement;

• “unilateral Declaration” means the declaration by Her Majesty’s Government concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol made on 17 October 2019.

2

• (1) In this Schedule “consent resolution” means a resolution of the Assembly in this form—

That Articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement should continue to apply during the new continuation period (within the meaning of Schedule 6A to the Northern Ireland Act 1998).

• (2) This Schedule ceases to apply at the end of a particular current period if—

• (a) by that time, the Assembly has decided the question on a motion for a consent resolution which relates to the new continuation period, but

• (b) the Assembly did not pass the consent resolution.

3

• (1) In this Schedule—

• “continuation period” means—the period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the initial period;each subsequent period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the preceding continuation period;

• “current period”, in relation to a new continuation period, means—the initial period, in the case where that period immediately precedes the new continuation period, orthe continuation period which immediately precedes the new continuation period, in any other case;

• “initial period” means the period of four years that begins with the day that follows IP completion day;

• “new continuation period” means, at any particular time, the first continuation period that is to begin after that time.

• (2) The duration of a continuation period is to be—

• (a) four years if the consent resolution which relates to that continuation period was passed by a majority of the members voting but not with cross-community support;

• (b) eight years if the consent resolution which relates to that continuation period was passed with cross-community support.

• (3) In this Schedule, a period set out in an entry in the first column of this table has the meaning given in the corresponding entry in the second column of the table—

Period	Meaning
“final two months of the current period”	the period of two months ending with the last day of that current period
“final one month of the current period”	the period of one month ending with the last day of that current period
“final 25 days of the current period”	the period of 25 days ending with the last day of that current period
“final 15 days of the current period”	the period of 15 days ending with the last day of that current period
“final 5 days of the current period”	the period of 5 days ending with the last day of that current period

PART 2 — Duty of Secretary of State to initiate the democratic consent process

4

• (1) The Secretary of State must give a notification of the start of the democratic consent process in relation to each new continuation period.

• (2) The notification relating to a new continuation period must be given on the day immediately before the start of the final two months of the current period.

• (3) The notification must be given in accordance with Part 3 (if that Part is applicable) or Part 4 (if that Part is applicable).

• (4) The “notification of the start of the democratic consent process” that relates to a new continuation period is a written notification that—

• (a) states the date of the first day of the new continuation period, and

• (b) states that, before that date, Her Majesty’s Government in the United Kingdom must notify the European Commission of the outcome of the democratic consent process established by this Schedule in relation to the continued application of Articles 5 to 10 of the Protocol during the new continuation period.

PART 3 — Default Democratic Consent Process

5

This Part applies if the First Minister and the deputy First Minister hold office (including if another Northern Ireland Minister is exercising the functions of either office in accordance with section 16A(11)) at the beginning of the day on which the Secretary of State is required to give the notification of the start of the democratic consent process in relation to a new continuation period.

6

• (1) The Secretary of State must give the notification of the start of the democratic consent process to—

• (a) the First Minister and the deputy First Minister, and

• (b) the Presiding Officer.

• (2) The notification of the start of the democratic consent process must state that the default democratic consent process applies.

7

On receipt of a notification of the start of the democratic consent process under this Part, the Presiding Officer must take such steps as the Presiding Officer considers necessary to bring the notification to the attention of the members of the Assembly.

8

• (1) This paragraph applies where the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period.

• (2) Before the start of the final one month of the current period, the First Minister and the deputy First Minister acting jointly may table notice of a motion for a consent resolution which relates to the new continuation period.

• (3) No other member of the Assembly may table notice of a motion for a consent resolution which relates to the new continuation period before the final one month of the current period.

• (4) If they have tabled notice of a motion under this paragraph, the First Minister and the deputy First Minister acting jointly must provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question.

9

• (1) This paragraph applies where—

• (a) the Secretary of State gives a notification of the democratic consent process under this Part in relation to a new continuation period, and

• (b) before the start of the final one month of the current period, the First Minister and the deputy First Minister acting jointly have not tabled notice of a motion for a consent resolution which relates to the new continuation period.

• (2) Before the start of the final 25 days of the current period, any member of the Assembly may table notice of a motion for a consent resolution which relates to the new continuation period.

• (3) Sub-paragraph (2) does not prevent any other members of the Assembly—

• (a) from adding their names to the notice of the motion that has been tabled, or

• (b) having done so, from moving the motion,

in accordance with the standing orders or practice of the Assembly.

• (4) If a member of the Assembly has tabled notice of a motion for a consent resolution in accordance with sub-paragraph (2), the Secretary of State must take reasonable steps to provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question.

10

• (1) This paragraph applies if—

• (a) notice of a motion for a consent resolution which relates to the new continuation period has been tabled by the First Minister and deputy First Minister acting jointly in accordance with paragraph 8(2), or

• (b) notice of a motion for a consent resolution which relates to the new continuation period has been tabled by a member of the Assembly in accordance with paragraph 9(2),

and, before the start of the final 15 days of the current period, the question on that motion is not decided by the Assembly.

• (2) The Assembly must sit at noon on the required sitting day (whether or not the Assembly would otherwise be sitting on that day or at that time, and whether or not that day falls during a recess).

• (3) The motion for the consent resolution is to be proceeded with in the Assembly on the required sitting day—

• (a) as the first business on that day; or

• (b) where the election of the Presiding Officer or any deputy or deputies is, by virtue of this Act, any other enactment or the standing orders of the Assembly, required to be the first business on that day, as the first business after the election of the Presiding Officer or deputy or deputies.

• (4) The Presiding Officer must move the motion for the consent resolution if no other member of the Assembly moves it when it is required to be proceeded with in accordance with sub-paragraph (3).

• (5) The question on the motion for the consent resolution (if not already put) is to be put—

• (a) at 6:00pm on the required sitting day, if the motion is proceeded with as the first business on the required sitting day (in accordance with sub-paragraph (3)(a));

• (b) six hours after the motion is moved, if the motion is proceeded with as the first business after the election of the Presiding Officer or the deputy or deputies on the required sitting day (in accordance with sub-paragraph (3)(b)).

• (6) The Assembly may not be adjourned on the required sitting day until after the declaration of the result of the division or vote on the question on the motion for the consent resolution.

• (7) Accordingly, no motion for the adjournment of the debate on the motion for the consent resolution, or of the Assembly, may be taken on the required sitting day until after the declaration of that result.

• (8) If the question on the motion for the consent resolution is not put as required by sub-paragraph (5), and is not put at any later time on the required sitting day, then—

• (a) the earliest day after that day that is not an excluded day is to be regarded as the required sitting day for the purposes of this paragraph, and

• (b) sub-paragraphs (2) to (7) and this sub-paragraph are to apply again accordingly.

• (9) In this paragraph—

• “excluded day” means—Saturday,Sunday,Christmas Day,Good Friday, andany day that is a public holiday in Northern Ireland;

• “required sitting day” means the earliest day during the final 15 days of the current period that is not an excluded day.

PART 4 — Alternative democratic consent process

11

This Part applies if the offices of the First Minister and the deputy First Minister are vacant (and their functions are not otherwise being exercised by another Northern Ireland Minister in accordance with section 16A(11)) at the beginning of the day on which the Secretary of State is required to give the notification of the start of the democratic consent process in relation to a new continuation period.

12

• (1) The Secretary of State must give the notification of the start of the democratic consent process to —

• (a) the Presiding Officer, and

• (b) the clerk to the Assembly.

• (2) The notification of the start of the democratic consent process must state that the alternative democratic consent process applies.

• (3) As soon as practicable after giving notice under sub-paragraph (1), the Secretary of State must take reasonable steps to provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question on the motion for a consent resolution.

• (4) In this paragraph “the clerk to the Assembly” means the person who holds or exercises the functions of that office in accordance with the standing orders or practice of the Assembly.

13

On receipt of a notification of the start of the democratic consent process under this Part, the Presiding Officer must take such steps as the Presiding Officer considers necessary to bring the notification to the attention of the members of the Assembly.

14

• (1) Where the Secretary of State has given a notification of the start of the democratic consent process under this Part in relation to a new continuation period, any member of the Assembly may table notice of a motion for a consent resolution which relates to the new continuation period.

• (2) Sub-paragraph (1) does not prevent any other members of the Assembly—

• (a) from adding their names to the notice of the motion that has been tabled, or

• (b) having done so, from moving the motion,

in accordance with the standing orders or practice of the Assembly.

15

• (1) This paragraph applies in either of the following cases.

• (2) Case A is where—

• (a) the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period, and

• (b) before the start of the final one month of the current period, no member of the Assembly has tabled notice of a motion for a consent resolution which relates to the new continuation period.

• (3) Case B is where—

• (a) the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period,

• (b) before the start of the final one month of the current period, a member of the Assembly tables notice of a motion for a consent resolution which relates to the new continuation period, and

• (c) before the start of the final 25 days of the current period, the question on that motion is not decided by the Assembly.

• (4) The Assembly must sit at noon on the required sitting day (whether or not the Assembly would otherwise be sitting on that day, or at that time, and whether or not that day falls during a recess).

• (5) If, before the start of the required sitting day, a member of the Assembly has not tabled notice of a motion for a consent resolution which relates to the new continuation period, the Presiding Officer must table such a motion.

• (6) Sub-paragraph (5) does not prevent any other members of the Assembly—

• (a) from adding their names to the notice of the motion that has been tabled as soon as practicable on that day, or

• (b) having done so, from moving the motion,

in accordance with the standing orders or practice of the Assembly.

• (7) The fact that a motion tabled by the Presiding Officer in accordance with sub-paragraph (5) is tabled on the required sitting day does not prevent the motion from being proceeded with on that day in accordance with this paragraph.

• (8) The motion for the consent resolution is to be proceeded with in the Assembly on the required sitting day—

• (a) as the first business on that day; or

• (b) where the election of the Presiding Officer or any deputy or deputies is, by virtue of this Act, any other enactment or the standing orders of the Assembly, required to be the first business on that day, as the first business after the election of the Presiding Officer or deputy or deputies.

• (9) The Presiding Officer must move the motion for the consent resolution if no other member of the Assembly moves it when it is required to be proceeded with in accordance with sub-paragraph (8).

• (10) The question on the motion for the consent resolution (if not already put) is to be put—

• (a) at 6:00pm on the required sitting day, if the motion is proceeded with as the first business on the required sitting day (in accordance with sub-paragraph (8)(a));

• (b) six hours after the motion is moved, if the motion is proceeded with as the first business after the election of the Presiding Officer or the deputy or deputies on the required sitting day (in accordance with sub-paragraph (8)(b)).

• (11) The Assembly may not be adjourned on the required sitting day until after the declaration of the result of the division or vote on the question on the motion for the consent resolution.

• (12) Accordingly, no motion for the adjournment of the debate on the motion for the consent resolution, or of the Assembly, may be taken on the required sitting day until after the declaration of that result.

• (13) If the question on the motion for the consent resolution is not put as required by sub-paragraph (10), and is not put at any later time on the required sitting day, then—

• (a) the earliest day after that day that is not an excluded day is to be regarded as the required sitting day for the purposes of this paragraph, and

• (b) sub-paragraphs (4) to (12) and this sub-paragraph are to apply again accordingly.

• (14) This paragraph has effect subject to paragraph 16.

• (15) In this paragraph and paragraph 16—

• “excluded day” means—Saturday,Sunday,Christmas Day,Good Friday, andany day that is a public holiday in Northern Ireland;

• “required sitting day” means the earliest day during the final 25 days of the current period that is not an excluded day.

16

• (1) This paragraph applies if on the required sitting day—

• (a) the election of a Presiding Officer or any deputy or deputies is, by virtue of this Act, any other enactment or the standing orders of the Assembly, required to be the first business on that day, and

• (b) the Assembly does not elect from among its members a Presiding Officer or any deputy or deputies.

• (2) The Assembly must elect from among its members an interim Presiding Officer.

• (3) Neither section 39 nor section 42 applies to the election of the interim Presiding Officer (nor is the election of any deputy or deputies required).

• (4) Accordingly, the interim Presiding Officer is to be elected by a majority of those members of the Assembly voting.

• (5) The proceedings for the election of an interim Presiding Officer are to be chaired by the oldest member of the Assembly present.

• (6) But if the oldest member present is also seeking election as interim Presiding Officer then the next oldest member present is to chair the proceedings instead, and so on.

• (7) An interim Presiding Officer—

• (a) holds office only for the purposes of business relating to a motion for a consent resolution which relates to the new continuation period, and

• (b) ceases to hold office once written notification of the matters mentioned in paragraph 19(2) has been given to the Secretary of State.

• (8) Standing orders may make further provision in connection with the election of an interim Presiding Officer.

• (9) In its application in a case where this paragraph applies, paragraph 15 has effect as if—

• (a) the following were substituted for paragraph 15(8)—

(8) The motion for the consent resolution is to be proceeded with as the first business after the election of the interim Presiding Officer.

;

• (b) the reference to the Presiding Officer in paragraph 15(9) were a reference to the interim Presiding Officer;

• (c) the following were substituted for paragraph 15(10)—

(10) The question on the motion for the consent resolution (if not already put) is to be put six hours after the motion is moved.

.

• (10) In sub-paragraph (1) the reference to “the required sitting day” is to the first such day.

PART 5 — Procedural Matters and Outcome

17

This Part applies in relation to any motion for a consent resolution whether the default democratic consent process or the alternative democratic consent process is applicable.

18

• (1) A motion for a consent resolution is to be decided without amendment.

• (2) The question on a motion for a consent resolution is to be decided by a majority of those members of the Assembly voting.

• (3) Where a consent resolution is passed by a majority of the members voting, the Presiding Officer must—

• (a) determine whether the resolution has also been passed with cross-community support; and

• (b) announce the determination of that question.

• (4) For provision about the consequences of a consent resolution also being passed with cross-community support, see paragraph 3(2).

• (5) Section 42 does not apply in relation to a motion for a consent resolution.

• (6) Once the Assembly has decided the question on a motion for a consent resolution which relates to a continuation period (whether the Assembly has passed the motion or not), further notice of a motion for a consent resolution which relates to that continuation period may not be tabled, or if already tabled, may not be proceeded with.

• (7) A reference in this paragraph or in paragraph 19 or 20 to the Presiding Officer has effect as a reference to the interim Presiding Officer if a person is holding that office in accordance with paragraph 16.

19

• (1) This paragraph applies when the Assembly decides the question on a motion for a consent resolution which relates to a new continuation period.

• (2) The Presiding Officer must give the Secretary of State written notification of the following matters—

• (a) whether or not the Assembly passed the consent resolution;

• (b) if the Assembly passed the consent resolution, whether the Assembly passed it—

• (i) by a majority of the members voting but not with cross-community support, or

• (ii) with cross-community support.

• (3) The notification must be given before the start of the final 5 days of the current period.

20

• (1) This paragraph applies when the Presiding Officer gives the Secretary of State the notification required by paragraph 19 in relation to a motion for a consent resolution which relates to a new continuation period.

• (2) The Secretary of State must give the European Commission written notification of the following matters—

• (a) whether or not the Assembly passed the consent resolution;

• (b) if the Assembly passed the consent resolution, whether the Assembly passed it—

• (i) by a majority of the members voting but not with cross-community support, or

• (ii) with cross-community support.

• (3) The notification must be given on or before the final day of the current period.

PART 6 — Independent Review

21

• (1) This paragraph applies where the Presiding Officer notifies the Secretary of State that the Assembly has passed a consent resolution by a majority of the members voting but not with cross-community support.

• (2) Within one month of receiving the notification, the Secretary of State must commission an independent review into the functioning of the Protocol in accordance with paragraphs 7 to 9 of the unilateral Declaration.

• (2A) The review may include consideration of any effect of the Windsor Framework in the withdrawal agreement on—

• (a) the constitutional status of Northern Ireland, and

• (b) the operation of the single market in goods and services between Northern Ireland and the rest of the United Kingdom.

• (2B) The person commissioned by the Secretary of State to carry out the review must provide to the Secretary of State a report of its conclusions no later than six months after having been commissioned.

• (2C) Upon receipt of a report by the Secretary of State in accordance with sub-paragraph (2B), a Minister of the Crown must—

• (a) lay a copy of that report before Parliament, and

• (b) transmit a copy of that report to the Presiding Officer.

• (2D) The Presiding Officer must lay before the Assembly a copy of any report received in accordance with sub-paragraph (2C)(b).

• (2E) A Minister of the Crown must raise in the Joint Committee any issues raised or recommendations made by a report received by the Secretary of State in accordance with sub-paragraph (2B).

• (2F) No later than six months after receiving the report, the Secretary of State must publish a written response to any recommendations made by that report.

• (2G) A response published in accordance with sub-paragraph (2F) must contain information about the Secretary of State’s response to any representations made about the report—

• (a) by either House of Parliament or a committee thereof, or

• (b) by the Assembly.

• (3) The reference in sub-paragraph (1) to the Presiding Officer has effect as a reference to the interim Presiding Officer if a person is holding that office in accordance with paragraph 16.

• (4) In this paragraph, “Joint Committee” has the same meaning as in the European Union (Withdrawal) Act 2018.

Protections deriving from EU withdrawal agreement

78A

• (1) The Northern Ireland Human Rights Commission must monitor the implementation of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (a) research, and

• (b) educational activities.

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

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

78B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (a) research, and

• (b) educational activities.

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

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

78C

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

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

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

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

78D

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

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

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

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

• (c) that there are other special circumstances which make it appropriate for the Commission to provide assistance.

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

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

• (b) arrange for the provision of legal representation;

• (c) provide any other assistance which it thinks appropriate.