Northern Ireland Act 1998

1. Introductory Text

2. Part I Preliminary

   1. 1. Status of Northern Ireland.

   2. 2. Previous enactments.

   3. 3. Devolution order.

   4. 4. Transferred, excepted and reserved matters.

3. Part II Legislative Powers

   1. General

      1. 5. Acts of the Northern Ireland Assembly.

      2. 6. Legislative competence.

      3. 6A. Restriction relating to retained EU law

      4. 7. Entrenched enactments.

      5. 7A. Cross-community support required for Bill altering size of Assembly

      6. 8. Consent of Secretary of State required in certain cases.

   2. Scrutiny and stages of Bills

      1. 9. Scrutiny by Ministers.

      2. 10. Scrutiny by Presiding Officer.

      3. 11. Scrutiny by the Supreme Court.

      4. 12. Reconsideration where reference made to ECJ.

      5. 13. Stages of Bills.

   3. Royal Assent

      1. 14. Submission by Secretary of State.

      2. 15. Parliamentary control where consent given.

4. Part III Executive Authorities

   1. Authorities

      1. 16. First Minister and deputy First Minister.

      2. 16A. Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election

      3. 16B. Vacancies in the office of First Minister or deputy First Minister

      4. 16C. Sections 16A and 16B: supplementary

      5. 17. Ministerial offices.

      6. 18. Northern Ireland Ministers.

      7. 19. Junior Ministers.

      8. 19A. Disqualification for certain offices which may be held by members of the Assembly.

      9. 20. The Executive Committee.

      10. 21. Northern Ireland departments.

      11. 21A. Northern Ireland department with policing and justice functions

      12. 21B. Section 21A(5A) and (7C): transitional provision

      13. 21C. Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy Ministerial office

   2. Functions

      1. 22. Statutory functions.

      2. 23. Prerogative and executive powers.

      3. 24. ... Convention rights ... etc.

      4. 25. Excepted and reserved matters.

      5. 26. International obligations.

      6. 27. Quotas for purposes of international etc obligations.

      7. 28. Agency arrangements between UK and NI departments.

   3. Ministerial Code

      1. 28A. Ministerial Code

   4. Power to refer Ministerial decision to Executive Committee

      1. 28B. Power to refer Ministerial decision to Executive Committee

   5. Executive Committee: further provisions

      1. 28C. Power of Executive Committee to call for witnesses and documents

      2. 28D. Strategies relating to Irish language and Ulster Scots language etc

      3. 28E. Strategy relating to poverty, social exclusion etc

   6. Miscellaneous

      1. 29. Statutory committees.

      2. 29A. Committee to review functioning of Assembly and Executive Committee

      3. 29B. Review of operation of sections 16A to 16C

      4. 29C. Review of functions relating to judicial appointments and removals

      5. 30. Exclusion of Ministers from office.

      6. 30A. Secretary of State’s powers in relation to exclusion

      7. 30B. Secretary of State’s powers in exceptional circumstances

5. Part IV The Northern Ireland Assembly

   1. Elections etc

      1. 31. Dates of elections and dissolutions.

      2. 32. Extraordinary elections.

      3. 33. Constituencies and numbers of members.

      4. 34. Elections and franchise.

      5. 35. Vacancies.

   2. Disqualification

      1. 36. Disqualification.

      2. 37. Effect of disqualification and provision for relief.

      3. 38. Disqualification: judicial proceedings.

   3. Presiding Officer and Commission

      1. 39. Presiding Officer.

      2. 40. Commission.

   4. Proceedings etc.

      1. 40A. Undertaking by members

      2. 41. Standing orders.

      3. 42. Petitions of concern.

      4. 43. Members’ interests.

      5. 44. Power to call for witnesses and documents.

      6. 45. Witnesses and documents: offences.

      7. 46. Witnesses: oaths.

   5. Remuneration and pensions

      1. 47. Remuneration of members.

      2. 47A. Resolutions about reduction of remuneration

      3. 47B. Secretary of State’s powers in relation to reduction of remuneration

      4. 47C. Section 47A: specified periods and extensions

      5. 48. Pensions of members.

   6. Miscellaneous

      1. 49. Letters Patent etc.

      2. 50. Privilege.

      3. 51. Resignation of members.

      4. 51A. Resolutions about reduction of financial assistance

      5. 51B. Secretary of State’s powers in relation to reduction of financial assistance

      6. 51C. Section 51A : specified periods and extensions

      7. 51D. Censure resolutions

6. Part V NSMC, BIC, BIIC etc.

   1. 52. North-South Ministerial Council and British-Irish Council.

   2. 52A. North-South Ministerial Council and British-Irish Council

   3. 52B. Section 52A: duty to attend Council meetings etc

   4. 52C. Sections 52A and 52B: supplementary

   5. 53. Agreements etc. by persons participating in Councils.

   6. 54. British-Irish Intergovernmental Conference.

   7. 55. Implementation bodies.

   8. 56. Civic Forum.

7. PART 5A EU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS

   1. 56A. Democratic consent process

8. Part VI Financial Provisions

   1. Consolidated Fund

      1. 57. Consolidated Fund of Northern Ireland.

      2. 58. Payments into the Fund.

      3. 59. Payments out of Fund without appropriation Act.

      4. 60. Financial control, accounts and audit.

   2. Advances

      1. 61. Advances by Secretary of State.

      2. 62. Accounts.

   3. Miscellaneous

      1. 63. Financial acts of the Assembly.

      2. 64. Draft budgets.

      3. 65. Audit.

      4. 66. Expenses of Northern Ireland Audit Office.

      5. 67. Provision of information to Treasury.

9. Part VII Human Rights and Equal Opportunities

   1. Human rights

      1. 68. The Northern Ireland Human Rights Commission.

      2. 69. The Commission’s functions.

      3. 69A. Investigations: evidence

      4. 69B. Investigations: national security

      5. 69C. Investigations: places of detention

      6. 69D. Investigations: terms of reference

      7. 70. Assistance by Commission.

      8. 71. Restrictions on application of rights.

      9. 72. Standing Advisory Commission on Human Rights: dissolution.

   2. Equality of opportunity

      1. 73. The Equality Commission for Northern Ireland.

      2. 74. The Commission’s principal functions.

      3. 75. Statutory duty on public authorities.

      4. 76. Discrimination by public authorities.

      5. 77. Unlawful oaths etc.

      6. 78. Removal of restrictions on investigation into maladministration.

   3. Protections deriving from EU withdrawal agreement

      1. 78A. NIHRC functions in relation to EU withdrawal agreement

      2. 78B. ECNI functions in relation to EU withdrawal agreement

      3. 78C. Power of Commissions to bring, or intervene in, legal proceedings

      4. 78D. Power of Commissions to assist persons in legal proceedings

      5. 78E. Collaborative working

10. Part 7A National and Cultural Identity

    1. 78F. National and cultural identity principles

    2. 78G. The Office of Identity and Cultural Expression

    3. 78H. Functions of the Office of Identity and Cultural Expression

    4. 78I. Further functions: establishing the Castlereagh Foundation

11. Part 7B The Irish Language

    1. 78J. Recognition of the status of the Irish language

    2. 78K. The Irish Language Commissioner

    3. 78L. Functions of the Commissioner

    4. 78M. Irish language best practice standards

    5. 78N. Review and revision of best practice standards

    6. 78O. Duty to have regard to best practice standards

    7. 78P. Complaints

    8. 78Q. Meaning of “public authority”

12. Part 7C The Ulster Scots and the Ulster British tradition

    1. 78R. The Commissioner

    2. 78S. Functions of the Commissioner

    3. 78T. Complaints

    4. 78U. Meaning of “public authority”

13. Part VIII Miscellaneous

    1. Judicial scrutiny

       1. 79. Devolution issues.

       2. 80. Legislative power to remedy ultra vires acts.

       3. 81. Powers of courts or tribunals to vary retrospective decisions.

       4. 82. The Judicial Committee.

       5. 83. Interpretation of Acts of the Assembly etc.

    2. Power to make provision by Order in Council

       1. 84. Provision with respect to certain matters relating to Northern Ireland.

       2. 85. Provision dealing with certain reserved matters.

       3. 86. Provision for purposes consequential on Act etc.

       4. 86A. Provision for transfer of functions relating to extradition etc.

       5. 86B. Provision for entrenching enactments

    3. Social security, child support and pensions

       1. 87. Consultation and co-ordination.

       2. 88. The Joint Authority.

       3. 89. Industrial Injuries Advisory Council.

    4. Discrimination: certificates by Secretary of State

       1. 90. Effect of certificates.

       2. 91. The Tribunal.

       3. 92. Appeals from the Tribunal.

    5. Miscellaneous

       1. 93. Parliament Buildings etc.

       2. 94. Land purchase annuities etc.

14. Part IX Supplemental

    1. 95. Savings for existing laws.

    2. 95A. Directions under sections 30A, 47B and 51B

    3. 96. Orders and regulations.

    4. 96A. Explanatory statements in relation to certain regulations

    5. 97. Financial provision.

    6. 98. Interpretation.

    7. 99. Minor and consequential amendments.

    8. 100. Transitional provisions, savings and repeals.

    9. 101. Short title and commencement.

15. Northern Ireland Act 1998

    1. SCHEDULE 1

       Polls for the purposes of section 1

       1. 1. The Secretary of State may by order direct the holding...

       2. 2. Subject to paragraph 3, the Secretary of State shall exercise...

       3. 3. The Secretary of State shall not make an order under...

       4. 4. (1) An order under this Schedule directing the holding of...

    2. SCHEDULE 2

       Excepted matters

       1. 1. The Crown, including the succession to the Crown and a...

       2. 2. The Parliament of the United Kingdom; parliamentary elections, including the...

       3. 3. International relations, including relations with territories outside the United Kingdom,...

       4. 4. The defence of the realm; trading with the enemy; the...

       5. 5. Control of nuclear, biological and chemical weapons and other weapons...

       6. 6. Dignities and titles of honour.

       7. 7. Treason but not powers of arrest or criminal procedure.

       8. 8. Nationality; immigration, including asylum and the status and capacity of...

       9. 9. The following matters— (a) taxes or duties under any law...

       10. 9A. Child Trust Funds.

       11. 9C. The operation of the Small Charitable Donations Act 2012.

       12. 9D. Bonuses under the Savings (Government Contributions) Act 2017.

       13. 10. The following matters— (a) national insurance contributions;

       14. 10A. Tax credits under Part 1 of the Tax Credits Act...

       15. 10B. Health in pregnancy grant, Child benefit and guardian’s allowance.

       16. 10C. The operation of the Childcare Payments Act 2014.

       17. 11. The determination of the remuneration, superannuation and other terms and...

       18. 11A. The Supreme Court , but not rights of appeal to...

       19. 12. (1) Elections, including the franchise, in respect of the Northern...

       20. 13. The subject-matter of the Political Parties, Elections and Referendums Act...

       21. 14. Coinage, legal tender and bank notes.

       22. 15. The National Savings Bank.

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

       24. 16A. Regulation of the provision of subsidies which are or may...

       25. 17. National security (including the Security Service, the Secret Intelligence Service...

       26. 18. Nuclear energy and nuclear installations, including nuclear safety, security and...

       27. 19. Regulation of sea fishing outside the Northern Ireland zone (except...

       28. 20. Regulation of activities in outer space.

       29. 20A. Regulation of activities in Antarctica (which for these purposes has...

       30. 21. Any matter with which a provision of the Northern Ireland...

       31. 21A. The office and functions of the Advocate General for Northern...

       32. 22. Any matter with which a provision of this Act falling...

    3. SCHEDULE 3

       Reserved matters

       1. 1. The conferral of functions in relation to Northern Ireland on...

       2. 2. Property belonging to Her Majesty in right of the Crown...

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

       4. 4. Civil aviation but not aerodromes.

       5. 5. The foreshore and the sea bed and subsoil and their...

       6. 6. Domicile.

       7. 7. The subject-matter of the Postal Services Act 2000. This paragraph...

       8. 7A. The alteration of the number of members of the Assembly...

       9. 8. Disqualification for membership of the Assembly; privileges, powers and immunities...

       10. 9. (1) The following matters— (a) the subject-matter of Parts 2...

       11. 9A. . . . . . . . . . ....

       12. 10. (1) The subject-matter of the Public Processions (Northern Ireland) Act...

       13. 11. The operation of the temporary provisions, as defined in section...

       14. 11A. . . . . . . . . . ....

       15. 12. (1) Items for the time being specified in Article 45(1)...

       16. 13. Civil defence.

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

       18. 14A. . . . . . . . . . ....

       19. 15. Reserved matters

       20. 15A. . . . . . . . . . ....

       21. 16. The ... Civil Service Commissioners for Northern Ireland.

       22. 17. Reserved matters

       23. 18. The subject-matter of sections 149 to 151 of and Schedules...

       24. 19. The subject-matter of the Vaccine Damage Payment Scheme.

       25. 20. Import and export controls and trade with any place outside...

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

       27. 22. The subject-matter of the following provisions of the Pension Schemes...

       28. 23. The following matters— (a) financial services, including investment business, banking...

       29. 24. The subject-matter of— (a) the Building Societies Act 1986;

       30. 25. The subject-matter of the Money Laundering, Terrorist Financing and Transfer...

       31. 25A. The subject-matter of the Transfer of Funds (Information on the...

       32. 26. Regulation of anti-competitive practices and agreements; abuse of dominant position;...

       33. 27. Intellectual property but not the subject-matter of Parts I and...

       34. 28. Units of measurement and United Kingdom primary standards.

       35. 29. Telecommunications; wireless telegraphy; the provision of programme services (within the...

       36. 30. The National Lottery (except in so far as any matter...

       37. 31. Xenotransplantation.

       38. 32. Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act...

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

       40. 34. Human genetics.

       41. 35. Research Councils within the meaning of the Science and Technology...

       42. 35A. United Kingdom Research and Innovation.

       43. 36. Areas in which industry may qualify for assistance under Part...

       44. 37. Consumer safety in relation to goods.

       45. 38. The subject matter of all technical standards and requirements in...

       46. 39. The subject-matter of section 3(5) to (7) of the Environmental...

       47. 40. The subject-matter of— (a) the Data Protection Act 1984;

       48. 41. Oaths and declarations (including all undertakings and affirmations, by whatever...

       49. 41A. (1) The division of local government districts into areas (“district...

       50. 42. Any matter with which a provision of this Act falling...

    4. SCHEDULE 4

       Annex A to Strand One of Belfast Agreement

       1. Pledge of Office

          1. To pledge: (a) to discharge in good faith all the...

       2. Code of Conduct

          1. 1. (1) Ministers must at all times— (a) maintain the highest...

    5. SCHEDULE 4A

       Department with policing and justice functions

       1. Part 1 Department in the charge of Minister approved by resolution of Assembly by virtue of section 21A(3)

          1. Introduction

             1. 1. (1) This Part of this Schedule has effect in relation...

          2. Modification of section 16A

             1. 1A. Section 16A(3) shall have effect as if, for paragraph (b)...

          3. Section 18 not to apply to relevant Minister

             1. 2. (1) Section 18 (Northern Ireland Ministers) shall not apply in...

          4. Provisions relating to relevant Minister

             1. 3. (1) Where any of the conditions in paragraphs (b) to...

       2. Part 1A Department in the charge of Minister approved by resolution of the Assembly by virtue of section 21A(3A)

          1. 3A. Introduction

          2. 3B. Modification of section 16A

          3. 3C. Section 18 not to apply to relevant Minister

          4. 3D. Provisions relating to relevant Minister

          5. 3E. Reappointment of other Northern Ireland Ministers in certain cases

       3. Part 2 Department in the charge of two Ministers

          1. Introduction

             1. 4. (1) This Part of this Schedule has effect in relation...

          2. Modification of section 16A

             1. 4A. Section 16A(3) shall have effect as if, for paragraph (b)...

          3. Modifications of section 17

             1. 5. (1) Section 17 (Ministerial offices) has effect subject to the...

          4. Section 18 not to apply to relevant Ministers

             1. 6. (1) Section 18 (Northern Ireland Ministers) shall not apply in...

          5. Provisions relating to relevant Ministers

             1. 7. (1) Where any of the conditions in paragraphs (b) to...

       4. Part 3 Department with rotation between Minister and junior Minister

          1. Introduction

             1. 8. (1) This Part of this Schedule has effect in relation...

          2. Modification of section 16A

             1. 8A. Section 16A(3) shall have effect as if, for paragraph (b)...

          3. Section 18 not to apply to relevant Minister

             1. 9. (1) Section 18 (Northern Ireland Ministers) shall not apply in...

          4. Certain provisions of section 19 not to apply to relevant junior Minister

             1. 10. (1) The provisions of section 19 (junior Ministers) specified in...

          5. Provisions relating to relevant Minister and relevant junior Minister

             1. 11. (1) Where any of the conditions in paragraphs (b) to...

       5. Part 3A Department in the charge of Minister and deputy Minister

          1. 11A. Introduction

          2. 11B. Modification of section 16A

          3. 11C. Section 18 not to apply to relevant Minister

          4. 11D. Section 19 not to apply to deputy Minister

          5. 11E. Provisions relating to relevant Minister and deputy Minister

          6. 11F. Eligibility to become relevant Minister or deputy Minister

          7. 11G. Change in number of Ministerial offices held by members of a political party

          8. 11H. Interpretation

       6. Part 4 Power to make further modifications

          1. 12. (1) Her Majesty may by Order in Council make such...

          2. 13. Paragraphs 3(10), 3D(14), 7(10), 11(10) and (11) and 11E(10) of...

    6. SCHEDULE 5

       Northern Ireland Assembly Commission

       1. Membership

          1. 1. A person appointed under standing orders made under section 40(2)(b)...

       2. Staff

          1. 2. (1) The Commission may appoint staff. (2) The persons appointed...

       3. Powers

          1. 3. (1) Subject to sub-paragraph (4), the Commission may do anything...

       4. Delegation

          1. 4. The Commission may delegate any of its functions to the...

       5. Proceedings and business

          1. 5. (1) The validity of any acts of the Commission shall...

       6. Crown status

          1. 6. (1) Her Majesty may by Order in Council provide for...

    7. SCHEDULE 6

       Standing orders: further provision

       1. Preservation of order

          1. 1. (1) The standing orders shall include provision for preserving order...

       2. Proceedings to be in public

          1. 2. (1) The standing orders shall include provision requiring the proceedings...

       3. Reporting and publishing proceedings

          1. 3. The standing orders shall include provision for reporting the proceedings...

       4. Committees

          1. 4. (1) The standing orders shall include provision for ensuring that,...

       5. Votes in vacancy

          1. 5. The standing orders may include provision enabling a right to...

    8. SCHEDULE 6A

       EU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS

       1. PART 1 General

          1. 1. Introduction

          2. 2. Meaning of “consent resolution” and effect if consent resolution rejected

          3. 3. Meaning of “continuation period”, “current period” etc

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

          1. 4. Duty to give notification of the start of the democratic consent process

       3. PART 3 Default Democratic Consent Process

          1. 5. Application

          2. 6. Giving the notification of the start of the democratic consent process

          3. 7. Presiding Officer to inform members of the Assembly

          4. 8. Consent resolution: motion by First Minister and deputy First Minister

          5. 9. Consent resolution: motion by any member of the Assembly

          6. 10. Consent resolution: consideration of motion

       4. PART 4 Alternative democratic consent process

          1. 11. Application

          2. 12. Giving the notification of the start of the democratic consent process

          3. 13. Presiding Officer to inform members of the Assembly

          4. 14. Consent resolution: motion by a member of the Assembly

          5. 15. Consent resolution: requirement to consider motion

          6. 16. Election of an interim Presiding Officer

       5. PART 5 Procedural Matters and Outcome

          1. 17. Application

          2. 18. Procedural matters relating to motions for consent resolutions

          3. 19. Outcome of process: Presiding Officer to notify Secretary of State

          4. 20. Outcome of process: Secretary of State to notify European Commission

       6. PART 6 Independent Review

          1. 21. Independent review into the functioning of the Protocol

    9. SCHEDULE 7

       The Northern Ireland Human Rights Commission

       1. Introductory

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

       2. Commissioners’ tenure

          1. 2. (1) Subject to the provisions of this Schedule, a Commissioner...

       3. Commissioners’ salary etc.

          1. 3. (1) The Commission shall pay to or in respect of...

       4. Staff

          1. 4. (1) The Commission may employ staff subject to the approval...

       5. Annual report

          1. 5. (1) The Commission shall, as soon as reasonably practicable after...

       6. Money

          1. 6. The Secretary of State may make grants to the Commission...

          2. 7. (1) The Commission shall keep proper accounts and financial records....

       7. Procedure

          1. 8. (1) In determining its own procedure the Commission may, in...

       8. Disqualification

          1. 9. In Part III of Schedule 1 to the House of...

          2. 10. In Part III of Schedule 1 to the Northern Ireland...

       9. Status

          1. 11. The Commission shall not be regarded as the servant or...

    10. SCHEDULE 8

        The Equality Commission for Northern Ireland

        1. Introductory

           1. 1. In this Schedule “the Commission” means the Equality Commission for...

        2. Commissioners’ tenure

           1. 2. (1) Subject to the provisions of this Schedule, a Commissioner...

        3. Commissioners’ salary etc.

           1. 3. The Department of Economic Development may with the approval of...

        4. Additional Commissioners

           1. 3A. (1) Paragraph 2(1) and (2) shall apply to additional Commissioners...

        5. Staff

           1. 4. (1) The Commission may with the approval of the Department...

        6. Annual report

           1. 5. (1) The Commission shall, as soon as reasonably practicable after...

        7. Money

           1. 6. (1) Expenditure incurred by the Commission may be defrayed as...

           2. 7. (1) The Commission shall keep accounts and financial records in...

        8. Procedure

           1. 8. (1) In determining its own procedure the Commission may, in...

        9. Disqualification

           1. 9. In Part II of Schedule 1 to the House of...

           2. 10. In Part II of Schedule 1 to the Northern Ireland...

        10. The Northern Ireland Commissioner for Complaints

            1. 11. . . . . . . . . . ....

        11. Status

            1. 12. The Commission shall not be regarded as the servant or...

    11. SCHEDULE 9

        Equality: enforcement of duties

        1. The Equality Commission

           1. 1. The Equality Commission for Northern Ireland shall—

        2. Equality schemes

           1. 2. (1) A public authority to which this sub-paragraph applies shall,...

           2. 3. (1) Where it thinks appropriate, the Commission may—

           3. 4. (1) A scheme shall show how the public authority proposes...

           4. 5. Before submitting a scheme a public authority shall consult, in...

           5. 6. (1) On receipt of a scheme the Commission shall—

           6. 7. (1) Where a scheme is referred to the Secretary of...

           7. 8. (1) If a public authority wishes to revise a scheme...

        3. Duties arising out of equality schemes

           1. 9. (1) In publishing the results of such an assessment as...

        4. Complaints

           1. 10. (1) If the Commission receives a complaint made in accordance...

        5. Investigations

           1. 11. (1) This paragraph applies to— (a) investigations required by paragraph...

        6. Government departments

           1. 12. (1) Paragraphs 6, 7 and 11(2)(b) and (3) do not...

    12. Schedule 9A

        The Office of Identity and Cultural Expression

        1. 1. Status

        2. 2. Membership

        3. 3. Tenure of members

        4. 4. Members’ salary etc.

        5. 5. Staff

        6. 6. Assistance

        7. 7. Exercise of functions

        8. 8. General powers

        9. 9. Proceedings

        10. 10. Funding

        11. 11. Accounts

        12. 12. Annual report

        13. 13. Seal and evidence

    13. Schedule 9B

        The Irish Language Commissioner

        1. 1. Status

        2. 2. Tenure of office

        3. 3. Commissioner’s salary, etc

        4. 4. Staff

        5. 5. Assistance

        6. 6. Exercise of functions

        7. 7. General powers

        8. 8. Funding

        9. 9. Accounts

        10. 10. Annual report

        11. 11. Seal and evidence

        12. 12. Property

    14. Schedule 9C

        Commissioner for the Ulster Scots and the Ulster British tradition

        1. 1. Status

        2. 2. Tenure of office

        3. 3. Commissioner’s salary, etc

        4. 4. Staff

        5. 5. Assistance

        6. 6. Exercise of functions

        7. 7. General powers

        8. 8. Funding

        9. 9. Accounts

        10. 10. Annual report

        11. 11. Seal and evidence

        12. 12. Property

    15. SCHEDULE 10

        Devolution issues

        1. Part I Preliminary

           1. 1. In this Schedule “devolution issue” means— (a) a question whether...

           2. 2. A devolution issue shall not be taken to arise in...

        2. Part II Proceedings in Northern Ireland

           1. Application of Part II

              1. 3. This Part of this Schedule applies in relation to devolution...

           2. Institution of proceedings

              1. 4. (1) Proceedings for the determination of a devolution issue may...

           3. Notice of devolution issue

              1. 5. A court or tribunal shall order notice of any devolution...

              2. 6. A person to whom notice is given in pursuance of...

           4. Reference of devolution issue to Court of Appeal

              1. 7. A court, other than the Supreme Court or the Court...

              2. 8. A tribunal from which there is no appeal shall refer...

           5. References from Court of Appeal to Supreme Court

              1. 9. The Court of Appeal in Northern Ireland may refer any...

           6. Appeals from Court of Appeal to Supreme Court

              1. 10. An appeal against a determination of a devolution issue by...

        3. Part III Proceedings in England and Wales

           1. Application of Part III

              1. 11. This Part of this Schedule applies in relation to devolution...

           2. Institution of proceedings

              1. 12. (1) Proceedings for the determination of a devolution issue may...

           3. Notice of devolution issue

              1. 13. A court or tribunal shall order notice of any devolution...

              2. 14. A person to whom notice is given in pursuance of...

           4. Reference of devolution issue to High Court or Court of Appeal

              1. 15. A magistrates’ court may refer any devolution issue which arises...

              2. 16. (1) A court may refer any devolution issue which arises...

              3. 17. A tribunal from which there is no appeal shall refer...

              4. 18. A court, other than the Supreme Court or the Court...

           5. References from Court of Appeal to Supreme Court

              1. 19. The Court of Appeal may refer any devolution issue which...

           6. Appeals from superior courts to Supreme Court

              1. 20. An appeal against a determination of a devolution issue by...

        4. Part IV Proceedings in Scotland

           1. Application of Part IV

              1. 21. This Part of this Schedule applies in relation to devolution...

           2. Institution of proceedings

              1. 22. (1) Proceedings for the determination of a devolution issue may...

           3. Intimation of devolution issue

              1. 23. Intimation of any devolution issue which arises in any proceedings...

              2. 24. A person to whom intimation is given in pursuance of...

           4. Reference of devolution issue to higher court

              1. 25. A court, other than the Supreme Court or any court...

              2. 26. A tribunal from which there is no appeal shall refer...

              3. 27. A court, other than any court consisting of two or...

           5. References from superior courts to Supreme Court

              1. 28. Any court consisting of three or more judges of the...

              2. 29. Any court consisting of two or more judges of the...

           6. Appeals from superior courts to Supreme Court

              1. 30. An appeal against a determination of a devolution issue by...

              2. 31. An appeal against a determination of a devolution issue by—...

        5. Part V General

           1. . . .

              1. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

           2. Direct references to Supreme Court

              1. 33. The Attorney General, the Advocate General for Northern Ireland, the...

              2. 34. The Attorney General, the Advocate General for Northern Ireland, the...

              3. 35. (1) This paragraph applies where a reference is made under...

           3. Delegation by First Ministers

              1. 36. The First Minister and the deputy First Minister acting jointly...

           4. Expenses

              1. 37. (1) A court or tribunal before which any proceedings take...

           5. Procedure of courts and tribunals

              1. 38. Any power to make provision for regulating the procedure before...

           6. Bail and legal aid in criminal proceedings

              1. 39. (1) Sub-paragraph (3) applies where a devolution issue arises in...

              2. 40. Where a devolution issue arises as mentioned in sub-paragraph (1)...

           7. Interpretation

              1. 41. Any duty or power conferred by this Schedule to refer...

    16. SCHEDULE 11

        Tribunal established under section 91

        1. Introductory

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

        2. Members

           1. 2. (1) The Tribunal shall consist of such number of members...

           2. 2A. (1) The Lord Chancellor may only appoint persons to the...

        3. Chairman

           1. 3. (1) The Lord Chancellor shall appoint one of the members...

        4. Payments to members

           1. 4. (1) The Lord Chancellor may pay to the members of...

        5. Proceedings

           1. 5. (1) The Tribunal shall sit at such times and in...

           2. 6. The Tribunal shall be deemed to be duly constituted if...

           3. 7. The chairman or, in his absence, the deputy chairman, shall...

        6. Staff

           1. 8. The Lord Chancellor may appoint such officers and servants for...

        7. Expenses

           1. 9. The Lord Chancellor shall defray the remuneration of persons appointed...

        8. Disqualification of Tribunal Members

           1. 10. In Part II of Schedule 1 to the House of...

           2. 11. In Part II of Schedule 1 to the Northern Ireland...

    17. SCHEDULE 12

        Construction of references in existing laws

        1. Preliminary

           1. 1. (1) Enactments and instruments shall, except where the context otherwise...

        2. The Parliament and the old Assembly

           1. 2. (1) References to the Parliament of Northern Ireland shall be...

        3. Legislation etc of the Parliament or the old Assembly

           1. 3. (1) A reference to an Act or enactment of the...

           2. 4. (1) A reference to a resolution or other decision of...

           3. 5. A reference to laying a document before, or presenting it...

           4. 6. Paragraphs 2 to 5 apply to enactments and instruments passed...

        4. Money

           1. 7. (1) A reference to— (a) money provided by the Parliament...

        5. Office-holders and Ministers

           1. 8. (1) A reference to— (a) the Governor of Northern Ireland;...

           2. 9. (1) A reference to— (a) the Prime Minister of Northern...

           3. 10. (1) A reference to— (a) a particular Ministry of Northern...

           4. 11. (1) A reference to— (a) an unspecified Minister of Northern...

        6. Courts

           1. 12. (1) A reference to the Supreme Court of Judicature in...

        7. Equal opportunity bodies

           1. 13. (1) A reference to— (a) the Fair Employment Commission for...

    18. SCHEDULE 12A

        Effect of application of section 95A(6) or (7)

        1. Directions under section 30A(5): Northern Ireland Ministers and junior Ministers

           1. 1. Effect of application of section 95A(6) or (7)

           2. 2. Effect of application of section 95A(6) or (7)

           3. 3. Effect of application of section 95A(6) or (7)

           4. 4. Effect of application of section 95A(6) or (7)

        2. Directions under section 30A(2) or (5): the First Minister and deputy First Minister

           1. 5. Effect of application of section 95A(6) or (7)

           2. 6. Effect of application of section 95A(6) or (7)

           3. 7. Effect of application of section 95A(6) or (7)

           4. 8. Effect of application of section 95A(6) or (7)

        3. Directions under section 47B or 51B

           1. 9. Effect of application of section 95A(6) or (7)

        4. General

           1. 10. Effect of application of section 95A(6) or (7)

    19. SCHEDULE 13

        Minor and consequential amendments

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

           1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

           1. 2. (1) The Sex Discrimination (Northern Ireland) Order 1976 shall be...

        3. Interpretation Act 1978 (c.30)

           1. 3. In section 24(5) of the Interpretation Act 1978 (meaning of...

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

           1. 4. In Part II of Schedule 1 to the Statutory Rules...

        5. Mental Health Act 1983 (c.20)

           1. 5. (1) The Mental Health Act 1983 shall be amended as...

        6. Insolvency Act 1986 (c.45)

           1. 6. In section 427 of the Insolvency Act 1986 (members of...

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

           1. 7. In Article 6(2) of the Audit (Northern Ireland) Order 1987...

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

           1. 8. (1) The Copyright, Designs and Patents Act 1988 shall be...

        9. Official Secrets Act 1989 (c.6)

           1. 9. (1) Section 12 of the Official Secrets Act 1989 (interpretation)...

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

            1. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        11. Social Security Administration Act 1992 (c.5)

            1. 11. In section 189 of the Social Security Administration Act 1992...

        12. Social Security Administration (Northern Ireland) Act 1992 (c.8)

            1. 12. In section 165 of the Social Security Administration (Northern Ireland)...

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

            1. 13. In the second column of Schedule 1 to the Environment...

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

            1. 14. In Article 3(1) of the Civil Service (Management Functions) (Northern...

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

            1. 15. In section 4(16) of the Olympic Symbol etc. Protection Act...

        16. Disability Discrimination Act 1995 (c.50)

            1. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

            1. 17. . . . . . . . . . ....

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

            1. 18. In Article 10(3) of the Ombudsman (Northern Ireland) Order 1996...

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

            1. 19. (1) The Race Relations (Northern Ireland) Order 1997 shall be...

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

            1. 20. In Schedule 1 to the Northern Ireland (Elections) Act 1998...

        21. Data Protection Act 1998 (c.29)

            1. 21. (1) In paragraph 4 of Schedule 7 to the Data...

    20. SCHEDULE 14

        Transitional provisions and savings

        1. Human rights

           1. 1. In relation to any time before the Human Rights Act...

        2. First Minister and deputy First Minister

           1. 2. Any election of the First Minister and the deputy First...

        3. Ministerial offices

           1. 3. Any determination of— (a) the number of Ministerial offices to...

        4. Northern Ireland Ministers

           1. 4. Any nomination of a person to hold a Ministerial office...

        5. Junior Ministers

           1. 5. Any of the following made and approved before the appointed...

        6. Department of First Minister and deputy First Minister

           1. 6. Any Northern Ireland department established before the appointed day under...

        7. Prerogative orders

           1. 7. Any prerogative order made by the Secretary of State under...

        8. Agency arrangements

           1. 8. Any arrangements made under section 11 of the Northern Ireland...

        9. Statutory committees

           1. 9. (1) Any committee of the Assembly established before the appointed...

        10. Elections of members

            1. 10. Any order made under section 2(5) of the Northern Ireland...

        11. Vacancies

            1. 11. Any order made under section 3 of the Northern Ireland...

        12. Disqualification

            1. 12. A person elected on 25th June 1998 shall not be...

        13. Presiding Officer and deputy

            1. 13. Any person appointed or elected under paragraph 3 of the...

        14. Standing orders

            1. 14. Any standing orders made by the Secretary of State under...

        15. Civic Forum

            1. 15. Any such arrangements as are mentioned in subsection (1) of...

        16. Comptroller and Auditor General for Northern Ireland

            1. 16. Any appointment made by Her Majesty under section 36(1)(d) of...

        17. Social security and child support

            1. 17. Any regulations made under any enactment repealed by virtue of...

        18. Certificates by Secretary of State

            1. 18. Section 90 shall have effect— (a) in relation to any...

        19. Devolution issues

            1. 19. In relation to any time before the first appointment of...

        20. Relations with Republic of Ireland

            1. 20. The repeal effected by this Act of section 12 of...

        21. Discrimination in legislation

            1. 21. The repeals effected by this Act shall not affect the...

        22. Discrimination by public bodies

            1. 22. The repeals effected by this Act shall not affect the...

        23. Members’ Pensions

            1. 23. The repeals effected by this Act shall not affect the...

    21. SCHEDULE 15

        Repeals