- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/09/2004)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 03/04/2006
Point in time view as at 01/09/2004.
There are currently no known outstanding effects for the Northern Ireland Act 1998, Cross Heading: Discrimination: certificates by Secretary of State.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies where in any proceedings—
(a)a person claims that an act discriminated against him in contravention of section 24 or 76; and
(b)the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying—
(i)that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and
(ii)that the doing of the act was justified by that purpose.
(2)The claimant may, in accordance with rules made by the Lord Chancellor, appeal against the certificate to the Tribunal, that is to say, the tribunal established under section 91.
(3)If on an appeal under subsection (2) the Tribunal determines—
(a)that the act specified in the certificate was done for the certified purpose; and
(b)that the doing of the act was justified by that purpose,
the Tribunal shall uphold the certificate; in any other case, the Tribunal shall quash the certificate.
(4)If—
(a)the claimant does not appeal against the certificate; or
(b)the certificate is upheld on appeal,
the certificate shall be conclusive evidence of the matters certified by it.
(5)In this section “act” does not include the making, confirmation or approval of a provision of subordinate legislation.
(1)There shall be a tribunal in relation to which Schedule 11 shall have effect.
(2)The Lord Chancellor may make rules—
(a)for regulating the exercise of rights of appeal to the Tribunal;
(b)for prescribing the practice and procedure to be followed on or in connection with appeals to the Tribunal, including the mode and burden of proof and admissibility of evidence on such appeals; and
(c)for other matters preliminary or incidental to or arising out of such appeals.
(3)Rules under this section may provide that—
(a)a party to any proceedings before the Tribunal on an appeal; and
(b)where the Secretary of State is not party to any such proceedings, the Secretary of State,
has the right to be legally represented in the proceedings, subject to any power conferred on the Tribunal by such rules.
(4)Rules under this section may, in particular—
(a)make provision enabling proceedings before the Tribunal to take place without a party being given full particulars of the reasons for the issue of the certificate which is the subject of the appeal;
(b)make provision enabling the Tribunal to hold proceedings in the absence of any person, including a party and any legal representative appointed by a party;
(c)make provision about the functions in proceedings before the Tribunal of persons appointed under subsection (7); and
(d)make provision enabling the Tribunal to give a party a summary of any evidence taken in his absence.
(5)Rules under this section may also include provision—
(a)enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal to be performed by a single member of the Tribunal; or
(b)conferring on the Tribunal such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.
(6)In making rules under this section, the Lord Chancellor shall have regard, in particular, to—
(a)the need to secure that certificates which are the subject of appeals are properly reviewed; and
(b)the need to secure that information is not disclosed contrary to the public interest.
(7)The Attorney General for Northern Ireland may appoint a person to represent the interests of a party to proceedings before the Tribunal in any proceedings from which he and any legal representative of his are excluded.
(8)A person appointed under subsection (7)—
(a)shall be a member of the Bar of Northern Ireland;
(b)shall not be responsible to the party whose interests he represents.
(9)In this section and section 92 “party”, in relation to proceedings on appeal, means the appellant or the person proposing to rely on the certificate which is the subject of the appeal.
Modifications etc. (not altering text)
C1S. 91 applied (16.8.1999) by S.I. 1998/3162 (N.I. 21), arts. 80(5), 96, 98; S.R. 1999/355, art. 2(a)
Commencement Information
I1S. 91 wholly in force at 2.8.1999; s. 91 not in force at Royal Assent see s. 101(3); s. 91(1) in force for specified purposes at 15.2.1999 and s. 91(2)-(6) in force at 1.3.1999 by S.I. 1999/340, art. 2(2)(3), Sch. Pts. 2, 3; s. 91 in force at 2.8.1999 insofar as not already in force by S.I. 1999/2204, art. 5
(1)Where the Tribunal has determined an appeal under section 90—
(a)any party to the appeal; or
(b)where the Secretary of State was not a party to the appeal, the Secretary of State,
may bring a further appeal to the Court of Appeal in Northern Ireland on any question of law material to the Tribunal’s determination.
(2)An appeal under this section may be brought only with the leave of the Tribunal or, if such leave is refused, with the leave of the Court of Appeal in Northern Ireland.
(3)The Lord Chancellor may make rules regulating, and prescribing the procedure to be followed on, applications to the Tribunal for leave to appeal under this section.
(4)Rules under this section may include provision enabling an application for leave to appeal to be heard by a single member of the Tribunal.
Modifications etc. (not altering text)
C2S. 92 applied (1.3.1999) by S.I. 1998/3162 (N.I. 21), arts. 80(5), 96, 98; S.R. 1999/81, art. 3(1)
Commencement Information
I2S. 92 wholly in force at 2.8.1999; s. 92 not in force at Royal Assent see s. 101(3); s. 92(3)(4) in force at 1.3.1999 by S.I. 1999/340, art. 2(3), Sch. Pt. 3; s. 92 in force at 2.8.1999 insofar as not already in force by S.I. 1999/2204, art. 5
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys