- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Northern Ireland Act 1998, Part V.
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.
Textual Amendments
F1Sch. 10 para. 32 and preceding cross-heading repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 146, 148, Sch. 9 para. 118(2), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(a)(d)(f)
32U.K.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 10 para. 32 and preceding cross-heading repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 146, 148, Sch. 9 para. 118(2), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(a)(d)(f)
Textual Amendments
F3Words in cross-heading preceding Sch. 10 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(3); S.I. 2009/1604, art. 2(a)(d)
33U.K.The Attorney General, [F4the Advocate General for Northern Ireland, the Attorney General for Northern Ireland] or the Advocate General for Scotland may require any court or tribunal to refer to the [F5Supreme Court] any devolution issue which has arisen in proceedings before it to which he is or they are a party.
Textual Amendments
F4Words in Sch. 10 para. 34 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(6); S.R. 2010/113, art. 2, Sch. para. 19(a)
F5Words in Sch. 10 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(4); S.I. 2009/1604, art. 2(a)(d)
34U.K.The Attorney General, [F4the Advocate General for Northern Ireland, the Attorney General for Northern Ireland] or the Advocate General for Scotland may refer to the [F6Supreme Court] any devolution issue which is not the subject of proceedings.
Textual Amendments
F4Words in Sch. 10 para. 34 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(6); S.R. 2010/113, art. 2, Sch. para. 19(a)
F6Words in Sch. 10 para. 34 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(5); S.I. 2009/1604, art. 2(a)(d)
35(1)This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a Northern Ireland Minister or department.U.K.
(2)The person making the reference shall notify the Northern Ireland Minister or department of that fact.
(3)No Northern Ireland Minister or department shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.
(4)Proceedings relating to any possible failure by a Northern Ireland Minister or department to comply with sub-paragraph (3) may be instituted by the [F7Advocate General for Northern Ireland] .
(5)Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.
Textual Amendments
F7Words in Sch. 10 para. 35(4) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(7); S.R. 2010/113, art. 2, Sch. para. 19(a)
F836U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 10 para. 36 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)
37(1)A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.U.K.
(2)In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).
(3)The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 14 or 24.
38U.K.Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—
(a)for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred;
(b)for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule; and
(c)for determining the manner in which and the time within which any notice or intimation is to be given.
39(1)Sub-paragraph (3) applies where a devolution issue arises in proceedings against a person (“the defendant”) for an offence and the issue is referred to the Court of Appeal in Northern Ireland under paragraph 7.U.K.
(2)[F9Sub-paragraph (3) applies] where such an issue arises in such proceedings and—
(a)the issue is referred by the [F10Court of Appeal] to the [F11Supreme Court] under paragraph 9 or 33; or
(b)the issue is determined by the [F10Court of Appeal] under paragraph 7 and—
(i)an appeal to the [F11Supreme Court] against the determination is brought under paragraph 10; or
(ii)an application for leave to bring such an appeal is made to the [F10Court of Appeal] under that paragraph.
(3)The [F10Court of Appeal] may, if it thinks fit, on the application of the defendant, admit him to bail pending the determination of the reference, appeal or application.
(4)The [F10Court of Appeal] may at any time when it appears to the [F10Court of Appeal]—
(a)that it is desirable in the interests of justice that the defendant should have legal aid; and
(b)that he has not sufficient means to obtain that aid,
assign to him a solicitor and counsel, or counsel only, in the reference, appeal or application.
(5)If, on a question of granting a person free legal aid under sub-paragraph (4), there is a doubt—
(a)whether it is desirable in the interests of justice that he should have legal aid; or
(b)whether he has sufficient means to obtain that aid,
the doubt shall be resolved in favour of granting him free legal aid.
(6)The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under sub-paragraph (4) shall be defrayed, up to an amount allowed by the Master (Taxing Office), by the Lord Chancellor F12....
Textual Amendments
F9Words 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)
F10Words in Sch. 10 para. 39(2)-(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(6)(a); S.I. 2009/1604, art. 2(a)(d)
F11Words in Sch. 10 para. 39(2)-(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(6)(b); S.I. 2009/1604, art. 2(a)(d)
F12Words in Sch. 10 para. 39(6) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 58(2) (with arts. 28-31)
Modifications etc. (not altering text)
C1Sch. 10 para. 39(6): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 16 (with arts. 28-31)
40U.K.Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and—
(a)the issue is referred to the [F13Supreme Court] under paragraph 9 or 33; or
(b)the issue is determined by the Court of Appeal in Northern Ireland under paragraph 7 and—
(i)an appeal to the [F13Supreme Court] against the determination is brought under paragraph 10; or
(ii)an application for special leave to bring such an appeal is made to the [F13Supreme Court] under that paragraph,
sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the [F14Court of Appeal] were references to the [F13Supreme Court] .
Textual Amendments
F13Words in Sch. 10 para. 40(a)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 119(a); S.I. 2009/1604, art. 2(a)(d)
F14Words in Sch. 10 para. 40(a)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 119(b); S.I. 2009/1604, art. 2(a)(d)
41U.K.Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or power to refer the issue to the court for decision.
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.
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