Identity and Language (Northern Ireland) Act 2022

Schedules

Section 1

Schedule 1 The Office of Identity and Cultural Expression

In the Northern Ireland Act 1998 after Schedule 9 insert—

Section 78G

“Schedule 9A The Office of Identity and Cultural Expression

Status

1 (1) The Office is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) Property of the Office is not to be regarded as property of, or held on behalf of, the Crown.

Membership

2 The Office is to consist of—

(a) a Director appointed by the First Minister and deputy First Minister acting jointly, and

(b) no more than five other members appointed by the First Minister and deputy First Minister acting jointly,

each, a “member”.

Tenure of members

3 (1) Subject to the provisions of this Schedule, a person holds office as a member in accordance with the terms of the person’s appointment.

(2) A person may not be appointed as a member for more than five years at a time, or more than twice.

(3) A person may resign as a member by notice in writing to the First Minister and deputy First Minister.

(4) The First Minister and deputy First Minister acting jointly may dismiss a person from office as a member by notice in writing if satisfied that the person—

(a) has without reasonable excuse failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) has been convicted of a criminal offence;

(c) has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

(d) is unable or unfit to carry out the functions of the office of a member.

(5) Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

Members’ salary etc.

4 (1) The Office may pay to or in respect of a member such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

(2) Where a person ceases to be a member otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Office may pay to or in respect of the person such amount as the Executive Office may determine.

(3) A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

Staff

5 (1) The Office may appoint such number of staff as the Office may determine.

(2) The terms and conditions of a person’s appointment are to be determined by the Office; but that is subject to the provisions of this Schedule.

(3) The Office may pay to or in respect of a member of staff such remuneration, allowances, fees and sums for the provision of a pension as the Office may determine.

(4) Where a person ceases to be a member of staff otherwise than on the expiration of a term of appointment and the Office determines that special circumstances justify compensation, the Office may pay to or in respect of the person such amount as the Office may determine.

(5) A determination of the Office under this paragraph requires the approval of the Executive Office and Department of Finance.

Assistance

6 (1) The Executive Office may provide the Office with staff, facilities or services for the purpose of assisting the Office in the exercise of its functions.

(2) In this Schedule, a reference to a member of staff includes a reference to a member of staff appointed on secondment; but a period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

Exercise of functions

7 Any function of the Office may be exercised by—

(a) the Director, or

(b) another member or member of staff authorised (whether generally or specifically) for the purpose.

General powers

8 The Office may do whatever the Office considers is appropriate for facilitating, or incidental or conducive to, the exercise of the Office’s functions, other than borrowing money.

Proceedings

9 (1) The Office may regulate its own proceedings.

(2) The validity of any proceedings of the Office is not affected by a vacancy or defective appointment.

Funding

10 (1) The Executive Office may make grants to the Office of such amounts as it determines with the approval of the Department of Finance.

(2) The Office must pay to the Executive Office any sums received by the Office in the course of, or in connection with, the exercise of the Office’s functions.

(3) Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may with the approval of the Department of Finance direct.

Accounts

11 (1) The Office must—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must be in such form and contain such information as the Executive Office may with the approval of the Department of Finance direct.

(3) The Office must, within such period after the end of each financial year as the Executive Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Executive Office, and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General for Northern Ireland must—

(a) examine, certify and report on every statement of accounts received under sub-paragraph (3); and

(b) send a copy of the report to the Executive Office.

(5) The Executive Office must lay a copy of the statement of accounts and the report of the Comptroller and Auditor General for Northern Ireland before the Assembly.

(6) In this paragraph and paragraph 12 “financial year” means—

(a) the period beginning with the day on which the first person appointed as Director takes office and ending on the 31 March following that day, and

(b) each successive period of twelve months ending on 31 March.

Annual report

12 (1) As soon as reasonably practicable after the end of each financial year, the Office must send to the Executive Office a report on the performance of the Office’s functions during that year.

(2) The Executive Office must lay a copy of the report before the Assembly.

Seal and evidence

13 (1) The application of the seal of the Office must be authenticated by the signature of—

(a) the Director, or

(b) another member or member of staff authorised for the purpose.

(2) A document purporting to be an instrument issued by the Office and to be duly executed under the Office’s seal or signed on its behalf is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.”

Section 2

Schedule 2 The Irish Language Commissioner

In the Northern Ireland Act 1998 after Schedule 9A (inserted by Schedule 1) insert—

Section 78K

“Schedule 9B The Irish Language Commissioner

Status

1 (1) The Commissioner is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property held by the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

Tenure of office

2 (1) Subject to the provisions of this Schedule, a person holds office as the Commissioner in accordance with the person’s terms of appointment.

(2) A person may not be appointed as Commissioner for more than five years at a time, or more than twice.

(3) A person may at any time resign as Commissioner by notice in writing to the First Minister and deputy First Minister.

(4) The First Minister and deputy First Minister acting jointly may dismiss a person from office as Commissioner by notice in writing if satisfied that the person—

(a) has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) has been convicted of a criminal offence;

(c) has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

(d) is unable or unfit to perform the functions of the office.

(5) Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

Commissioner’s salary, etc

3 (1) The Executive Office may pay to or in respect of the Commissioner such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

(2) Where a person ceases to hold office as Commissioner otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Executive Office may pay to or in respect of the person such amount as the Executive Office may determine.

(3) A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

Staff

4 (1) The Commissioner may appoint such number of staff as the Commissioner may determine.

(2) The terms and conditions of a person’s appointment are to be determined by the Commissioner; but that is subject to the provisions of this Schedule.

(3) The Commissioner may pay to or in respect of a member of staff such remuneration, allowances, fees and sums for the provision of a pension as the Commissioner may determine.

(4) Where a person ceases to be a member of staff otherwise than on expiration of a term of appointment and the Commissioner determines that special circumstances justify compensation, the Commissioner may pay to or in respect of the person such amount as the Commissioner may determine.

(5) A determination of the Commissioner under this paragraph requires the approval of the Executive Office and Department of Finance.

Assistance

5 (1) The Executive Office may provide the Commissioner with staff, facilities or services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(2) The Office of Identity and Cultural Expression may provide the Commissioner with services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(3) In this Schedule, a reference to a member of staff includes a reference to a member of staff appointed on secondment; but a period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

Exercise of functions

6 Any function of the Commissioner may be exercised by any member of staff of the Commissioner who has been authorised (whether generally or specially) by the Commissioner for the purpose.

General powers

7 The Commissioner may do whatever the Commissioner considers appropriate for facilitating, or incidental or conducive to, the exercise of the Commissioner’s functions, other than borrowing money.

Funding

8 (1) The Executive Office may make grants to the Commissioner of such amounts as it determines with the approval of the Department of Finance.

(2) The Commissioner must pay to the Executive Office any sums received by the Commissioner in the course of, or in connection with, the exercise of the Commissioner’s functions.

(3) Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may with the approval of the Department of Finance direct.

Accounts

9 (1) The Commissioner must—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must be in such form and contain such information as the Executive Office may with the approval of the Department of Finance direct.

(3) The Commissioner must, within such period after the end of each financial year as the Executive Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Executive Office, and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on every statement of accounts received under sub-paragraph (3), and

(b) send a copy of the report to the Executive Office.

(5) The Executive Office must lay a copy of the statement of accounts and the report of the Comptroller and Auditor General before the Assembly.

(6) In this paragraph and paragraph 10 “financial year” means—

(a) the period beginning with the day on which the first person appointed as Commissioner takes office and ending on the 31 March following that day, and

(b) each successive period of twelve months ending on 31 March.

Annual report

10 (1) As soon as practicable after the end of each financial year, the Commissioner must send to the Executive Office a report on the exercise of the Commissioner’s functions during that year.

(2) The Executive Office must lay a copy of the report before the Assembly.

Seal and evidence

11 (1) The application of the seal of the Commissioner must be authenticated by the signature of—

(a) the Commissioner, or

(b) a member of staff authorised for the purpose.

(2) A document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or signed by or on behalf of the Commissioner is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.

Property

12 (1) Any real or personal property vested in the Commissioner vests (unless and until disclaimed or disposed of) in the successor in office.

(2) Where there is a vacancy in the office of Commissioner at the time when real or personal property would otherwise have vested, the property vests in the successor on appointment.”

Section 3

Schedule 3 Commissioner for the Ulster Scots and the Ulster British tradition

In the Northern Ireland Act after Schedule 9B (inserted by Schedule 2) insert—

Section 78R

“Schedule 9C Commissioner for the Ulster Scots and the Ulster British tradition

Status

1 (1) The Commissioner is not to be regarded—

(a) as a servant or agent of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property held by the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

Tenure of office

2 (1) Subject to the provisions of this Schedule, a person holds office as the Commissioner in accordance with the person’s terms of appointment.

(2) A person may not be appointed as Commissioner for more than five years at a time, or more than twice.

(3) A person may at any time resign as Commissioner by notice in writing to the First Minister and deputy First Minister.

(4) The First Minister and deputy First Minister acting jointly may dismiss a person from office as Commissioner by notice in writing if satisfied that the person—

(a) has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b) has been convicted of a criminal offence;

(c) has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

(d) is unable or unfit to perform the functions of the office.

(5) Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

Commissioner’s salary, etc

3 (1) The Executive Office may pay to or in respect of the Commissioner such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

(2) Where a person ceases to hold office as Commissioner otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Executive Office may pay to or in respect of the person such amount as the Executive Office may determine.

(3) A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

Staff

4 (1) The Commissioner may appoint such number of staff as the Commissioner may determine.

(2) The terms and conditions of a person’s appointment are to be determined by the Commissioner; but that is subject to the provisions of this Schedule.

(3) The Commissioner may pay to or in respect of a member of staff such remuneration, allowances, fees and sums for the provision of a pension as the Commissioner may determine.

(4) Where a person ceases to be a member of staff otherwise than on expiration of a term of appointment and the Commissioner determines that special circumstances justify compensation, the Commissioner may pay to or in respect of the person such amount as the Commissioner may determine.

(5) A determination of the Commissioner under this paragraph requires the approval of the Executive Office and Department of Finance.

Assistance

5 (1) The Executive Office may provide the Commissioner with staff, facilities or services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(2) The Office of Identity and Cultural Expression may provide the Commissioner with services for the purpose of assisting the Commissioner in the exercise of the Commissioner’s functions.

(3) In this Schedule, a reference to a member of staff includes a reference to a member of staff appointed on secondment; but a period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

Exercise of functions

6 Any function of the Commissioner may be exercised by any member of staff of the Commissioner who has been authorised (whether generally or specially) by the Commissioner for the purpose.

General powers

7 The Commissioner may do whatever the Commissioner considers appropriate for facilitating, or incidental or conducive to, the exercise of the Commissioner’s functions, other than borrowing money.

Funding

8 (1) The Executive Office may make grants to the Commissioner of such amounts as it determines with the approval of the Department of Finance.

(2) The Commissioner must pay to the Executive Office any sums received by the Commissioner in the course of, or in connection with, the exercise of the Commissioner’s functions.

(3) Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may with the approval of the Department of Finance direct.

Accounts

9 (1) The Commissioner must—

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must be in such form and contain such information as the Executive Office may with the approval of the Department of Finance direct.

(3) The Commissioner must, within such period after the end of each financial year as the Executive Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Executive Office; and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on every statement of accounts received under sub-paragraph (3); and

(b) send a copy of the report to the Executive Office.

(5) The Executive Office must lay a copy of the statement of accounts and the report of the Comptroller and Auditor General before the Assembly.

(6) In this paragraph and paragraph 10 “financial year” means—

(a) the period beginning with the day on which the first person appointed as Commissioner takes office and ending on the 31 March following that day; and

(b) each successive period of twelve months ending on 31 March.

Annual report

10 (1) As soon as practicable after the end of each financial year, the Commissioner must send to the Executive Office a report on the exercise of the Commissioner’s functions during that year.

(2) The Executive Office must lay a copy of the report before the Assembly.

Seal and evidence

11 (1) The application of the seal of the Commissioner must be authenticated by the signature of—

(a) the Commissioner; or

(b) a member of staff authorised for the purpose.

(2) A document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or signed by or on behalf of the Commissioner is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.

Property

12 (1) Any real or personal property vested in the Commissioner vests (unless and until disclaimed or disposed of) in the successor in office.

(2) Where there is a vacancy in the office of Commissioner at the time when real or personal property would otherwise have vested, the property vests in the successor on appointment.”