The North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999

PART V N.I. SPECIAL EU PROGRAMMES

The implementation body for special EU programmes N.I.

14.—(1) In this Part “the Body” means the Special EU Programmes Body established by the Agreement.

(2) [F1 Subject to paragraph (3A),] the functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 4 of Annex 1 to the Agreement.

(3) [F2 Subject to paragraph (3A),] the arrangements specified in Parts 4 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply in relation to the Body.

[F3 (3A) For the purposes of paragraphs (2) and (3), Part 4 of Annex 1 and Part 4 of Annex 2 to the Agreement shall be construed [F4 in accordance with—

(a) the supplementary Agreement; and

(b) the further supplementary Agreement].]

(4) Paragraph 1 of Article 3 of the Agreement shall apply in relation to the Body.

(5) Schedule 2 shall have effect in relation to the Body.

Textual Amendments

F1 Words in art. 14(2) inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), arts. 1(2), 2(3); S.I. 1999/3208, art. 2

F2 Words in art. 14(3) inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), arts. 1(2), 2(3); S.I. 1999/3208, art. 2

F3 Art. 14(3A) inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), arts. 1(2), 2(3); S.I. 1999/3208, art. 2

F4 Words in art. 14(3A) substituted (13.6.2007) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/1719), arts. 1(2), 2(3)

Commencement Information

I1 Art. 14 in force at 2.12.1999, see art. 1(2)

[F5 Implementation of PEACE PLUS N.I.

14A.— (1) This article applies during the period beginning with the day on which the Financing Agreement enters into force and ending with 1st July 2032.

(2) The Body has—

(a) the functions of the managing authority, and

(b) the accounting function.

(3) When exercising the functions referred to in paragraph (2), the Body must comply with—

(a) the EU instruments listed in Part 1 of Schedule 4A (basic acts) including as amended or replaced from time to time, to the extent they are relevant to the programme,

(b) the EU instruments listed in Part 2 of Schedule 4A (relevant delegated and implementing acts),

(c) any EU instrument which enters into force after the making of the PEACE PLUS Programme (Northern Ireland) Regulations 2023 and which supplements or implements an EU instrument listed in Part 1 of Schedule 4A, to the extent that instrument is relevant to the programme, and

(d) the terms of the Financing Agreement, including as amended from time to time.

(4) Before entering into a grant agreement with a beneficiary, the Body must ensure the terms of that agreement—

(a) require the beneficiary to comply with the requirements of Article 6.3(2) of the Financing Agreement (which relate to visibility, communication and transparency activities),

(b) meet the requirements of Article 11.3 of the Financing Agreement (which relate to certain intellectual property rights), and

(c) meet the requirements of Article 11.4 of the Financing Agreement (which relate to the retention and availability of documents).

(5) In this article—

“accounting function” has the meaning given by Article 76 of Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (“Regulation (EU) 2021/1060”);

“beneficiary” has the meaning given by Article 2(9) of Regulation (EU) 2021/1060;

“Financing Agreement” means the Financing Agreement between the United Kingdom of Great Britain and Northern Ireland, Ireland and the European Commission on the PEACE PLUS Programme 2021-2027, done in Brussels on the 13th and 15th March 2023;

“functions of the managing authority” mean those functions conferred on the managing authority by—

(a)

the EU instruments listed in Part 1 of Schedule 4A, including as amended or replaced from time to time, and

(b)

the Financing Agreement, including as amended from time to time;

“grant agreement” means a document setting out the conditions for support in accordance with Article 22(6) of Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (“Regulation (EU) 2021/1059”);

“programme” means the Interreg cross-border cooperation programme PEACE PLUS for the programming period 2021 to 2027, as approved by Commission Implementing Decision C(2022) 4931 of 8 July 2022, including as amended from time to time in accordance with Article 19 of Regulation (EU) 2021/1059.]

Textual Amendments

F5 Art. 14A inserted (18.5.2023) by The PEACE PLUS Programme (Northern Ireland) Regulations 2023 (S.I. 2023/477), regs. 1(2), 2(2)

Grants to the body N.I.

15.—(1) The Department of Finance and Personnel may make grants to the Body of such amounts and on such terms and conditions as it may determine.

(2) Any other Northern Ireland department may make grants to the Body of such amounts and on such terms and conditions as it may, with the approval of the Department of Finance and Personnel, determine.

(3) Grants under this Article shall be made out of money appropriated by Act of the Assembly.

Commencement Information

I2 Art. 15 in force at 2.12.1999, see art. 1(2)

Annual report and accounts N.I.

16.  The Minister of Finance and Personnel shall lay before the Assembly a copy of—

(a) the annual report of the Body;

(b) the annual statement of accounts of the Body, certified by the Comptroller and Auditor General; and

(c) any report of the Comptroller and Auditor General on the statement of accounts.

Commencement Information

I3 Art. 16 in force at 2.12.1999, see art. 1(2)