SCHEDULES
SCHEDULE 12 Construction of references in existing laws
Preliminary
1
1
Enactments and instruments shall, except where the context otherwise requires, be construed in accordance with this Schedule.
2
In this Schedule “instruments” includes charters, contracts and other documents.
The Parliament and the old Assembly
2
1
References to the Parliament of Northern Ireland shall be construed as including references to—
a
the Assembly established under section 1 of the M1Northern Ireland Assembly Act 1973; and
b
the Assembly.
2
References to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as including references to the Assembly.
Legislation etc of the Parliament or the old Assembly
3
1
A reference to an Act or enactment of the Parliament of Northern Ireland shall be construed as including a reference to an Order in Council under section 1(3) of the M2Northern Ireland (Temporary Provisions) Act 1972.
2
A reference to an Act or enactment of, or a Bill in, the Parliament of Northern Ireland shall be construed as including a reference to—
a
a Measure or proposed Measure of the Assembly established under section 1 of the M3Northern Ireland Assembly Act 1973; and
b
an Act or Bill of the Assembly.
3
A reference to a Measure or proposed Measure of the Assembly so established shall be construed as including a reference to an Act or Bill of the Assembly.
4
A reference to a Measure of the Assembly so established shall be construed as including a reference to an Order in Council under paragraph 1 of Schedule 1 to the M4Northern Ireland Act 1974.
4
1
A reference to a resolution or other decision of the Senate or the House of Commons of the Parliament of Northern Ireland, or of either House of that Parliament, shall be construed as including a reference to a resolution or decision of—
a
the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; or
b
the Assembly.
2
A reference to a resolution or other decision of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as a reference to a resolution or decision of the Assembly.
5
A reference to laying a document before, or presenting it to—
a
the Parliament of Northern Ireland or either House of that Parliament; or
b
the Assembly established under section 1 of the M5Northern Ireland Assembly Act 1973,
shall be construed as a reference to laying it before, or presenting it to, the Assembly.
6
Paragraphs 2 to 5 apply to enactments and instruments passed or made before the appointed day.
Money
7
1
A reference to—
a
money provided by the Parliament of Northern Ireland; or
b
money appropriated by Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973,
shall be construed as a reference to money appropriated by Act of the Assembly.
2
A reference to payment into or out of the Exchequer of Northern Ireland shall be construed as a reference to payment into or out of the Consolidated Fund of Northern Ireland.
3
This paragraph applies to enactments and instruments passed or made before the appointed day.
Office-holders and Ministers
8
1
A reference to—
a
the Governor of Northern Ireland;
b
the Governor of Northern Ireland in Council; or
c
the making of an Order in Council by the Governor of Northern Ireland,
shall be construed as a reference to the Secretary of State or, as the case may be, the making of an order by the Secretary of State.
2
This paragraph applies to enactments and instruments passed or made before 1st January 1974.
9
1
A reference to—
a
the Prime Minister of Northern Ireland; or
b
the chief executive member,
shall be construed as a reference to the First Minister and deputy First Minister acting jointly.
2
References to Northern Ireland executive authorities shall be construed as references to Ministers and the Northern Ireland departments.
3
A reference to—
a
the Executive Committee for Northern Ireland; or
b
the Northern Ireland Executive,
shall be construed as a reference to the Executive Committee established by section 20.
4
This paragraph applies to enactments and instruments passed or made before the appointed day.
10
1
A reference to—
a
a particular Ministry of Northern Ireland; or
b
the Minister in charge of a particular Ministry,
shall, in relation to a function, be construed as a reference to the Northern Ireland department which exercises that function or to the Northern Ireland Minister in charge of that department.
2
A reference to an unspecified Ministry shall be construed as a reference to a Northern Ireland department.
3
This paragraph applies to enactments and instruments passed or made before 1st January 1974.
11
1
A reference to—
a
an unspecified Minister of Northern Ireland; or
b
the head of a Northern Ireland department,
shall be construed as a reference to a Northern Ireland Minister.
2
A reference to the head of a specified Northern Ireland department shall, in relation to a function, be construed as a reference to the Northern Ireland Minister in charge of the department which exercises that function.
3
In sub-paragraph (1) “Northern Ireland Minister” includes the First Minister and the deputy First Minister.
4
This paragraph applies to enactments and instruments passed or made before the appointed day.
Courts
12
1
A reference to the Supreme Court of Judicature in Ireland shall be construed as a reference to the F1Court of Judicature .
2
A reference to the High Court of Justice in Ireland shall be construed as a reference to the High Court of Justice in Northern Ireland.
3
A reference to the Court of Appeal in Ireland shall be construed as a reference to the Court of Appeal in Northern Ireland.
4
This paragraph applies to enactments and instruments passed or made before the passing of the M6Government of Ireland Act 1920.
Equal opportunity bodies
13
1
A reference to—
a
the Fair Employment Commission for Northern Ireland;
b
the Equal Opportunities Commission for Northern Ireland;
c
the Commission for Racial Equality for Northern Ireland; or
d
the Northern Ireland Disability Council,
shall be construed as a reference to the Equality Commission for Northern Ireland.
2
This paragraph applies to enactments and instruments passed or made before section 74 comes into force.