SCHEDULES

SCHEDULE 12Construction of references in existing laws

Section 95(5).

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 [1973 c. 17.] Northern 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 [1972 c. 22.] Northern 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 [1973 c. 17.] Northern 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 [1974 c. 28.] Northern 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 [1973 c. 17.] Northern 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 Supreme Court of Judicature of Northern Ireland.

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 [1920 c. 67.] Government 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.