Northern Ireland Act 1998

[F178FNational and cultural identity principlesU.K.

(1)A public authority must in carrying out functions relating to Northern Ireland have due regard to the national and cultural identity principles.

(2)The “national and cultural identity principles” are—

(a)the principle that everybody in Northern Ireland is free to—

(i)choose, affirm, maintain and develop their national and cultural identity, and

(ii)express and celebrate that identity in a manner that takes account of the sensitivities of those with different national and cultural identities and respects the rule of law, and

(b)the principle that public authorities should encourage and promote reconciliation, tolerance and meaningful dialogue between those with different national and cultural identities with a view to promoting parity of esteem, mutual respect and understanding, and cooperation.

(3)In this Part, a reference to a person’s national and cultural identity is a reference to a person’s religious belief, political opinion or racial group.

(4)In this section—

  • “public authority” means an authority listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4 (N.I.)), but does not include—

    (a)

    a body referred to in note 2 to Schedule 3 but not listed in that Schedule;

    (b)

    the Office of Identity and Cultural Expression (see section 78G);

  • “racial group” has the same meaning as in the Race Relations (Northern Ireland) Order 1997.

(5)The First Minister and deputy First Minister acting jointly may by regulations modify this section for the purpose of adding authorities to or removing authorities from the definition of “public authority”.

(6)Regulations under subsection (5) may—

(a)add an authority only if the provision adding the authority—

(i)would be within the legislative competence of the Assembly if it were contained in an Act of the Assembly, and

(ii)would not, if it were contained in a Bill of the Assembly, result in that Bill requiring the consent of the Secretary of State;

(b)add or remove an authority for a particular purpose, or in relation to particular functions;

(c)include transitional or supplementary provision.]

Textual Amendments