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In force since 2026-01-29, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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The Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland may arrange for any of their functions under sections 78A to 78D to be carried out by one of them acting on behalf of the other (or by them acting jointly).
Propose a change(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 body referred to in note 2 to Schedule 3 but not listed in that Schedule; 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.
Propose a change(1) A body corporate to be known as the Office of Identity and Cultural Expression is established. (2) In this Part “the Office” means the Office of Identity and Cultural Expression. (3) Schedule 9A contains provision about the Office.
Propose a change(1) The principal aims of the Office in exercising functions under this section are— (a) to promote cultural pluralism and respect for diversity in Northern Ireland; (b) to promote social cohesion and reconciliation between those with different national and cultural identities; (c) to increase the capacity and resilience of people in Northern Ireland to address issues related to differences in national and cultural identity; (d) to support, and promote the celebration of, the cultural and linguistic heritage of all people living in Northern Ireland. (2) The Office must— (a) promote awareness of the national and cultural identity principles, (b) monitor and promote compliance with the duty under section 78F(1), and (c) report to the Assembly about compliance with that duty. (3) In carrying out the functions in subsection (2), the Office may in particular— (a) publish, and revise, guidance about— (i) the duty under section 78F(1), including best practice for complying with that duty, and (ii) other matters relating to national and cultural identity in Northern Ireland; (b) undertake, commission or support research into matters relating to national and cultural identity in Northern Ireland (including at the request of the Irish Language Commissioner or the Commissioner for the Ulster Scots and the Ulster British tradition); (c) provide, commission or support educational programmes, engagement and training on matters relating to national and cultural identity in Northern Ireland; (d) provide grants to persons with aims like those described in subsection (1); (e) cooperate with persons with aims like those described in subsection (1) (whether or not relating to Northern Ireland). (4) The First Minister and deputy First Minister acting jointly may direct the Office in relation to the exercise of its functions.
Propose a change(1) The purpose of this Part is to provide official recognition of the status of the Irish language in Northern Ireland by— (a) providing for the appointment of an Irish Language Commissioner, (b) providing for the development of standards of best practice relating to the use of the Irish language by public authorities, and (c) requiring public authorities to have due regard to such standards. (2) This is in addition to any other official recognition of the status of the Irish language including, for example, in— (a) section 28D, (b) the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859), and (c) provision relating to Irish-medium education. (3) Nothing in this Part affects the status of the English language.
Propose a change(1) The First Minister and deputy First Minister acting jointly must appoint an Irish Language Commissioner. (2) The person for the time being holding office as Irish Language Commissioner is by that name a corporation sole. (3) In this Part, “the Commissioner” means the Irish Language Commissioner. (4) Schedule 9B contains provision about the Commissioner.
Propose a change(1) The principal aim of the Commissioner in exercising functions under this Part is to enhance and protect the use of the Irish language by public authorities in the provision of services to the public or a section of the public in Northern Ireland. (2) The Commissioner must— (a) prepare and publish, in accordance with sections 78M and 78N, standards of best practice relating to the use of the Irish language by public authorities, (b) monitor and promote compliance with those standards, and (c) investigate complaints in accordance with section 78P. (3) The Commissioner may provide advice, support and guidance to public authorities in relation to the use of the Irish language and the standards of best practice. (4) The First Minister and deputy First Minister acting jointly may direct the Commissioner in relation to the exercise of the Commissioner’s functions. (5) In this Part, a reference to services is a reference to services whether provided for payment or not.
Propose a change(1) The Commissioner must— (a) prepare written standards of best practice relating to the use of the Irish language by public authorities in the provision of services to the public or a section of the public in Northern Ireland (“best practice standards”), and (b) submit them to the First Minister and deputy First Minister. (2) The First Minister and deputy First Minister acting jointly may approve best practice standards submitted under subsection (1) with or without modifications. (3) The Commissioner must publish best practice standards approved under subsection (2). (4) In preparing best practice standards, the Commissioner must— (a) have due regard to any guidance of the First Minister and deputy First Minister acting jointly, and (b) consult such public authorities or other persons as the Commissioner considers appropriate. (5) Best practice standards— (a) must state the date or dates from which they are to be applicable, and (b) may make different provision for different public authorities or different descriptions of public authority.
Propose a change(1) The Commissioner must, within the period of five years beginning with the day on which best practice standards were last published, review the operation of those standards. (2) The Commissioner may revise or withdraw best practice standards— (a) following a review under subsection (1), or (b) at any other time, if the Commissioner considers it necessary or desirable to do so. (3) The Commissioner must submit any revised best practice standards to the First Minister and deputy First Minister. (4) Subsections (2) to (5) of section 78M apply to revised best practice standards as they apply to best practice standards prepared under section 78M(1).
Propose a change(1) In this Part “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) the Commissioner; (b) the Office of Identity and Cultural Expression; (c) the Commissioner for the Ulster Scots and the Ulster British tradition; (d) the implementation body to which Part 6 of the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859) (language) applies; (e) a body referred to in note 2 to Schedule 3 but not listed in that Schedule. (2) 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”. (3) Regulations under subsection (2) 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 specified functions; (c) include transitional or supplementary provision.
Propose a change(1) The First Minister and deputy First Minister acting jointly must appoint a Commissioner for the Ulster Scots and the Ulster British tradition. (2) The person for the time being holding office as the Commissioner for the Ulster Scots and the Ulster British tradition is by that name a corporation sole. (3) In this Part, “the Commissioner” means the Commissioner for the Ulster Scots and the Ulster British tradition. (4) Schedule 9C contains provision about the Commissioner.
Propose a change(1) The principal aim of the Commissioner in exercising functions under this Part is to enhance and develop the language, arts and literature associated with the Ulster Scots and the Ulster British tradition in Northern Ireland (in this Part referred to as “the relevant language, arts and literature”). (2) The Commissioner must— (a) promote awareness of Ulster Scots services provided by public authorities to the public or a section of the public in Northern Ireland; (b) provide or publish such advice, support and guidance as the Commissioner considers appropriate to public authorities in relation to— (i) developing and encouraging the relevant language, arts and literature (including in relation to facilitating the use of Ulster Scots in the provision of services to the public or a section of the public in Northern Ireland); (ii) the effect and implementation of the international instruments specified in subsection (3) in relation to the relevant language, arts and literature; (c) investigate complaints in accordance with section 78T. (3) The specified international instruments are— (a) the Council of Europe’s Charter for Regional or Minority Languages opened for signature on 5 November 1992, (b) the Council of Europe’s Framework Convention for the Protection of National Minorities opened for signature on 1 February 1995, and (c) the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 November 1989, including any protocols which are in force in relation to the United Kingdom, but subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force. (4) In preparing guidance for publication, the Commissioner must consult with such public authorities and other persons as the Commissioner considers appropriate. (5) The First Minister and deputy First Minister acting jointly may direct the Commissioner in relation to the exercise of the Commissioner’s functions. (6) In subsection (2)(a), “Ulster Scots services” means services provided in Ulster Scots or likely to be of particular interest to those with an interest in the relevant language, arts and literature. (7) In this Part, a reference to services is a reference to services whether provided for payment or not. (8) Nothing in this Part affects the status of the English language.
Propose a change(1) In this Part “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) the Commissioner; (b) the Office of Identity and Cultural Expression; (c) the Irish Language Commissioner; (d) the implementation body to which Part 6 of the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859) (language) applies; (e) a body referred to in note 2 to Schedule 3 but not listed in that Schedule. (2) 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”. (3) Regulations under subsection (2) 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 specified functions; (c) include transitional or supplementary provision.
Propose a changeSchedule 10 (which makes provision in relation to devolution issues) shall have effect.
Propose a change(1) The Secretary of State may by order make such provision as he considers necessary or expedient in consequence of— (a) any provision of an Act of the Assembly which is not, or may not be, within the legislative competence of the Assembly; or (b) any purported exercise by a Minister or Northern Ireland department of his or its functions which is not, or may not be, a valid exercise of those functions. (2) An order under this section may— (a) make provision having retrospective effect; (b) make consequential or supplementary provision, including provision amending or repealing any Northern Ireland legislation, or any instrument made under such legislation; (c) make transitional or saving provision.
Propose a change(1) This section applies where any court or tribunal decides that— (a) any provision of an Act of the Assembly is not within the legislative competence of the Assembly; or (b) a Minister or Northern Ireland department does not have the power to make, confirm or approve a provision of subordinate legislation that he or it has purported to make, confirm or approve. (2) The court or tribunal may make an order— (a) removing or limiting any retrospective effect of the decision; or (b) suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected. (3) In deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected. (4) Where a court or tribunal is considering whether to make an order under this section, it shall order notice of that fact to be given to— (a) the Attorney General for Northern Ireland; and (b) where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of Schedule 10), the appropriate authority, unless the person to whom the notice would be given is a party to the proceedings. (5) A person to whom notice is given under subsection (4) or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly may take part as a party in the proceedings so far as they relate to the making of the order. (6) Paragraphs 37 and 38 of Schedule 10 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that Schedule. (7) In this section “the appropriate authority” means— (a) in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland and ; (b) in relation to proceedings in England and Wales, the Attorney General; (c) in relation to proceedings in Scotland, the Lord Advocate and the Advocate General for Scotland.
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Propose a change(1) This section applies where— (a) any provision of an Act of the Assembly, or of a Bill for such an Act, could be read either— (i) in such a way as to be within the legislative competence of the Assembly; or (ii) in such a way as to be outside that competence; or (b) any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a Northern Ireland authority could be read either— (i) in such a way as not to be invalid by reason of section 24 or, as the case may be, section 76; or (ii) in such a way as to be invalid by reason of that section. (2) The provision shall be read in the way which makes it within that competence or, as the case may be, does not make it invalid by reason of that section, and shall have effect accordingly. (3) In this section “Northern Ireland authority” means a Minister, a Northern Ireland department or a public authority (within the meaning of section 76) carrying out functions relating to Northern Ireland.
Propose a change(1) Her Majesty may by Order in Council make provision with respect to elections (but not the franchise) and boundaries in respect of district councils in Northern Ireland. (1A) The power in subsection (1) includes power to make provision with respect to polls at elections for district councillors when they are combined with polls at other elections. (1B) An Order in Council under subsection (1) may make different provision for different areas about the conduct of elections, including different provision about the registration of persons entitled to vote at an election. (2) Her Majesty may by Order in Council make such amendments of the law of any part of the United Kingdom as appear to Her Majesty to be necessary or expedient in consequence of any provision made by or under— (a) Northern Ireland legislation; or (b) any Act of Parliament passed before this Act in so far as the provision is part of the law of Northern Ireland. (3) An Order in Council under subsection (1) or (2) may contain such consequential and supplemental provisions as appear to Her Majesty to be necessary or expedient. (4) No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.
Propose a change(1) Her Majesty may by Order in Council make provision dealing with any matter falling within a description specified in any of paragraphs 9 to 17 of Schedule 3 (a “relevant matter”), including— (a) provision having retrospective effect; (b) provision for the delegation of functions; (c) provision amending or repealing any provision made by or under any Act of Parliament or Northern Ireland legislation. (2) An Order in Council under this section may— (a) make provision ancillary to provisions (whether in the Order or previously enacted) which deal with any relevant matter; (b) make such consequential, incidental, supplemental, or transitional provision as appears to Her Majesty to be necessary or expedient. (3) No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before and approved by resolution of each House of Parliament. (4) No draft may be laid under subsection (3) unless— (a) the Secretary of State has laid before Parliament a document which contains a draft of the proposed Order; (b) the Secretary of State has referred the document to the Assembly for its consideration; and (c) the period of 60 days beginning with the day on which the document was laid before Parliament has ended. (5) The Assembly may report to the Secretary of State the views expressed in the Assembly on the proposed Order and shall do so if the Secretary of State so requests. (6) The draft laid under subsection (3) must be accompanied— (a) if representations have been made during the period mentioned in subsection (4), by a statement containing a summary of the representations; (b) if a report has been made to the Secretary of State under subsection (5) during that period, by a copy of the report; and (c) if, as a result of any representations or report so made, the proposed Order has been changed, by a statement containing details of the changes. (7) Subsection (3) does not apply to an Order in Council which declares that it has been made to appear to Her Majesty that by reason of urgency the Order requires to be made without a draft having been approved as mentioned in that subsection. (8) Where an Order in Council contains a declaration such as is mentioned in subsection (7)— (a) the Order shall be laid before Parliament after being made; and (b) if at the end of the period of 40 days after the date on which the Order is made it has not been approved by resolution of each House, it shall then cease to have effect (but without prejudice to anything previously done under it or to the making of a new Order). (9) In reckoning the periods mentioned in subsections (4) and (8), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (10) References to Acts of the Assembly in any enactment or instrument shall, so far as the context permits, be deemed to include references to Orders in Council under this section. (11) Orders in Council under this section may be omitted from any annual edition of statutory instruments made by virtue of section 8 of the Statutory Instruments Act 1946. (12) In this section “representations” means representations about a proposed Order in Council under this section made to the Secretary of State and includes— (a) any relevant resolution of either House of Parliament or of the Assembly; and (b) any relevant report or resolution of any committee of either House of Parliament or of the Assembly.
Propose a change(1) Her Majesty may by Order in Council make such provision, including provision amending the law of any part of the United Kingdom, as appears to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, this Act or any Order under section 4 or 6. (2) Orders under subsection (1) may make provision for transferring to a United Kingdom authority, with effect from any date specified in the Order— (a) any functions which immediately before that date are exercisable by a Northern Ireland authority and appear to Her Majesty to be concerned with a matter which is an excepted or reserved matter other than by virtue of an Order under section 4; (b) any functions which immediately before that date are exercisable by a Northern Ireland authority and appear to Her Majesty not to be exercisable in or as regards Northern Ireland by virtue of an Order under section 6. (3) Orders under subsection (1) may make provision for transferring to a Northern Ireland authority, with effect from any date specified in the Order— (a) any functions which immediately before that date are exercisable by a United Kingdom authority and appear to Her Majesty to be concerned with a matter which is a transferred matter other than by virtue of an Order under section 4; (b) any functions which immediately before that date are exercisable by a United Kingdom authority and appear to Her Majesty to be exercisable in or as regards Northern Ireland by virtue of an Order under section 6. (3A) An Order under subsection (1) in relation to an Order under section 4 may make provision doing any of the following— (a) transferring to a United Kingdom authority, with effect from any date specified in the Order under subsection (1), any function which immediately before that date is exercisable by a Northern Ireland authority; (b) transferring to a Northern Ireland authority, with effect from any date specified in the Order under subsection (1), any function which immediately before that date is exercisable by a United Kingdom authority; (c) conferring a function on a United Kingdom authority or a Northern Ireland authority; (d) removing a function from a United Kingdom authority or a Northern Ireland authority. (4) An Order under subsection (1) may make provision, to such extent as may appear to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, this Act or any Order under section 4 or 6— (a) for transferring or apportioning any property, rights or liabilities; (b) for substituting any authority for any other authority in any charter, contract or other document or in any legal proceedings; (c) for any other transitional or consequential matter. (5) Where such provision as is mentioned in subsection (3)(b) has been made by Order in Council under subsection (1), Her Majesty may, if it appears to Her necessary or expedient to do so, by Order in Council— (a) provide that the functions transferred to the Northern Ireland authority shall be exercisable by a United Kingdom authority, either alone or concurrently with the Northern Ireland authority; and (b) make such provision as is mentioned in subsection (4)(a) to (c). (6) No recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament. (7) In this section “Northern Ireland authority” means— (a) a Minister or a Northern Ireland department; (b) the Comptroller and Auditor General for Northern Ireland; or (c) any other public body or holder of public office in Northern Ireland. (8) In this section “United Kingdom authority” means— (a) the Privy Council; (b) any Minister of the Crown; (c) the Defence Council; (d) the Commissioners of Inland Revenue; (e) the Commissioners of Customs and Excise; (f) the Comptroller and Auditor General; or (g) any other public body or holder of public office in the United Kingdom.
Propose a change(1) Her Majesty may by Order in Council make provision amending— (a) the Crime (International Co-operation) Act 2003; or (b) the Extradition Act 2003, for the purpose of transferring to a Minister or a Northern Ireland department, with effect from any date specified in the Order, any relevant function under the Act. (2) In subsection (1) “relevant function” means a function which, immediately before the date specified in the Order,— (a) is exercisable by a Minister of the Crown; and (b) is exercisable in relation to Northern Ireland. (3) An Order under subsection (1) may make provision, to such extent as may appear to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, the Order— (a) for transferring or apportioning any property, rights or liabilities; (b) for substituting any body or person for any other body or person in any charter, contract or other document or in any legal proceedings; (c) for any other transitional or consequential matter. (4) No recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
Propose a change(1) Her Majesty may by Order in Council make provision amending section 7 so as to provide for— (a) enactments to become entrenched; or (b) enactments that are entrenched by virtue of an Order under paragraph (a) to cease to be entrenched. (2) For the purposes of this section an enactment is entrenched if section 7 prevents it from being modified by an Act of the Assembly or subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department. (3) No recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
Propose a change(1) The Secretary of State and the Northern Ireland Minister having responsibility for social security (“the Northern Ireland Minister”) shall from time to time consult one another with a view to securing that, to the extent agreed between them, the legislation to which this section applies provides single systems of social security, child support and pensions for the United Kingdom. (2) Without prejudice to section 28, the Secretary of State with the consent of the Treasury, and the Northern Ireland Minister with the consent of the Department of Finance and Personnel, may make— (a) arrangements for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides single systems of social security, child support and pensions for the United Kingdom; and (b) reciprocal arrangements for co-ordinating the operation of so much of the legislation as operates differently in relation to Great Britain and in relation to Northern Ireland. (3) Such arrangements as are mentioned in subsection (2)(a) or (b) may include provision for making any necessary financial adjustments, other than adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund. (4) The Secretary of State may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide— (a) for adapting legislation (including subordinate legislation) for the time being in force in Great Britain; (b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Northern Ireland have a corresponding effect in relation to Great Britain (but not so as to confer any double benefit); and (c) for determining, in cases where rights accrue both in relation to Great Britain and in relation to Northern Ireland, which of those rights shall be available to the person concerned. (5) The Northern Ireland department having responsibility for social security may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide— (a) for adapting legislation (including subordinate legislation) for the time being in force in Northern Ireland; (b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Great Britain have a corresponding effect in relation to Northern Ireland (but not so as to confer any double benefit); and (c) for determining, in cases where rights accrue both in relation to Northern Ireland and in relation to Great Britain, which of those rights shall be available to the person concerned. (6) This section applies to— (a) the Social Security Contributions and Benefits Act 1992 and the Social Security Contributions and Benefits (Northern Ireland) Act 1992; (b) the Social Security Administration Act 1992 and the Social Security Administration (Northern Ireland) Act 1992; (c) the Child Support Act 1991 and the Child Support (Northern Ireland) Order 1991; (d) the Social Security Pensions Act 1975 and the Social Security Pensions (Northern Ireland) Order 1975; (e) the Social Security Act 1989 and the Social Security (Northern Ireland) Order 1989; (f) the Disability (Grants) Act 1993; (g) the Pension Schemes Act 1993 and the Pensions Schemes (Northern Ireland) Act 1993; (h) the Social Security (Incapacity for Work) Act 1994 and the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; (i) the Jobseekers Act 1995 and the Jobseekers (Northern Ireland) Order 1995; (j) the Pensions Act 1995 and the Pensions (Northern Ireland) Order 1995; (k) the Child Support Act 1995 and the Child Support (Northern Ireland) Order 1995; (l) the Social Security (Recovery of Benefits) Act 1997 and the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997; (m) the Social Security Act 1998 and the Social Security (Northern Ireland) Order 1998. (n) the Welfare Reform and Pensions Act 1999 and the Welfare Reform and Pensions (Northern Ireland) Order 1999 (o) the Child Support, Pensions and Social Security Act 2000 and the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (p) the Social Security Fraud Act 2001 and the Social Security Fraud Act (Northern Ireland) 2001 (q) the State Pension Credit Act 2002 and the State Pension Credit Act (Northern Ireland) 2002 (r) the Age-Related Payments Act 2004 and the Age-Related Payments (Northern Ireland) Order 2004; (s) the Pensions Act 2004 and the Pensions (Northern Ireland) Order 2005 (t) the Welfare Reform Act 2007 and the Welfare Reform Act (Northern Ireland) 2007; (u) the Pensions Act 2007 and the Pensions Act (Northern Ireland) 2008 (v) the Child Maintenance and Other Payments Act 2008, the Mesothelioma, etc., Act (Northern Ireland) 2008, and the Child Maintenance Act (Northern Ireland) 2008; (w) the Pensions Act 2008 and the Pensions (No. 2) Act (Northern Ireland) 2008. (x) the Welfare Reform Act 2012 and the Welfare Reform (Northern Ireland) Order 2015; (y) the Pensions Act 2014 and the Pensions Act (Northern Ireland) 2015; (z) the Pension Schemes Act 2015 and the Pension Schemes Act (Northern Ireland) 2016. (6A) But this section does not apply to the legislation referred to in subsection (6) to the extent that it relates to child benefit or guardian’s allowance. (7) Her Majesty may by Order in Council make any modifications of subsection (6) which She considers necessary or expedient. (8) The following provisions (which are superseded by this section and section 88) shall cease to have effect— (a) sections 177 and 178 of the Social Security Administration Act 1992 (co-ordination and reciprocity with Northern Ireland); (b) sections 153 and 154 of the Social Security Administration (Northern Ireland) Act 1992 (co-ordination and reciprocity with Great Britain); (c) section 56(2) to (4) of the Child Support Act 1991 (co-ordination with Northern Ireland); (d) Article 49(2) and (3) of the Child Support (Northern Ireland) Order 1991 (co-ordination with Great Britain); (e) section 29(2) to (4) of the Child Support Act 1995 (co-ordination with Northern Ireland); (f) Article 20 of the Child Support (Northern Ireland) Order 1995 (co-ordination with Great Britain). (9) Section 189 of the Social Security Administration Act 1992 (regulations and orders: general) shall apply in relation to the power conferred by subsection (4) as it applied in relation to the power conferred by section 177(4) of that Act. (10) The power conferred by subsection (5) shall be construed as if it had been conferred by an Act of the Assembly; and section 165 of the Social Security Administration (Northern Ireland) Act 1992 (regulations and orders: general) shall apply in relation to that power as it applied in relation to the power conferred by section 153(3) of that Act. (11) A statutory instrument containing an Order in Council under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) The Joint Authority continued in being by section 177(2) of the Social Security Administration Act 1992— (a) shall consist of the Secretary of State, the Northern Ireland Minister having responsibility for social security and the Chancellor of the Exchequer; and (b) shall continue in being by the name of the Social Security, Child Support and Pensions Joint Authority for the purposes of the legislation to which section 87 applies. (2) The responsibility of the Joint Authority shall include that of giving effect to arrangements under section 87(2), with power to discharge such functions as may be provided under the arrangements. (3) The Joint Authority shall also have power— (a) to require the making by the Commissioners of Inland Revenue of any necessary adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund, and (b) to make any other necessary financial adjustments. (4) The Joint Authority shall continue— (a) to be a body corporate; and (b) to have an official seal which shall be officially and judicially noticed; and the seal of the Authority may be authenticated by any member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary. (5) Any member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority. (6) The Documentary Evidence Act 1868 shall apply to the Joint Authority as if the Authority were included in the first column of the Schedule to that Act and— (a) as if any member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule; and (b) as if the regulations referred to in that Act included any document issued by the Authority.
Propose a change(1) For subsection (1) of section 149 of the Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee) substitute— (1) The Department may from time to time— (a) refer to the Social Security Advisory Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as the Department thinks fit (including questions as to the advisability of amending any of them); (b) refer to the Industrial Injuries Advisory Council for consideration and advice such questions as the Department thinks fit relating to industrial injuries benefit or its administration. (2) After subsection (2) of that section insert— (2A) Subject— (a) to subsection (3) below; and (b) to section 150 below, where the Department proposes to make regulations relating only to industrial injuries benefit or its administration, it shall refer the proposals, in the form of draft regulations or otherwise, to the Industrial Injuries Advisory Council for consideration and advice. (3) At the end of subsection (3) of that section insert “ ; and subsection (2A) above does not apply to the regulations specified in Schedule 5A to this Act ”. (4) After that subsection insert— (3A) The Industrial Injuries Advisory Council may also give advice to the Department on any other matter relating to industrial injuries benefit or its administration. (5) In subsections (1), (2) and (5) of section 150 of that Act (cases in which consultation not required), after “the Committee”, in each place, insert “ or the Council ”. (6) In subsection (3) of that section— (a) after “the Committee”, in the first place, insert “ or the Council ”; and (b) after “the Committee has made its report” insert “ or, as the case may be, the Council has given its advice ”. (7) In subsection (6) of that section, after the definition of “the Committee” insert— “the Council” means the Industrial Injuries Advisory Council; . (8) After Schedule 5 to that Act insert— SCHEDULE 5A Regulations not requiring prior submission to Industrial Injuries Advisory Council 1 Regulations under section 120(1)(b) of the Contributions and Benefits Act. 2 Regulations which state that they contain only provisions in consequence of an order under section 129 or 132 above. 3 Regulations made within a period of 6 months from the passing of any Act passed after this Act and directed to be construed as one with this Act, where— (a) the regulations state that they contain only regulations to make provision consequential on the passing of the Act; and (b) the Act does not exclude this paragraph in respect of the regulations; and in this paragraph “Act” includes an Act of the Northern Ireland Assembly. 4 Regulations which state that they contain only regulations making with respect to industrial injuries benefit or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration. 5 Regulations which state that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration. 6 Regulations made for the purpose only of consolidating other regulations revoked by them. 7 Regulations making only provision corresponding to provision contained in regulations made by the Secretary of State or the Lord Chancellor in relation to Great Britain. (9) In section 192(5) of the Social Security Administration Act 1992, after the entry relating to section 170 (with Schedule 5) insert— “ section 171 (with Schedule 6); ”.
Propose a change(1) This section applies where in any proceedings— (a) a person claims that an act discriminated against him in contravention of section 24 or 76; and (b) the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying— (i) that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and (ii) that the doing of the act was justified by that purpose. (2) The claimant may, in accordance with rules made under section 91 , appeal against the certificate to the Tribunal, that is to say, the tribunal established under section 91. (3) If on an appeal under subsection (2) the Tribunal determines— (a) that the act specified in the certificate was done for the certified purpose; and (b) that the doing of the act was justified by that purpose, the Tribunal shall uphold the certificate; in any other case, the Tribunal shall quash the certificate. (4) If— (a) the claimant does not appeal against the certificate; or (b) the certificate is upheld on appeal, the certificate shall be conclusive evidence of the matters certified by it. (5) In this section “act” does not include the making, confirmation or approval of a provision of subordinate legislation.
Propose a change(1) There shall be a tribunal in relation to which Schedule 11 shall have effect. (2) The Lord Chancellor may , after consultation with the Lord Chief Justice of Northern Ireland, make rules— (a) for regulating the exercise of rights of appeal to the Tribunal; (b) for prescribing the practice and procedure to be followed on or in connection with appeals to the Tribunal, including the mode and burden of proof and admissibility of evidence on such appeals; and (c) for other matters preliminary or incidental to or arising out of such appeals. (2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act). (3) Rules under this section may provide that— (a) a party to any proceedings before the Tribunal on an appeal; and (b) where the Secretary of State is not party to any such proceedings, the Secretary of State, has the right to be legally represented in the proceedings, subject to any power conferred on the Tribunal by such rules. (4) Rules under this section may, in particular— (a) make provision enabling proceedings before the Tribunal to take place without a party being given full particulars of the reasons for the issue of the certificate which is the subject of the appeal; (b) make provision enabling the Tribunal to hold proceedings in the absence of any person, including a party and any legal representative appointed by a party; (c) make provision about the functions in proceedings before the Tribunal of persons appointed under subsection (7); and (d) make provision enabling the Tribunal to give a party a summary of any evidence taken in his absence. (5) Rules under this section may also include provision— (a) enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal to be performed by a single member of the Tribunal; or (b) conferring on the Tribunal such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions. (6) In making rules under this section, the Lord Chancellor shall have regard, in particular, to— (a) the need to secure that certificates which are the subject of appeals are properly reviewed; and (b) the need to secure that information is not disclosed contrary to the public interest. (7) The Advocate General for Northern Ireland may appoint a person to represent the interests of a party to proceedings before the Tribunal in any proceedings from which he and any legal representative of his are excluded. (8) A person appointed under subsection (7)— (a) shall be a member of the Bar of Northern Ireland; (b) shall not be responsible to the party whose interests he represents. (9) In this section and section 92 “party”, in relation to proceedings on appeal, means the appellant or the person proposing to rely on the certificate which is the subject of the appeal.
Propose a change(1) Where the Tribunal has determined an appeal under section 90— (a) any party to the appeal; or (b) where the Secretary of State was not a party to the appeal, the Secretary of State, may bring a further appeal to the Court of Appeal in Northern Ireland on any question of law material to the Tribunal’s determination. (2) An appeal under this section may be brought only with the leave of the Tribunal or, if such leave is refused, with the leave of the Court of Appeal in Northern Ireland. (3) The Lord Chancellor may , after consultation with the Lord Chief Justice of Northern Ireland, make rules regulating, and prescribing the procedure to be followed on, applications to the Tribunal for leave to appeal under this section. (3A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act). (4) Rules under this section may include provision enabling an application for leave to appeal to be heard by a single member of the Tribunal.
Propose a change(1) Subject to subsection (2), property in relation to which section 31(4) of the Northern Ireland Constitution Act 1973 had effect (property held in trust for Parliament of Northern Ireland etc.) shall on and after the commencement of this section be applied for the purposes of the Assembly or such other purposes as the Department of the Environment (“the Department”) may determine. (2) The Secretary of State may require the Department to make available to him in any premises comprised in the property mentioned in subsection (1) (other than the Parliament Buildings at Stormont) such accommodation and facilities as he may specify. (3) The Secretary of State shall in consideration of the use of any such accommodation and facilities make to the Department such payments out of money provided by Parliament as he and the Department may agree. (4) In so far as any of the property mentioned in subsection (1) was not immediately before the commencement of this section vested in the Department it shall vest in the Department at that commencement; and subsections (1) and (2) shall have effect notwithstanding anything in any deed or other instrument relating to the property to which those subsections apply.
Propose a change(1) Subject to subsection (2), land purchase annuities shall be collected by the Department of Agriculture and paid into the Consolidated Fund of Northern Ireland. (2) A land purchase annuity may be extinguished by, or redeemed with the agreement of, the Department of Agriculture. (3) The Irish Land Purchase Fund shall be wound up and the money standing to its credit shall be paid into the Consolidated Fund of the United Kingdom. (4) In this section “land purchase annuities” means annuities for the repayment of advances made under any enactment relating to land purchase in Northern Ireland.
Propose a change(1) Except so far as otherwise provided by or under this Act, nothing in this Act shall affect the operation in or in relation to Northern Ireland of any law in force on the appointed day or passed or made before that day, including in particular Orders in Council made under— (a) section 69 of the Government of Ireland Act 1920; (b) section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972; (c) section 38 or 39 of the Northern Ireland Constitution Act 1973; or (d) Schedule 1 to the Northern Ireland Act 1974. (2) The laws continued by section 61 of the Government of Ireland Act 1920 shall continue to have effect to the extent provided for by that section (but with any modification necessary for adapting them to this Act). (3) No law made by the Assembly shall have effect so as to prejudice or diminish the rights or privileges of any pensioned officer of a local authority under the provisions of the Local Government (Ireland) Acts 1898 to 1919. (4) No provision of this Act shall— (a) affect the operation before the coming into force of that provision of any Northern Ireland legislation; or (b) render unlawful anything required or authorised to be done by any Act of Parliament, whenever passed. (5) Schedule 12 (which provides for the construction of certain references in existing laws) shall have effect, but subject to any provision made by or under this Act or by any Act of the Assembly.
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Propose a change(1) An order under section 17(4), 25, 26, 27, 31(3) or (6), 38(6), 72(2) or 74(5) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (2) An order under section 4(6),31(2), 34(4), 35(1), 55, 69C(12), 75(3)(a) or (d) or 80 or Schedule 1— (a) shall be made by statutory instrument; and (b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament. (2A) Paragraph (b) of subsection (2) does not apply to an order under section 31(2) if the order declares that the Secretary of State considers it to be expedient for the order to be made without the approval mentioned in that paragraph. (2B) An order containing a declaration under subsection (2A)— (a) shall be laid before Parliament after being made; and (b) shall cease to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 28 days beginning with the date on which it is made. (2C) Subsection (2B)(b) does not prejudice the making of a new order. (2D) In calculating the period of 28 days mentioned in subsection (2B)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (3) Regulations under section 87(4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons. (4) An order under section 61(7)— (a) shall be made by statutory instrument; and (b) shall not be made unless a draft has been laid before and approved by resolution of the House of Commons. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) The powers to make regulations under sections 78F, 78Q and 78U are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (4C) Regulations may not be made under section 78F, 78Q or 78U unless a draft of the regulations has been laid before and approved by resolution of the Assembly. (5) Regulations under section 87(5) shall be subject to negative resolution (within the meaning given by section 41(6) of the Interpretation Act Northern Ireland) 1954). (6) Rules under section 91 or 92— (a) shall be made by statutory instrument; and (b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
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Propose a changeAny expenditure of the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.
Propose a change(1) In this Act— “the appointed day” has the meaning given by section 3(1); “the Assembly” has the meaning given by section 4(5); “the Belfast Agreement” means the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883; ... “the Convention rights” has the same meaning as in the Human Rights Act 1998; “cross-community support” has the meaning given by section 4(5); “designated Nationalist” and “designated Unionist” have the meanings given by section 4(5); “document” includes anything in which information is recorded in any form; “enactment” includes any provision of this Act and any provision of, or of any instrument made under, Northern Ireland legislation; “excepted matter” has the meaning given by section 4(1); “financial year”, unless the context otherwise requires, means a year ending with 31st March; “functions” includes powers and duties, and “confer”, in relation to functions, includes impose; “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement ... the Convention rights; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Minister”, unless the context otherwise requires, has the meaning given by section 7(3); “Minister of the Crown” includes the Treasury; “modify”, in relation to an enactment, includes amend or repeal; “The New Decade, New Approach Deal ” means the deal to restore devolved government in Northern Ireland published by that name in January 2020; “Northern Ireland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland; “Northern Ireland legislation” means— Acts of the Parliament of Ireland; Acts of the Parliament of Northern Ireland; Orders in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972; Measures of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973; Orders in Council under Schedule 1 to the Northern Ireland Act 1974; Acts of the Assembly; and Orders in Council under section 85; “the Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland; “the pledge of office” has the meaning given by section 16C(14); “political opinion” and “religious belief” shall be construed in accordance with Article 2(3) and (4) of the Fair Employment and Treatment (Northern Ireland) Order 1998; “proceedings”, in relation to the Assembly, includes proceedings of any committee; “property” includes rights and interests of any description; “reserved matter” has the meaning given by section 4(1); “the St Andrews Agreement” means the agreement reached on 13 October 2006 at multi-party talks on Northern Ireland held at St Andrews; “subordinate legislation” has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under Northern Ireland legislation; “transferred matter” has the meaning given by section 4(1). (2) For the purposes of this Act, a provision of any enactment, Bill or subordinate legislation deals with the matter, or each of the matters, which it affects otherwise than incidentally. (3) For the purposes of this Act, a provision of any Act or Bill which modifies a provision of— (a) the Agricultural Wages (Regulation) (Northern Ireland) Order 1977; (b) the Employment Rights (Northern Ireland) Order 1996; or (c) the Industrial Tribunals (Northern Ireland) Order 1996, which is amended or applied by or under the National Minimum Wage Act 1998 shall not be treated as dealing with a matter falling within the subject-matter of that Act if the modification affects the national minimum wage and other employment matters in the same way. (4) For the purposes of this Act, a provision of an Act of the Assembly or of subordinate legislation discriminates against any person or class of persons if it treats that person or that class less favourably in any circumstances than other persons are treated in those circumstances by the law for the time being in force in Northern Ireland. (5) For those purposes a person discriminates against another person or a class of persons if he treats that other person or that class less favourably in any circumstances than he treats or would treat other persons in those circumstances. (6) No provision of an Act of the Assembly or of subordinate legislation, and no making, confirmation or approval of a provision of subordinate legislation, shall be treated for the purposes of this Act as discriminating if the provision has the effect of safeguarding national security or protecting public safety or public order. (7) No other act done by any person shall be treated for the purposes of this Act as discriminating if— (a) the act is done for the purpose of safeguarding national security or protecting public safety or public order; and (b) the doing of the act is justified by that purpose. (8) Her Majesty may by Order in Council determine, or make provision for determining, for such purposes of this Act as may be specified, any boundary between— (a) the waters or parts of the sea which are to be treated as adjacent to Northern Ireland; and (b) those which are not, and may make different determinations or provisions for different purposes. (9) No recommendation shall be made to Her Majesty to make an Order in Council under subsection (8) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.
Propose a changeThe enactments mentioned in Schedule 13 shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.
Propose a change(1) The transitional provisions and savings contained in Schedule 14 shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals). (2) The enactments specified in Schedule 15, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.
Propose a change(1) This Act may be cited as the Northern Ireland Act 1998. (2) The following provisions shall come into force on the day on which this Act is passed— (a) sections 3, 55, 86, 93, 96 and 98; (b) paragraph 20 of Schedule 13 and section 99 so far as relating to that paragraph; (c) in Schedule 15, the repeal of section 31(4) to (6) of the Northern Ireland Constitution Act 1973 and section 100(2) so far as relating to that repeal; and (d) this section. (3) The remaining provisions of this Act (except Parts II and III) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
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