Identity and Language (Northern Ireland) Act 2022
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6 Concurrent powers and powers of direction
(1) The Secretary of State may do anything that a Northern Ireland Minister or Northern Ireland department could do in the exercise of an identity and language function. (2) The Secretary of State may direct a Northern Ireland Minister, Northern Ireland department or identity and language authority to do or not do anything that the Minister, department or authority— (a) could do in the exercise of an identity and language function; (b) could otherwise do (but this is subject to subsection (3)). (3) The Secretary of State may give a direction under subsection (2)(b) if the Secretary of State considers the direction appropriate— (a) for the purpose of ensuring the effective operation of an identity and language authority, or (b) in relation to the exercise, by the Secretary of State, of another function under this section. (4) After giving a direction under subsection (2), the Secretary of State must— (a) lay a copy of the direction before Parliament, and (b) publish the direction. (5) In this Part— “identity and language authority” means— the Office of Identity and Cultural Expression; the Irish Language Commissioner; the Commissioner for the Ulster Scots and the Ulster British tradition; “identity and language function” means— a function conferred by or under Parts 7A to 7C of the Northern Ireland Act 1998 other than a power to make regulations or give a direction, or a function ancillary to such a function; “Northern Ireland Minister” includes the First Minister and deputy First Minister acting jointly.
6 Concurrent powers and powers of direction
(1) The Secretary of State may do anything that a Northern Ireland Minister or Northern Ireland department could do in the exercise of an identity and language function. (2) The Secretary of State may direct a Northern Ireland Minister, Northern Ireland department or identity and language authority to do or not do anything that the Minister, department or authority— (a) could do in the exercise of an identity and language function; (b) could otherwise do (but this is subject to subsection (3)). (3) The Secretary of State may give a direction under subsection (2)(b) if the Secretary of State considers the direction appropriate— (a) for the purpose of ensuring the effective operation of an identity and language authority, or (b) in relation to the exercise, by the Secretary of State, of another function under this section. (4) After giving a direction under subsection (2), the Secretary of State must— (a) lay a copy of the direction before Parliament, and (b) publish the direction. (5) In this Part— “identity and language authority” means— the Office of Identity and Cultural Expression; the Irish Language Commissioner; the Commissioner for the Ulster Scots and the Ulster British tradition; “identity and language function” means— a function conferred by or under Parts 7A to 7C of the Northern Ireland Act 1998 other than a power to make regulations or give a direction, or a function ancillary to such a function; “Northern Ireland Minister” includes the First Minister and deputy First Minister acting jointly.
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