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Northern Ireland Act 1998

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Northern Ireland Act 1998, Section 91 is up to date with all changes known to be in force on or before 28 May 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act modified (cond.) by 2006 c. 17 Sch. 2 para. 2(5) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 17 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 53 Sch. 3 para. 2(1) (This amendment This amendment not applied to legislation.gov.uk to legislation.gov.uk. It is a conditional amendment that was never brought into force. Sch. 3 repealed (10.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), s. 2(5) (as amended by 2007 c. 4, s. 1(1)), Sch. 4 para. 3 (with s. 1(3)); S.I. 2007/1397, art. 2)
  • s. 31(2E) inserted (cond.) by 2006 c. 17 Sch. 3 para. 3(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • Sch. 2 para. 9B inserted by 2009 c. 8 s. 27 (This amendment not applied to legislation.gov.uk. The amending provision was repealed (16.2.2011) without ever being in force by 2010 c. 36, ss. 2(1), 4(2))
  • Sch. 3 para. 9(1)(a)-(ac) substituted for Sch. 3 para. 9(a) by 2016 c. 25 Sch. 10 para. 2

91 The Tribunal.E+W+S+N.I.

(1)There shall be a tribunal in relation to which Schedule 11 shall have effect.

(2)The Lord Chancellor may [F1, 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.

[F2(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 [F3Advocate 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1S. 91 applied (16.8.1999) by S.I. 1998/3162 (N.I. 21), arts. 80(5), 96, 98; S.R. 1999/355, art. 2(a)

Commencement Information

I1S. 91 wholly in force at 2.8.1999; s. 91 not in force at Royal Assent see s. 101(3); s. 91(1) in force for specified purposes at 15.2.1999 and s. 91(2)-(6) in force at 1.3.1999 by S.I. 1999/340, art. 2(2)(3), Sch. Pts. 2, 3; s. 91 in force at 2.8.1999 insofar as not already in force by S.I. 1999/2204, art. 5

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