- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Northern Ireland Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(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;
“Community law” means—
all rights, powers, liabilities, obligations and restrictions created or arising by or under the Community Treaties; and
all remedies and procedures provided for by or under those Treaties;
“the Convention rights” has the same meaning as in the M1Human 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 Community law or the Convention rights;
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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;
“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 M2Northern Ireland (Temporary Provisions) Act 1972;
Measures of the Northern Ireland Assembly established under section 1 of the M3Northern Ireland Assembly Act 1973;
Orders in Council under Schedule 1 to the M4Northern 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;
“political opinion” and “religious belief” shall be construed in accordance with [F3Article 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);
[F4“the St Andrews Agreement” means the agreement reached on 13 October 2006 at multi-party talks on Northern Ireland held at St Andrews;]
“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 M6Agricultural Wages (Regulation) (Northern Ireland) Order 1977;
(b)the M7Employment Rights (Northern Ireland) Order 1996; or
(c)the M8Industrial Tribunals (Northern Ireland) Order 1996,
which is amended or applied by or under the M9National 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.
Modifications etc. (not altering text)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: