http://www.legislation.gov.uk/ukpga/1998/47/part/IXNorthern Ireland Act 1998An Act to make new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883.1998-11-19texttext/xmlenStatute Law Database2026-01-30Expert Participation2026-01-29 Northern Ireland Act 1998ActNorthern Ireland Act 2006Northern Ireland Act 2006 (repealed)Sch. 2 para. 2(5)s. 1(3)Northern Ireland Act 1998s. 31(2)-(2D)Northern Ireland Act 2006Northern Ireland Act 2006 (repealed)Sch. 3 para. 2(1)s. 1(3)Northern Ireland Act 1998s. 31(2)-(2D)Northern Ireland (St Andrews Agreement) Act 2006Sch. 3 para. 2(1)s. 1(3)Northern Ireland Act 1998s. 31(2E)Northern Ireland Act 2006Northern Ireland Act 2006 (repealed)Sch. 3 para. 3(1)s. 1(3)Northern Ireland Act 1998Sch. 2 para. 9BSaving Gateway Accounts Act 2009s. 27s. 31 Part IX951Except so far as otherwise provided by or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—asection 69 of the Government of Ireland Act 1920;bsection 1(3) of the Northern Ireland (Temporary Provisions) Act 1972;csection 38 or 39 of the Northern Ireland Constitution Act 1973; ordSchedule 1 to the Northern Ireland Act 1974.2The 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).3No 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 1919.4No provision of this Act shall—aaffect the operation before the coming into force of that provision of any Northern Ireland legislation; orbrender unlawful anything required or authorised to be done by any Act of Parliament, whenever passed.5Schedule 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.95A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .961An 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.2An order under section 4(6),31(2), 34(4), 35(1), 55, 69C(12), 75(3)(a) or (d) or 80 or Schedule 1—ashall be made by statutory instrument; andbshall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.2AParagraph (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.2BAn order containing a declaration under subsection (2A)—ashall be laid before Parliament after being made; andbshall 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.2CSubsection (2B)(b) does not prejudice the making of a new order.2DIn 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.3Regulations 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.4An order under section 61(7)—ashall be made by statutory instrument; andbshall not be made unless a draft has been laid before and approved by resolution of the House of Commons.4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4BThe 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 1979.4CRegulations 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. 5Regulations 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).6Rules under section 91 or 92—ashall be made by statutory instrument; andbshall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.96A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97Any expenditure of the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.981In 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; andOrders 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).2For 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.3For the purposes of this Act, a provision of any Act or Bill which modifies a provision of—athe Agricultural Wages (Regulation) (Northern Ireland) Order 1977;bthe Employment Rights (Northern Ireland) Order 1996; orcthe 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.4For 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.5For 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.6No 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.7No other act done by any person shall be treated for the purposes of this Act as discriminating if—athe act is done for the purpose of safeguarding national security or protecting public safety or public order; andbthe doing of the act is justified by that purpose.8Her 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—athe waters or parts of the sea which are to be treated as adjacent to Northern Ireland; andbthose which are not,and may make different determinations or provisions for different purposes.9No 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.99The 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.1001The 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).2The 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.1011This Act may be cited as the Northern Ireland Act 1998.2The following provisions shall come into force on the day on which this Act is passed—asections 3, 55, 86, 93, 96 and 98;bparagraph 20 of Schedule 13 and section 99 so far as relating to that paragraph;cin 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; anddthis section.3The 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.S. 95 wholly in force at 2.12.1999; s. 95 not in force at Royal Assent see s. 101(3); s. 95(5) in force for specified purposes at 1.10.1999 by S.I. 1999/2204, art. 3; s. 95(1)-(4) in force and s. 95(5) in force insofar as not already in force at 2.12.1999 by S.I. 1999/3209, art. 2, Sch.1920 c. 67. 1972 c.22. 1973 c.36. 1974 c.28. 1920 c. 67. 1954 c.33 (N.I.). 1998 c. 42. 1972 c.22. 1973 c.17. 1974 c.28. Words substituted (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(1), Sch. 3; S.R. 1999/81, art. 3(1)1978 c.30. S.I. 1977/2151 (N.I.22). S.I. 1996/1919 (N.I.16). S.I. 1996/1921 (N.I.18). 1998 c.39. S. 99 partly in force; s. 99 in force for specified purposes at Royal Assent see s. 101; s. 99 in force for further specified purposes at 1.10.1999 by S.I. 1999/2204, art. 3; s. 99 in force for further specified purposes at 2.12.1999 by S.I. 1999/3209, art. 2, Sch.S. 100 partly in force; s. 100 in force for specified purposes at Royal Assent see s. 101; s. 100(2) in force for further specified purposes at 1.3.1999 and s. 100(1) in force for further specified purposes at 1.6.1999 by S.I. 1999/340, art. 2(3)(5), Sch. Pts. 3, 4; s. 100(2) in force for further specified purposes at 1.10.1999 by S.I. 1999/2204, art. 3; s. 100(1) in force for further specified purposes at 2.8.1999 by S.I. 1999/2204, art. 5; s. 100(2) in force for further specified purposes and s.100(1) in force at 2.12.1999 insofar as not already in force by S.I. 1999/3209, art. 2, Sch.1978 c.30. 1973 c.36. S. 101(3) power partly exercised (11.2.1999): different dates appointed for specified provisions by S.I. 1999/340S. 101(3) power partly exercised (18.6.1999): 21.6.1999 appointed for specified provision by S.I. 1999/1753S. 101(3) power partly exercised (30.11.1999): 2.12.1999 appointed for specified provisions by S.I. 1999/3209S. 101(3) power partly exercised (26.10.1999): 28.10.1999 appointed for specified provisions by S.I. 1999/2936S. 101(3) power partly exercised (28.7.1999): different dates appointed for specified provisions by S.I. 1999/2204Words in s. 96(2) inserted (15.5.2003) by Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003 (c. 12), s. 1(3)(a)S. 96(2A)-(2D) inserted (15.5.2003) by Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003 (c. 12), s. 1(3)(b)Word '31(2)' in section 96(2) continued (temp. to 15.11.2003) (15.5.2003) by Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003 (c. 12), s. 7(1)(a)(ii) (subject to s. 7(4))S. 96(2A)-(2D) continued (temp. to 15.11.2003) (15.5.2003) by Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003 (c. 12), s. 7(1)(a)(iii) (subject to s. 7(4))S. 98(2)(3) applied (prosp.) by Civil Partnership Act 2004 (c. 33), ss. 247(9), 263(7)S. 98(2)(3) applied (prosp.) by Civil Partnership Act 2004 (c. 33), ss. 247(9), 263(7)S. 98(1): entry for 'Judicial Committee' repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 146, 148, Sch. 9 para. 112(b), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(a)(d)(f)S. 98(1): words in definition of 'the pledge of office' substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5), (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 5 para. 5} (with s. 1(3)); S.I. 2007/1397, art. 2S. 98(1): definition of 'the St. Andrews Agreement' inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 19, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 7 para. 3} (with s. 1(3)); S.I. 2007/1397, art. 2Words in s. 96(2) inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 16(2), 53, (with s. 20); S.I. 2007/2045, art. 2(2)(3)(j)Words in s. 96(2) inserted (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 10(2), 30(1), 31, Sch. 4 para. 11; S.I. 2009/448, art. 2Words in s. 98(1) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 59(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)S. 95A repealed (1.4.2011) by Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(j)S. 96A omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 3(6)Words in s. 98(1) inserted (8.2.2022) by Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 (c. 2), ss. 2(4), 9Words in s. 98(1) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 59(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)S. 96(4A) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 3(5)S. 96(4B)(4C) inserted (6.12.2022) by Identity and Language (Northern Ireland) Act 2022 (c. 45), ss. 9(1), 10(1)