Northern Ireland Act 1998

Part IX Supplemental

95 Savings for existing laws

(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 [1920 c. 67.] Government of Ireland Act 1920;

(b) section 1(3) of the [1972 c. 22.] Northern Ireland (Temporary Provisions) Act 1972;

(c) section 38 or 39 of the [1973 c. 36.] Northern Ireland Constitution Act 1973; or

(d) Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974.

(2) The laws continued by section 61 of the [1920 c. 67.] 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.

96 Orders and regulations

(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 34(4), 35(1), 55, 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.

(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.

(5) Regulations under section 87(5) shall be subject to negative resolution (within the meaning given by section 41(6) of the [1954 c. 33 (N.I.).] 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.

97 Financial provision

Any expenditure of the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.

98 Interpretation

(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—

  (a)

  all rights, powers, liabilities, obligations and restrictions created or arising by or under the Community Treaties; and

  (b)

  all remedies and procedures provided for by or under those Treaties;

• “the Convention rights” has the same meaning as in the [1998 c. 42.] 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 Community law or the Convention rights;

• “Judicial Committee” means the Judicial Committee of the Privy Council;

• “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—

  (a)

  Acts of the Parliament of Ireland;

  (b)

  Acts of the Parliament of Northern Ireland;

  (c)

  Orders in Council under section 1(3) of the [1972 c. 22.] Northern Ireland (Temporary Provisions) Act 1972;

  (d)

  Measures of the Northern Ireland Assembly established under section 1 of the [1973 c. 17.] Northern Ireland Assembly Act 1973;

  (e)

  Orders in Council under Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974;

  (f)

  Acts of the Assembly; and

  (g)

  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 16(10);

• “political opinion” and “religious belief” shall be construed in accordance with section 57(2) and (3) of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976;

• “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);

• “subordinate legislation” has the same meaning as in the [1978 c. 30.] 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 [S.I. 1977/2151 (N.I.22).] Agricultural Wages (Regulation) (Northern Ireland) Order 1977;

(b) the [S.I. 1996/1919 (N.I.16).] Employment Rights (Northern Ireland) Order 1996; or

(c) the [S.I. 1996/1921 (N.I.18).] Industrial Tribunals (Northern Ireland) Order 1996,

which is amended or applied by or under the [1998 c. 39.] 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.

99 Minor and consequential amendments

The 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.

100 Transitional provisions, savings and repeals

(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 [1978 c. 30.] 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.

101 Short title and commencement

(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 [1973 c. 36.] 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.