http://www.legislation.gov.uk/id/ukpga/1998/47

C1SCHEDULE 1 Polls for the purposes of section 1

Section 1(1).

Annotations:

Modifications etc. (not altering text)

C1

Sch. 1 amended (16.2.2001) by 2000 c. 41, s. 102 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I

1

The Secretary of State may by order direct the holding of a poll for the purposes of section 1 on a date specified in the order.

2

Subject to paragraph 3, the Secretary of State shall exercise the power under paragraph 1 if at any time it appears likely to him that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland.

3

The Secretary of State shall not make an order under paragraph 1 earlier than seven years after the holding of a previous poll under this Schedule.

4

1

An order under this Schedule directing the holding of a poll shall specify—

a

the persons entitled to vote; and

b

the question or questions to be asked.

2

An order—

a

may include any other provision about the poll which the Secretary of State thinks expedient (including the creation of criminal offences); and

b

may apply (with or without modification) any provision of, or made under, any enactment.

C11SCHEDULE 2 Excepted matters

Section 4(1).

Annotations:

Modifications etc. (not altering text)

C11

Sch. 2 excluded by 1994 c. 9, s. 30A(11)(a) (as inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 23 para. 9)

1

The Crown, including the succession to the Crown and a regency, but not—

C2a

functions of the First Minister and deputy First Minister, the Northern Ireland Ministers or the Northern Ireland departments, or functions in relation to Northern Ireland of any Minister of the Crown;

b

property belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police);

c

the foreshore or the sea bed or subsoil or their natural resources so far as vested in Her Majesty in right of the Crown.

2

The Parliament of the United Kingdom; parliamentary elections, including the franchise; disqualifications for membership of that Parliament.

3

International relations, including relations with territories outside the United Kingdom, F99the European Union (and their institutions) and other international organisations F60and extradition , and international development assistance and co-operation, but not—

a

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62aa

co-operation between the Police Service of Northern Ireland and the Garda Síochána with respect to any of the following matters—

i

transfers, secondments, exchanges or training of officers;

ii

communications (including liaison and information technology);

iii

joint investigations;

iv

disaster planning;

b

the exercise of legislative powers so far as required for giving effect to any agreement or arrangement entered into—

i

by a Minister or junior Minister participating, by reason of F59any provision of section 52A or 52B , in a meeting of the North-South Ministerial Council or the British-Irish Council; or

ii

by, or in relation to the activities of, any body established for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council;

c

c

reductions in and deductions from national insurance contributions;

d

national insurance rebates;

e

payments out of public money to money purchase pension schemes;

f

contributions equivalent premiums;

g

rights to return to the state pension scheme.

Sub-paragraph (a) includes the determination, payment, collection and return of national insurance contributions and matters incidental to those matters.

Sub-paragraph (b) does not include payments out of the Northern Ireland National Insurance Fund which relate to—

i

the benefits mentioned in section 143(1) of the M1Social Security Administration (Northern Ireland) Act 1992, or benefits substantially of the same character as those benefits; or

ii

administrative expenses incurred in connection with matters not falling within sub-paragraphs (a) to (g).

Sub-paragraphs (b) and (e) do not include payments out of or into the Northern Ireland National Insurance Fund under—

i

section 172(1)(b), (2)(a) or (7)(c) of the M2Pension Schemes (Northern Ireland) Act 1993; or

ii

Article 202, 227, 234 or 252 of the M3Employment Rights (Northern Ireland) Order 1996.

In this paragraph “contributions equivalent premium” has the meaning given by section 51(2) of the Pension Schemes (Northern Ireland) Act 1993.

F110A

Tax credits under Part 1 of the Tax Credits Act 2002.

F210B

F65Health in pregnancy grant, Child benefit and guardian’s allowance.

F8810C

The operation of the Childcare Payments Act 2014.

11

The F117determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) of judges of the F48Court of Judicature of Northern Ireland, holders of offices listed in column 1 of Schedule 3 to the M4Judicature (Northern Ireland) Act 1978, county court judges, recorders, resident magistrates, F132... coroners, the Chief and other Social Security Commissioners for Northern Ireland F123and the Chief and other Child Support Commissioners for Northern Ireland .

F4911A

The Supreme Court F104, but not rights of appeal to the Supreme Court or legal aid for appeals to the Supreme Court .

12 F1531

Elections, including the franchise, in respect of the Northern Ireland Assembly F101... and district councils.

F742

This paragraph does not apply to—

a

the division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts,

b

the determination of the names of district electoral areas, or

c

the determination of the number of councillors to be elected for a district electoral area or a local government district.

F313

The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies).

This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties.

14

Coinage, legal tender and bank notes.

15

The National Savings Bank.

16

The subject-matter of the M5Protection of Trading Interests Act 1980.

F14116A

Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.

In this paragraph—

“Public authority” means a person who exercises functions of a public nature.
“Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.
A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.
A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.

17

National security (including the Security Service, the Secret Intelligence Service and the Government Communications Headquarters); special powers and other provisions for dealing with terrorism or subversion; F148the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016; the subject-matter of—

a

the Official Secrets Acts M61911 and M71920;

F91b

the subject-matter of sections 3 to 10, Schedule 1, Part 2 and Chapter 1 of Part 6 of the Investigatory Powers Act 2016, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act);

c

the M8Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.

18

Nuclear energy and nuclear installations, including nuclear safety, security and safeguards, and liability for nuclear occurrences, but not the subject-matter of—

a

section 3(5) to (7) of the M9Environmental Protection Act 1990 (emission limits); or

b

the M10Radioactive Substances Act 1993.

19

Regulation of sea fishing outside the Northern Ireland zone (except in relation to Northern Ireland fishing boats).

In this paragraph “Northern Ireland fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the M11Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.

20

Regulation of activities in outer space.

F7020A

Regulation of activities in Antarctica (which for these purposes has the meaning given by section 1 of the Antarctic Act 1994).

21

Any matter with which a provision of the M12Northern Ireland Constitution Act 1973F71, other than section 36(1)(c), solely or mainly deals.

F12121A

The office and functions of the Advocate General for Northern Ireland.

C622

Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—

a

Parts I and II;

b

Part III except sections 19, 20, 22, 23(2) to (4) F53, 28, 28A, 28B, 28D and 28E ;

c

Part IV except sections 40, 43, 44(8) and 50 and Schedule 5;

d

in Part V, sections F5452A to 52C and 54;

e

Part VI except sections 57(1) and 67;

F93f

in Part VII, sections 69B, 71(1) and (2) and (3) to (5), 74(5) and (6), 76 and 78;

g

in Part VIII, sections 79 to 83 and Schedule 10.

This paragraph does not apply to—

i

any matter in respect of which it is stated by this Act that provision may be made by Act of the Assembly;

ii

any matter to which a description specified in this Schedule or Schedule 3 is stated not to apply; or

iii

any matter falling within a description specified in Schedule 3.

C10SCHEDULE 3 Reserved matters

Section 4(1).

Annotations:

Modifications etc. (not altering text)

C10

Sch. 3 excluded by 1994 c. 9, s. 30A(11)(a) (as inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 23 para. 9)

1

The conferral of functions in relation to Northern Ireland on any Minister of the Crown F80apart from the Advocate General for Northern Ireland .

2

Property belonging to Her Majesty in right of the Crown or belonging to a department of the Government of the United Kingdom or held in trust for Her Majesty for the purposes of such a department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police).

3

Navigation, including merchant shipping, but not harbours or inland waters.

4

Civil aviation but not aerodromes.

5

The foreshore and the sea bed and subsoil and their natural resources (except so far as affecting harbours); submarine pipe-lines; submarine cables, including any land line used solely for the purpose of connecting one submarine cable with another.

6

Domicile.

F47

The subject-matter of the Postal Services Act 2000.

This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices.
In this paragraph “postal services” and “public post offices” have the same meanings as in the Postal Services Act 2000.

F1357A

The alteration of the number of members of the Assembly returned for each constituency.

This paragraph does not include—

a

the alteration of that number to a number lower than five or higher than six, or

b

the provision of different numbers for different constituencies.

8

Disqualification for membership of the Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 50.

the National Crime Agency;

h

in relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.

2

In sub-paragraph (1)(h) “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.

3

This paragraph does not include any excepted matters or any matter within paragraph 10 of this Schedule.

F929A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8110

1

The subject-matter of the Public Processions (Northern Ireland) Act 1998.

2

In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).

3

This paragraph does not include any matter within paragraph 17 of Schedule 2.

F9511

The operation of the temporary provisions, as defined in section 47 of the Police (Northern Ireland) Act 2000.

F10211A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10612

1

Items for the time being specified in Article 45(1) or (2) of the Firearms (Northern Ireland) Order 2004; and the subject-matter of Article 45(10) of that Order.

2

The security of explosives, including—

a

the prevention of loss or theft of explosives,

b

the prevention of the use of explosives for wrongful purposes, and

c

the detection, identification and traceability of explosives.

This sub-paragraph does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 1970.

13

Civil defence.

14

The subject-matter of F13Part 2 of the Civil Contingencies Act 2004 .

F15214A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15915A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

The F128... Civil Service Commissioners for Northern Ireland.

F12617

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the M13Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).

19

The subject-matter of the Vaccine Damage Payment Scheme.

20

Import and export controls and trade with any place outside the United Kingdom but not—

a

the furtherance of the trade of Northern Ireland or the protection of traders in Northern Ireland against fraud;

b

services in connection with, or the regulation of, the quality, insurance, transport, marketing or identification of agricultural or food products, including livestock;

c

the prevention of disease or the control of weeds and pests;

d

aerodromes and harbours;

e

any matter within paragraph 4 of Schedule 2.

21

The subject-matter of the M14National Minimum Wage Act 1998.

22

The subject-matter of the following provisions of the M15Pension Schemes Act 1993—

a

section 6(1), (2)(a)(i), (iii) and (iv) and (b), (3), (4) and (8) (registration of occupational and personal pension schemes);

b

section 145 (Pensions Ombudsman).

23

The following matters—

a

financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance;

b

financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

This paragraph does not include the subject-matter of—

a

the M16Industrial and Provident Societies Act Northern Ireland) 1969;

b

the M17Credit Unions (Northern Ireland) Order 1985;

c

the M18Companies (Northern Ireland) Order 1986;

d

the M19Insolvency (Northern Ireland) Order 1989;

e

the M20Companies (Northern Ireland) Order 1990;

f

the M21Companies (No.2) (Northern Ireland) Order 1990;

g

the M22Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

24

The subject-matter of—

a

the M23Building Societies Act 1986;

b

the M24Friendly Societies Act 1992.

25

The subject-matter of F122the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 , but in relation to any type of business.

F11125A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

27

Intellectual property but not the subject-matter of Parts I and II of the M25Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

28

Units of measurement and United Kingdom primary standards.

29

Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the M26Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the M27Wireless Telegraphy Act 1949 (electromagnetic disturbance).

30

The National Lottery (except in so far as any matter within Schedule 2 is concerned).

31

Xenotransplantation.

32

Surrogacy arrangements, within the meaning of the M28Surrogacy Arrangements Act 1985, including the subject-matter of that Act.

33

The subject-matter of the M29Human Fertilisation and Embryology Act 1990.

34

Human genetics.

35

Research Councils within the meaning of the M30Science and Technology Act 1965.

F8335A

United Kingdom Research and Innovation.

36

Areas in which industry may qualify for assistance under Part III of the M31Industrial Development Act 1982.

37

Consumer safety in relation to goods.

38

F97The subject matter of all technical standards and requirements in relation to products that had effect immediately before F84IP completion day in pursuance of an obligation under EU law, other than standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides.

39

The subject-matter of section 3(5) to (7) of the M32Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.

40

The subject-matter of—

a

the M33Data Protection Act 1984;

b

the M34Data Protection Act 1998; and

c

Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and free movement of such data).

41

Oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 77(3).

F14241A

1

The division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts.

2

The determination of the names of district electoral areas.

3

The determination of the number of councillors to be elected for a district electoral area or a local government district.

42

Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—

a

in Part III, sections 19, 20 F55, 28, 28A and 28B ;

F144aa

in Part VII, sections 68 to 69A, 69C to 70, 71(2A) to (2C) and Schedule 7;

b

in Part VII, sections 73, 74(3) and (4), 75 and 77(1), (2) and (4) to (8) and Schedules 8 and 9;

F94ba

in Part VII, sections 78A to 78E;

c

in Part VIII, sections 90 to 93 and Schedule 11.

This paragraph does not apply to—

i

any matter in respect of which it is stated by this Act that provision may be made by Act of the Assembly; or

ii

any matter to which a description specified in this Schedule or Schedule 2 is stated not to apply.

SCHEDULE 4 Annex A to Strand One of Belfast Agreement

Section 16(10).

Pledge of Office

To pledge:

a

to discharge in good faith all the duties of office;

b

commitment to non-violence and exclusively peaceful and democratic means;

c

to serve all the people of Northern Ireland equally, and to act in accordance with the general obligations on government to promote equality and prevent discrimination;

F56ca

to promote the interests of the whole community represented in the Northern Ireland Assembly towards the goal of a shared future;

cb

to participate fully in the Executive Committee, the North-South Ministerial Council and the British-Irish Council;

cc

to observe the joint nature of the offices of First Minister and deputy First Minister;

cd

to uphold the rule of law based as it is on the fundamental principles of fairness, impartiality and democratic accountability, including support for policing and the courts as set out in paragraph 6 of the St Andrews Agreement;

F77ce

to support the rule of law unequivocally in word and deed and to support all efforts to uphold it;

cf

to work collectively with the other members of the Executive Committee to achieve a society free of paramilitarism;

cg

to challenge all paramilitary activity and associated criminality;

ch

to call for, and to work together with the other members of the Executive Committee to achieve, the disbandment of all paramilitary organisations and their structures;

ci

to challenge paramilitary attempts to control communities;

cj

to support those who are determined to make the transition away from paramilitarism;

ck

to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment;

d

to participate with colleagues in the preparation of a programme for government;

e

to operate within the framework of that programme when agreed within the Executive Committee and endorsed by the Assembly;

f

to support, and act in accordance with, all decisions of the Executive Committee and Assembly;

g

to comply with the Ministerial Code of Conduct.

F57Paragraph 6 of the St Andrews Agreement says: We believe that the essential elements of support for law and order include endorsing fully the Police Service of Northern Ireland and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions, including the Policing Board.

Code of Conduct

F861

1

Ministers must at all times—

a

maintain the highest standards of conduct and behave in a way that upholds the highest standards of propriety;

b

be accountable to the Assembly and the public for the decisions and actions of their departments and agencies, including stewardship of public funds and the extent to which key performance targets and objects have been met;

c

uphold the Nolan principles;

d

comply with this code and with rules relating to the use of public funds;

e

operate in a way that is conducive to promoting good community relations and equality of opportunity, treating all those with whom they come into contact with consideration and respect;

f

ensure that no conflict arises, or could be reasonably perceived to arise, between Ministers’ public duties and their private interests, financial or otherwise, and comply with rules concerning conflicts of interest;

g

refrain from using information gained in the course of their service for personal gain and from using the opportunity of public service to promote their private interests;

h

ensure that official resources are not used for party political purposes;

i

comply with rules regarding the management of official information;

j

comply with rules on the acceptance of gifts and hospitality;

k

uphold the political impartiality of the civil service, not asking civil servants to act in any way which would conflict with the Northern Ireland Civil Service Code of Ethics;

l

make civil service and public appointments in accordance with relevant legislation and relevant recruitment codes; and ensure that the rules on management and conduct of special advisers, including discipline, are complied with.

2

“The Nolan principles” means the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850) as revised or replaced from time to time.

F63SCHEDULE 4ADepartment with policing and justice functions

Section 21A

Annotations:

Amendments (Textual)

F63

Sch. 4A inserted (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 17, 31, Sch. 2 (as amended (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 9, 27, Sch. 5 paras. 8-14, Sch. 6 (with s. 1(3)); S.I. 2007/1397, art. 2 (which amending Act was itself amended (27.3.2007) by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)) and as amended (11.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 44, 53, Sch. 5 paras. 2, 3; S.I. 2009/446, art. 3); S.I. 2009/448, art. 2

Part 1Department in the charge of Minister approved by resolution of Assembly F68by virtue of section 21A(3)

Annotations:

Amendments (Textual)

F68

Words in Sch. 4 Pt. 1 heading inserted (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 1, 5, Sch. 1 para. 4(2)

Introduction

1

This Part of this Schedule has effect in relation to a Northern Ireland department—

a

the functions of which consist wholly or mainly of devolved policing and justice functions; and

b

in relation to which an Act of the Assembly provides, by virtue of section 21A(3), for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) appointed by virtue of a nomination—

i

made by the First Minister and the deputy First Minister acting jointly; and

ii

approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.

2

In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

Modification of section 16A

1A

Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

aa

once those offices have been filled, the relevant Ministerial office (within the meaning of Part 1 of Schedule 4A) shall be filled by applying paragraph 3(3) to (6) of that Schedule; and

b

once that office has been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

Section 18 not to apply to relevant Minister

2

1

Section 18 (Northern Ireland Ministers) shall not apply in relation to—

a

the relevant Minister; or

b

the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),

and paragraph 3 shall apply instead.

2

But the references to Ministerial offices in—

a

subsection (1)(c) and (d) of section 18; and

b

subsection (5) of that section (in the definition of M),

shall be taken to include the relevant Ministerial office.

Provisions relating to relevant Minister

3

1

Where any of the conditions in paragraphs (b) to (e) of section 18(1) is satisfied—

a

the relevant Minister shall (if holding office at the time) cease to hold office; and

b

the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

2

The relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices.

3

The First Minister and the deputy First Minister acting jointly shall nominate a member of the Assembly to hold the relevant Ministerial office.

3A

But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.

4

The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—

a

a majority of the members voting on the motion for the resolution;

b

a majority of the designated Nationalists voting; and

c

a majority of the designated Unionists voting.

5

If—

a

the nomination does not take effect within a period specified in standing orders; or

b

the nominated person does not take up the office for which he has been nominated within that period,

a further nomination of a member of the Assembly shall be made under sub-paragraph (3).

6

Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial office is filled.

7

The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold the relevant Ministerial office.

8

The relevant Minister shall not take up office until he has affirmed the terms of the pledge of office.

9

The relevant Minister shall cease to hold office if—

a

he resigns by notice in writing to the First Minister and the deputy First Minister;

b

he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or

c

he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal; or

d

where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.

10

If the relevant Minister ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1), the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

10A

If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of sub-paragraph (10),—

a

the total number of Ministerial offices held by members of a political party increases; or

b

b

the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

F11212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In this paragraph, a reference to a period of exclusion F138... is, in the case of a period of exclusion F138... which has been extended, a reference to that period as extended.

14

In this paragraph “nominating officer” has the same meaning as in section 18.

F69Part 1ADepartment in the charge of Minister approved by resolution of the Assembly by virtue of section 21A(3A)

Annotations:

Amendments (Textual)

F69

Sch. 4A Pt. 1A inserted (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 1, 5, Sch. 1 para. 4(3)

3AIntroduction

1

This Part of this Schedule has effect in relation to a Northern Ireland department—

a

the functions of which consist wholly or mainly of devolved policing and justice functions, and

b

in relation to which an Act of the Assembly provides, by virtue of section 21A(3A), for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) appointed by virtue of a nomination—

i

made by one or more members of the Assembly, and

ii

approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.

2

In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

F1313BModification of section 16A

Section 16A(3) has effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

aa
once those offices have been filled, the relevant Ministerial office (within the meaning of Part 1A of Schedule 4A) shall be filled by applying paragraph 3D(4) to (8) of that Schedule; and
b
once that office has been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

3CSection 18 not to apply to relevant Minister

F1071

Section 18 (Northern Ireland Ministers) shall not apply in relation to—

a

the relevant Minister, or

b

the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),

and paragraph 3D shall apply instead.

F1152

But the reference to Ministerial offices in subsection (5) of that section (in the definition of M) shall be taken to include the relevant Ministerial office.

3DProvisions relating to relevant Minister

F143A1

Where—

a

an Assembly is elected—

i

at a poll the date for which is proposed under section 32(3B), or

ii

following the issue of a certificate under section 18(A2),

b

the period of 24 weeks beginning with the day on which an Assembly first meets expires without the offices mentioned in section 16A(3) having been filled, or

c

7

If—

a

the nomination does not take effect within a period specified in standing orders, or

b

b

the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (4).

F10816

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

In this paragraph, a reference to a period of exclusion F119... is, in the case of a period of exclusion F119... which has been extended, a reference to that period as extended.

F8518

In this paragraph and paragraph 3E “nominating officer” has the same meaning as in section 18.

References in this paragraph to an eligible member of a political party are to a member of that party who is also a member of the Assembly, but do not include the former Minister.

Part 2Department in the charge of two Ministers

Introduction

4

1

This Part of this Schedule has effect in relation to a Northern Ireland department—

a

the functions of which consist wholly or mainly of devolved policing and justice functions; and

b

in relation to which an Act of the Assembly provides, by virtue of section 21A(4), for it to be in the charge of two Northern Ireland Ministers acting jointly (the “relevant Ministers”).

2

In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

Modification of section 16A

4A

Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

aa

once those offices have been filled, the relevant Ministerial offices (within the meaning of Part 2 of Schedule 4A) shall be filled by applying paragraph 7(3) to (6) of that Schedule; and

b

once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

Modifications of section 17

5

1

Section 17 (Ministerial offices) has effect subject to the following modifications.

2

Subsection (3) has effect subject to the provision of the Act of the Assembly referred to in paragraph 4(1)(b).

3

The Ministerial offices held by the relevant Ministers (the “relevant Ministerial offices”) are to count as a single Ministerial office for the purposes of subsection (4).

Section 18 not to apply to relevant Ministers

6

1

Section 18 (Northern Ireland Ministers) shall not apply in relation to—

a

the relevant Ministers; or

b

the relevant Ministerial offices,

and paragraph 7 shall apply instead.

2

But the references to Ministerial offices in—

a

subsection (1)(c) and (d) of section 18; and

b

subsection (5) of that section (in the definition of M),

shall be taken to include the relevant Ministerial offices.

Provisions relating to relevant Ministers

7

1

Where any of the conditions in paragraphs (b) to (e) of section 18(1) is satisfied—

a

the relevant Ministers shall (if holding office at the time) cease to hold office; and

b

the relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

2

The relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices.

3

The First Minister and the deputy First Minister acting jointly shall nominate two members of the Assembly to hold the relevant Ministerial offices.

3A

But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.

4

The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—

a

a majority of the members voting on the motion for the resolution;

b

a majority of the designated Nationalists voting; and

c

a majority of the designated Unionists voting.

5

If—

a

the nomination does not take effect within a period specified in standing orders; or

b

b

b

the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

F8212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In this paragraph, a reference to a period of exclusion F75... is, in the case of a period of exclusion F75... which has been extended, a reference to that period as extended.

14

In this paragraph “nominating officer” has the same meaning as in section 18.

Part 3Department with rotation between Minister and junior Minister

Introduction

8

1

This Part of this Schedule has effect in relation to a Northern Ireland department—

a

the functions of which consist wholly or mainly of devolved policing and justice functions; and

b

in relation to which an Act of the Assembly provides, by virtue of section 21A(5)—

i

for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) who is supported by a junior Minister (the “relevant junior Minister”); and

ii

for the persons holding those offices to rotate at intervals determined by or under the Act.29

2

In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

Modification of section 16A

8A

Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

aa

once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3 of Schedule 4A) and the relevant junior Ministerial office (within that meaning) shall be filled by applying paragraph 11(3) to (6) of that Schedule; and

b

once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

Section 18 not to apply to relevant Minister

9

1

Section 18 (Northern Ireland Ministers) shall not apply in relation to—

a

the relevant Minister; or

b

the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),

and paragraph 11 shall apply instead.

2

But the references to Ministerial offices in—

a

subsection (1)(c) and (d) of section 18; and

b

subsection (5) of that section (in the definition of M),

shall be taken to include the relevant Ministerial office.

3

And the junior Ministerial office held by the relevant junior Minister (the “relevant junior Ministerial office”) shall be taken to be a Ministerial office for the purposes of subsection (5) of that section.

Certain provisions of section 19 not to apply to relevant junior Minister

10

1

The provisions of section 19 (junior Ministers) specified in sub-paragraph (2) shall not apply in relation to—

a

the relevant junior Minister; or

b

the relevant junior Ministerial office,

the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

F8713

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In this paragraph, a reference to a period of exclusion F140... is, in the case of a period of exclusion F140... which has been extended, a reference to that period as extended.

15

In this paragraph “nominating officer” has the same meaning as in section 18.

Part 3ADepartment in the charge of Minister and deputy Minister

11AIntroduction

1

This Part of this Schedule has effect in relation to a Northern Ireland department—

a

the functions of which consist wholly or mainly of devolved policing and justice functions; and

b

in relation to which an Act of the Assembly provides, by virtue of section 21A(5A)—

i

for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) elected by the Assembly; and

ii

for that Minister to be supported by a deputy Minister (the “deputy Minister”) elected by the Assembly.

2

In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

11BModification of section 16A

1

Section 16A shall have effect subject to the following modifications.

2

Subsection (2) shall have effect as if, at the end there were inserted “; and the deputy Minister (within the meaning of Part 3A of Schedule 4A) shall cease to hold office.”

3

Subsection (3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

aa

once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3A of Schedule 4A) and the deputy Ministerial office (within that meaning) shall be filled by applying paragraph 11E(2)(b) and (3) to (8) of that Schedule; and

b

once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

11CSection 18 not to apply to relevant Minister

1

Subject to sub-paragraphs (2) to (5), section 18 (Northern Ireland Ministers) shall not apply in relation to—

a

the relevant Minister; or

b

the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),

and paragraphs 11E to 11G shall apply instead.

2

The references to Ministerial offices in subsection (1)(c) and (d) of section 18 shall be taken to include the relevant Ministerial office.

3

In the application of section 18(5) to a political party which is entitled to two or more Ministerial offices, the reference to Ministerial offices (in the definition of M)—

a

at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is nil, shall be taken not to include the relevant Ministerial office; but

b

at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is one or more, shall be taken to include the relevant Ministerial office.

4

In the application of section 18(5) to any other political party, that reference to Ministerial offices shall be taken to include the relevant Ministerial office.

5

For the purposes of this paragraph, a political party is entitled to two or more Ministerial offices if the nominating officer of the party would be entitled to nominate persons to hold two or more Ministerial offices under section 18, assuming that—

a

on each occasion on which a nominating officer of a political party is entitled to exercise the power conferred by section 18(2), he does so within the period mentioned in section 18(3)(a);

b

the nominated person, in each case, takes up the selected Ministerial office within that period; and

c

the reference in section 18(5) to Ministerial offices (in the definition of M) is taken to include the relevant Ministerial office.

11DSection 19 not to apply to deputy Minister

1

The deputy Minister is to be treated for the purposes of this Act as if he were a junior Minister, but the provisions of section 19 (junior Ministers) shall not apply in relation to—

a

him; or

b

the office held by him (the “deputy Ministerial office”),

(so that, in particular, the deputy Ministerial office shall not count for the purposes of any formulae or other rules mentioned in section 19(2)); and the following provisions of this Part of this Schedule shall apply instead.

2

The functions exercisable by virtue of the deputy Ministerial office shall be those determined in relation to that office by the relevant Minister and the deputy Minister acting jointly.

3

The relevant Minister and the deputy Minister shall consult the First Minister and the deputy First Minister before making any determination under sub-paragraph (2).

the person appointed as the relevant Minister belongs to the same political designation as the deputy Minister,

the deputy Minister shall cease to hold office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.

12

Standing orders may make provision with respect to the holding of elections under this paragraph.

11FEligibility to become relevant Minister or deputy Minister

1

The holding of office as First Minister or deputy First Minister shall not prevent a person being elected to hold—

a

the relevant Ministerial office; or

The conditions are that—

a

another member of the Assembly sought to nominate the member under paragraph 11E(4)(b) for the relevant Ministerial office but consent to his nomination was not given in accordance with paragraph 11E(4)(c); or

b

the member was elected to the relevant Ministerial office, but the member did not take up the office within the period specified in standing orders by virtue of paragraph 11E(8).

11HInterpretation

1

In this Part of this Schedule “nominating officer” has the same meaning as in section 18.

2

For the purposes of this Part of this Schedule, a member of the Assembly is to be taken—

a

to belong to the political designation “Nationalist” if he is a designated Nationalist;

b

to belong to the political designation “Unionist” if he is a designated Unionist;

c

otherwise, to belong to the political designation “Other”;

and the size of each of the political designations “Nationalist”, “Unionist” and “Other” is to be determined in accordance with section 16C(4) and (5).

Part 4Power to make further modifications

4

The Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.

5

The Commission may borrow money only under sub-paragraph (4) and may borrow under that sub-paragraph only with the special or general approval of the Assembly.

Delegation

4

The Commission may delegate any of its functions to the Presiding Officer or a member of the staff of the Assembly.

Proceedings and business

5

1

The validity of any acts of the Commission shall not be affected by any vacancy among the members, or by any defect in the appointment, or qualification for membership, of any member.

2

The Commission may determine its own procedure.

3

The Presiding Officer shall preside at meetings of the Commission, but the Commission may appoint another of its members to preside if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.

Crown status

6

1

Her Majesty may by Order in Council provide for the Commission to be treated to any extent as a Crown body for the purposes of any enactment.

2

In particular, the Order may for the purposes of any enactment provide—

a

for employment under the Commission to be treated as employment under the Commission as a Crown body;

b

for land held, used or managed by the Commission, or operations carried out by or on behalf of the Commission, to be treated (as the case may be) as land held, used or managed, or operations carried out by or on behalf of, the Commission as a Crown body.

3

For the purposes of this paragraph, “Crown body” means a body which is the servant or agent of the Crown, and includes a government department.

4

A statutory instrument containing an Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 6 Standing orders: further provision

Section 41(3).

Preservation of order

1

The standing orders may include provision as to the conditions to be complied with by any member of the public attending the proceedings, including provision for excluding from the proceedings any member of the public who does not comply with those conditions.

Reporting and publishing proceedings

3

The standing orders shall include provision for reporting the proceedings of the Assembly and for publishing the reports.

Committees

4

1

The standing orders shall include provision for ensuring that, in appointing members to committees, regard is had to the balance of parties in the Assembly.

2

The standing orders may include provision for excluding from the proceedings of a committee a member of the Assembly who is not a member of the committee.

F58Votes in vacancy

Annotations:

Amendments (Textual)

F58

Sch. 6 para. 5 and preceding cross-heading inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 17, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)) (with s. 1(3)); S.I. 2007/1397, art. 2

5

The standing orders may include provision enabling a right to vote in the Assembly which could have been exercised but for a vacancy in the membership of the Assembly to be exercisable in such manner as is so provided.

F127SCHEDULE 6AEU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS

Section 56A

Annotations:

Amendments (Textual)

F127

Sch. 6A inserted (10.12.2020) by The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 (S.I. 2020/1500), regs. 1(2), 2(3)

PART 1General

1Introduction

1

Part 2 of this Schedule requires the Secretary of State to initiate the democratic consent process in relation to each new continuation period.

2

Part 3 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the default democratic consent process referred to in paragraphs 3 and 4 of the unilateral Declaration.

3

Part 4 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the alternative democratic consent process referred to in paragraphs 5 and 6 of the unilateral Declaration.

4

Part 5 of this Schedule makes provision about procedural matters and the outcome of the democratic consent process.

5

Part 6 of this Schedule makes provision about an independent review into the functioning of the Protocol.

6

To the extent that the standing orders of the Assembly are inconsistent with this Schedule, this Schedule (rather than the standing orders) is to have effect.

7

For the purposes of this Schedule, a motion that is tabled and then withdrawn is to be regarded, at times after its withdrawal, as not having been tabled.

8

In this Schedule—

“alternative democratic consent process” means the democratic consent process established by Part 4 of this Schedule;
“default democratic consent process” means the democratic consent process established by Part 3 of this Schedule;
“democratic consent process” means the process by which—
1. a
  democratic consent in Northern Ireland to the continued application of Articles 5 to 10 of the Protocol is to be sought, and
2. b
  a decision expressing that democratic consent is to be made;
“notification of the start of the democratic consent process” has the meaning given in paragraph 4;
“Protocol” means the Protocol on Ireland/Northern Ireland to the EU withdrawal agreementF163;
“unilateral Declaration” means the declaration by Her Majesty’s Government concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol made on 17 October 2019.

2Meaning of “consent resolution” and effect if consent resolution rejected

1

In this Schedule “consent resolution” means a resolution of the Assembly in this form—

That Articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement should continue to apply during the new continuation period (within the meaning of Schedule 6A to the Northern Ireland Act 1998).

2

This Schedule ceases to apply at the end of a particular current period if—

a

by that time, the Assembly has decided the question on a motion for a consent resolution which relates to the new continuation period, but

b

the Assembly did not pass the consent resolution.

3Meaning of “continuation period”, “current period” etc

1

In this Schedule—

“continuation period” means—
1. a
  the period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the initial period;
2. b
  each subsequent period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the preceding continuation period;
“current period”, in relation to a new continuation period, means—
1. a
  the initial period, in the case where that period immediately precedes the new continuation period, or
2. b
  the continuation period which immediately precedes the new continuation period, in any other case;
“initial period” means the period of four years that begins with the day that follows IP completion dayF162;
“new continuation period” means, at any particular time, the first continuation period that is to begin after that time.

2

The duration of a continuation period is to be—

a

four years if the consent resolution which relates to that continuation period was passed by a majority of the members voting but not with cross-community supportF165;

b

eight years if the consent resolution which relates to that continuation period was passed with cross-community support.

3

In this Schedule, a period set out in an entry in the first column of this table has the meaning given in the corresponding entry in the second column of the table—

Period	Meaning
“final two months of the current period”	the period of two months ending with the last day of that current period
“final one month of the current period”	the period of one month ending with the last day of that current period
“final 25 days of the current period”	the period of 25 days ending with the last day of that current period
“final 15 days of the current period”	the period of 15 days ending with the last day of that current period
“final 5 days of the current period”	the period of 5 days ending with the last day of that current period

PART 2Duty of Secretary of State to initiate the democratic consent process

4Duty to give notification of the start of the democratic consent process

1

The Secretary of State must give a notification of the start of the democratic consent process in relation to each new continuation period.

2

The notification relating to a new continuation period must be given on the day immediately before the start of the final two months of the current period.

3

The notification must be given in accordance with Part 3 (if that Part is applicable) or Part 4 (if that Part is applicable).

4

The “notification of the start of the democratic consent process” that relates to a new continuation period is a written notification that—

a

states the date of the first day of the new continuation period, and

b

states that, before that date, Her Majesty’s Government in the United Kingdom must notify the European Commission of the outcome of the democratic consent process established by this Schedule in relation to the continued application of Articles 5 to 10 of the Protocol during the new continuation period.

PART 3Default Democratic Consent Process

5Application

This Part applies if the First Minister and the deputy First Minister hold office (including if another Northern Ireland Minister is exercising the functions of either office in accordance with section 16A(11)) at the beginning of the day on which the Secretary of State is required to give the notification of the start of the democratic consent process in relation to a new continuation period.

6Giving the notification of the start of the democratic consent process

1

3

Sub-paragraph (2) does not prevent any other members of the Assembly—

a

from adding their names to the notice of the motion that has been tabled, or

b

having done so, from moving the motion,

in accordance with the standing orders or practice of the Assembly.

4

If a member of the Assembly has tabled notice of a motion for a consent resolution in accordance with sub-paragraph (2), the Secretary of State must take reasonable steps to provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question.

10Consent resolution: consideration of motion

1

This paragraph applies if—

a

notice of a motion for a consent resolution which relates to the new continuation period has been tabled by the First Minister and deputy First Minister acting jointly in accordance with paragraph 8(2), or

b

“excluded day” means—
1. a
  Saturday,
2. b
  Sunday,
3. c
  Christmas Day,
4. d
  Good Friday, and
5. e
  any day that is a public holiday in Northern Ireland;
“required sitting day” means the earliest day during the final 15 days of the current period that is not an excluded day.

PART 4Alternative democratic consent process

11Application

This Part applies if the offices of the First Minister and the deputy First Minister are vacant (and their functions are not otherwise being exercised by another Northern Ireland Minister in accordance with section 16A(11)) at the beginning of the day on which the Secretary of State is required to give the notification of the start of the democratic consent process in relation to a new continuation period.

12Giving the notification of the start of the democratic consent process

1

The Secretary of State must give the notification of the start of the democratic consent process to —

a

the Presiding Officer, and

b

the clerk to the Assembly.

2

The notification of the start of the democratic consent process must state that the alternative democratic consent process applies.

3

As soon as practicable after giving notice under sub-paragraph (1), the Secretary of State must take reasonable steps to provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question on the motion for a consent resolution.

4

In this paragraph “the clerk to the Assembly” means the person who holds or exercises the functions of that office in accordance with the standing orders or practice of the Assembly.

13Presiding Officer to inform members of the Assembly

On receipt of a notification of the start of the democratic consent process under this Part, the Presiding Officer must take such steps as the Presiding Officer considers necessary to bring the notification to the attention of the members of the Assembly.

14Consent resolution: motion by a member of the Assembly

1

Where the Secretary of State has given a notification of the start of the democratic consent process under this Part in relation to a new continuation period, any member of the Assembly may table notice of a motion for a consent resolution which relates to the new continuation period.

2

Sub-paragraph (1) does not prevent any other members of the Assembly—

a

from adding their names to the notice of the motion that has been tabled, or

b

having done so, from moving the motion,

in accordance with the standing orders or practice of the Assembly.

from adding their names to the notice of the motion that has been tabled as soon as practicable on that day, or

b

having done so, from moving the motion,

in accordance with the standing orders or practice of the Assembly.

7

b

the reference to the Presiding Officer in paragraph 15(9) were a reference to the interim Presiding Officer;

c

the following were substituted for paragraph 15(10)—

10
The question on the motion for the consent resolution (if not already put) is to be put six hours after the motion is moved.

10

In sub-paragraph (1) the reference to “the required sitting day” is to the first such day.

PART 5Procedural Matters and Outcome

17Application

This Part applies in relation to any motion for a consent resolution whether the default democratic consent process or the alternative democratic consent process is applicable.

18Procedural matters relating to motions for consent resolutions

1

A motion for a consent resolution is to be decided without amendment.

2

The question on a motion for a consent resolution is to be decided by a majority of those members of the Assembly voting.

3

Where a consent resolution is passed by a majority of the members voting, the Presiding Officer must—

a

determine whether the resolution has also been passed with cross-community support; and

b

announce the determination of that question.

4

For provision about the consequences of a consent resolution also being passed with cross-community support, see paragraph 3(2).

5

Section 42 does not apply in relation to a motion for a consent resolution.

6

Once the Assembly has decided the question on a motion for a consent resolution which relates to a continuation period (whether the Assembly has passed the motion or not), further notice of a motion for a consent resolution which relates to that continuation period may not be tabled, or if already tabled, may not be proceeded with.

7

A reference in this paragraph or in paragraph 19 or 20 to the Presiding Officer has effect as a reference to the interim Presiding Officer if a person is holding that office in accordance with paragraph 16.

19Outcome of process: Presiding Officer to notify Secretary of State

1

This paragraph applies when the Assembly decides the question on a motion for a consent resolution which relates to a new continuation period.

2

The Presiding Officer must give the Secretary of State written notification of the following matters—

a

whether or not the Assembly passed the consent resolution;

b

if the Assembly passed the consent resolution, whether the Assembly passed it—

i

by a majority of the members voting but not with cross-community support, or

ii

with cross-community support.

3

The notification must be given before the start of the final 5 days of the current period.

20Outcome of process: Secretary of State to notify European Commission

1

This paragraph applies when the Presiding Officer gives the Secretary of State the notification required by paragraph 19 in relation to a motion for a consent resolution which relates to a new continuation period.

2

The Secretary of State must give the European Commission written notification of the following matters—

a

whether or not the Assembly passed the consent resolution;

b

if the Assembly passed the consent resolution, whether the Assembly passed it—

i

by a majority of the members voting but not with cross-community support, or

ii

with cross-community support.

3

The notification must be given on or before the final day of the current period.

PART 6Independent Review

21Independent review into the functioning of the Protocol

1

This paragraph applies where the Presiding Officer notifies the Secretary of State that the Assembly has passed a consent resolution by a majority of the members voting but not with cross-community support.

2

The Secretary of State must commission an independent review into the functioning of the Protocol in accordance with paragraphs 7 to 9 of the unilateral Declaration.

3

The reference in this paragraph to the Presiding Officer has effect as a reference to the interim Presiding Officer if a person is holding that office in accordance with paragraph 16.

SCHEDULE 7 The Northern Ireland Human Rights Commission

Section 68(4).

Introductory

I11

In this Schedule “the Commission” means the Northern Ireland Human Rights Commission.

Commissioners’ tenure

I22

in accordance with directions of the Secretary of State.

2

Where a person who by reference to any office or employment is a participant in a scheme under section 1 of the M35Superannuation Act 1972 becomes a Commissioner or the Chief Commissioner, the Minister for the Civil Service may, notwithstanding any provision made under sub-paragraph (1)(c), determine that the person’s service as Commissioner or Chief Commissioner shall be treated for the purposes of the scheme as service in that office or employment.

In Part III of Schedule 1 to the M36House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “ Northern Ireland Human Rights Commissioner ”.

10

In Part III of Schedule 1 to the M37Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “ Northern Ireland Human Rights Commissioner ”.

Status

11

The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.

C3SCHEDULE 8 The Equality Commission for Northern Ireland

Section 73(5).

Annotations:

Modifications etc. (not altering text)

C3

Sch. 8: transfer of certain functions (1.12.1999) by S.R. 1999/481, arts. 1, 4, Sch. 2 Pt. I

Introductory

I31

In this Schedule “the Commission” means the Equality Commission for Northern Ireland.

Commissioners’ tenure

I42

1

Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.

2

A Commissioner shall not be appointed—

a

in the case of the Chief Commissioner, for more than five years at a time; and

b

in any other case, for more than three years at a time.

3

A person may resign as a Commissioner, as the Chief Commissioner or as a Deputy Chief Commissioner by notice in writing to the Secretary of State.

4

The Secretary of State may dismiss a person from his office of Commissioner, Chief Commissioner or Deputy Chief Commissioner if satisfied—

a

that he has without reasonable excuse failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;

b

that he has been convicted of a criminal offence;

c

that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

d

that he is unable or unfit to carry out his functions.

Commissioners’ salary etc.

3

The Department of Economic Development may with the approval of the Department of Finance and Personnel pay to or in respect of Commissioners—

a

remuneration;

b

allowances and fees; and

c

sums for the provision of pensions.

F5Additional Commissioners

Annotations:

Amendments (Textual)

F5

Sch. 8 para. 3A and crossheading preceding it inserted (19.4.2000) by S.I. 2000/1110, art. 18(1)

F63A

2

Expenditure defrayed under this paragraph shall be defrayed out of money appropriated by Act of the Assembly and an authorisation for the purposes of this paragraph may be general or specific.

a defect in the appointment of a Commissioner.

Disqualification

9

In Part II of Schedule 1 to the M38House of Commons Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “ The Equality Commission for Northern Ireland ”.

10

In Part II of Schedule 1 to the M39Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “ The Equality Commission for Northern Ireland ”.

The Northern Ireland Commissioner for Complaints

F11011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status

12

The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.

SCHEDULE 9 Equality: enforcement of duties

Section 75(4).

The Equality Commission

I51

The Equality Commission for Northern Ireland shall—

a

keep under review the effectiveness of the duties imposed by section 75;

b

offer advice to public authorities and others in connection with those duties; and

c

carry out the functions conferred on it by the following provisions of this Schedule.

for assessing its compliance with the duties under section 75 and for consulting on matters to which a duty under that section is likely to be relevant (including details of the persons to be consulted);

b

for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity;

c

for monitoring any adverse impact of policies adopted by the authority on the promotion of equality of opportunity;

d

for publishing the results of such assessments as are mentioned in paragraph (b) and such monitoring as is mentioned in paragraph (c);

e

for training staff;

f

for ensuring, and assessing, public access to information and to services provided by the authority.

3

A scheme shall—

a

conform to any guidelines as to form or content which are issued by the Commission with the approval of the Secretary of State;

b

specify a timetable for measures proposed in the scheme; and

c

include details of how it will be published.

4

In this paragraph—

“equality of opportunity” means such equality of opportunity as is mentioned in section 75(1);
“the relevant functions” means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.

F795

But where the public authority is designated by order under section 75(3)(a) or (d)—

“equality of opportunity” does not include equality of opportunity in relation to which (by virtue of the order) the public authority has no obligations under section 75(1);
“the relevant functions” does not include functions of the public authority so far as the obligations imposed by section 75 do not (by virtue of the order) apply to their exercise.

5

Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission—

a

representatives of persons likely to be affected by the scheme; and

b

such other persons as may be specified in the directions.

6

1

On receipt of a scheme the Commission shall—

a

approve it; or

b

refer it to the Secretary of State.

2

Where the Commission refers a scheme to the Secretary of State under sub-paragraph (1)(b), it shall notify the Assembly in writing that it has done so and send the Assembly a copy of the scheme.

7

1

refers a matter to the Secretary of State under sub-paragraph (3)(a),

it shall notify the Assembly in writing that it has done so and, in a case falling within paragraph (a), send the Assembly a copy of the report.

5

Where the Secretary of State gives directions to a public authority under sub-paragraph (3)(b), he shall notify the Assembly in writing that he has done so.

Government departments

12

1

Paragraphs 6, 7 and 11(2)(b) and (3) do not apply to a government department which is such a public authority as is mentioned in section 75(3)(a).

2

On receipt of a scheme submitted by such a government department under paragraph 2 or 3 the Commission shall—

a

approve it; or

b

request the department to make a revised scheme.

3

A request under sub-paragraph (2)(b) shall be treated in the same way as a request under paragraph 3(1)(b).

4

Where a request is made under sub-paragraph (2)(b), the government department shall, if it does not submit a revised scheme to the Commission before the end of the period of six months beginning with the date of the request, send to the Commission a written statement of the reasons for not doing so.

5

The Commission may lay before Parliament and the Assembly a report of any investigation such as is mentioned in paragraph 11(1) relating to a government department such as is mentioned in sub-paragraph (1).

F166Schedule 9AThe Office of Identity and Cultural Expression

Section 78G

Annotations:

Amendments (Textual)

F166

Sch. 9A inserted (22.5.2023) by Identity and Language (Northern Ireland) Act 2022 (c. 45), s. 10(2), Sch. 1; S.I. 2023/566, reg. 2(b)

1Status

1

The Office is not to be regarded—

a

as a servant or agent of the Crown, or

b

as enjoying any status, immunity or privilege of the Crown.

2

Property of the Office is not to be regarded as property of, or held on behalf of, the Crown.

2Membership

The Office is to consist of—

a

a Director appointed by the First Minister and deputy First Minister acting jointly, and

b

no more than five other members appointed by the First Minister and deputy First Minister acting jointly,

each, a “member”.

3Tenure of members

1

Subject to the provisions of this Schedule, a person holds office as a member in accordance with the terms of the person’s appointment.

2

A person may not be appointed as a member for more than five years at a time, or more than twice.

3

A person may resign as a member by notice in writing to the First Minister and deputy First Minister.

4

The First Minister and deputy First Minister acting jointly may dismiss a person from office as a member by notice in writing if satisfied that the person—

a

has without reasonable excuse failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

b

has been convicted of a criminal offence;

c

has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

d

is unable or unfit to carry out the functions of the office of a member.

5

Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

4Members’ salary etc.

1

The Office may pay to or in respect of a member such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

2

Where a person ceases to be a member otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Office may pay to or in respect of the person such amount as the Executive Office may determine.

3

A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

5Staff

1

The Office may appoint such number of staff as the Office may determine.

2

The terms and conditions of a person’s appointment are to be determined by the Office; but that is subject to the provisions of this Schedule.

3

The Office may pay to or in respect of a member of staff such remuneration, allowances, fees and sums for the provision of a pension as the Office may determine.

4

Where a person ceases to be a member of staff otherwise than on the expiration of a term of appointment and the Office determines that special circumstances justify compensation, the Office may pay to or in respect of the person such amount as the Office may determine.

5

A determination of the Office under this paragraph requires the approval of the Executive Office and Department of Finance.

6Assistance

1

The Executive Office may provide the Office with staff, facilities or services for the purpose of assisting the Office in the exercise of its functions.

2

In this Schedule, a reference to a member of staff includes a reference to a member of staff appointed on secondment; but a period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

7Exercise of functions

Any function of the Office may be exercised by—

a

the Director, or

b

another member or member of staff authorised (whether generally or specifically) for the purpose.

8General powers

The Office may do whatever the Office considers is appropriate for facilitating, or incidental or conducive to, the exercise of the Office’s functions, other than borrowing money.

9Proceedings

1

The Office may regulate its own proceedings.

2

The validity of any proceedings of the Office is not affected by a vacancy or defective appointment.

10Funding

1

The Executive Office may make grants to the Office of such amounts as it determines with the approval of the Department of Finance.

2

The Office must pay to the Executive Office any sums received by the Office in the course of, or in connection with, the exercise of the Office’s functions.

3

Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may with the approval of the Department of Finance direct.

1

As soon as reasonably practicable after the end of each financial year, the Office must send to the Executive Office a report on the performance of the Office’s functions during that year.

2

The Executive Office must lay a copy of the report before the Assembly.

13Seal and evidence

1

The application of the seal of the Office must be authenticated by the signature of—

a

the Director, or

b

another member or member of staff authorised for the purpose.

2

A document purporting to be an instrument issued by the Office and to be duly executed under the Office’s seal or signed on its behalf is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.

F167Schedule 9BThe Irish Language Commissioner

Section 78K

Annotations:

Amendments (Textual)

F167

Sch. 9B inserted (22.5.2023) by Identity and Language (Northern Ireland) Act 2022 (c. 45), s. 10(2), Sch. 2; S.I. 2023/566, reg. 2(d)

1Status

1

The Commissioner is not to be regarded—

a

as a servant or agent of the Crown, or

b

as enjoying any status, immunity or privilege of the Crown.

2

The property held by the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

2Tenure of office

1

Subject to the provisions of this Schedule, a person holds office as the Commissioner in accordance with the person’s terms of appointment.

2

A person may not be appointed as Commissioner for more than five years at a time, or more than twice.

3

A person may at any time resign as Commissioner by notice in writing to the First Minister and deputy First Minister.

4

The First Minister and deputy First Minister acting jointly may dismiss a person from office as Commissioner by notice in writing if satisfied that the person—

a

has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

b

has been convicted of a criminal offence;

c

has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

d

is unable or unfit to perform the functions of the office.

5

Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

3Commissioner’s salary, etc

1

The Executive Office may pay to or in respect of the Commissioner such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

2

Where a person ceases to hold office as Commissioner otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Executive Office may pay to or in respect of the person such amount as the Executive Office may determine.

3

A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

4Staff

1

The Commissioner may appoint such number of staff as the Commissioner may determine.

2

1

As soon as practicable after the end of each financial year, the Commissioner must send to the Executive Office a report on the exercise of the Commissioner’s functions during that year.

2

The Executive Office must lay a copy of the report before the Assembly.

11Seal and evidence

1

The application of the seal of the Commissioner must be authenticated by the signature of—

a

the Commissioner, or

b

a member of staff authorised for the purpose.

2

A document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or signed by or on behalf of the Commissioner is to be received in evidence and is, unless the contrary is proved, taken to be such an instrument.

12Property

1

Any real or personal property vested in the Commissioner vests (unless and until disclaimed or disposed of) in the successor in office.

2

Where there is a vacancy in the office of Commissioner at the time when real or personal property would otherwise have vested, the property vests in the successor on appointment.

F168Schedule 9CCommissioner for the Ulster Scots and the Ulster British tradition

Section 78R

Annotations:

Amendments (Textual)

F168

Sch. 9C inserted (22.5.2023) by Identity and Language (Northern Ireland) Act 2022 (c. 45), s. 10(2), Sch. 3; S.I. 2023/566, reg. 2(f)

1Status

1

The Commissioner is not to be regarded—

a

as a servant or agent of the Crown; or

b

as enjoying any status, immunity or privilege of the Crown.

2

The property held by the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

2Tenure of office

1

Subject to the provisions of this Schedule, a person holds office as the Commissioner in accordance with the person’s terms of appointment.

2

A person may not be appointed as Commissioner for more than five years at a time, or more than twice.

3

A person may at any time resign as Commissioner by notice in writing to the First Minister and deputy First Minister.

4

The First Minister and deputy First Minister acting jointly may dismiss a person from office as Commissioner by notice in writing if satisfied that the person—

a

has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of three months beginning not earlier than six months before the day of dismissal;

b

has been convicted of a criminal offence;

c

has become bankrupt or the subject of a bankruptcy restrictions order, a debt relief order or a debt relief restrictions order, or has made a voluntary arrangement;

d

is unable or unfit to perform the functions of the office.

5

Each of the expressions used in sub-paragraph (4)(c) has the same meaning as in the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19).

3Commissioner’s salary, etc

1

The Executive Office may pay to or in respect of the Commissioner such remuneration, allowances, fees and sums for the provision of a pension as the Executive Office may determine.

2

Where a person ceases to hold office as Commissioner otherwise than on the expiration of a term of office and the Executive Office determines that special circumstances justify compensation, the Executive Office may pay to or in respect of the person such amount as the Executive Office may determine.

3

A determination of the Executive Office under this paragraph requires the approval of the Department of Finance.

4Staff

1

The Commissioner may appoint such number of staff as the Commissioner may determine.

2

1

As soon as practicable after the end of each financial year, the Commissioner must send to the Executive Office a report on the exercise of the Commissioner’s functions during that year.

2

The Executive Office must lay a copy of the report before the Assembly.

2

A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part II Proceedings in Northern Ireland

Application of Part II

3

This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedings

4

1

Proceedings for the determination of a devolution issue may be instituted F125by the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.

2

The F161Attorney General for Northern Ireland may defend any such proceedings F78instituted by the Advocate General for Northern Ireland .

3

This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

5

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the F118Advocate General for Northern Ireland and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).

6

A person to whom notice is given in pursuance of paragraph 5 F147... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of Appeal

7

A court, other than the F14Supreme Court or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

8

A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to F15Supreme Court

Annotations:

Amendments (Textual)

F15

Words in Sch. 10 cross-heading preceding para. 9 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(3); S.I. 2009/1604, art. 2(a)(d)

9

The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the F16Supreme Court .

Appeals from Court of Appeal to F17Supreme Court

Annotations:

Amendments (Textual)

F17

Words in Sch. 10 cross-heading preceding para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(5); S.I. 2009/1604, art. 2(a)(d)

10

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 7 or 8 shall lie to the F18Supreme Court , but only with F19permission of the Court of Appeal in Northern Ireland or, failing such F19permission, with F20permission of the F18Supreme Court.

Part III Proceedings in England and Wales

Application of Part III

11

This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedings

12

1

Proceedings for the determination of a devolution issue may be instituted F89... by the Attorney General.

2

The Attorney General for Northern Ireland F89... may defend any such proceedings.

3

This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

13

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General F156and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).

14

A person to whom notice is given in pursuance of paragraph 13 F137... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

15

A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.

16

1

A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.

2

Sub-paragraph (1) does not apply to—

a

a magistrates’ court, the Court of Appeal or the F21Supreme Court; or

b

the High Court if the devolution issue arises in proceedings on a reference under paragraph 15.

17

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

18

A court, other than the F22Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—

a

the High Court (if the proceedings are summary proceedings); or

b

the Court of Appeal (if the proceedings are proceedings on indictment).

References from Court of Appeal to F23Supreme Court

Annotations:

Amendments (Textual)

F23

Words in Sch. 10 cross-heading preceding para. 19 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 116(4); S.I. 2009/1604, art. 2(a)(d)

19

The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 16, 17 or 18) to the F24Supreme Court .

Appeals from superior courts to F25Supreme Court

Annotations:

Amendments (Textual)

F25

Words in Sch. 10 cross-heading preceding para. 20 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 116(6); S.I. 2009/1604, art. 2(a)(d)

20

An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 15, 16, 17 or 18 shall lie to the F26Supreme Court , but only with F27permission of the High Court or the Court of Appeal or, failing such F27permission , with F28permission of the F26Supreme Court .

Part IV Proceedings in Scotland

Application of Part IV

21

This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

22

1

Proceedings for the determination of a devolution issue may be instituted F114... by the Advocate General for Scotland.

2

The Attorney General for Northern Ireland F114... may defend any such proceedings.

3

This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Intimation of devolution issue

23

Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General for Scotland F129and the Attorney General for Northern Ireland (unless the person to whom the intimation would be given is a party to the proceedings).

24

A person to whom intimation is given in pursuance of paragraph 23 F150... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

25

A court, other than the F29Supreme Court or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.

26

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

27

A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to F30Supreme Court

Annotations:

Amendments (Textual)

F30

Words in cross-heading preceding Sch. 10 para. 28 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(3); S.I. 2009/1604, art. 2(a)(d)

28

Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the F31Supreme Court .

29

Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 27) to the F32Supreme Court .

Appeals from superior courts to F33Supreme Court

Annotations:

Amendments (Textual)

F33

Words in cross-heading preceding Sch. 10 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss, 40, 148, {Sch. 9 para. 117(6)}; S.I. 2009/1604, art. 2(a)(d)

30

An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 25 or 26 shall lie to the F34Supreme Court .

31

An appeal against a determination of a devolution issue by—

a

a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 27); or

b

a court of three or more judges of the Court of Session from which there is no appeal to the F35Supreme Court apart from this paragraph ,

shall lie to the F36Supreme Court , but only with F37permission of the court concerned or, failing such F37permission , with F38permission of the F36Supreme Court .

Part V General

F39. . .

Annotations:

Amendments (Textual)

F39

Sch. 10 para. 32 and preceding cross-heading repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 146, 148, Sch. 9 para. 118(2), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(a)(d)(f)

32

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direct references to F41Supreme Court

Annotations:

Amendments (Textual)

F41

Words in cross-heading preceding Sch. 10 para. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 118(3); S.I. 2009/1604, art. 2(a)(d)

33

The Attorney General, F133the Advocate General for Northern Ireland, the Attorney General for Northern Ireland or the Advocate General for Scotland may require any court or tribunal to refer to the F42Supreme Court any devolution issue which has arisen in proceedings before it to which he is or they are a party.

34

The Attorney General, F133the Advocate General for Northern Ireland, the Attorney General for Northern Ireland or the Advocate General for Scotland may refer to the F43Supreme Court any devolution issue which is not the subject of proceedings.

35

1

This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a Northern Ireland Minister or department.

2

The person making the reference shall notify the Northern Ireland Minister or department of that fact.

3

No Northern Ireland Minister or department shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.

4

Proceedings relating to any possible failure by a Northern Ireland Minister or department to comply with sub-paragraph (3) may be instituted by the F103Advocate General for Northern Ireland .

5

Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Delegation by First Ministers

F12436

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses

37

1

A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.

2

In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).

3

The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 14 or 24.

the issue is referred to the F46Supreme Court under paragraph 9 or 33; or

b

the issue is determined by the Court of Appeal in Northern Ireland under paragraph 7 and—

i

an appeal to the F46Supreme Court against the determination is brought under paragraph 10; or

ii

an application for special leave to bring such an appeal is made to the F46Supreme Court under that paragraph,

sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the F47Court of Appeal were references to the F46Supreme Court .

Interpretation

41

Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or power to refer the issue to the court for decision.

SCHEDULE 11 Tribunal established under section 91

Section 91(1).

Introductory

I61

In this Schedule “the Tribunal” means the tribunal established under section 91.

Members

I72

1

The Tribunal shall consist of such number of members appointed by the Lord Chancellor as he may determine.

2

A member of the Tribunal shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

3

A member of the Tribunal may resign his office at any time by notice in writing to the Lord Chancellor.

F1052A

1

The Lord Chancellor may only appoint persons to the Tribunal who have been selected by the Northern Ireland Judicial Appointments Commission as follows.

2

The Lord Chancellor may at any time by notice require the Commission to select a person for appointment.

3

The Commission must then select a person for appointment and notify the Lord Chancellor accordingly.

4

The Lord Chancellor must then appoint the selected person.

5

Section 5A of, and Part 4 of Schedule 3 to, the Justice (Northern Ireland) Act 2002 apply for the purposes of selections under this paragraph as they apply for the purposes of selections under that Schedule.

7

The chairman or, in his absence, the deputy chairman, shall preside at sittings of the Tribunal.

Staff

I98

The Lord Chancellor may appoint such officers and servants for the Tribunal as he thinks fit.

Expenses

9

The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 8 and such expenses of the Tribunal as he thinks fit.

Disqualification of Tribunal Members

10

In Part II of Schedule 1 to the M40House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Tribunal established under section 91 of the Northern Ireland Act 1998 ”.

11

In Part II of Schedule 1 to the M41Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Tribunal established under section 91 of the Northern Ireland Act 1998 ”.

SCHEDULE 12 Construction of references in existing laws

Section 95(5).

Preliminary

1

Enactments and instruments shall, except where the context otherwise requires, be construed in accordance with this Schedule.

2

In this Schedule “instruments” includes charters, contracts and other documents.

The Parliament and the old Assembly

2

A reference to a resolution or other decision of the Senate or the House of Commons of the Parliament of Northern Ireland, or of either House of that Parliament, shall be construed as including a reference to a resolution or decision of—

a

b

the Governor of Northern Ireland in Council; or

c

the making of an Order in Council by the Governor of Northern Ireland,

shall be construed as a reference to the Secretary of State or, as the case may be, the making of an order by the Secretary of State.

2

This paragraph applies to enactments and instruments passed or made before 1st January 1974.

9

1

A reference to—

a

the Prime Minister of Northern Ireland; or

b

the chief executive member,

shall be construed as a reference to the First Minister and deputy First Minister acting jointly.

2

References to Northern Ireland executive authorities shall be construed as references to Ministers and the Northern Ireland departments.

3

A reference to—

a

the Executive Committee for Northern Ireland; or

b

the Northern Ireland Executive,

shall be construed as a reference to the Executive Committee established by section 20.

4

This paragraph applies to enactments and instruments passed or made before the appointed day.

10

1

A reference to—

a

a particular Ministry of Northern Ireland; or

b

the Minister in charge of a particular Ministry,

shall, in relation to a function, be construed as a reference to the Northern Ireland department which exercises that function or to the Northern Ireland Minister in charge of that department.

2

A reference to an unspecified Ministry shall be construed as a reference to a Northern Ireland department.

3

This paragraph applies to enactments and instruments passed or made before 1st January 1974.

11

1

A reference to—

a

an unspecified Minister of Northern Ireland; or

b

the head of a Northern Ireland department,

shall be construed as a reference to a Northern Ireland Minister.

2

A reference to the head of a specified Northern Ireland department shall, in relation to a function, be construed as a reference to the Northern Ireland Minister in charge of the department which exercises that function.

3

In sub-paragraph (1) “Northern Ireland Minister” includes the First Minister and the deputy First Minister.

4

This paragraph applies to enactments and instruments passed or made before the appointed day.

Courts

12

1

A reference to the Supreme Court of Judicature in Ireland shall be construed as a reference to the F50Court of Judicature .

2

A reference to the High Court of Justice in Ireland shall be construed as a reference to the High Court of Justice in Northern Ireland.

3

A reference to the Court of Appeal in Ireland shall be construed as a reference to the Court of Appeal in Northern Ireland.

4

This paragraph applies to enactments and instruments passed or made before the passing of the M47Government of Ireland Act 1920.

Equal opportunity bodies

13

1

A reference to—

a

the Fair Employment Commission for Northern Ireland;

b

the Equal Opportunities Commission for Northern Ireland;

c

the Commission for Racial Equality for Northern Ireland; or

d

the Northern Ireland Disability Council,

shall be construed as a reference to the Equality Commission for Northern Ireland.

2

This paragraph applies to enactments and instruments passed or made before section 74 comes into force.

F139SCHEDULE 12AEffect of application of section 95A(6) or (7)

Section 95A(10)

Annotations:

Amendments (Textual)

F139

Sch. 12A 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)

F139Directions under section 30A(5): Northern Ireland Ministers and junior Ministers

F1391

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1392

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1393

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1394

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139Directions under section 30A(2) or (5): the First Minister and deputy First Minister

F1395

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1396

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1397

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1398

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139Directions under section 47B or 51B

F1399

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139General

F13910

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13 Minor and consequential amendments

Section 99.

Fair Employment (Northern Ireland) Act 1976 (c.25)

F91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

2

1

The Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows.

2

In Article 2(2) (interpretation), in the definition of “the Commission” for “the Equal Opportunities Commission for Northern Ireland” substitute “ the Equality Commission for Northern Ireland ”.

3

In Article 54(1) (establishment of Equal Opportunities Commission for Northern Ireland)—

a

in paragraph (1) for the words before paragraph (a) substitute “ The Commission shall have the following duties ”; and

b

paragraphs (2) to (4) shall cease to have effect.

4

Schedule 3 (the Equal Opportunities Commission for Northern Ireland) shall cease to have effect.

Interpretation Act 1978 (c.30)

3

In section 24(5) of the Interpretation Act 1978 (meaning of “Northern Ireland legislation”), for paragraphs (d) and (e) substitute—

d
Measures of the Northern Ireland Assembly established under section 1 of the M48Northern Ireland Assembly Act 1973;
e
Orders in Council under Schedule 1 to the M49Northern Ireland Act 1974;
f
Acts of the Northern Ireland Assembly; and
g
Orders in Council under section 85 of the Northern Ireland Act 1998.

Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))

4

In Part II of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 (rule-making authorities), for “section 40 of and paragraph 4 of Schedule 5 to the Northern Ireland Constitution Act 1973” substitute “ section 95(5) of and paragraph 8 of Schedule 12 to the Northern Ireland Act 1998 ”.

Mental Health Act 1983 (c.20)

5

1

The Mental Health Act 1983 shall be amended as follows.

2

In section 134(3)(a) (correspondence of patients), after “Parliament” insert “ or of the Northern Ireland Assembly ”.

F1203

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency Act 1986 (c.45)

6

In section 427 of the Insolvency Act 1986 (members of the House of Commons who are adjudged bankrupt etc.), after subsection (6B) insert—

6C
Subsection (1), as applied to a member of the Northern Ireland Assembly by virtue of section 36(4) of the Northern Ireland Act 1998, has effect as if “or Northern Ireland” were omitted; and subsections (4) to (6) have effect in relation to such a member as if—
a
references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and
b
in subsection (4), for “under this section” there were substituted “under section 36(4) of the Northern Ireland Act 1998 by virtue of this section”.

Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5))

7

In Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses and accounts of Northern Ireland Audit Office)—

a

for “the Department”, in the first place where it occurs, substitute “ the committee established under section 66 of the Northern Ireland Act 1998 ”; and

b

for “the Department”, in the second place where it occurs, substitute “ that committee ”.

8

1

2

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In section 164(1) (Crown copyright in Acts of Parliament, etc.), after “Scottish Parliament” insert “ , Act of the Northern Ireland Assembly ”.

6

After section 166A insert—

166B Copyright in Bills of the Northern Ireland Assembly.
1
Copyright in every Bill introduced into the Northern Ireland Assembly belongs to the Northern Ireland Assembly Commission.
2
Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction—
a
until the Bill receives Royal Assent, or
b
if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
3
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
4
No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.

7

In the definition of “parliamentary proceedings” in section 178 (definitions), the words “, of the New Northern Ireland Assembly” shall cease to have effect.

8

In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166A(3)” substitute “ 166A(3) and 166B(3) ”.

Official Secrets Act 1989 (c.6)

9

1

Section 12 of the Official Secrets Act 1989 (interpretation) shall be amended as follows.

2

Subsection (1)(b) shall cease to have effect.

3

After subsection (4) insert—

5
This Act shall apply to the following as it applies to persons falling within the definition of Crown servant—
a
the First Minister and deputy First Minister in Northern Ireland; and
b
Northern Ireland Ministers and junior Ministers.

Fair Employment (Northern Ireland) Act 1989 (c.32)

F1010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environment and Safety Information (Northern Ireland) Order 1993 (S.I. 1993/3159 (N.I.14))

13

In the second column of Schedule 1 to the Environment and Safety Information (Northern Ireland) Order 1993 (enforcing authorities), for “section 43(2) of the Northern Ireland Constitution Act 1973” substitute “ section 4(1) of the Northern Ireland Act 1998 ”.

Civil Service (Management Functions) (Northern Ireland) Order 1994 (S.I. 1994/1894 (N.I.9))

14

In Article 3(1) of the Civil Service (Management Functions) (Northern Ireland) Order 1994, for paragraphs (a) and (b) substitute “ which, by virtue of a prerogative order made under section 23(3) of the Northern Ireland Act 1998, is exercisable by the Department of Finance and Personnel ”.

Olympic Symbol etc. Protection Act 1995 (c.32)

15

In section 4(16) of the Olympic Symbol etc. Protection Act 1995 (definitions), in the definition of “Royal Commission”, for “by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973” substitute “ by a Minister, within the meaning of the Northern Ireland Act 1998, or Northern Ireland department in pursuance of the prerogative powers of Her Majesty exercisable by the Minister or department under section 23 of that Act ”.

Disability Discrimination Act 1995 (c.50)

F1116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I.7))

F14617

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I.8))

F14618

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I.6))

19

1

The Race Relations (Northern Ireland) Order 1997 shall be amended as follows.

2

In Article 2(2) (interpretation), in the definition of “the Commission” for “the Commission for Racial Equality for Northern Ireland” substitute “ the Equality Commission for Northern Ireland ”.

3

Article 42(1) and (3) to (5) and Schedule 1 (establishment of Commission for Racial Equality for Northern Ireland) shall cease to have effect.

Northern Ireland (Elections) Act 1998 (c.12)

20

In Schedule 1 to the Northern Ireland (Elections) Act 1998 (the Assembly), for paragraph 8 substitute—

8
1
For the purposes of the law of defamation, absolute privilege shall attach to—
a
the making of a statement in proceedings of the Assembly; and
b
the publication of a statement under the Assembly’s authority.
2
In this paragraph “statement” has the same meaning as in the Defamation Act 1996.

Data Protection Act 1998 (c.29)

21

1

In paragraph 4 of Schedule 7 to the Data Protection Act 1998 (miscellaneous exceptions), for “Northern Ireland department” substitute “ Northern Ireland authority ”.

2

Renumber that paragraph (as so amended) as sub-paragraph (1) and after that provision as so renumbered insert—

2
In this paragraph “Northern Ireland authority” means the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department.

SCHEDULE 14 Transitional provisions and savings

Section 100(1).

Human rights

I101

In relation to any time before the M50Human Rights Act 1998 is fully in force, sections 6(2)(c), 24(1) and 71 and Schedule 10 shall have effect as if that Act were so in force.

First Minister and deputy First Minister

2

Any election of the First Minister and the deputy First Minister held before the appointed day shall on and after that day have effect as if it had been held under section 16.

Ministerial offices

3

Any determination of—

a

the number of Ministerial offices to be held by Northern Ireland Ministers; and

b

the functions to be exercisable by the holder of each such office,

made and approved before the appointed day shall on and after that day have effect as if it had been made and approved under section 17.

Northern Ireland Ministers

4

Any nomination of a person to hold a Ministerial office made before the appointed day shall on and after that day have effect as if it had been made under section 18.

Junior Ministers

5

Any of the following made and approved before the appointed day—

a

a determination of the number of junior Ministers to be appointed;

b

a determination of the functions to be exercised by the holder of each junior Ministerial office; and

c

an appointment of a junior Minister,

shall have effect on and after that day as if it had been made and approved under section 19.

Department of First Minister and deputy First Minister

6

Any Northern Ireland department established before the appointed day under the charge of the First Minister and deputy First Minister acting jointly shall be treated on and after that day as if it had been established by an Act of the Assembly under section 21.

Prerogative orders

7

Any prerogative order made by the Secretary of State under the Letters Patent of Her Majesty dated 20th December 1973 before the appointed day shall on and after that day have effect as if it had been validly made under section 23(3) by the First Minister and the deputy First Minister acting jointly.

Agency arrangements

8

Any arrangements made under section 11 of the M51Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if they had been made under section 28.

Statutory committees

9

1

Any committee of the Assembly established before the appointed day to advise and assist a Northern Ireland Minister in the formulation of policy with respect to his responsibilities as a Minister shall be treated on and after that day as if it had been established by standing orders under section 29.

2

Any appointment of a member, or the chairman or deputy chairman, of such a committee made before the appointed day shall have effect on and after that day as if it had been made under section 29.

Elections of members

10

Any order made under section 2(5) of the M52Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 34(4).

Vacancies

11

Any order made under section 3 of the M53Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 35.

Disqualification

12

A person elected on 25th June 1998 shall not be disqualified from membership of the Assembly by virtue of section 36 if he was not disqualified from such membership under section 4 of the M54Northern Ireland (Elections) Act 1998.

Presiding Officer and deputy

13

Any person appointed or elected under paragraph 3 of the Schedule to the Northern Ireland (Elections) Act 1998 who holds office immediately before the appointed day shall on and after that day hold office as Presiding Officer or, as the case may be, deputy Presiding Officer as if he had been elected by the Assembly under section 39.

Standing orders

14

Any standing orders made by the Secretary of State under paragraph 10 to the Schedule to the Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect as if they had been made by the Assembly under section 41.

Civic Forum

15

Any such arrangements as are mentioned in subsection (1) of section 56 which are made and approved before the commencement of that section shall have effect, after that commencement, as if they had been made and approved under that section.

Comptroller and Auditor General for Northern Ireland

16

Any appointment made by Her Majesty under section 36(1)(d) of the M55Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if it had been an appointment made by Her Majesty on the nomination of the Assembly under section 65.

Certificates by Secretary of State

18

Section 90 shall have effect—

a

in relation to any act done before the appointed day, as if the reference to section 24 were a reference to section 19 of the Northern Ireland Constitution Act 1973 so far as relating to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department;

b

in relation to any act done before the commencement of section 76, as if the reference to that section were a reference to section 19 of that Act so far as relating otherwise than as mentioned in sub-paragraph (a); and

c

in relation to any such act as is mentioned in sub-paragraph (a) or (b), as if—

i

the reference in subsection (1)(b) to a certificate were a reference to a certificate purporting to be signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security; and

ii

subsection (3)(b) were omitted.

Devolution issues

19

In relation to any time before the first appointment of the Advocate General for Scotland, paragraphs 22, 23, 33 and 34 of Schedule 10 shall have effect as if references to him were references to the Lord Advocate.

Relations with Republic of Ireland

20

The repeal effected by this Act of section 12 of the Northern Ireland Constitution Act 1973 shall not affect the operation of any agreement or arrangement made under that section.

Discrimination in legislation

21

The repeals effected by this Act shall not affect the operation of sections 17 and 18 of the M56Northern Ireland Constitution Act 1973 (read with section 23 of that Act) in relation to—

a

Acts of the Parliament of Northern Ireland;

b

Measures of the Northern Ireland Assembly established under section 1 of the M57Northern Ireland Assembly Act 1973;

c

Orders in Council under Schedule 1 to the M58Northern Ireland Act 1974; and

d

relevant subordinate instruments (within the meaning of section 17 of the Northern Ireland Constitution Act 1973) made before the appointed day.

Discrimination by public bodies

22

The repeals effected by this Act shall not affect the operation of section 19 of the Northern Ireland Constitution Act 1973 (read with section 23 of that Act)—

a

so far as section 19 relates to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department, in relation to any act done before the appointed day;

b

so far as section 19 relates otherwise than as mentioned in sub-paragraph (a), in relation to any act done before the commencement of section 76.

Members’ Pensions

23

The repeals effected by this Act shall not affect the operation of the M59Ministerial Offices Act Northern Ireland) 1952, the M60Ministerial Salaries and Members’ Pensions Act Northern Ireland) 1965 or the M61Members’ Pensions (Northern Ireland) Order 1976 in relation to service completed before the appointed day.

I11SCHEDULE 15Repeals

Section 100(2).

Annotations:

Commencement Information

I11

Sch. 15 partly in force; Sch. 15 in force for specified purposes at Royal Assent see s. 101; Sch. 15 in force for further specified purposes at 1.3.1999 by S.I. 1999/340, art. 2(3), Sch. Pt. 3; Sch. 15 in force for further specified purposes at 1.10.1999 by S.I. 1999/2204, art. 3; Sch. 15 in force for further specified purposes at 2.12.1999 by S.I. 1999/3209, art. 2, Sch.

Chapter or Number	Short title	Extent of repeal
3 Edw 7 c.37.	Irish Land Act 1903.	Sections 27 to 42.
		Section 47.
10 & 11 Geo 5 c.67.	Government of Ireland Act 1920.	The whole Act.
12 Geo 5 c.2 (N.I.).	Exchequer and Audit Act (Northern Ireland) 1921.	Section 5.
		Section 28(1).
14 & 15 Geo 5 c.11 (N.I.).	Ministers (Temporary Exercise of Powers) Act (Northern Ireland) 1924.	The whole Act.
10 & 11 Geo 6 c.37.	Northern Ireland Act 1947.	Section 8.
		Section 9(1) and (5).
		Section 14(1) and (2).
1 & 2 Eliz 2 c.3.	Public Works Loans Act 1952.	Section 6.
1 & 2 Eliz 2 c.15 (N.I.).	Ministerial Offices Act (Northern Ireland) 1952.	The whole Act.
2 & 3 Eliz 2 c.33 (N.I.).	Interpretation Act (Northern Ireland) 1954.	Section 13(2).
		In section 46(2), in the definition of “the constitutional laws of Northern Ireland”, the words “the Government of Ireland Act 1920, and” and “amending or extending it or otherwise”.
1965 c.18 (N.I.).	Ministerial Salaries and Members’ Pensions Act (Northern Ireland) 1965.	The whole Act.
1969 c.7 (N.I.).	Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969.	Section 4.
1972 c.22.	Northern Ireland (Temporary Provisions) Act 1972.	The whole Act.
1973 c.17.	Northern Ireland Assembly Act 1973.	The whole Act.
1973 c.36.	Northern Ireland Constitution Act 1973.	Sections 1 to 9.
		Sections 11 to 32.
		Section 33(1).
		Section 36(1)(d).
		Section 37(1).
		Sections 38 to 40.
		Schedules 1 to 5.
1973 c.69.	Northern Ireland Constitution (Amendment) Act 1973.	The whole Act.
1974 c.28.	Northern Ireland Act 1974.	The whole Act.
1975 c.24.	House of Commons Disqualification Act 1975.	In Schedule 1, in Part II, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entry relating to the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.
1975 c.25.	Northern Ireland Assembly Disqualification Act 1975.	Section 5(1).
		In Schedule 1, in Part II, the entries relating to the Commission for Racial Equality for Northern Ireland, the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entries relating to the Additional Commissioner of the Commission for Racial Equality for Northern Ireland and the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.
		Schedule 2.
1976 c.25.	Fair Employment (Northern Ireland) Act 1976.	Section 1(2).
		Section 58(1).
		Schedule 1.
		Schedule 6.
S.I. 1976/426 (N.I.8).	Members’ Pensions (Northern Ireland) Order 1976.	The whole Order.
S.I. 1976/1042 (N.I.15).	Sex Discrimination (Northern Ireland) Order 1976.	In Article 2(2), the definition of “the interim period”.
		Article 54(2) to (4).
		Schedule 3.
		In Schedule 6, paragraph 2.
S.I. 1979/1573 (N.I.12).	Statutory Rules (Northern Ireland) Order 1979.	In Article 7(1), the words from “subject to” to “1974”.
		Article 11(4).
		In Schedule 4, paragraph 14.
1981 c.35.	Finance Act 1981.	Section 137(1) and (2).
S.I. 1982/713 (N.I.10).	Probation Board (Northern Ireland) Order 1982.	In Schedule 1, paragraph 1(2).
1982 c.38.	Northern Ireland Act 1982.	The whole Act.
S.I. 1984/1821 (N.I.11).	Fire Services (Northern Ireland) Order 1984.	In Article 5(1)(f), the words “under section 12 of the Northern Ireland Constitution Act 1973”.
1986 c.50.	Social Security Act 1986.	In Schedule 9, paragraph 6.
1986 c.53.	Building Societies Act 1986.	Section 122(2).
1986 c.56.	Parliamentary Constituencies Act 1986.	In Schedule 3, paragraphs 1 and 2.
1986 c.60.	Financial Services Act 1986.	Section 209(2).
S.I. 1986/595 (N.I.4).	Mental Health (Northern Ireland) Order 1986.	In Schedule 5, in Part II the amendment of the Ministerial Salaries and Members’ Pensions Act (Northern Ireland) 1965.
1987 c.22.	Banking Act 1987.	Section 109(2).
1987 c.43.	Consumer Protection Act 1987.	Section 49(2).
S.I. 1987/460 (N.I.5).	Audit (Northern Ireland) Order 1987.	In Article 2(2), the definition of “the interim period”.
		Article 4(2), (6) and (7).
		Article 6(6).
		Article 11(2) and (3).
		In Schedule 1, paragraph 4(3).
		In Schedule 2, paragraph 4(3).
S.I. 1987/2203 (N.I.22).	Adoption (Northern Ireland) Order 1987.	In Schedule 4, paragraph 1.
1989 c.6.	Official Secrets Act 1989.	Section 12(1)(b).
1989 c.32.	Fair Employment (Northern Ireland) Act 1989.	In section 21(1), the definition of “the Commission”.
		In Schedule 2, paragraphs 2, 5, 6 and 22 to 28.
1989 c.40.	Companies Act 1989.	In section 213(7), the words from “Subject to any Order” to the end.
1990 c.37.	Human Fertilisation and Embryology Act 1990.	Section 48(2).
1990 c.42.	Broadcasting Act 1990.	In Schedule 20, paragraph 19.
1990 c.43.	Environmental Protection Act 1990.	Section 3(8).
		Section 153(5).
1991 c.48.	Child Support Act 1991.	Section 23(4) and (5).
		Section 56(2) to (4).
		In Schedule 5, paragraph 2.
S.I. 1991/2628 (N.I.23).	Child Support (Northern Ireland) Order 1991.	Article 49(2) and (3).
1992 c.5.	Social Security Administration Act 1992.	Sections 177 and 178.
		Schedule 8.
1992 c.8.	Social Security Administration (Northern Ireland) Act 1992.	Sections 153 and 154.
		In section 167(1), the definition of “Joint Authority”.
1992 c.40.	Friendly Societies Act 1992.	Section 124(2).
1993 c.36.	Criminal Justice Act 1993.	Section 79(11).
1993 c.39.	National Lottery etc. Act 1993.	Section 63(2).
1993 c.48.	Pension Schemes Act 1993.	In section 167(2), the words “section 177 (co-ordination with Northern Ireland)”.
		Section 187.
1993 c.49.	Pension Schemes (Northern Ireland) Act 1993.	In section 163(2), the words “section 153 (co-ordination with Great Britain)”.
S.I. 1993/1252 (N.I.5).	Financial Provisions (Northern Ireland) Order 1993.	Article 8(6A).
1994 c.26.	Trade Marks Act 1994.	In Schedule 4, the entry in paragraph 1(2) relating to the Northern Ireland Constitution Act 1973.
1995 c.34.	Child Support Act 1995.	Section 29(2) to (4).
S.I. 1995/2702 (N.I.13).	Child Support (Northern Ireland) Order 1995.	Article 20.
1996 c.11.	Northern Ireland (Entry to Negotiations, etc.) Act 1996.	The whole Act.
1996 c.22.	Northern Ireland (Emergency Provisions) Act 1996.	In Schedule 6, paragraph 1.
S.I. 1996/1297 (N.I.7).	Commissioner for Complaints (Northern Ireland) Order 1996.	Article 23(1).
		In Schedule 2, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Commission for Racial Equality for Northern Ireland.
		Schedule 4.
S.I. 1996/1298 (N.I.8).	Ombudsman (Northern Ireland) Order 1996.	Article 3(3).
		In Schedule 5, the amendments of sections 19 to 22 of the Northern Ireland Constitution Act 1973 and the Northern Ireland Act 1974.
S.I. 1997/869 (N.I.6).	Race Relations (Northern Ireland) Order 1997.	Article 42(1) and (3) to (5).
		Schedule 1.
		In Schedule 2, paragraphs 1 and 7.
1998 c.12.	Northern Ireland (Elections) Act 1998.	The whole Act.
1998 c.32.	Police (Northern Ireland) Act 1998.	Section 1(2).
		Section 18(4).
1998 c.47.	Northern Ireland Act 1998.	In Schedule 13, paragraph 18.
1998 c.48.	Registration of Political Parties Act 1998.	In section 2(2)(e) the word “New”.
S.I. 1998/749 (N.I.4).	Financial Provisions (Northern Ireland) Order 1998.	Article 7.

SCHEDULES

C1SCHEDULE 1 Polls for the purposes of section 1

1

2

3

4

1

a

b

2

a

b

C11SCHEDULE 2 Excepted matters

1

C2a

b

c

2

3

a

F62aa

i

ii

iii

iv

b

i

ii

c

a

b

4

5

6

7

8

9

a

b

c

F129A

F969C

F1459D

10

a

b

c

d

e

f

g

i

ii

i

ii

F110A

F210B

F8810C

11

F4911A

12

F1531

F742

a

b

c

F313

14

15

16

F14116A

17

a

F91b

c

18

a

b

19

20