Northern Ireland Act 1998
Northern Ireland Act 1998 (1998 c. 47)
- Northern Ireland Act 1998 (1998 c. 47)
- Part I Preliminary
- 1 Status of Northern Ireland.
- 2 Previous enactments.
- 3 Devolution order.
- 4 Transferred, excepted and reserved matters.
- Part II Legislative Powers
- General
- 5 Acts of the Northern Ireland Assembly.
- 6 Legislative competence.
- 6A Restriction relating to retained EU law
- 7 Entrenched enactments.
- 7A Cross-community support required for Bill altering size of Assembly
- 8 Consent of Secretary of State required in certain cases.
- Scrutiny and stages of Bills
- 9 Scrutiny by Ministers.
- 10 Scrutiny by Presiding Officer.
- 11 Scrutiny by the Supreme Court.
- 12 Reconsideration where reference made to ECJ.
- 13 Stages of Bills.
- Royal Assent
- 14 Submission by Secretary of State.
- 15 Parliamentary control where consent given.
- Part III Executive Authorities
- Authorities
- 16 First Minister and deputy First Minister.
- 16A Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election
- 16B Vacancies in the office of First Minister or deputy First Minister
- 16C Sections 16A and 16B: supplementary
- 17 Ministerial offices.
- 18 Northern Ireland Ministers.
- 19 Junior Ministers.
- 19A Disqualification for certain offices which may be held by members of the Assembly.
- 20 The Executive Committee.
- 21 Northern Ireland departments.
- 21A Northern Ireland department with policing and justice functions
- 21B Section 21A(5A) and (7C): transitional provision
- 21C Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy Ministerial office
- Functions
- 22 Statutory functions.
- 23 Prerogative and executive powers.
- 24 ... Convention rights ...etc.
- 25 Excepted and reserved matters.
- 26 International obligations.
- 27 Quotas for purposes of international etc obligations.
- 28 Agency arrangements between UK and NI departments.
- Ministerial Code
- 28A Ministerial Code
- Power to refer Ministerial decision to Executive Committee
- 28B Power to refer Ministerial decision to Executive Committee
- Executive Committee: further provisions
- 28C Power of Executive Committee to call for witnesses and documents
- 28D Strategies relating to Irish language and Ulster Scots language etc
- 28E Strategy relating to poverty, social exclusion etc
- Miscellaneous
- 29 Statutory committees.
- 29A Committee to review functioning of Assembly and Executive Committee
- 29B Review of operation of sections 16A to 16C
- 29C Review of functions relating to judicial appointments and removals
- 30 Exclusion of Ministers from office.
- 30A Secretary of State’s powers in relation to exclusion
- 30B Secretary of State’s powers in exceptional circumstances
- Part IV The Northern Ireland Assembly
- Elections etc
- 31 Dates of elections and dissolutions.
- 32 Extraordinary elections.
- 33 Constituencies and numbers of members.
- 34 Elections and franchise.
- 35 Vacancies.
- Disqualification
- 36 Disqualification.
- 37 Effect of disqualification and provision for relief.
- 38 Disqualification: judicial proceedings.
- Presiding Officer and Commission
- 39 Presiding Officer.
- 40 Commission.
- Proceedings etc.
- 40A Undertaking by members
- 41 Standing orders.
- 42 Petitions of concern.
- 43 Members’ interests.
- 44 Power to call for witnesses and documents.
- 45 Witnesses and documents: offences.
- 46 Witnesses: oaths.
- Remuneration and pensions
- 47 Remuneration of members.
- 47A Resolutions about reduction of remuneration
- 47B Secretary of State’s powers in relation to reduction of remuneration
- 47C Section 47A: specified periods and extensions
- 48 Pensions of members.
- Miscellaneous
- 49 Letters Patent etc.
- 50 Privilege.
- 51 Resignation of members.
- 51A Resolutions about reduction of financial assistance
- 51B Secretary of State’s powers in relation to reduction of financial assistance
- 51C Section 51A : specified periods and extensions
- 51D Censure resolutions
- Part V NSMC, BIC, BIIC etc.
- 52 North-South Ministerial Council and British-Irish Council.
- 52A North-South Ministerial Council and British-Irish Council
- 52B Section 52A: duty to attend Council meetings etc
- 52C Sections 52A and 52B: supplementary
- 53 Agreements etc. by persons participating in Councils.
- 54 British-Irish Intergovernmental Conference.
- 55 Implementation bodies.
- 56 Civic Forum.
- PART 5A EU WITHDRAWAL: Democratic Consent and Scrutiny
- 56A. Democratic consent process
- 56B. Application of EU acts
- Part VI Financial Provisions
- Consolidated Fund
- 57 Consolidated Fund of Northern Ireland.
- 58 Payments into the Fund.
- 59 Payments out of Fund without appropriation Act.
- 60 Financial control, accounts and audit.
- Advances
- 61 Advances by Secretary of State.
- 62 Accounts.
- Miscellaneous
- 63 Financial acts of the Assembly.
- 64 Draft budgets.
- 65 Audit.
- 66 Expenses of Northern Ireland Audit Office.
- 67 Provision of information to Treasury.
- 67A Accounts etc to be laid before House of Commons if no functioning Assembly
- Part VII Human Rights and Equal Opportunities
- Human rights
- 68 The Northern Ireland Human Rights Commission.
- 69 The Commission’s functions.
- 69A Investigations: evidence
- 69B Investigations: national security
- 69C Investigations: places of detention
- 69D Investigations: terms of reference
- 70 Assistance by Commission.
- 71 Restrictions on application of rights.
- 72 Standing Advisory Commission on Human Rights: dissolution.
- Equality of opportunity
- 73 The Equality Commission for Northern Ireland.
- 74 The Commission’s principal functions.
- 75 Statutory duty on public authorities.
- 76 Discrimination by public authorities.
- 77 Unlawful oaths etc.
- 78 Removal of restrictions on investigation into maladministration.
- Protections deriving from EU withdrawal agreement
- 78A NIHRC functions in relation to EU withdrawal agreement
- 78B ECNI functions in relation to EU withdrawal agreement
- 78C Power of Commissions to bring, or intervene in, legal proceedings
- 78D Power of Commissions to assist persons in legal proceedings
- 78E Collaborative working
- Part 7A National and Cultural Identity
- 78F National and cultural identity principles
- 78G The Office of Identity and Cultural Expression
- 78H Functions of the Office of Identity and Cultural Expression
- 78I Further functions: establishing the Castlereagh Foundation
- Part 7B The Irish Language
- 78J Recognition of the status of the Irish language
- 78K The Irish Language Commissioner
- 78L Functions of the Commissioner
- 78M Irish language best practice standards
- 78N Review and revision of best practice standards
- 78O Duty to have regard to best practice standards
- 78P Complaints
- 78Q Meaning of “public authority”
- Part 7C The Ulster Scots and the Ulster British tradition
- 78R The Commissioner
- 78S Functions of the Commissioner
- 78T Complaints
- 78U Meaning of “public authority”
- Part VIII Miscellaneous
- Judicial scrutiny
- 79 Devolution issues.
- 80 Legislative power to remedy ultra vires acts.
- 81 Powers of courts or tribunals to vary retrospective decisions.
- 82 The Judicial Committee.
- 83 Interpretation of Acts of the Assembly etc.
- Power to make provision by Order in Council
- 84 Provision with respect to certain matters relating to Northern Ireland.
- 85 Provision dealing with certain reserved matters.
- 86 Provision for purposes consequential on Act etc.
- 86A Provision for transfer of functions relating to extradition etc.
- 86B Provision for entrenching enactments
- Social security, child support and pensions
- 87 Consultation and co-ordination.
- 88 The Joint Authority.
- 89 Industrial Injuries Advisory Council.
- Discrimination: certificates by Secretary of State
- 90 Effect of certificates.
- 91 The Tribunal.
- 92 Appeals from the Tribunal.
- Miscellaneous
- 93 Parliament Buildings etc.
- 94 Land purchase annuities etc.
- Part IX Supplemental
- 95 Savings for existing laws.
- 95A Directions under sections 30A, 47B and 51B
- 96 Orders and regulations.
- 96A Explanatory statements in relation to certain regulations
- 97 Financial provision.
- 98 Interpretation.
- 99 Minor and consequential amendments.
- 100 Transitional provisions, savings and repeals.
- 101 Short title and commencement.
- SCHEDULES
- SCHEDULE 1 Polls for the purposes of section 1
- SCHEDULE 2 Excepted matters
- SCHEDULE 3 Reserved matters
- SCHEDULE 4 Annex A to Strand One of Belfast Agreement
- SCHEDULE 4A Department with policing and justice functions
- Part 1 Department in the charge of Minister approved by resolution of Assembly by virtue of section 21A(3)
- Introduction
- Modification of section 16A
- Section 18 not to apply to relevant Minister
- Provisions relating to relevant Minister
- Part 1A Department in the charge of Minister approved by resolution of the Assembly by virtue of section 21A(3A)
- Introduction
- Modification of section 16A
- Section 18 not to apply to relevant Minister
- Provisions relating to relevant Minister
- Reappointment of other Northern Ireland Ministers in certain cases
- Part 2 Department in the charge of two Ministers
- Introduction
- Modification of section 16A
- Modifications of section 17
- Section 18 not to apply to relevant Ministers
- Provisions relating to relevant Ministers
- Part 3 Department with rotation between Minister and junior Minister
- Introduction
- Modification of section 16A
- Section 18 not to apply to relevant Minister
- Certain provisions of section 19 not to apply to relevant junior Minister
- Provisions relating to relevant Minister and relevant junior Minister
- Part 3A Department in the charge of Minister and deputy Minister
- Introduction
- Modification of section 16A
- Section 18 not to apply to relevant Minister
- Section 19 not to apply to deputy Minister
- Provisions relating to relevant Minister and deputy Minister
- Eligibility to become relevant Minister or deputy Minister
- Change in number of Ministerial offices held by members of a political party
- Interpretation
- Part 4 Power to make further modifications
- SCHEDULE 5 Northern Ireland Assembly Commission
- Membership
- Staff
- Powers
- Delegation
- Proceedings and business
- Crown status
- SCHEDULE 6 Standing orders: further provision
- Preservation of order
- Proceedings to be in public
- Reporting and publishing proceedings
- Committees
- Votes in vacancy
- SCHEDULE 6A EU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS
- PART 1 General
- Introduction
- Meaning of “consent resolution” and effect if consent resolution rejected
- Meaning of “continuation period”, “current period” etc
- PART 2 Duty of Secretary of State to initiate the democratic consent process
- Duty to give notification of the start of the democratic consent process
- PART 3 Default Democratic Consent Process
- Application
- Giving the notification of the start of the democratic consent process
- Presiding Officer to inform members of the Assembly
- Consent resolution: motion by First Minister and deputy First Minister
- Consent resolution: motion by any member of the Assembly
- Consent resolution: consideration of motion
- PART 4 Alternative democratic consent process
- Application
- Giving the notification of the start of the democratic consent process
- Presiding Officer to inform members of the Assembly
- Consent resolution: motion by a member of the Assembly
- Consent resolution: requirement to consider motion
- Election of an interim Presiding Officer
- PART 5 Procedural Matters and Outcome
- Application
- Procedural matters relating to motions for consent resolutions
- Outcome of process: Presiding Officer to notify Secretary of State
- Outcome of process: Secretary of State to notify European Commission
- PART 6 Independent Review
- Independent review into the functioning of the Protocol
- SCHEDULE 6B EU WITHDRAWAL: WINDSOR FRAMEWORK DEMOCRATIC SCRUTINY
- PART 1 General
- Introduction and Interpretation
- PART 2 Windsor Framework Democratic Scrutiny Committee
- Windsor Framework Democratic Scrutiny Committee
- Purpose and functions of the Committee
- Membership of the Committee
- Powers of the Committee
- Notification of the Committee
- Committee Monitoring
- Committee Inquiries: Initiation
- Committee Inquiries: Procedure
- Committee Inquiries: Reports
- PART 3 Procedure by which members of the Assembly may seek to prevent the application of a replacement EU act
- Initiating the procedure to prevent the application of a replacement EU act
- Time period for making the notification
- Duty to publish the notification
- Consideration of the validity of the notification
- Duty to notify accepted notifications
- Duty to give reasons for a decision not to accept a notification
- PART 4 Ministerial consideration of new EU acts in the Joint Committee
- Meaning of “applicability motion”
- Restrictions relating to a decision to add new EU acts
- Requirements relating to the applicability motion
- SCHEDULE 7 The Northern Ireland Human Rights Commission
- Introductory
- Commissioners’ tenure
- Commissioners’ salary etc.
- Staff
- Annual report
- Money
- Procedure
- Disqualification
- Status
- SCHEDULE 8 The Equality Commission for Northern Ireland
- Introductory
- Commissioners’ tenure
- Commissioners’ salary etc.
- Additional Commissioners
- Staff
- Annual report
- Money
- Procedure
- Disqualification
- The Northern Ireland Commissioner for Complaints
- Status
- SCHEDULE 9 Equality: enforcement of duties
- The Equality Commission
- Equality schemes
- Duties arising out of equality schemes
- Complaints
- Investigations
- Government departments
- Schedule 9A The Office of Identity and Cultural Expression
- Status
- Membership
- Tenure of members
- Members’ salary etc.
- Staff
- Assistance
- Exercise of functions
- General powers
- Proceedings
- Funding
- Accounts
- Annual report
- Seal and evidence
- Schedule 9B The Irish Language Commissioner
- Status
- Tenure of office
- Commissioner’s salary, etc
- Staff
- Assistance
- Exercise of functions
- General powers
- Funding
- Accounts
- Annual report
- Seal and evidence
- Property
- Schedule 9C Commissioner for the Ulster Scots and the Ulster British tradition
- Status
- Tenure of office
- Commissioner’s salary, etc
- Staff
- Assistance
- Exercise of functions
- General powers
- Funding
- Accounts
- Annual report
- Seal and evidence
- Property
- SCHEDULE 10 Devolution issues
- Part I Preliminary
- Part II Proceedings in Northern Ireland
- Application of Part II
- Institution of proceedings
- Notice of devolution issue
- Reference of devolution issue to Court of Appeal
- References from Court of Appeal to Supreme Court
- Appeals from Court of Appeal to Supreme Court
- Part III Proceedings in England and Wales
- Application of Part III
- Institution of proceedings
- Notice of devolution issue
- Reference of devolution issue to High Court or Court of Appeal
- References from Court of Appeal to Supreme Court
- Appeals from superior courts to Supreme Court
- Part IV Proceedings in Scotland
- Application of Part IV
- Institution of proceedings
- Intimation of devolution issue
- Reference of devolution issue to higher court
- References from superior courts to Supreme Court
- Appeals from superior courts to Supreme Court
- Part V General
- . . .
- Direct references to Supreme Court
- Delegation by First Ministers
- Expenses
- Procedure of courts and tribunals
- Bail and legal aid in criminal proceedings
- Interpretation
- SCHEDULE 11 Tribunal established under section 91
- Introductory
- Members
- Chairman
- Payments to members
- Proceedings
- Staff
- Expenses
- Disqualification of Tribunal Members
- SCHEDULE 12 Construction of references in existing laws
- Preliminary
- The Parliament and the old Assembly
- Legislation etc of the Parliament or the old Assembly
- Money
- Office-holders and Ministers
- Courts
- Equal opportunity bodies
- SCHEDULE 12A Effect of application of section 95A(6) or (7)
- Directions under section 30A(5): Northern Ireland Ministers and junior Ministers
- Directions under section 30A(2) or (5): the First Minister and deputy First Minister
- Directions under section 47B or 51B
- General
- SCHEDULE 13 Minor and consequential amendments
- Fair Employment (Northern Ireland) Act 1976 (c.25)
- Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
- Interpretation Act 1978 (c.30)
- Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))
- Mental Health Act 1983 (c.20)
- Insolvency Act 1986 (c.45)
- Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5))
- Copyright, Designs and Patents Act 1988 (c.48)
- Official Secrets Act 1989 (c.6)
- Fair Employment (Northern Ireland) Act 1989 (c.32)
- Social Security Administration Act 1992 (c.5)
- Social Security Administration (Northern Ireland) Act 1992 (c.8)
- Environment and Safety Information (Northern Ireland) Order 1993 (S.I. 1993/3159 (N.I.14))
- Civil Service (Management Functions) (Northern Ireland) Order 1994 (S.I. 1994/1894 (N.I.9))
- Olympic Symbol etc. Protection Act 1995 (c.32)
- Disability Discrimination Act 1995 (c.50)
- Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I.7))
- Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I.8))
- Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I.6))
- Northern Ireland (Elections) Act 1998 (c.12)
- Data Protection Act 1998 (c.29)
- SCHEDULE 14 Transitional provisions and savings
- Human rights
- First Minister and deputy First Minister
- Ministerial offices
- Northern Ireland Ministers
- Junior Ministers
- Department of First Minister and deputy First Minister
- Prerogative orders
- Agency arrangements
- Statutory committees
- Elections of members
- Vacancies
- Disqualification
- Presiding Officer and deputy
- Standing orders
- Civic Forum
- Comptroller and Auditor General for Northern Ireland
- Social security and child support
- Certificates by Secretary of State
- Devolution issues
- Relations with Republic of Ireland
- Discrimination in legislation
- Discrimination by public bodies
- Members’ Pensions
- SCHEDULE 15 Repeals
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