CAIN: Northern Ireland Bill, July 1998

CAIN Web Service

The Northern Ireland Bill, July 1998


[CAIN_Home]
[Key_Events] Key_Issues] [Conflict_Background]
Text: Government ... Page Compiled: Fionnuala McKenna
Material is added to this site on a regular basis - information on this page may change

The Northern Ireland Bill
15 July 1998

Table of Contents

PART I PRELIMINARY
PART II LEGISLATIVE POWERS
PART III EXECUTIVE AUTHORITIES
PART IV THE NORTHERN IRELAND ASSEMBLY
PART V FINANCIAL PROVISIONS
PART VI HUMAN RIGHTS AND EQUAL OPPORTUNITIES
PART VII MISCELLANEOUS
PART VIII SUPPLEMENTAL
SCHEDULES


Northern Ireland [15.07.98]

Make new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PART I
PRELIMINARY
Status of Northern Ireland.
1. (1) It is hereby declared that Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1.
(2)But if the wish expressed by a majority in such a poll is that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland, the Secretary of State shall lay before Parliament such proposals to give effect to that wish as may be agreed between Her Majesty's Government in the United Kingdom and the Government of Ireland.

Previous Enactments.
2. The Government of Ireland Act 1920 is repealed; and this Act shall have effect notwithstanding any other previous enactment.

Devolution Order.
3. (1) If it appears to the Secretary of State that sufficient progress has been made in implementing the Belfast Agreement, he shall lay before Parliament the draft of an Order in Council appointing a day for the commencement of Parts II and III ("the appointed day").
(2) If the draft Order laid before Parliament under subsection (1) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.

Transferred, excepted and reserved matters.
4. (1) In this Act -
"excepted matters" means the matters specified in Schedule 2;
"reserved matters" means the matters specified in Schedule 3;
"transferred matters" means matters which are not excepted matters or reserved matters.
(2)If at any time after the appointed day it appears to the Secretary of State-
(a) that any reserved matter should become a transferred matter; or
(b) that any transferred matter should become a reserved matter,
he may, subject to subsection (3), lay before Parliament the draft of an Order in Council amending Schedule 3 so that the matter ceases to be or, as the case may be, becomes a reserved matter with effect from such date as may be specified in the Order.
(3) The Secretary of State shall not lay the draft of an Order before Parliament under subsection (2) unless the Assembly has passed with cross-community support a resolution praying that the matter concerned should cease to be or, as the case may be, should become a reserved matter.
(4) If the draft of an Order laid before Parliament under subsection (2) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.
(5) In this Act -
"the Assembly" means the New Northern Ireland Assembly, which after the appointed day shall be known as the Northern Ireland Assembly;
"cross-community support", in relation to a vote on any matter, means-
(a) the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; or
(b) the support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting;
"designated Nationalist" means a member designated as a Nationalist in accordance with standing orders of the Assembly and "designated Unionist" shall be construed accordingly.


PART II
LEGISLATIVE POWERS
General
Acts of the Northern Ireland Assembly.
5. (1) Subject to sections 6 and 7, the Assembly may make laws, to be known as Acts.
(2) A Bill shall become an Act when it has been passed by the Assembly and has received Royal Assent.
(3) A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Great Seal of Northern Ireland signed with Her Majesty's own hand signifying Her Assent are notified to the Presiding Officer.
(4) The date of Royal Assent shall be written on the Act by the Presiding Officer, and shall form part of the Act.
(5) The validity of any proceedings leading to the enactment of an Act of the Assembly shall not be called into question in any legal proceedings.
(6) This section does not affect the power of the Parliament of the United Kingdom to make laws for Northern Ireland.

Legislative competence.
6. (1) A provision of an Act is not law if it is outside the legislative competence of the Assembly.
(2) A provision is outside that competence if any of the following paragraphs apply-
(a) it would form part of the law of a country or territory other than Northern Ireland, or confer or remove functions exercisable otherwise than in or as regards Northern Ireland;
(b) it deals with an excepted matter and is not ancillary to other provisions (whether in the Act or previously enacted) dealing with reserved matters or transferred matters;
(c) it modifies an enactment in breach of Schedule 4;
(d) it is incompatible with any of the Convention rights or with Community law;
(e) it is not incompatible with any of those rights but it discriminates against any person or class of person on the ground of religious belief or political opinion.
(3) Any provision of an Act of the Assembly is to be read, so far as possible, so as to be within the legislative competence of the Assembly and is to have effect accordingly.
(4) For the purposes of this Act, a provision is ancillary to other provisions if it is a provision-
(a) which provides for the enforcement of those other provisions or is otherwise necessary or expedient for making those other provisions effective; or
(b) which is otherwise incidental to, or consequential on, those provisions;
and references in this Act to provisions previously enacted are references to provisions contained in, or in any instrument made under, other Northern Ireland legislation or an Act of the Parliament of the United Kingdom.

Consent of Secretary of State required in certain cases.
7. The consent of the Secretary of State shall be required in relation to a Bill which contains-
(a) a provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
(b) a provision which deals with a reserved matter.

Scrutiny and stages of Bills
Scrutiny by Ministers.
8. (1) A Northern Ireland Minister in charge of a Bill shall, on or before introduction of it in the Assembly, make a statement to the effect that in his view the Bill would be within the legislative competence of the Assembly.
(2) The statement shall be in writing and shall be published in such manner as the Minister making the statement considers appropriate.

Scrutiny by Presiding Officer.
9. (1) Subject to subsection (2), standing orders shall ensure that a Bill is not introduced in the Assembly if the Presiding Officer decides that any provision of it would be outside the legislative competence of the Assembly.
(2) Standing orders may provide for the Assembly, by a resolution with cross-community support, to overrule any decision of the Presiding Officer of the kind mentioned in subsection (1).
(3) Subject to subsection (4)-
(a) the Presiding Officer shall consider a Bill both on its introduction and before the Assembly enters on its final stage; and
(b) if he considers that the Bill contains-
(i) any provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
(ii) any provision which deals with a reserved matter,
he shall refer it to the Secretary of State; and
(c) the Assembly shall not proceed with the Bill or, as the case may be, enter on its final stage unless-
(i) the Secretary of State's consent to the consideration of the Bill by the Assembly is signified; or
(ii) the Assembly is informed that in his opinion the Bill does not contain any such provision as is mentioned in paragraph (b)(i) or (ii).
(4) Subsection (3)(b) and (c) shall not apply-
(a) where, in the opinion of the Presiding Officer, each provision of the Bill which deals with an excepted or reserved matter is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only; or
(b) on the introduction of a Bill, where the Bill has been endorsed with a statement that the Secretary of State has consented to the Assembly considering the Bill.
(5) In this section and section 12 "final stage", in relation to a Bill, means the stage in the Assembly's proceedings at which the Bill falls finally to be passed or rejected.

Scrutiny by the Judicial Committee.
10.(1)The Attorney General for Northern Ireland may refer the question of whether a provision of a Bill would be within the legislative competence of the Assembly to the Judicial Committee for decision.
(2) Subject to subsection (3), he may make a reference in relation to a provision of a Bill at any time during-
(a) the period of four weeks beginning with the passing of the Bill; and
(b) the period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 11(6).
(3) He shall not make a reference in relation to a provision of a Bill if he has notified the Presiding Officer that he does not intend to make a reference in relation to the provision, unless the Bill has been approved as mentioned in subsection (2)(b) since the notification.
(4) If the Judicial Committee decide that any provision of a Bill would be within the legislative competence of the Assembly, their decision shall be taken as applying also to that provision if contained in the Act when enacted.

Stages of Bills.
11. (1) Standing orders shall include provision-
(a) for general debate on a Bill with an opportunity for members to vote on its general principles;
(b) for the consideration of, and an opportunity for members to vote on, the details of a Bill; and
(c) for a final stage at which a Bill can be passed or rejected.
(2) Standing orders may include provision for the consideration of the details of a Bill by such a committee as is mentioned in paragraph 11 of Strand One of the Belfast Agreement.
(3) Standing orders may, in relation to different types of Bill, modify provisions made in pursuance of subsection (1) or (2).
(4) Standing orders shall include provision-
(a) requiring the Presiding Officer to send a copy of each Bill, as soon as reasonably practicable after introduction, to the Northern Ireland Human Rights Commission; and
(b) enabling the Assembly to ask the Commission, where the Assembly thinks fit, to advise whether a Bill is compatible with human rights (including the Convention rights).
(5) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)-
(a) the Judicial Committee decide that any provision of the Bill would not be within the legislative competence of the Assembly;
(b) a decision is made in relation to the Bill under section 12(4) or (5); or
(c) a motion under section 13(1) is passed by either House of Parliament.
(6) Standing orders shall, in particular, ensure that any Bill amended on reconsideration is subject to a final stage at which it can be approved or rejected.
(7) References in subsection (5) and other provisions of this Act to the passing of a Bill shall, in the case of a Bill which has been amended on reconsideration, be read as references to the approval of the Bill.

Royal Assent
Submission by Secretary of State.
12. (1) It shall be the Secretary of State who submits Bills for Royal Assent.
(2) The Secretary of State shall not submit a Bill for Royal Assent at any time when-
(a) the Attorney General for Northern Ireland is entitled to make a reference in relation to a provision of the Bill under section 10; or
(b) any such reference has been made but has not been decided or otherwise disposed of by the Judicial Committee.
(3) If the Judicial Committee have decided that any provision of a Bill would be outside the legislative competence of the Assembly, the Secretary of State shall not submit the Bill in its unamended form for Royal Assent.
(4) The Secretary of State may, unless he consents to it, decide not to submit for Royal Assent a Bill containing a provision-
(a) which the Secretary of State considers deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
(b) which the Secretary of State considers deals with a reserved matter,
if the Bill has not been referred to him under subsection (3) of section 9 (whether by virtue of subsection (4)(a) of that section or otherwise) before the Assembly enters on its final stage.
(5)The Secretary of State may decide not to submit for Royal Assent a Bill which contains provisions which he considers would be incompatible with any international obligations.

Parliamentary control where consent given.
13. (1) Subject to subsection (2), a Bill to which the Secretary of State has consented under this Part shall not be submitted by him for Royal Assent unless he has first laid it before Parliament and either-
(a) the period of 20 days beginning with the date of which it is laid has expired without notice having been given in either House of a motion that the Bill shall not be submitted for Royal Assent; or
(b) if notice of such a motion is given within that period, the motion has been rejected or withdrawn.
(2) Subsection (1) shall not apply to a Bill if the Secretary of State considers that it contains no provision which deals with an excepted or reserved matter except a provision which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only.
(3) Subsection (1) shall not apply to a Bill if the Secretary of State considers that by reason of urgency it should be submitted for Royal Assent without first being laid before Parliament.
(4) Any Bill submitted by virtue of subsection (3) shall, if given Royal Assent, be laid before Parliament by the Secretary of State after Royal Assent, and if-
(a) within the period of 20 days beginning with the date on which it is laid notice is given in either House of a motion praying that the Act of the Assembly shall cease to have effect; and
(b) that motion is carried,
Her Majesty may by Order in Council repeal that Act with effect from such date as may be specified in the Order.
(5) An Order in Council under subsection (4) may make such consequential and transitional provisions and such savings in connection with the repeal as appears to Her Majesty to be necessary or expedient.
(6) Any notice of motion for the purposes of subsection (1) or (4) must be signed by not less than 20 members of the House in which it is given; and the period mentioned in that subsection shall be computed, in relation to each House, by reference only to days on which that House sits.


PART III
EXECUTIVE AUTHORITIES
Authorities
First Minister and deputy First Minister.
14. (1) The Assembly shall elect from among its members the First Minister and the deputy First Minister.
(2) Each candidate for either office must stand for election jointly with a candidate for the other office.
(3) Two candidates standing jointly shall not be elected to the two offices without the support of a majority of the members voting in the election, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
(4) The First Minister and the deputy First Minister shall not take up office until each of them has affirmed the terms of the pledge of office.
(5) The First Minister or the deputy First Minister-
(a) may at any time resign by notice in writing to the Presiding Officer; and
(b) shall cease to hold office if he ceases to be a member of the Assembly otherwise than by virtue of a dissolution.
(6) If either the First Minister or the deputy First Minister ceases to hold office, whether by resignation or otherwise, the other shall also cease to hold office.
(7) Where the offices of the First Minister and the deputy First Minister are vacant, an election shall be held under this section to fill the vacancies.
(8) Standing orders may make provision with respect to the holding of elections under this section.
(9) In this Act "the pledge of office" means the pledge of office set out in Annex A to Strand One of the Belfast Agreement (the text of which Annex is reproduced in Schedule 5).

Northern Ireland Ministers.
15. (1) Subject to subsections (2) and (3)-
(a) the number of Northern Ireland Ministers; and
(b) the functions to be exercisable by virtue of each Ministerial office (which may include functions as the head of a Northern Ireland department),
shall be determined by the First Minister and the deputy First Minister acting jointly.
(2) A determination under subsection (1) shall not have effect unless it is approved by a resolution of the Assembly passed with cross-community support.
(3) The number of Northern Ireland Ministers shall not exceed 10 or such greater number as the Secretary of State may by order provide.
(4) The nominating officer of the political party for which the formula in subsection (8) gives the highest figure may select a Ministerial office and nominate a person to hold it who is a member of the party and of the Assembly.
(5) If a person nominated under subsection (4) or this subsection does not take up the Ministerial office within a period specified in standing orders, the nominating officer may nominate another person to hold the office who is a member of the party and of the Assembly.
(6) If a nominating officer does not exercise the power conferred by subsection (4) or (5) within a period specified in standing orders, the power conferred by subsection (4) shall become exercisable by the nominating officer of the political party for which the formula in subsection (8) gives the next highest figure.
(7) Subsections (4) to (6) shall be applied as many times as may be necessary to secure that each of the Ministerial offices is filled.
(8) The formula is -
S
_________

1 + M
where-
S = the number of seats in the Assembly which are held by members of the party;
M = the number of Ministerial offices (if any) which are held by members of the party.
(9) Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.
(10) The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold a Ministerial office.
(11) A Northern Ireland Minister shall not take up office until he has affirmed the terms of the pledge of office.
(12) A Northern Ireland 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 nominating officer who nominated him (or his successor) and the Presiding Officer is notified of his dismissal.
(13) Where a Ministerial office is vacant, the vacancy shall be filled by applying subsections (4) to (9) within a period specified in standing orders.
(14) Where-
(a) the Assembly has resolved under section 23(2) that a political party does not enjoy its confidence; and
(b) the party's period of exclusion has not come to an end,
the party shall be disregarded for the purposes of subsections (4) to (9) as applied by or under subsection (13).
(15) In this section "nominating officer"-
(a) in relation to a registered political party, means the registered nominating officer;
(b) in relation to any other political party, means the person who appears to the Presiding Officer to be the leader of the party, or an officer nominated by that person for the purposes of this section.

The Executive Committee.
16. (1) There shall be an Executive Committee of the Assembly consisting of the First Minister, the deputy First Minister and the Northern Ireland Ministers.
(2) The First Minister and the deputy First Minister shall be chairmen of the Committee.
(3) The Committee shall have the functions set out in paragraphs 19 and 20 of Strand One of the Belfast Agreement.

Northern Ireland departments.
17. (1) Subject to subsection (2), the Northern Ireland departments existing on the appointed day shall be the Northern Ireland departments for the purposes of this Act.
(2) Provision may be made by Act of the Assembly for establishing new Northern Ireland departments or dissolving existing ones.

Functions
Exercise by Ministers and departments.
18. (1) The executive power in Northern Ireland shall continue to be vested in Her Majesty.
(2) As respects transferred matters, the prerogative and other executive functions of Her Majesty in relation to Northern Ireland shall be exercisable on Her Majesty's behalf by the First Minister and the deputy First Minister acting jointly.
(3) If and to the extent that those Ministers so determine, those functions shall be exercised through the Northern Ireland Ministers and the Northern Ireland departments.

Community law and Convention rights.
19. (1) A Minister or Northern Ireland department has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights or with Community law.
(2) In this section and sections 20, 21 and 23, "Minister" means the First Minister, the deputy First Minister or a Northern Ireland Minister.

International obligations.
20. (1) If the Secretary of State considers that any action proposed to be taken by a Minister or Northern Ireland department would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken.
(2) If the Secretary of State considers that any action capable of being taken by a Minister or Northern Ireland department is required for the purpose of giving effect to any international obligations, he may by order direct that the action shall be taken.
(3) In subsections (1) and (2), "action" includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Assembly.
(4) If any subordinate legislation made or which could be revoked by a Minister or Northern Ireland department contains-
(a) a provision which the Secretary of State considers would be incompatible with any international obligations; or
(b) a provision relating to an excepted matter which is within the legislative competence of the Assembly, but which the Secretary of State considers would have an adverse effect on the operation of an enactment as it applies to excepted matters,
the Secretary of State may by order revoke the legislation.
(5) An order under subsection (4) shall recite the reasons for revoking the legislation.

Agency arrangements between UK and NI departments.
21. (1) Arrangements may be made between any department of the Government of the United Kingdom and any Northern Ireland department for any functions of one of them to be discharged by, or by officers of, the other.
(2) No such arrangements shall affect the responsibility of the department on whose behalf any functions are discharged.
(3) In this section-
(a) references to a department of the Government of the United Kingdom include references to any Minister of the Crown; and
(b) references to a Northern Ireland department include references to a Minister.
(4) This section shall have effect in relation to the Post Office as it has effect in relation to a department of the Government of the United Kingdom.

Miscellaneous
Statutory committees.
22. (1) This section has effect for the purpose of implementing paragraphs 8 and 9 of Strand One of the Belfast Agreement.
(2) Standing orders shall make provision-
(a) for establishing committees of members of the Assembly ("statutory committees") to advise and assist each Northern Ireland Minister in the formulation of policy with respect to matters within his responsibilities as a Minister; and
(b) for enabling a committee to be so established either in relation to a single Northern Ireland Minister or in relation to more than one.
(3) Standing orders shall provide that-
(a) the nominating officer of the political party for which the formula in subsection (4) gives the highest figure may select a statutory committee and nominate as its chairman or deputy chairman a person who is a member of the party and of the Assembly;
(b) if the power conferred by paragraph (a) is not exercised within a period specified in standing orders, the power shall be exercisable instead by the nominating officer of the political party for which the formula in subsection (4) gives the next highest figure; and
(c) paragraphs (a) and (b) shall be applied as many times as may be necessary to secure that a chairman and deputy chairman are nominated for each of the statutory committees.
(4) The formula is -
S
_________

1 + C
where-
S = the number of seats in the Assembly which are held by members of the party;
C = the number of chairmen or deputy chairmen of statutory committees (if any) who are members of the party.
(5) Standing orders shall provide that, where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.
(6) Standing orders shall provide that, where an office of chairman or deputy chairman is vacant, the vacancy shall be filled by applying the provision made by virtue of subsections (3) to (5).
(7) In this section "nominating officer" has the same meaning as in section 15.

Exclusion of Ministers from office.
23. (1) If the Assembly resolves that a Minister no longer enjoys the confidence of the Assembly-
(a) because he is not committed to non-violence and exclusively peaceful and democratic means;
(b) because of any failure of his to observe any other terms of the pledge of office; or
(c) for any other reason,
he shall be excluded from holding office as a Minister for a period of twelve months beginning with the date of the resolution.
(2) If the Assembly resolves that a political party does not enjoy the confidence of the Assembly-
(a) because it is not committed to non-violence and exclusively peaceful and democratic means; or
(b) for any other reason,
members of that party shall be excluded from holding office as Ministers for a period of twelve months beginning with the date of the resolution.
(3) The Assembly may, before a period of exclusion comes to an end, resolve to extend it for twelve months beginning with the date of the resolution.
(4) A period of exclusion shall come to an end if the Assembly-
(a) is dissolved; or
(b) resolves to bring the exclusion to an end.
(5) A motion for a resolution under subsection (1), (2) or (3) shall not be moved unless-
(a) it is supported by at least 30 members of the Assembly;
(b) it is moved by the First Minister and the deputy First Minister acting jointly; or
(c) it is moved by the Presiding Officer in pursuance of a notice under subsection (6).
(6) If the Secretary of State is of the opinion that the Assembly ought to consider-
(a) a resolution under subsection (1)(a) in relation to a Minister; or
(b) a resolution under subsection (2)(a) in relation to a political party,
he may serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.
(7) In forming an opinion under subsection (6), the Secretary of State shall in particular take into account whether the Minister or party concerned-
(a) is committed to the use now and in the future of only democratic and peaceful means to achieve his or its objectives;
(b) has ceased to be involved in any acts of violence or of preparation for violence;
(c) is directing or promoting acts of violence by other persons;
(d) is co-operating fully with any Commission of the kind referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997 in implementing the Decommissioning section of the Belfast Agreement.
(8) A resolution under this section shall not be passed without cross-community support.


PART IV
THE NORTHERN IRELAND ASSEMBLY

Elections etc.
Dates of elections and dissolutions.
24. (1) Subject to subsection (2), the date of the poll for the election of each Assembly shall be the first Thursday in May in the fourth calendar year following that in which its predecessor was elected; and the predecessor shall be dissolved at the beginning of the minimum period which ends with that date.
(2) The date of the poll for the election of the Assembly next following the Assembly elected under section 2 of the Northern Ireland (Elections) Act 1998 shall be 1st May 2003; and the Assembly elected under that section shall be dissolved at the beginning of the minimum period which ends with that date.
(3) The Secretary of State may at any time by order direct that the date of the poll for the election of the next Assembly shall, instead of being that specified in subsection (1) or (2), be a date specified in the order being a date falling not more than two months before or after the date specified in that subsection.
(4) If at any time it appears to Her Majesty-
(a) that the persons who are the First Minister, the deputy First Minister and the Northern Ireland Ministers are not able to carry out their functions;
(b) that, if they were to resign, the persons who would be likely to succeed them would not be able to carry out their functions; and
(c) that it is in the public interest that the Assembly should be dissolved,
Her Majesty, after taking into account any vote of the Assembly which appears to Her Majesty to be relevant, may by Order in Council direct that the date of the poll for the election of the next Assembly, instead of being determined in accordance with the foregoing provisions of this section, shall be such earlier date as may be specified in the Order.
(5) No recommendation shall be made to Her Majesty to make an Order under subsection (4) unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(6) In this section "minimum period" means a period determined in accordance with an order of the Secretary of State.

Constituencies and numbers of members.
25. (1) The members of the Assembly shall be returned for the parliamentary constituencies in Northern Ireland.
(2) Each constituency shall return six members.
(3) An Order in Council under the Parliamentary Constituencies Act 1986 changing a parliamentary constituency in Northern Ireland shall have effect for the purposes of this Act in relation to-
(a) the first election under section 24 which takes place after the Order comes into force; and
(b) later elections under that section and by-elections.

Elections and franchise.
26. (1) This section applies to elections of members of the Assembly, including by-elections.
(2) Each vote in the poll at an election shall be a single transferable vote.
(3) A single transferable vote is a vote-
(a) capable of being given so as to indicate the voter's order of preference for the candidates for election as members for the constituency; and
(b) capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.
(4) The Secretary of State may by order make provision about elections or any matter relating to them.
(5) In particular, an order under subsection (4) may make-
(a) provision as to the persons entitled to vote at an election and the registration of such persons;
(b) provision for securing that no person stands as a candidate for more than one constituency at a general election;
(c) provision for determining the date of the poll at a by-election;
(d) provision about deposits.
(6) An order under subsection (4) may apply (with or without modifications) any provision of, or made under, any enactment.

Vacancies.
27. (1) The Secretary of State may by order make provision for the filling of vacancies occurring in the Assembly's membership.
(2) Such provision may be made by reference to by-elections or substitutes or such other method of filling vacancies as the Secretary of State thinks fit.
(3) If a seat becomes vacant, the Presiding Officer shall as soon as reasonably practicable inform the Chief Electoral Officer for Northern Ireland.
(4) An order under subsection (1) may apply (with or without modifications) any provision of, or made under, any enactment.

Disqualification
Disqualification.
28. (1) The Northern Ireland Assembly Disqualification Act 1975 shall have effect as if any reference to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 were a reference to the Assembly.
(2) No recommendation shall be made to Her Majesty to make an Order in Council under section 3(1) of the Northern Ireland Assembly Disqualification Act 1975 (power to amend Schedule 1) without the consent of the Secretary of State.
(3) A person who is Her Majesty's Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland is disqualified for membership of the Assembly for a constituency comprising the whole or part of the county or county borough.
(4) A person is disqualified for membership of the Assembly if he is disqualified for membership of the House of Commons otherwise than under the House of Commons Disqualification Act 1975.
(5) A person is not disqualified for membership of the Assembly by virtue of subsection (1) by reason only that he is a member of the Seanad Eireann (Senate of Ireland).
(6) A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is a peer (other than a Lord of Appeal in Ordinary).
(7) A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is disqualified under section 3 of the Act of Settlement (certain persons born out of the Kingdom) if he is a citizen of the European Union.

Effect of disqualification and provision for relief.
29. (1) Subject to any order made by the Assembly under this section-
(a) if any person disqualified by virtue of section 28 is returned as a member of the Assembly, his return shall be void; and
(b) if any person being a member of the Assembly becomes disqualified by virtue of that section, his seat shall be vacated.
(2) If, in a case which falls or is alleged to fall within subsection (1) otherwise than by virtue of section 28(4), it appears to the Assembly-
(a) that the grounds of disqualification or alleged disqualification which subsisted or arose at the material time have been removed; and
(b) that it is otherwise proper so to do,
the Assembly may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section.
(3) No order under subsection (2) shall affect the proceedings on any election petition or any determination of an election court.

Disqualification: judicial proceedings.
30. (1) Any person who claims that a person purporting to be a member of the Assembly-
(a) is disqualified; or
(b) was disqualified when, or at any time since, he was returned,
may apply to the High Court of Justice in Northern Ireland for a declaration to that effect.
(2) On an application-
(a) the person in respect of whom the application is made shall be the respondent;
(b) the applicant shall give such security for costs, not exceeding £5,000, as the court may direct; and
(c) the decision of the court shall be final.
(3) A declaration made in accordance with this section shall be certified in writing to the Secretary of State by the court.
(4) No such declaration shall be made in respect of a person on any grounds if an order has been made by the Assembly under subsection (2) of section 29 directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.
(5) No declaration shall be made in respect of any person on grounds which subsisted when he was elected if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue.
(6) The Secretary of State may by order substitute for the amount specified in subsection (2)(b) such other amount as may be specified in the order.

Presiding Officer and Commission
Presiding Officer.
31. (1) Each Assembly shall as its first business elect from among its members a Presiding Officer and deputies.
(2) A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless-
(a) he previously resigns;
(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
(c) he is removed from office by resolution of the Assembly.
(3) If the Presiding Officer or a deputy ceases to hold office before the Assembly is dissolved, the Assembly shall elect another from among its members to fill his place.
(4) The Presiding Officer's functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.
(5) The Presiding Officer may (subject to standing orders) authorise a deputy to exercise functions on his behalf.
(6) Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Assembly.
(7) A person shall not be elected under subsection (1) or (3), or removed from office by resolution of the Assembly, without cross-community support.

Commission.
32. (1) There shall be a body corporate, to be known as the Northern Ireland Assembly Commission ("the Commission"), to perform-
(a) the statutory functions conferred on the Commission; and
(b) any functions conferred on the Commission by resolution of the Assembly.
(2) The members of the Commission shall be-
(a) the Presiding Officer; and
(b) the prescribed number of members of the Assembly appointed in accordance with standing orders.
(3) In subsection (2) "the prescribed number" means 5 or such other number as may be prescribed by standing orders.
(4) The Commission shall provide the Assembly, or ensure that the Assembly is provided, with the property, staff and services required for the Assembly's purposes.
(5) The Assembly may give special or general directions to the Commission for the purpose of or in connection with the exercise of the Commission's functions.
(6) Proceedings by or against the Assembly shall be instituted by or against the Commission on behalf of the Assembly.
(7) Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the Commission to which (apart from this subsection) the Assembly would be entitled or subject shall be treated for all purposes as property or liabilities of the Commission.
(8) Any expenses of the Commission shall be defrayed out of money appropriated by Act of the Assembly.
(9) Any sums received by the Commission shall be paid into the Consolidated Fund of Northern Ireland, subject to any provision made by Act of the Assembly for the disposal of or accounting for such sums.
(10) Schedule 6 (which makes further provision about the Commission) shall have effect.

Proceedings etc.
Standing orders.
33. (1) The proceedings of the Assembly shall be regulated by standing orders.
(2) Standing orders shall not be made without cross-community support.
(3) Schedule 7 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect.

Petitions of concern.
34. (1) If 30 members petition the Assembly expressing their concern about a matter which is to be voted on by the Assembly, the vote on that matter shall require cross-community support.
(2) Standing orders shall make provision with respect to the procedure to be followed in petitioning the Assembly under this section, including provision with respect to the period of notice required.

Members' interests.
35. (1) Standing orders shall include provision for a register of interests of members of the Assembly, and for-
(a) registrable interests (as defined in standing orders) to be registered in it; and
(b) the register to be published and made available for public inspection.
(2) Standing orders shall include provision requiring that any member of the Assembly who has-
(a) a financial interest (as defined in standing orders) in any matter; or
(b) any other interest, or an interest of any other kind, specified in standing orders in any matter,
declares that interest before taking part in any proceedings of the Assembly relating to that matter.
(3) Standing orders made in pursuance of subsection (1) or (2) may include provision for preventing or restricting the participation in proceedings of the Assembly of a member with a registrable interest, or an interest mentioned in subsection (2), in a matter to which the proceedings relate.
(4) Standing orders shall include provision prohibiting a member of the Assembly from-
(a) advocating or initiating any cause or matter on behalf of any person, by any means specified in standing orders, in consideration of any payment or benefit in kind of a description so specified; or
(b) urging, in consideration of any such payment or benefit in kind, any other member of the Assembly to advocate or initiate any cause or matter on behalf of any person by any such means.
(5) Standing orders may include provision-
(a) for excluding from proceedings of the Assembly any member who fails to comply with, or contravenes, any provision made in pursuance of subsections (1) to (4); and
(b) for withdrawing his rights and privileges as a member for the period of his exclusion.
(6) Any member of the Assembly who-
(a) takes part in any proceedings of the Assembly without having complied with, or in contravention of, any provision made in pursuance of subsections (1) to (3); or
(b) contravenes any provision made in pursuance of subsection (4),
is guilty of an offence.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(8) Proceedings for an offence under subsection (6) shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.

Power to call for witnesses and documents.

36. (1) The Assembly may require any person-
(a) to attend its proceedings for the purpose of giving evidence; or
(b) to produce documents in his custody or under his control,
relating to any of the matters mentioned in subsection (2).
(2) Those matters are-
(a) transferred matters concerning Northern Ireland;
(b) other matters in relation to which statutory functions are exercisable by Ministers or the Northern Ireland departments.
(3) The power in subsection (1) is exercisable in relation to a person outside Northern Ireland only in connection with the discharge by him of functions relating to matters within subsection (2).
(4) That power is not exercisable in relation to a Minister of the Crown, or a person in Crown employment within the meaning of Article 236 of the Employment Rights (Northern Ireland) Order 1996-
(a) in connection with the discharge of functions which relate to matters within subsection (2) and which are not functions exercisable in or as regards Northern Ireland by a Minister of the Crown as well as by the Northern Ireland Ministers; or
(b) in connection with the discharge of any functions prior to the appointed day.
(5) That power is not exercisable in relation to-
(a) a person discharging functions of any body whose functions relate to reserved matters, in connection with the discharge by him of those functions;
(b) a judge of any court or a member of any tribunal which exercises the judicial power of the State.
(6) That power may be exercised by a committee of the Assembly only if the committee is expressly authorised to do so by standing orders.
(7) The Presiding Officer shall give the person in question notice in writing specifying-
(a) the time and place at which the person is to attend and the particular matters relating to which he is required to give evidence; or
(b) the documents, or types of documents, which he is to produce, the date by which he is to produce them and the particular matters to which they are to relate.
(8) Such notice shall be given-
(a) in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to him at his usual or last known address or, where he has given an address for service, at that address;
(b) in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person's registered or principal office.
(9) A person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in Northern Ireland.
(10) In this section "Minister" means the First Minister, the deputy First Minister or a Northern Ireland Minister.

Witnesses and documents: offences.
37. (1) Subject to subsection (9) of section 36, any person to whom a notice under subsection (7) of that section has been given who-
(a) refuses or fails to attend proceedings as required by the notice;
(b) refuses or fails, when attending proceedings as required by the notice, to answer any question relating to the matters specified in the notice;
(c) deliberately alters, suppresses, conceals or destroys any document which he is required to produce by the notice; or
(d) refuses or fails to produce any such document,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.
(2) It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure.
(3) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
(a) a director, manager, secretary or other similar officer of the body corporate; or
(b) any person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.
(4) Proceedings for an offence under this section shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.

Remuneration and pensions
Remuneration of members.
38. (1) The Assembly shall pay to members of the Assembly such salaries as the Assembly may from time to time determine.
(2) The Assembly may pay to members of the Assembly such allowances as the Assembly may from time to time determine.
(3) A determination under this section may provide-
(a) for higher salaries to be payable to members of the Assembly-
(i) holding a Ministerial office;
(ii) holding office as Presiding Officer or deputy; or
(iii) holding an office specified in standing orders; and
(b) for different salaries to be payable to members of the Assembly holding different such offices.
(4) A determination under this section shall provide that, if a salary is payable to a member of the Assembly as a member of either House of Parliament or of the European Parliament, his salary as a member of the Assembly shall be reduced-
(a) to a proportion of what it would otherwise be or to a particular amount; or
(b) by the amount of the other salary payable to him, by a proportion of that amount or by some other amount.
(5) A determination under this section may provide for different allowances for different cases.
(6) A determination under this section may provide for salaries or allowances to change from time to time by reference to other amounts or specified formulas.
(7) The Assembly may not delegate the function of making a determination under this section.
(8) Standing orders must include provision for the publication of every determination under this section.
(9) For the purposes of this section-
(a) a person's membership of the Assembly begins on the day on which he takes his seat in accordance with standing orders; and
(b) a person's holding of such an office as is mentioned in subsection (3) (a) begins on the day on which he takes up office.
(9) In this section "Ministerial office" means office as the First Minister, the deputy First Minister or a Northern Ireland Minister.
(10) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

Pensions of members.
39. (1) The Assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who-
(a) has ceased to be a member of the Assembly; or
(b) has ceased to hold such an office as is mentioned in section 38(3)(a) but continues to be a member of the Assembly.
(2) Such provision may, in particular, include provision for-
(a) contributions or payments towards provision for such pensions, gratuities or allowances;
(b) the establishment and administration (whether by the Commission or otherwise) of one or more pension schemes.
(3) In this section-
"the Commission" means the Northern Ireland Assembly Commission;
"provision" includes provision-
(a) by an Act of the Assembly; or
(b) by a resolution of the Assembly conferring functions on the Commission.
(4) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

Miscellaneous
Letters Patent etc.
40. (1) Her Majesty may by Order in Council make provision as to-
(a) the form and manner of preparation; and
(b) the publication,
of Letters Patent signed with Her Majesty's own hand signifying Her Assent to a Bill passed by the Assembly.
(2) If the First Minister and the deputy First Minister acting jointly so direct, impressions with the same device as the Great Seal of Northern Ireland shall be taken in such manner, of such size and on such material as is specified in the direction.
(3) Each such impression-
(a) shall be known as a Wafer Great Seal of Northern Ireland; and
(b) shall be kept in accordance with directions of the First Minister and the deputy First Minister acting jointly.
(4) If a Wafer Great Seal of Northern Ireland has been applied to Letters Patent mentioned in subsection (1), the document has the same validity as if it had passed under the Great Seal of Northern Ireland.

Privilege.
41. (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) A person is not guilty of contempt of court under the strict liability rule as the publisher of any matter-
(a) in the course of proceedings of the Assembly which relate to a Bill or subordinate legislation; or
(b) to the extent that it consists of a report of such proceedings.
(3) In this section-
"statement" has the same meaning as in the Defamation Act 1996;
"the strict liability rule" has the same meaning as in the Contempt of Court Act 1981.

Resignation of members.
42. A member of the Assembly may at any time resign his seat by notice in writing to the Presiding Officer.

Prorogation.
43. (1) Her Majesty may by Order in Council prorogue or further prorogue the Assembly.
(2) Except in the case of an Order in Council-
(a) proroguing the Assembly for a period of four months or less; and
(b) not extending a previous period of prorogation,
no recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been approved by resolution of each House of Parliament.
(3) An Order in Council under this section proroguing the Assembly shall specify the period of prorogation and the Assembly shall meet at the expiration of that period; but this is-
(a) without prejudice to the power of Her Majesty to recall it earlier; and
(b) subject to any further prorogation or any dissolution by or under section 24 before the expiration of that period.


PART V
FINANCIAL PROVISIONS
Consolidated Fund
Consolidated Fund of Northern Ireland.
44. (1) The Consolidated Fund of Northern Ireland shall continue to exist.
(2) Sums forming part of the Fund-
(a) shall be appropriated to the public service of Northern Ireland by Act of the Assembly; and
(b) shall not be applied for any purpose for which they are not appropriated.
(3) Subsection (2) is subject to any provision which charges sums on the Fund and is made-
(a) by or under an Act of Parliament; or
(b) by Northern Ireland legislation.

Payments into the Fund: taxes.
45. (1) Subject to subsection (4), in respect of each financial year a sum equal to the Northern Ireland share of United Kingdom taxes shall be charged on and paid out of the Consolidated Fund of the United Kingdom into the Consolidated Fund of Northern Ireland.
(2) The Northern Ireland share of United Kingdom taxes in respect of each financial year shall be an amount, determined by the Treasury, representing the proceeds for that year of the taxes payable into the Consolidated Fund of the United Kingdom which are properly attributable to Northern Ireland after deducting the cost of collection and other appropriate costs.
(3) The Treasury may make regulations with respect to the method by which, for the purposes of subsection (2), proceeds and costs are to be attributed to Northern Ireland.
(4) The Treasury may by order specify a sum, to be deducted from the sum which would be payable under subsection (1) in respect of a financial year, as a contribution towards expenses which-
(a) fall on the Consolidated Fund of the United Kingdom in respect of that year; and
(b) relate to excepted or reserved matters.
(5) Sums payable under subsection (1) shall be paid at such times and in such manner as the Treasury may determine; and payments may be made on account.

Payments into the Fund: Secretary of State.
46. The Secretary of State may from time to time make payments into the Consolidated Fund of Northern Ireland out of money provided by Parliament.
Payments out of Fund without appropriation Act.
47. (1) If an Act is not passed at least three days before the end of a financial year ("year 1") authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the next financial year ("year 2")-
(a) the authorised officer of the Department of Finance and Personnel may authorise the issue out of that Fund for the service of year 2 sums not exceeding 75 per cent of the total amount appropriated by Act of the Assembly for the service of year 1; and
(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.
(2) If an Act is not passed before the end of July in any financial year authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the year-
(a) the authorised officer of the Department of Finance and Personnel may authorise the issue out of that Fund for the service of the year sums not exceeding 95 per cent of the total amount appropriated by Act of the Assembly for the service of the preceding financial year; and
(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.
(3) In this section "authorised officer", in relation to the Department of Finance and Personnel, means the Permanent Secretary or such other officer as may be nominated by him for the purpose.

Advances
Advances by Secretary of State.
48. (1) The Secretary of State may advance to the Department of Finance and Personnel sums required for the purpose of-
(a) meeting a temporary excess of sums to be paid out of the Consolidated Fund of Northern Ireland over sums paid into the Fund; or
(b) providing a working balance in the Fund.
(2) The Treasury may issue to the Secretary of State out of the National Loans Fund any sum which he requires for the making of an advance under this section.
(3) The aggregate at any time outstanding in respect of the principal of sums advanced under this section shall not exceed £250 million.
(4) Sums advanced under this section shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may determine.
(5) Sums received by the Secretary of State under subsection (4) shall be paid into the National Loans Fund.
(6) Amounts required for the repayment of, or the payment of interest on, sums advanced under this section shall be charged on the Consolidated Fund of Northern Ireland.
(7) The Secretary of State may by order, with the consent of the Treasury, substitute for the amount specified in subsection (3) such increased amount as may be specified in the order.

Accounts.
49. (1) The Secretary of State shall, for each financial year-
(a) prepare, in such form and manner as the Treasury may direct, an account of sums paid and received by him under section 48; and
(b) send the account to the Comptroller and Auditor General not later than the end of November in the following financial year.
(2) The Comptroller and Auditor General shall-
(a) examine, certify and report on the account; and
(b) lay copies of it and his report before each House of Parliament.

Miscellaneous
Financial acts of the Assembly.
50. (1) The Assembly may not pass a vote, resolution or Act to which this subsection applies except in pursuance of a recommendation which-
(a) is made by the Minister of Finance and Personnel; and
(b) is signified to the Assembly by him or on his behalf.
(2) Subsection (1) applies to a vote, resolution or Act which-
(a) imposes or increases a charge on the Consolidated Fund of Northern Ireland;
(b) appropriates a sum out of that Fund or increases a sum to be appropriated;
(c) releases or compounds a debt owed to the Crown; or
(d) imposes or increases a tax.
(3) Standing orders shall provide that a vote, resolution or Act which-
(a) appropriates a sum out of the Consolidated Fund of Northern Ireland or increases a sum to be appropriated; or
(b) imposes or increases a tax,
shall not be passed without cross-community support.

Draft budgets.
51. (1) The Minister of Finance and Personnel shall, on or before the first working day after 9th December in each year, lay before the Assembly a draft budget, that is to say, programme of expenditure proposals for the next financial year which has been agreed by the Executive Committee in accordance with paragraph 20 of Strand One of the Belfast Agreement.
(2) The Assembly may, with cross-community support, approve a draft budget laid before them with or without modification.

Audit.
52. (1) The Comptroller and Auditor-General for Northern Ireland shall be appointed by Her Majesty.
(2) The accounts of the Consolidated Fund of Northern Ireland shall be audited by the Comptroller and Auditor-General for Northern Ireland in accordance with the Exchequer and Audit Act (Northern Ireland) 1921.
(3) Subsection (2) is subject to any provision of Northern Ireland legislation.

Provision of information to Treasury.
53. Where it appears to the Treasury that any information in the possession or under the control of the Assembly is required for the exercise of any function by the Treasury, the Treasury may require the Assembly to provide the information to the Treasury in such form as the Treasury may specify.


PART VI
HUMAN RIGHTS AND EQUAL OPPORTUNITIES

Human rights
The Northern Ireland Human Rights Commission.
54. (1) There shall be a body corporate to be known as the Northern Ireland Human Rights Commission.
(2) The Commission shall consist of a Chief Commissioner and other Commissioners appointed by the Secretary of State.
(3) In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.
(4) Schedule 8 (which makes supplementary provision about the Commission) shall have effect.

The Commission's functions.
55. (1) The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights.
(2) The Commission shall advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to protect human rights-
(a) as soon as reasonably practicable after receipt of a general or specific request for advice; and
(b) on such other occasions as the Commission think appropriate.
(3) The Commission shall advise the Assembly whether a Bill is compatible with human rights-
(a) as soon as reasonably practicable after receipt of a request for advice; and
(b) on such other occasions as the Commission think appropriate.
(4) The Commission may give assistance to individuals in accordance with section 56.
(5) The Commission shall promote understanding and awareness in Northern Ireland of the importance of human rights; and for this purpose they may undertake, commission or provide financial or other assistance for-
(a) research; and
(b) educational activities.
(6) The Secretary of State shall request the Commission to provide advice of the kind referred to in paragraph 4 of the Human Rights section of the Belfast Agreement.
(7) The Commission shall do all that they can to facilitate the establishment of the committee referred to in paragraph 10 of that section of that Agreement.
(8) In this section-
(a) a reference to the Assembly includes a reference to a committee of the Assembly;
(b) "human rights" includes the Convention rights.

Assistance to individuals.
56. (1) This section applies to proceedings-
(a) which an individual in Northern Ireland has commenced, or wishes to commence, under the Human Rights Act 1998; or
(b) in the course of which an individual relies, or wishes to rely, on section 7(1)(b) of that Act.
(2) Where the individual applies to the Northern Ireland Human Rights Commission for assistance in relation to proceedings to which this section applies, the Commission may grant the application on any of the following grounds-
(a) that the case raises a question of principle;
(b) that it would be unreasonable to expect the individual to deal with the case without assistance because of its complexity, or because of the individual's position in relation to another person involved, or for some other reason;
(c) that there are other special circumstances which make it appropriate for the Commission to provide assistance.
(3) Where the Commission grants an application under subsection (2) they may-
(a) provide, or arrange for the provision of, legal advice;
(b) arrange for the provision of legal representation;
(c) provide any other assistance which they think appropriate.
(4) Arrangements made by the Commission for the provision of assistance to an individual may include provision for recovery of expenses from the individual in certain circumstances.

Restrictions on application of rights.
57. (1) Nothing in section 6(2)(d) or 19(1) shall enable a person-
(a) to bring any proceedings in a court or tribunal; or
(b) to rely on any of the Convention rights in any such proceedings,
in respect of an act unless he would be the victim for the purposes of article 34 of the Convention if proceedings in respect of the act were brought in the European Court of Human Rights.
(2) Subsection (1) does not apply to the Attorney General, the Attorney General for Northern Ireland or the Lord Advocate.
(3) Sections 6(2)(d) and 19(1)-
(a) do not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, is not unlawful under subsection (1) of that section; and
(b) do not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection.
(4) In this section "the Convention" has the same meaning as in the Human Rights Act 1998.

Standing Advisory Commission on Human Rights: dissolution.
58. (1) The Standing Advisory Commission on Human Rights is hereby dissolved.
(2) The Secretary of State may by order make such supplemental, incidental or consequential provision as appears to him to be appropriate as a result of subsection (1).
(3) In particular, an order may include provision-
(a) amending an enactment;
(b) for the transfer of rights and liabilities;
(c) for payments into the Consolidated Fund or to a specified person.

Equal opportunities
The Equality Commission for Northern Ireland.
59. (1) There shall be a body corporate to be known as the Equality Commission for Northern Ireland.
(2) The Commission shall consist of not less than 14 nor more than 20 members appointed by the Secretary of State.
(3) The Secretary of State shall appoint-
(a) one member as chairman; and
(b) at least one member as deputy chairman.
(4) In making appointments under this section, the Secretary of State shall have regard to the desirability of the Commission's members, as a group, being representative of the community in Northern Ireland.
(5) Schedule 9 (which makes supplementary provision about the Commission) shall have effect.

The Commission's principal functions.
60. (1) The functions exercisable by the bodies listed in subsection (2) shall instead be exercisable by the Equality Commission; and the bodies listed are hereby dissolved.
(2) Those bodies are-
(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.
(3) The functions exercisable by the Northern Ireland Disability Council shall instead be exercisable by the Equality Commission.
(4) The Secretary of State may by order make such supplemental, incidental or consequential provision as appears to him to be appropriate as a result of subsections (1) to (3).
(4) In particular, an order may include provision-
(a) amending an enactment;
(b) for the transfer of rights and liabilities;
(c) for payments into the Consolidated Fund or to a specified person.
Statutory duty on public authorities.
61. (1) A public authority in Northern Ireland shall in carrying out its functions have due regard to the need to promote equality of opportunity-
(a) between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;
(b) between men and women generally;
(c) between persons with a disability and persons without; and
(d) between persons with dependants and persons without.
(2) A public authority in Northern Ireland shall in carrying out its functions have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.
(3) In this section "public authority" means-
(a) the First Minister and the deputy First Minister;
(b) a Northern Ireland Minister;
(c) a Northern Ireland department;
(d) any body listed in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation);
(e) any other person designated for the purposes of this section by order made by the Secretary of State.
(4) Schedule 10 (which makes provision for the enforcement of the duties under this section) shall have effect.
(5) In this section-
"disability" has the same meaning as in the Disability Discrimination Act 1995; and
"racial group" has the same meaning as in the Race Relations (Northern Ireland) Order 1997.

Discrimination by public authorities.
62. (1) It shall be unlawful for a public authority discharging functions relating to Northern Ireland to discriminate, or to aid or incite another person to discriminate, against a person or class of person on the ground of religious belief or political opinion.
(2) An act which contravenes this section is actionable in Northern Ireland at the instance of any person adversely affected by it; and the court may-
(a) grant damages;
(b) subject to subsection (3), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.
(3) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (2) only if satisfied that the defendant-
(a) contravened this section on the occasion complained of and on more than one previous occasion; and
(b) is likely to contravene this section again unless restrained by an injunction.
(4) This section does not apply in relation to an act which is unlawful by virtue of an enactment other than a provision of this Act.
(5) The following are public authorities for the purposes of this section-
(a) a Minister of the Crown;
(b) the First Minister and the deputy First Minister;
(c) a Northern Ireland Minister;
(d) a Northern Ireland department;
(e) an authority or body listed in Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject to investigation);
(f) any body or authority listed in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) or in Schedule 2 to the Ombudsman (Northern Ireland) Order 1996 (authorities subject to investigation);
(g) the Police Authority for Northern Ireland, the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve;
(h) the Probation Board for Northern Ireland; and
(i) the Post Office.

Unlawful oaths etc.
63. (1) Subject to subsections (2) and (3), an authority or body to which this section applies may not require a person to take an oath or make a declaration as a condition of-
(a) being appointed to the authority or body;
(b) acting as a member of the authority or body; or
(c) serving with or being employed by that authority or body.
(2) Subsection (1) shall not prevent a person being required to take an oath, or make a declaration, which is expressly required or authorised-
(a) by the law in force immediately before this section comes into force; or
(b) by or under this Act or a subsequent Act of the Parliament of the United Kingdom or of the Assembly.
(3) Subsection (1) shall not prevent a person being required to make a declaration-
(a) of acceptance of office;
(b) that he is qualified to act, serve or be employed in a capacity; or
(c) that he is not disqualified from acting, serving or being employed in a capacity.
(4) This section applies to-
(a) the Assembly;
(b) The Northern Ireland Assembly Commission;
(c) any body listed in Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation);
(d) any authority listed in Schedule 2 to the Ombudsman (Northern Ireland) Order 1996 (authorities subject to investigation); and
(e) the Probation Board for Northern Ireland.
(5) Subsections (1) to (3) apply with the necessary modifications to
(a) the First Minister and the deputy First Minister;
(b) a Northern Ireland Minister; and
(c) a Northern Ireland department.
(6) An act which contravenes this section is actionable at the instance of any person adversely affected by it; and the court may-
(a) grant damages;
(b) subject to subsection (7), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section.
(7) Without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (6) only if satisfied that the defendant-
(a) contravened this section on the occasion complained of and on more than one previous occasion; and
(b) is likely to contravene this section again unless restrained by an injunction.
(8) In this section a reference to a declaration includes a reference to any kind of undertaking or affirmation, by whatever name.

Removal of restrictions on investigation into maladministration.
64. (1) The provisions mentioned in subsection (2) (which preclude an investigation when the person aggrieved has or had a remedy by way of proceedings in a court of law) shall not apply to an investigation of a complaint alleging maladministration involving-
(a) discrimination on the ground of religious belief or political opinion; or
(b) a requirement in contravention of section 63 to take an oath or make a declaration (within the meaning of that section).
(2) The provisions are-
(a) section 5(2)(b) of the Parliamentary Commissioner Act 1967;
(b) Article 9(3)(b) of the Commissioner for Complaints (Northern Ireland) Order 1996; and
(c) Article 10(3)(b) of the Ombudsman (Northern Ireland) Order 1996.


PART VII
MISCELLANEOUS
Bodies established under Belfast Agreement
Consultation with consultative Civic Forum.
65. (1) The First Minister and deputy First Minister acting jointly shall make arrangements for obtaining from the Forum the views of the community on social, economic and cultural matters.
(2) The arrangements so made shall not take effect until after they have been approved by the Assembly.
(3) The Assembly shall defray the Forum's expenses and provide the Forum with, or ensure that the Forum is provided with, the property, staff and services required for the Forum's purposes.
(4) In this section "the Forum" means the consultative Civic Forum established in pursuance of paragraph 34 of Strand One of the Belfast Agreement.
(5) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

Participation in NSMC and BIC.
66. (1) The First Minister and the deputy First Minister acting jointly shall ensure that there is-
(a) such participation in the North-South Ministerial Council as appears to them to be required by Strand Two of the Belfast Agreement; and
(b) such participation in the British-Irish Council as appears to them to be required by Strand Three of that Agreement.
(2) In this section "participation" means participation by Northern Ireland Ministers and includes, in relation to either Council-
(a) consulting with the other member or members of the Council; and
(b). entering into agreements or arrangements with the other member or members of the Council in respect of transferred matters

Attendance at BIIC meetings.
67. (1) This section applies where the Government of the United Kingdom and the Government of Ireland inform the First Minister and the deputy First Minister that excepted or reserved matters relating to Northern Ireland are to be discussed at a meeting of the British-Irish Intergovernmental Conference.
(2) Those Ministers acting jointly shall secure that there is such attendance at the meeting as appears to them to be required by Strand Three of the Belfast Agreement.
(3) In this section "attendance" means attendance by Northern Ireland Ministers.

Recognition etc. of implementation bodies.
68. (1) The Secretary of State may make an order about any body which he considers is established for the purpose referred to in paragraph 9(ii) of Strand Two of the Belfast Agreement.
(2) An order under this section may-
(a) confer on the body the legal capacities of a body corporate;
(b) confer on the body any function which the Secretary of State considers necessary or expedient for the purpose referred to in that paragraph;
(c) make consequential or supplementary provisions, including provisions amending or repealing any Northern Ireland legislation.
(3) The Secretary of State may out of money provided by Parliament make grants to any body about which he makes an order under this section.
(4) Where the Secretary of State has made or proposes to make grants under subsection (3), an order under this section may make provision corresponding to paragraph 7 of Schedule 8.
(5) Before revoking an order under this section, the Secretary of State shall have regard to whether the Assembly has by Act made provision corresponding to that made by the order.

Judicial scrutiny
Devolution issues.
69. Schedule 11 (which makes provision in relation to devolution issues) shall have effect.

Powers of courts or tribunals to vary retrospective decisions.
70. (1) This section applies where any court or tribunal decides that-
(a) any provision of an Act of the Assembly is not within the legislative competence of the Assembly; or
(b) a Minister or Northern Ireland department does not have the power to make, confirm or approve a provision of subordinate legislation that he or it has purported to make, confirm or approve.
(2) The court or tribunal may make an order-
(a) removing or limiting any retrospective effect of the decision; or
(b) suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.
(3) In deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected.
(4) Where a court or tribunal is considering whether to make an order under this section, it shall order notice of that fact to be given to the Attorney General for Northern Ireland unless he is a party to the proceedings or has been given notice under Schedule 11 of any devolution issue which has arisen in the proceedings.
(5) Where the Attorney General is given notice under subsection (4), he may take part as a party in the proceedings so far as they relate to the making of the order.
(6) Paragraphs 36 and 37 of Schedule 11 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that Schedule.
(7) In this section "Minister" means the First Minister, the deputy First Minister or a Northern Ireland Minister.

The Judicial Committee.
71. (1) Any decision of the Judicial Committee in proceedings under this Act shall be stated in open court and shall be binding in all legal proceedings (other than proceedings before the Committee).
(2) No member of the Judicial Committee shall sit and act as a member of the Committee in proceedings under this Act unless he holds or has held-
(a) the office of a Lord of Appeal in Ordinary; or
(b) high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887).
(3) Her Majesty may by Order in Council-
(a) confer on the Judicial Committee in relation to proceedings under this Act such powers as Her Majesty considers necessary or expedient;
(b) apply the Judicial Committee Act 1833 in relation to proceedings under this Act with exceptions or modifications;
(c) make rules for regulating the procedure in relation to proceedings under this Act before the Judicial Committee.
(4) In this section "proceedings under this Act" means proceedings on a question referred to the Judicial Committee under section 10 or proceedings under Schedule 11.

Power to make provision by Order in Council
Provision with respect to certain matters relating to Northern Ireland.
72. (1) Her Majesty may by Order in Council make provision with respect to the following matters-
(a) elections (but not the franchise) and boundaries in respect of district councils in Northern Ireland;
(b) any reserved matter.
(2) Her Majesty may by Order in Council make such amendments of the law of any part of the United Kingdom as appear to Her Majesty to be necessary or expedient in consequence of any provision made by or under-
(a) Northern Ireland legislation; or
(b) any Act of the Parliament of the United Kingdom passed before this Act in so far as the provision is part of the law of Northern Ireland.
(3) An Order in Council under subsection (1) or (2) may contain such consequential and supplemental provisions as appear to Her Majesty to be necessary or expedient.
(4) No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.
(5)Subsection (4) does not apply to an Order in Council which-
(a) is made under subsection (1)(b); and
(b) declares that it has been made to appear to Her Majesty that by reason of urgency the Order requires to be made without a draft having been approved as mentioned in subsection (4).
(6) Any such Order in Council as is mentioned in subsection (5)-
(a) shall be laid before Parliament after being made; and
(b) if at the end of the period of 40 days after the date on which it is made it has not been approved by resolution of each House, shall then cease to have effect (but without prejudice to anything previously done under it or to the making of a new Order).
(7) In reckoning the period mentioned in subsection (6), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(8) References to Acts of the Assembly in any enactment or instrument shall, so far as the context permits, be deemed to include references to Orders in Council under paragraph (b) of subsection (1).
(9) Orders in Council under that paragraph may be omitted from any annual edition of statutory instruments made by virtue of section 8 of the Statutory Instruments Act 1946.

Provision for purposes consequential on Act etc.
73. (1) Her Majesty may by Order in Council make such provision, including provision amending the law of any part of the United Kingdom, as appears to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, this Act or any Order under section 4.
(2) Provision may be made for transferring, with effect from any date specified in an Order under section 4, any functions which immediately before that date are exercisable by a United Kingdom authority or a new or existing Northern Ireland authority-
(a) in so far as they appear to Her Majesty to be concerned with a matter which on that date ceases to be a reserved matter, to a new or existing Northern Ireland authority;
(b) in so far as they appear to Her Majesty to be concerned with a matter which on that date becomes a reserved matter, to a United Kingdom authority.
(3) Provision may be made, to such extent as may appear to Her Majesty to be necessary or expedient in consequence of, or for giving full effect to, this Act or any Order under section 4-
(a) for transferring or apportioning any property, rights or liabilities;
(b) for substituting any authority for any other authority in any charter, contract or other document or in any legal proceedings;
(c) for any other transitional or consequential matter.
(4) No recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(5) In this section-
"existing Northern Ireland authority" means any of the Northern Ireland Executive authorities within the meaning of the Northern Ireland Constitution Act 1973 and the Comptroller and Auditor-General for Northern Ireland;
"new Northern Ireland authority" means the First Minister, the deputy First Minister, any of the Northern Ireland Ministers and any of the Northern Ireland departments;
"United Kingdom authority" means the Privy Council, any Minister of the Crown, the Treasury, the Defence Council, the Commissioners of Inland Revenue, the Commissioners of Customs and Excise and the Comptroller and Auditor General.

Miscellaneous
Assembly property.
74. (1) Subject to subsection (2), all property which immediately before the commencement of this section was held in trust or used-
(a) for the purposes of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973; or
(b) partly for those purposes and partly for other purposes,
shall on and after that commencement be applied for the purposes of the Assembly or such other purposes as the Department of the Environment may determine.
(2) The Secretary of State may require the Department to make available to him in any premises comprised in the property mentioned in subsection (1) (other than the Parliament Buildings at Stormont) such accommodation and facilities as he may specify.
(3) The Secretary of State shall in consideration of the use of any such accommodation and facilities make to the Department such payments out of money provided by Parliament as he and the Department may agree.
Land purchase annuities etc.
75. (1) Subject to subsection (2), land purchase annuities shall be collected by the Department of Agriculture and paid into the Consolidated Fund of Northern Ireland.
(2) A land purchase annuity may be extinguished by, or redeemed with the agreement of, the Department of Agriculture.
(3) The Irish Land Purchase Fund shall be wound up and the money standing to its credit shall be paid into the Consolidated Fund of the United Kingdom.
(4) In this section "land purchase annuities" means annuities for the repayment of advances made under any enactment relating to land purchase in Northern Ireland.


PART VIII
SUPPLEMENTAL
Savings for existing laws.
76. (1) Except so far as otherwise provided by or under this Act, nothing in this Act shall affect the continued operation in or in relation to Northern Ireland of any law in force at the passing or commencement of this Act, including in particular Orders in Council made under-
(a) section 69 or 70 of the Government of Ireland Act 1920;
(b) section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972;
(c) section 38 or 39 of the Northern Ireland Constitution Act 1973; or
(d) Schedule 1 to the Northern Ireland Act 1974.
(2) The laws continued by section 61 of the Government of Ireland Act 1920 shall continue to have effect to the extent provided for by that section (but with any modification necessary for adapting them to this Act).
(3) No law made by the Assembly shall have effect so as to prejudice or diminish the rights or privileges of any pensioned officer of a local authority under the provisions of the Local Government (Ireland) Acts 1898 to 1919.
4) No provision of this Act shall-
(a) affect the operation before the coming into force of that provision of any Northern Ireland legislation; or
(b) render unlawful anything required or authorised to be done by any Act of the Parliament of the United Kingdom, whenever passed.
(5) Schedule 12 (which provides for the construction of certain references in existing laws) shall have effect, but subject to any provision made by or under this Act or by any Act of the Assembly.

Orders and regulations.
77. (1) An order under section 15(3), 24(3) or (6), 30(6), 58(2) or 60(4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) An order under section 20 or 82(3) shall be made by statutory instrument.
(3) An order under section 26(4), 27(1), 61(3)(e) or 68 or Schedule 1-
(a) shall be made by statutory instrument; and
(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(4) Regulations under section 45(3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
(5) An order under section 45(4) or 48(7)-
(a) shall be made by statutory instrument; and
(b) shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

Financial provision.
78. Any expenditure of the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.
Interpretation.
79. (1) In this Act-
"the appointed day" has the meaning given by section 3(1);
"the Assembly" has the meaning given by section 4(5);
"the Belfast Agreement" means the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883;
"Community law" means-
(a) all rights, powers, liabilities, obligations and restrictions created or arising by or under the Community Treaties; and
(b) all remedies and procedures provided for by or under those Treaties;
"the Convention rights" has the same meaning as in the Human Rights Act 1998;
"cross-community support" has the meaning given by section 4(5);
"designated Nationalist" and "designated Unionist" have the meanings given by section 4(5);
"document" includes anything in which information is recorded in any form;
"functions" includes powers and duties, and "confer", in relation to functions, includes impose;
"enactment" includes any provision of, or of any instrument made under, Northern Ireland legislation;
"excepted matter" has the meaning given by section 4(1);
"international obligations" means any international obligations of the United Kingdom other than obligations-
(a) under Community law; or
(b) not to do acts incompatible with any of the Convention rights;
"Judicial Committee" means the Judicial Committee of the Privy Council;
"modify", in relation to an enactment, includes amend or repeal;
"Northern Ireland" includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland;
"Northern Ireland legislation" means-
(a) Acts of the Parliament of Ireland;
(b) Acts of the Parliament of Northern Ireland;
(c) Orders in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972;
(d) Measures of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973;
(e) Orders in Council under Schedule 1 to the Northern Ireland Act 1974;
(f) Acts of the Assembly; and
(g) Orders in Council under section 72(1)(b);
"the pledge of office" has the meaning given by section 14(9);
"political opinion" and "religious belief" shall be construed in accordance with section 57(2) and (3) of the Fair Employment (Northern Ireland) Act 1976;
"proceedings", in relation to the Assembly, includes proceedings of any committee;

"property" includes rights and interests of any description;
"reserved matter" has the meaning given by section 4(1);
"transferred matter" has the meaning given by section 4(1);
"subordinate legislation" has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Assembly.
(2) For the purposes of this Act, a provision of an Act of the Assembly discriminates against any person or class of persons if it treats that person or that class less favourably in any circumstances than other persons are treated in those circumstances by the law for the time being in force in Northern Ireland.
(3) For those purposes a person discriminates against another person or a class of persons if he treats that other person or that class less favourably in any circumstances than he treats or would treat other persons in those circumstances.
(4) No provision of an Act of the Assembly and no act done by any person shall be treated for the purposes of this Act as discriminating if the provision has the effect, or the act is done for the purpose, of safeguarding national security or protecting public safety or public order.
(5) 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 shall be conclusive evidence that it was done for that purpose.

Minor and consequential amendments.
80. The enactments mentioned in Schedule 13 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

Transitional provisions, savings and repeals.
81. (1) The transitional provisions and savings contained in Schedule 14 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
(2) The enactments specified in Schedule 15 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title and commencement.
82. (1) This Act may be cited as the Northern Ireland Act 1998.
(2) Sections 3 and 4 and this section shall come into force on the day on which this Act is passed.
(3) The remaining provisions of this Act (except Parts II and III) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.



SCHEDULES

SCHEDULE 1
Polls for the purposes of section 1
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.

SCHEDULE 2

Excepted matters
1. The Crown, including the succession to the Crown and a regency, but not-
(a) 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;
(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 treaties, the making of peace or war and neutrality, and connected matters but not-
(a) the surrender of fugitive offenders between Northern Ireland and Ireland;
(b) the exercise of legislative powers so far as required for giving effect to any agreement or arrangement made-
(i) in pursuance of section 66; or
(ii) by, or in relation to the activities of, any body which is the subject of an order under section 68;
(c) the exercise of legislative powers for any of the purposes mentioned in section 2(2)(a) or (b) of the European Communities Act 1972, or for purposes similar to those of any of sections 5 to 12 of, or any paragraph of Schedule 4 to, that Act.
4. The defence of the realm; the armed forces of the Crown but not any matter within paragraph 9 of Schedule 3 to this Act; the Ministry of Defence Police.
5. Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
6. Dignities and titles of honour.
7. Treason but not powers of arrest or criminal procedure.
8. Nationality; immigration; aliens as such.
9. Taxes under any law applying to the United Kingdom as a whole, existing Northern Ireland taxes and taxes substantially of the same character as any of those taxes.
In this paragraph "existing Northern Ireland taxes" means any of the following taxes levied in Northern Ireland before the appointed day, that is to say, inheritance tax, stamp duty, general betting duty, pool betting duty, duty on gaming machine licences and duty on licences in respect of mechanically-propelled vehicles.
10. The appointment and removal of judges of the Supreme Court of Judicature of Northern Ireland, county court judges, recorders, resident magistrates, justices of the peace, members of juvenile court panels, coroners, the Chief and other Social Security Commissioners for Northern Ireland, the Chief and other Child Support Commissioners for Northern Ireland and the President and other members of the Lands Tribunal for Northern Ireland.
11. The appointment and office of the Director and deputy Director of Public Prosecutions for Northern Ireland.
12. Elections, including the franchise, in respect of the Northern Ireland Assembly, the European Parliament and district councils; the registration of political parties.
13. Coinage, legal tender and bank notes.
14. The National Savings Bank.
15. 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.
16. Any matter for which provision is made by this Act or the Northern Ireland Consitution Act 1973, but not-
(a) matters in respect of which it is stated by this Act or that Act that provision may be made by Act of the Assembly; or
(b) matters specified in Schedule 3 to this Act;
and this paragraph shall not be taken to apply to any matter by reason only that provision is made in respect of it by an Order in Council under this Act or an order under section 68.

SCHEDULE 3

Reserved matters
1. Any such property as is mentioned in paragraph l(b) of Schedule 2 but not as respects any aerodrome or harbour.
2. Navigation, including merchant shipping, but not harbours or inland waters.
3. Civil aviation but not aerodromes.
4. 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.
5. Domicile.
6. Postal services, including the issue, transmission and payment of money and postal orders issued by the Post Office; designs for postage stamps.
7. Disqualification for membership of the Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 41.
8. The following matters-
(a)the criminal law, including the creation of offences and penalties;
(b) the prevention and detection of crime and powers of arrest and detention in connection with crime or criminal proceedings;
(c)prosecutions;
(d)the treatment of offenders (including children and young persons, and mental health patients, involved in crime);
(e)the surrender of fugitive offenders between Northern Ireland and Ireland;
(f)compensation out of public funds for victims of crime.
Sub-paragraph (d) includes, in particular, prisons and other institutions for the treatment or detention of persons mentioned in that sub-paragraph.
9. The maintenance of public order, including the conferring of powers, authorities, privileges or immunities for that purpose on constables, members of the armed forces of the Crown and other persons, but not any matter within paragraph 15 of Schedule 2.
10. The establishment, organisation and control of the Royal Ulster Constabulary and of any other police force (other than the Ministry of Defence Police); the Police Authority for Northern Ireland; traffic wardens.
11. Firearms and explosives.
12. Civil defence.
13. The Emergency Powers Act (Northern Ireland) 1926 or any enactment for similar purposes.
14. All matters, other than those specified in paragraph 10 of Schedule 2, relating to the Supreme Court of Judicature of Northern Ireland, county courts, courts of summary jurisdiction (including magistrates' courts and juvenile courts) and coroners, including procedure, evidence, appeals, juries, costs, legal aid and the registration, execution and enforcement of judgments and orders but not-
(a)bankruptcy, insolvency, the winding up of corporate and unincorporated bodies or the making of arrangements or compositions with creditors;
(b)the regulation of the profession of solicitors.
15. All matters (including procedure and appeals) relating to-
(a)the Chief and other Social Security Commissioners for Northern Ireland; or
(b)the Chief and other Child Support Commissioners for Northern Ireland,
but not any matter within paragraph 10 of Schedule 2.
16. 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.
17. The matters dealt with by the following provisions of the Pension 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).
18. Regulation of the following-
(a)building societies;
(b)banking;
(c)friendly societies and the other societies to which the Friendly Societies Act 1974 applies.
19. Regulation of the following-
(a)investment business, the official listing of securities and offers of unlisted securities;
(b)the transfer of securities;
(c)insider dealing.
20. The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.
21. Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
22. Trade marks, service marks and design, copyright, patent and topography rights.
23. Units of measurement and United Kingdom primary standards.
24. Telecommunications.
25. Wireless telegraphy, and the provision of programme services (within the meaning of the Broadcasting Act 1990).
26. The National Lottery (except in so far as any matter within Schedule 2 is concerned).
27. Xenotransplantation.
28. Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject-matter of that Act.
29. The subject-matter of the Human Fertilisation and Embryology Act 1990.
30. Human genetics.
31. Consumer safety.
32. The making and revision of plans under section 3(5) of the Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.
33. The subject-matter of-
(a)the Data Protection Act 1984; and
(b)Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and free movement of such data).
34. Nuclear installations.
35. Regulation of activities in outer space.
36. Oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 63(3).

SCHEDULE 4

Enactments protected from modification
European Communities Act 1972 (c.68)
1. The following provisions of the European Communities Act 1972 shall not be modified-
(a)section 1 and Schedule 1;
(b)section 2, other than subsection (2), the words following "such Community obligation" in subsection (3) and the words "subject to Schedule 2 to this Act" in subsection (4);
(c)section 3(1) and (2); and
(d)section 11(2).
Human Rights Act 1998
2. The Human Rights Act 1998 shall not be modified.
This Act
3. (1) Subject to sub-paragraphs (2) to (5), the provisions of this Act shall not be modified.
(2) Sub-paragraph (1) does not prevent an Act of the Assembly providing for rights or liabilities to which the Assembly is entitled or subject to be treated for any purposes as rights or liabilities of Northern Ireland Ministers.
(3) Sub-paragraph (1) does not prevent an Act of the Assembly modifying section 32(6) or (7), 35(7) or 36(8).
(4) Sub-paragraph (1) does not prevent an Act of the Assembly modifying any provision of this Act which-
(a) requires or authorises any sum to be paid out of the Consolidated Fund of Northern Ireland without further approval; or
(b)requires or authorises the payment of any sum into that Fund.
(5) Sub-paragraph (1) does not prevent an Act of the Assembly-
(a) establishing a new fund, in addition to the Consolidated Fund of Northern Ireland, out of which loans may be made by Northern Ireland Ministers or departments;
(b) making any amendments of Part V which are necessary or expedient for the purpose or in consequence of the establishment of the new fund.

SCHEDULE 5

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;
(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.

SCHEDULE 6
Northern Ireland Assembly Commission

Membership
1. A person appointed under standing orders made under section 32(2)(b) shall hold office until another member of the Assembly is appointed in his place, unless he previously resigns or ceases to be a member of the Assembly otherwise than by virtue of a dissolution.
Property
2. (1) The Commission may hold property.
(2) Subordinate legislation may provide-
(a)for the transfer to the Commission of any property to which this sub-paragraph applies;
(b)for the Commission to have such rights or interests in relation to any property to which this sub-paragraph applies as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise).
(3) Sub-paragraph (2) applies to any property belonging to a Northern Ireland department which appears to the person making the subordinate legislation to be property which is or may be required wholly or partly for the purposes of the Commission's functions.
(4) Subordinate legislation under sub-paragraph (2) in relation to any property may provide for the transfer to the Commission of any liabilities relating to the property to which a Northern Ireland department is subject and which subsist immediately before the subordinate legislation comes into force.

Staff
3. (1) The Commission may appoint staff.
(2) The persons appointed by the Commission are referred to in this Act as the staff of the Assembly.
(3) It is for the Commission to determine the terms and conditions of appointment of the staff of the Assembly, including arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of the staff of the Assembly.
(4) Accordingly, the Commission may-
(a) make contributions or payments towards provision for such pensions, gratuities or allowances;
(b) establish and administer one or more pension schemes.
(5) The power conferred by sub-paragraph (1) includes power to make arrangements for administrative, secretarial or other assistance to be provided for the Commission by officers of the civil service of Northern Ireland or the civil service; and the reference in sub-paragraph (2) to persons appointed by the Commisssion shall be construed accordingly.

Powers
4. (1) Subject to sub-paragraph (4), the Commission may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions.
(2) That includes, in particular-
(a)entering into contracts;
(b)investing sums not immediately required in relation to the discharge of its functions; and
(c)accepting gifts.
(3) 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.
(4) The Commission may borrow money only under sub-paragraph (3) and may borrow under that sub-paragraph only with the special or general approval of the Assembly.

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

Proceedings and business
6. (1) The validity of any proceedings 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
7. (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.

SCHEDULE 7

Standing orders: further provision
Preservation of order
1. (1) The standing orders shall include provision for preserving order in the proceedings of the Assembly, including provision for-
(a)preventing conduct which would constitute a criminal offence or contempt of court; and
(b)a sub judice rule.
(2) Such provision may provide for excluding a member of the Assembly from proceedings and for withdrawing his rights and privileges as a member for the period of his exclusion.

Proceedings to be in public
2. (1) The standing orders shall include provision requiring the proceedings of the Assembly to be held in public, except in such circumstances as the standing orders may provide.
(2) 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.

Crown interests
5. The standing orders shall include provision for ensuring that a Bill containing provisions which would, if the Bill were a Bill for an Act of Parliament, require the consent of Her Majesty shall not pass unless such consent has been signified to the Assembly.

SCHEDULE 8

The Northern Ireland Human Rights Commission
Introductory
1. In this Schedule "the Commission" means the Northern Ireland Human Rights Commission.

Commissioners' tenure
2. (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 or as Chief Commissioner by notice in writing to the Secretary of State.
(4) The Secretary of State may dismiss a person from his office as Commissioner or 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 Commission shall pay to or in respect of Commissioners-
(a)remuneration;
(b)allowances and fees; and
(c)sums for the provision of pensions,
in accordance with directions of the Secretary of State.

Staff
4. The Commission may employ staff subject to the approval of the Secretary of State as to-
(a)the number of persons employed; and
(b)the financial and other terms of their employment.

Annual report
5. (1) The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Secretary of State on the performance of their functions during the year.
(2) The Secretary of State shall lay a copy of the report before each House of Parliament.

Money
6. The Secretary of State may make grants to the Commission out of money provided by Parliament.
7. (1) The Commission shall keep proper accounts and financial records.
(2) The Commission shall-
(a)prepare a statement of accounts in respect of each financial year containing such information, and in such form, as the Secretary of State with the consent of the Treasury directs; and
(b)send a copy to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year as the Secretary of State directs.
(3) The Comptroller and Auditor General shall-
(a)examine, certify and report on the statement of accounts; and
(b)lay a copy of the statement of accounts and of his report before each House of Parliament.
(4) For the purposes of this paragraph-
(a)a financial year is a period of twelve months ending on 31st March; but
(b)the first financial year is the period beginning with the day on which section 54 comes into force and ending with the first 31st March which falls at least six months after that day.

Procedure
8. (1) In determining its own procedure the Commission may, in particular, make provision about-
(a) the discharge of its functions by committees (which may include non-Commissioners);
(b)a quorum for meetings of the Commission or a committee.
(2) The validity of any proceedings of the Commission or a committee shall not be affected by-
(a) a vacancy in the office of Chief Commissioner; or
(b) a defect in the appointment of a Commissioner.

Disqualification
9. In Part III of Schedule 1 to the House 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 Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate places 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.

SCHEDULE 9

The Equality Commission for Northern Ireland
Introductory
1. In this Schedule "the Commission" means the Equality Commission for Northern Ireland.

Members' tenure
2. (1) Subject to the provisions of this Schedule, a member of the Commission shall hold office in accordance with the terms of his appointment.
(2) A member shall not be appointed-
(a)in the case of the chairman, 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 member, as the chairman or as a deputy chairman by notice in writing to the Secretary of State.
(4) The Secretary of State may dismiss a person from his office of member, chairman or deputy chairman 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.

Members' salary etc.
3. The Department of Economic Development shall pay to or in respect of members of the Commission-
(a)remuneration;
(b)allowances and fees; and
(c)sums for the provision of pensions,
in accordance with directions of the Department of Finance and Personnel.

Staff
4. The Commission may employ staff subject to the approval of the Department of Economic Development and the Department of Finance and Personnel as to-
(a)the number of persons employed; and
(b)the financial and other terms of their employment.

Annual report
5. (1) The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Department of Economic Development on the performance of their functions during the year.
(2) The Department shall send a copy of the report to the Assembly.

Money
6. (1) Expenditure incurred by the Commission may be defrayed as expenses of the Department of Economic Development if authorised by that Department and the Department of Finance and Personnel.

(2) An authorisation for the purposes of this paragraph may be general or specific.
7. (1) The Commission shall keep accounts and financial records in a form approved by the Department of Economic Development.
(2) The Commission shall-
(a)prepare a statement of accounts in respect of each financial year containing such information, and in such form, as is directed by the Department of Economic Development with the consent of the Department of Finance and Personnel; and
(b)send a copy to the Department of Economic Development and to the Comptroller and Auditor-General for Northern Ireland within such period after the end of the financial year as the Department directs.
(3) The Commission's accounts shall be audited by auditors appointed by the Commission with the approval of the Department of Economic Development.
(4) The Comptroller and Auditor-General for Northern Ireland shall-
(a)examine, certify and report on the statement of accounts; and
(b)send a copy of the statement of accounts and of his report to the Department of Economic Development.
(5) The Department shall send a copy of the statement of accounts and the Comptroller and Auditor-General's report to the Assembly.
(6) For the purposes of this paragraph-
(a)a financial year is a period of twelve months ending on 31st March; but
(b)the first financial year is the period beginning with the day on which section 59 comes into force and ending with the first 31st March which falls at least six months after that day.

Procedure
8. (1) In determining its own procedure the Commission may, in particular, make provision about-
(a)the discharge of its functions by committees (which may include non-members);
(b)a quorum for meetings of the Commission or a committee.
(2) The validity of any proceedings of the Commission or a committee shall not be affected by-
(a)a vacancy in the office of chairman or deputy chairman; or
(b) a defect in the appointment of a member.

Disqualification
9. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert-
"Member of the Equality Commission for Northern Ireland".
10. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert-
"Member of the Equality Commission for Northern Ireland".

The Northern Ireland Commissioner for Complaints
11. In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) at the appropriate place insert-
"The Equality Commission for Northern Ireland".

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 10

Equality: enforcement of duties.
The Equality Commission
1. The Equality Commission for Northern Ireland shall-
(a)keep under review the effectiveness of the duties imposed by section 61;
(b) offer advice to public authorities and others in connection with those duties; and
(c)where it thinks appropriate, request a public authority to make a first or revised scheme showing how it proposes to fulfil those duties in relation to some or all of its functions.

Equality schemes
2. (1) A public authority shall respond to a request under paragraph 1 by submitting a scheme to the Commission as soon as reasonably practicable.
(2) A scheme shall state, in particular, the authority's arrangements-
(a)for assessing its compliance with the duties under section 61;
(b)for publishing the results of assessments;
(c)for consulting on matters to which a duty under section 61 is likely to be relevant (including details of persons to be consulted);
(d)for training staff;
(e)for ensuring, and assessing, public access 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.
3. Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission, representatives of persons likely to be affected by the scheme.
4. On receipt of a scheme the Commission shall-
(a) approve it; or
(b) refer it to the Secretary of State.
5. (1) Where a scheme is referred to the Secretary of State he shall-
(a)approve it;
(b)request the public authority to make a revised scheme; or
(c)make a scheme for the public authority.
(2) A request under sub-paragraph (1)(b) shall be treated in the same way as a request under paragraph 1(c).
6. (1) If a public authority wishes to revise a scheme it may submit a revised scheme to the Commission.
(2) A revised scheme shall be treated as if it were submitted in response to a request under subsection 1(c).

Complaints
7. (1) If the Commission receives a complaint made in accordance with this paragraph of failure by a public authority to comply with a scheme approved or made under paragraph 4 or 5, it shall-
(a)investigate the complaint; or
(b)give the complainant reasons for not investigating.
(2) A complaint must be made in writing by a person who claims to have been directly affected by the failure.
(3) A complaint must be sent to the Commission during the period of 12 months starting with the day on which the complainant first knew of the matters alleged.
(4) Before making a complaint the complainant must-
(a)bring the complaint to the notice of the public authority; and
(b)give the public authority a reasonable opportunity to respond.

Investigations
8(1) This paragraph applies to-
(a)investigations required by paragraph 7; and
(b)any other investigation carried out by the Commission where it believes that a public authority may have failed to comply with a scheme approved or made under paragraph 4 or 5.
(2) The Commission shall send a report of the investigation to-
(a)the public authority concerned;
(b) the Secretary of State; and
(c)the complainant (if any).
(3) If a report recommends action by the public authority concerned and the Commission considers that the action is not taken within a reasonable time-
(a)the Commission may refer the matter to the Secretary of State; and
(b)the Secretary of State may give directions to the public authority in respect of any matter referred to him.

CAIN contains information and source material on the conflict and politics in Northern Ireland.
CAIN is based within Ulster University.
go to the top of this page go to the top of this page
Last modified :