Northern Ireland Act 1998 (c. 47)

(The document as of February, 2008)

-- Back --

Page 3

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

(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 5 (which makes further provision about the Commission) shall have effect.

Proceedings etc.

41 Standing orders

(1) The proceedings of the Assembly shall be regulated by standing orders.

(2) Standing orders shall not be made, amended or repealed without cross-community support.

(3) Schedule 6 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect.

42 Petitions of concern

(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.

(3) Standing orders shall provide that the matter to which a petition under this section relates may be referred, in accordance with paragraphs 11 and 13 of Strand One of the Belfast Agreement, to the committee established under section 13(3)(a).

43 Members' interests

(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.

44 Power to call for witnesses and documents

(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 person who is or has been a Minister of the Crown, or a person who is or has been in Crown employment within the meaning of Article 236 of the [S.I. 1996/1919 (N.I.16).] Employment Rights (Northern Ireland) Order 1996, 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 excepted matters, in connection with the discharge by him of those functions;

(b) a person discharging functions of any body whose functions relate to reserved matters, in connection with the discharge by him of those functions;

(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 "statutory functions" means functions conferred by virtue of any enactment.

45 Witnesses and documents: offences

(1) Subject to subsection (9) of section 44, 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;

(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.

(5) For the purposes of section 44 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document.

46 Witnesses: oaths

(1) The Presiding Officer or such other person as may be authorised by standing orders may--

(a) administer an oath to any person giving evidence in proceedings of the Assembly; and

(b) require him to take the oath.

(2) Any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence.

(3) A person guilty of an offence under this section is 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.

Remuneration and pensions

47 Remuneration of members

(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 office as a Minister or junior Minister;

(ii) holding office as Presiding Officer or deputy;

(iii) holding office as a member of the Northern Ireland Assembly Commission; or

(iv) 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.

(10) For the purposes of this section, a person who is a member of the Assembly immediately before the Assembly is dissolved shall be treated--

(a) if he continues to hold such an office as is mentioned in subsection (3)(a)(i) to (iii), as if he were a member of the Assembly until the end of the day on which he ceases to hold the office; and

(b) if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were a member of the Assembly until the end of the day of the poll for that election.

(11) Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

48 Pensions of members

(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 47(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

49 Letters Patent etc

(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.

50 Privilege

(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 fair and accurate report of such proceedings which is made in good faith.

(3) In this section--

"statement" has the same meaning as in the [1996 c. 31.] Defamation Act 1996;
"the strict liability rule" has the same meaning as in the [1981 c. 49.] Contempt of Court Act 1981.

51 Resignation of members

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

Part V NSMC, BIC, BIIC etc.

52 North-South Ministerial Council and British-Irish Council

(1) The First Minister and the deputy First Minister acting jointly shall make such nominations of Ministers and junior Ministers (including where appropriate alternative nominations) as they consider necessary to ensure--

(a) such cross-community participation in the North-South Ministerial Council as is required by the Belfast Agreement; and

(b) such cross-community participation in the British-Irish Council as is so required.

(2) It shall be a Ministerial responsibility of a Minister or junior Minister nominated under subsection (1)(a) or (b) to participate in the Council concerned in such meetings or activities as are specified in the nomination.

(3) Without prejudice to the operation of section 24, such a Minister or junior Minister shall act in accordance with any decisions of the Assembly or the Executive Committee which are relevant to his participation in the Council concerned.

(4) A Minister may in writing authorise a Minister or junior Minister who has been nominated under subsection (1)(a) or (b) to enter into agreements or arrangements in respect of matters for which he is responsible.

(5) The First Minister and the deputy First Minister acting jointly shall, as far in advance of each meeting of either Council as is reasonably practicable, give to the Executive Committee and to the Assembly the following information in relation to the meeting--

(a) the date;

(b) the agenda; and

(6) A Minister or junior Minister who participates in a meeting of either Council by reason of a nomination under this section shall, as soon as reasonably practicable after the meeting, make a report--

(a) to the Executive Committee; and

(b) to the Assembly.

(7) A report under subsection (6)(b) shall be made orally unless standing orders authorise it to be made in writing.

(8) The Northern Ireland contributions towards the expenses of the Councils shall be defrayed as expenses of the Department of Finance and Personnel.

(9) In this section "participate" shall be construed--

(a) in relation to the North-South Ministerial Council, in accordance with paragraphs 5 and 6 of Strand Two of the Belfast Agreement;

(b) in relation to the British-Irish Council, in accordance with the first paragraph 5 of Strand Three of that Agreement.

53 Agreements etc. by persons participating in Councils

(1) This section applies to any agreement or arrangement entered into by a Minister or junior Minister participating, by reason of a nomination under section 52, in a meeting of the North-South Ministerial Council or the British-Irish Council.

(2) Provision may be made by Act of the Assembly for giving effect to any agreement or arrangement to which this section applies, including provision--

(a) for transferring to any body designated by or constituted under the agreement or arrangement any functions which would otherwise be exercisable by any Minister or Northern Ireland department;

(b) for transferring to a Minister or Northern Ireland department any functions which would otherwise be exercisable by any authority outside Northern Ireland.

(3) Subsection (2) has effect notwithstanding anything in subsection (2)(a) of section 6; but it does not affect--

(a) the operation of subsection (2)(b) to (f) of that section; or

(b) the operation of section 8 or 15 in relation to the enactment of any Act of the Assembly.

(4) No agreement or arrangement to which this section applies entered into for the establishment after the appointed day of an implementation body shall come into operation without the approval of the Assembly.

(5) In subsection (4) "implementation body" means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.

54 British-Irish Intergovernmental Conference

(1) This section applies where excepted or reserved matters relating to Northern Ireland are to be discussed at a meeting of the British-Irish Intergovernmental Conference.

(2) The First Minister and the deputy First Minister acting jointly shall ensure that there is such cross-community attendance by Ministers and junior Ministers at the meeting as is required by the Belfast Agreement.

55 Implementation bodies

(1) The Secretary of State may make an order about any body--

(a) which he considers to be an implementation body; and

(b) which is, or is to be, established on or before the appointed day.

(2) An order under this section may make any such provision as may be made (after the appointed day) by Act of the Assembly and may in particular--

(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 for which it is, or is to be, established;

(c) confer on a Northern Ireland department power to make grants to the body out of money appropriated by Act of the Assembly;

(d) make provision as to the accounting and audit arrangements which are to apply in relation to the body; and

(e) make consequential or supplementary provisions, including provisions amending or repealing any Northern Ireland legislation, or any instrument made under such legislation.

(3) In this section "implementation body" means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.

56 Civic Forum

(1) The First Minister and the deputy First Minister acting jointly shall make arrangements for obtaining from the Forum its views 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 expenses of the Forum shall be defrayed as expenses of the Department of Finance and Personnel.

(4) In this section "the Forum" means the consultative Civic Forum established in pursuance of paragraph 34 of Strand One of the Belfast Agreement by the First Minister and the deputy First Minister acting jointly.

Part VI Financial Provisions

Consolidated Fund

57 Consolidated Fund of Northern Ireland

(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 section 59 and to any provision which charges sums on the Fund and is made--

(a) by or under an Act of Parliament; or

(b) by an Act of the Assembly or other Northern Ireland legislation.

58 Payments into the Fund

The Secretary of State shall from time to time make payments into the Consolidated Fund of Northern Ireland out of money provided by Parliament of such amounts as he may determine.

59 Payments out of Fund without appropriation Act

(1) If an Act is not passed at least three working 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, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of year 2; and

(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.

(2) The aggregate of the sums issued under subsection (1) for the service of year 2 shall not exceed 75 per cent of the total amount appropriated by Act for the service of year 1.

(3) 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, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of the year; and

(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.

(4) The aggregate of the sums issued under subsection (3), and (where applicable) the sums issued under subsection (1), for the service of any financial year shall not exceed 95 per cent of the total amount appropriated by Act for the service of the preceding financial year.

(5) In this section--

"Act" means an Act of the Assembly or, in relation to any time before the appointed day, an Order in Council under Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974;
"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.

60 Financial control, accounts and audit

(1) In so far as such provision has not been made, an Act of the Assembly or other Northern Ireland legislation shall make provision--

(a) for proper accounts to be prepared by the Northern Ireland departments, and by other persons to whom sums are paid directly out of the Consolidated Fund of Northern Ireland, of their expenditure and receipts;

(b) for the Department of Finance and Personnel to prepare an account of payments into and out of the Fund;

(c) for the Comptroller and Auditor General for Northern Ireland to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2);

(d) for access by persons exercising those functions to such documents as they may reasonably require;

(e) for members of the Northern Ireland Civil Service designated for the purpose to be answerable to the Assembly in respect of the expenditure and receipts of each of the Northern Ireland departments; and

(f) for the publication of accounts prepared in pursuance of paragraphs (a) and (b), and of reports on such accounts, and for the laying of such accounts and reports before the Assembly.

(2) The functions referred to in subsection (1)(c) are--

(a) issuing credits for the payment of sums out of the Fund;

(b) examining accounts prepared in pursuance of subsection (1)(a) and (b) (which includes determining whether sums paid out of the Fund have been paid out and applied in accordance with section 57), and certifying and reporting on them;

(c) carrying out examinations into the economy, efficiency and effectiveness with which the Northern Ireland departments have used their resources in discharging their functions; and

(d) carrying out examinations into the economy, efficiency and effectiveness with which other persons determined under Northern Ireland legislation to whom sums are paid directly out of the Fund have used those sums in discharging their functions.

(3) Standing orders shall make provision for establishing a committee of members of the Assembly to consider accounts, and reports on accounts, laid before the Assembly in pursuance of this section or any other enactment.

(4) Persons (other than the Comptroller and Auditor General for Northern Ireland) charged with the exercise of any function under subsection (2) or other like function conferred by Northern Ireland legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly.

(5) Subsection (2)(b) does not apply to accounts prepared by the Comptroller and Auditor General for Northern Ireland.

Advances

61 Advances by Secretary of State

(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.

62 Accounts

(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 61; 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

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

-- Back --

Stat