Northern Ireland Act 1998 (c. 47)

(The document as of February, 2008)

-- Back --

Page 4

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

Miscellaneous

63 Financial acts of the Assembly

(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;

(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.

64 Draft budgets

(1) The Minister of Finance and Personnel shall, before the beginning of each financial year, lay before the Assembly a draft budget, that is to say, a programme of expenditure proposals for that 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.

65 Audit

(1) The Comptroller and Auditor General for Northern Ireland shall be appointed by Her Majesty on the nomination of the Assembly.

(2) A recommendation shall not be made to Her Majesty for the removal from office of the Comptroller and Auditor General for Northern Ireland unless--

(a) the Assembly so resolves; and

(b) the resolution is passed with the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly.

(3) The Comptroller and Auditor General for Northern Ireland shall not, in the exercise of any of his functions, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly; but this subsection does not apply in relation to any function conferred on him of preparing accounts.

(4) 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 [1921 c. 2 (N.I.).] Exchequer and Audit Act Northern Ireland) 1921.

(5) Subsection (4) is subject to any provision of an Act of the Assembly or other Northern Ireland legislation.

(6) The Assembly shall not have power under Article 4(1) of the [S.I. 1987/460 (N.I.5).] Audit (Northern Ireland) Order 1987 to pass at any time a resolution which reduces the salary payable to a person holding the office of Comptroller and Auditor General for Northern Ireland at that time.

66 Expenses of Northern Ireland Audit Office

(1) Standing orders shall make provision for establishing a committee of members of the Assembly to exercise, in place of the Department of Finance and Personnel, the functions conferred on that Department by Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses of Northern Ireland Audit Office).

(2) No more than one member of the committee established under subsection (3) of section 60 may be a member of the committee established under this section.

(3) The committee established under this section shall, in discharging its functions, have regard to the advice of the committee established under that subsection and of the Department of Finance and Personnel.

67 Provision of information to Treasury

(1) The Treasury may require the Northern Ireland Ministers and departments to provide, within such period as the Treasury may specify, such information, in such form and prepared in such manner, as the Treasury may specify.

(2) If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement.

Part VII Human Rights and Equal Opportunities

Human rights

68 The Northern Ireland Human Rights Commission

(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 7 (which makes supplementary provision about the Commission) shall have effect.

69 The Commission's functions

(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, before the end of the period of two years beginning with the commencement of this section, make to the Secretary of State such recommendations as it thinks fit for improving--

(a) its effectiveness;

(b) the adequacy and effectiveness of the functions conferred on it by this Part; and

(3) 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 thinks appropriate.

(4) 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 thinks appropriate.

(5) The Commission may--

(a) give assistance to individuals in accordance with section 70; and

(b) bring proceedings involving law or practice relating to the protection of human rights.

(6) The Commission shall promote understanding and awareness of the importance of human rights in Northern Ireland; and for this purpose it may undertake, commission or provide financial or other assistance for--

(a) research; and

(b) educational activities.

(7) 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.

(8) For the purpose of exercising its functions under this section the Commission may conduct such investigations as it considers necessary or expedient.

(9) The Commission may decide to publish its advice and the outcome of its research and investigations.

(10) The Commission shall do all that it can to ensure the establishment of the committee referred to in paragraph 10 of that section of that Agreement.

(11) 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.

70 Assistance by Commission

(1) This section applies to--

(a) proceedings involving law or practice relating to the protection of human rights which a person in Northern Ireland has commenced, or wishes to commence; or

(b) proceedings in the course of which such a person relies, or wishes to rely, on such law or practice.

(2) Where the person 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 person to deal with the case without assistance because of its complexity, or because of the person's position in relation to another person involved, or for some other reason;

(3) Where the Commission grants an application under subsection (2) it may--

(a) provide, or arrange for the provision of, legal advice;

(b) arrange for the provision of legal representation;

(4) Arrangements made by the Commission for the provision of assistance to a person may include provision for recovery of expenses from the person in certain circumstances.

71 Restrictions on application of rights

(1) Nothing in section 6(2)(c), 24(1)(a) or 69(5)(b) shall enable a person--

(a) to bring any proceedings in a court or tribunal on the ground that any legislation or act is incompatible with the Convention rights; or

(b) to rely on any of the Convention rights in any such proceedings,

unless he would be a victim for the purposes of article 34 of the Convention if proceedings in respect of the legislation or 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, the Advocate General for Scotland or the Lord Advocate.

(3) Section 6(2)(c)--

(a) does not apply to a provision of an Act of the Assembly if the passing of the Act is, by virtue of subsection (2) of section 6 of the [1998 c. 42.] Human Rights Act 1998, not unlawful under subsection (1) of that section; and

(b) does not enable a court or tribunal to award in respect of the passing of an Act of the Assembly any damages which it could not award on finding the passing of the Act unlawful under that subsection.

(4) Section 24(1)(a)--

(a) does 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) does 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.

(5) In this section "the Convention" has the same meaning as in the Human Rights Act 1998.

72 Standing Advisory Commission on Human Rights: dissolution

(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;

Equality of opportunity

73 The Equality Commission for Northern Ireland

(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 Commissioners appointed by the Secretary of State.

(3) The Secretary of State shall appoint--

(a) one Commissioner as Chief Commissioner; and

(b) at least one Commissioner as Deputy Chief Commissioner.

(4) 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.

(5) Schedule 8 (which makes supplementary provision about the Commission) shall have effect.

74 The Commission's principal functions

(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;

(d) the Northern Ireland Disability Council.

(3) In exercising its functions the Equality Commission shall--

(a) aim to secure an appropriate division of resources between the functions previously exercisable by each of the bodies listed in subsection (2); and

(b) have regard to advice offered by a consultative council.

(4) In subsection (3) "consultative council" means a group of persons selected by the Commission to advise in relation to the functions previously exercisable by one of the bodies listed in subsection (2) or in relation to the Commission's functions under Schedule 9.

(5) 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) and (2).

(6) In particular, an order may include provision--

(a) amending an enactment;

(b) for the transfer of rights and liabilities;

75 Statutory duty on public authorities

(1) A public authority shall in carrying out its functions relating to Northern Ireland 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;

(d) between persons with dependants and persons without.

(2) Without prejudice to its obligations under subsection (1), a public authority shall in carrying out its functions relating to Northern Ireland 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) any department, corporation or body listed in Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation) and designated for the purposes of this section by order made by the Secretary of State;

(b) any body (other than the Equality Commission) listed in Schedule 2 to the [S.I. 1996/1297 (N.I.7).] Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation);

(c) any department or other authority listed in Schedule 2 to the [S.I. 1996/1298 (N.I.8).] Ombudsman (Northern Ireland) Order 1996 (departments and other authorities subject to investigation);

(d) any other person designated for the purposes of this section by order made by the Secretary of State.

(4) Schedule 9 (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 [1995 c. 50.] Disability Discrimination Act 1995; and
"racial group" has the same meaning as in the [S.I. 1997/869 (N.I.6).] Race Relations (Northern Ireland) Order 1997.

76 Discrimination by public authorities

(1) It shall be unlawful for a public authority carrying out 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 any act or omission which is unlawful by virtue of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976, or would be unlawful but for some exception made by virtue of Part V of that Act.

(5) Subsection (1) applies to the making, confirmation or approval of subordinate legislation only if--

(a) the legislation contains a provision which discriminates against a person or class of person on the ground of religious belief or political opinion; and

(b) the provision extends only to the whole or any part of Northern Ireland.

(6) Where it is alleged that subsection (1) applies to the making, confirmation or approval of subordinate legislation, subsection (2) shall not apply but the contravention may be relied upon in legal proceedings relating to the validity of the subordinate legislation.

(7) The following are public authorities for the purposes of this section--

(a) a Minister of the Crown;

(b) any department, corporation or body listed in Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (departments, corporations and bodies subject to investigation);

(c) any body listed in Schedule 2 to the [S.I. 1996/1297 (N.I.7).] Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation);

(d) any authority (other than a Northern Ireland department) listed in Schedule 2 to the [S.I. 1996/1298 (N.I.8).] Ombudsman (Northern Ireland) Order 1996 (departments and other authorities subject to investigation);

(e) the Police Authority for Northern Ireland, the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve;

(f) the Probation Board for Northern Ireland; and

(g) the Post Office.

77 Unlawful oaths etc

(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

(2) Subsection (1) shall not prevent a person being required to take an oath, or make a declaration, which is expressly required or authorised by the law in force immediately before this section comes into force.

(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

(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);

(e) the Probation Board for Northern Ireland.

(5) Subsections (1) to (3) apply with the necessary modifications to a Minister and a Northern Ireland department.

(6) 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 (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.

78 Removal of restrictions on investigation into maladministration

(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, or aiding or inciting any person to discriminate, on the ground of religious belief or political opinion; or

(b) a requirement in contravention of section 77 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 [1967 c. 13.] Parliamentary Commissioner Act 1967;

(b) Article 9(3)(b) of the [S.I. 1996/1297 (N.I.7).] Commissioner for Complaints (Northern Ireland) Order 1996; and

Part VIII Miscellaneous

Judicial scrutiny

79 Devolution issues

Schedule 10 (which makes provision in relation to devolution issues) shall have effect.

80 Legislative power to remedy ultra vires acts

(1) The Secretary of State may by order make such provision as he considers necessary or expedient in consequence of--

(a) any provision of an Act of the Assembly which is not, or may not be, within the legislative competence of the Assembly; or

(b) any purported exercise by a Minister or Northern Ireland department of his or its functions which is not, or may not be, a valid exercise of those functions.

(2) An order under this section may--

(a) make provision having retrospective effect;

(b) make consequential or supplementary provision, including provision amending or repealing any Northern Ireland legislation, or any instrument made under such legislation;

81 Powers of courts or tribunals to vary retrospective decisions

(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--

(a) the Attorney General for Northern Ireland; and

(b) where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of Schedule 10), the appropriate authority,

unless the person to whom the notice would be given is a party to the proceedings.

(5) A person to whom notice is given under subsection (4) or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly may take part as a party in the proceedings so far as they relate to the making of the order.

(6) Paragraphs 37 and 38 of Schedule 10 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 "the appropriate authority" means--

(a) in relation to proceedings in Northern Ireland, the First Minister and the deputy First Minister;

(b) in relation to proceedings in England and Wales, the Attorney General;

82 The Judicial Committee

(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 [1876 c. 59.] Appellate Jurisdiction Act 1876 (ignoring for this purpose section 5 of the [1887 c. 70.] 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 [1833 c. 41.] Judicial Committee Act 1833 in relation to proceedings under this Act with exceptions or modifications;

(4) A statutory instrument containing an Order in Council under subsection (3)(a) or (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section "proceedings under this Act" means proceedings on a question referred to the Judicial Committee under section 11 or proceedings under Schedule 10.

83 Interpretation of Acts of the Assembly etc

(1) This section applies where--

(a) any provision of an Act of the Assembly, or of a Bill for such an Act, could be read either--

(i) in such a way as to be within the legislative competence of the Assembly; or

(ii) in such a way as to be outside that competence; or

(b) any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a Northern Ireland authority could be read either--

(i) in such a way as not to be invalid by reason of section 24 or, as the case may be, section 76; or

(ii) in such a way as to be invalid by reason of that section.

(2) The provision shall be read in the way which makes it within that competence or, as the case may be, does not make it invalid by reason of that section, and shall have effect accordingly.

(3) In this section "Northern Ireland authority" means a Minister, a Northern Ireland department or a public authority (within the meaning of section 76) carrying out functions relating to Northern Ireland.

Power to make provision by Order in Council

84 Provision with respect to certain matters relating to Northern Ireland

(1) Her Majesty may by Order in Council make provision with respect to elections (but not the franchise) and boundaries in respect of district councils in Northern Ireland.

(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

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

-- Back --

Stat