Northern Ireland Act 1998 (c. 47)

(The document as of February, 2008)

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(b)

Acts of the Parliament of Northern Ireland;

(c)

Orders in Council under section 1(3) of the [1972 c. 22.] Northern Ireland (Temporary Provisions) Act 1972;

(d)

Measures of the Northern Ireland Assembly established under section 1 of the [1973 c. 17.] Northern Ireland Assembly Act 1973;

(e)

Orders in Council under Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974;

(f)

Acts of the Assembly; and

(g)

Orders in Council under section 85;

"the Northern Ireland zone" means the sea within British fishery limits which is adjacent to Northern Ireland;

"the pledge of office" has the meaning given by section 16(10);

"political opinion" and "religious belief" shall be construed in accordance with section 57(2) and (3) of the [1976 c. 25.] 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);

"subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978 and also includes an instrument made under Northern Ireland legislation;

"transferred matter" has the meaning given by section 4(1).

(2) For the purposes of this Act, a provision of any enactment, Bill or subordinate legislation deals with the matter, or each of the matters, which it affects otherwise than incidentally.

(3) For the purposes of this Act, a provision of any Act or Bill which modifies a provision of--

(a) the [S.I. 1977/2151 (N.I.22).] Agricultural Wages (Regulation) (Northern Ireland) Order 1977;

(b) the [S.I. 1996/1919 (N.I.16).] Employment Rights (Northern Ireland) Order 1996; or

(c) the [S.I. 1996/1921 (N.I.18).] Industrial Tribunals (Northern Ireland) Order 1996,

which is amended or applied by or under the [1998 c. 39.] National Minimum Wage Act 1998 shall not be treated as dealing with a matter falling within the subject-matter of that Act if the modification affects the national minimum wage and other employment matters in the same way.

(4) For the purposes of this Act, a provision of an Act of the Assembly or of subordinate legislation 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.

(5) 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.

(6) No provision of an Act of the Assembly or of subordinate legislation, and no making, confirmation or approval of a provision of subordinate legislation, shall be treated for the purposes of this Act as discriminating if the provision has the effect of safeguarding national security or protecting public safety or public order.

(7) No other act done by any person shall be treated for the purposes of this Act as discriminating if--

(a) the act is done for the purpose of safeguarding national security or protecting public safety or public order; and

(b) the doing of the act is justified by that purpose.

(8) Her Majesty may by Order in Council determine, or make provision for determining, for such purposes of this Act as may be specified, any boundary between--

(a) the waters or parts of the sea which are to be treated as adjacent to Northern Ireland; and

(b) those which are not,

and may make different determinations or provisions for different purposes.

(9) No recommendation shall be made to Her Majesty to make an Order in Council under subsection (8) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

99 Minor and consequential amendments

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

100 Transitional provisions, savings and repeals

(1) The transitional provisions and savings contained in Schedule 14 shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 15, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

101 Short title and commencement

(1) This Act may be cited as the Northern Ireland Act 1998.

(2) The following provisions shall come into force on the day on which this Act is passed--

(a) sections 3, 55, 86, 93, 96 and 98;

(b) paragraph 20 of Schedule 13 and section 99 so far as relating to that paragraph;

(c) in Schedule 15, the repeal of section 31(4) to (6) of the [1973 c. 36.] Northern Ireland Constitution Act 1973 and section 100(2) so far as relating to that repeal; and

(d) this section.

(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

Section 1(1).

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.

Section 4(1).

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 (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police);

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

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

3 International relations, including relations with territories outside the United Kingdom, the European Communities (and their institutions) and other international organisations, and international development assistance and co-operation, but not--

(a) the surrender of fugitive offenders between Northern Ireland and the Republic of Ireland;

(b) the exercise of legislative powers so far as required for giving effect to any agreement or arrangement entered into--

(i) by a Minister or junior Minister participating, by reason of a nomination under section 52, in a meeting of the North-South Ministerial Council or the British-Irish Council; or

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

(c) observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law.

In this paragraph "the Human Rights Convention" means the following as they have effect for the time being in relation to the United Kingdom--

(a) the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950; and

(b) any Protocols to that Convention which have been ratified by the United Kingdom.

4 The defence of the realm; trading with the enemy; the armed forces of the Crown but not any matter within paragraph 10 of Schedule 3; war pensions; 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, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.

9 The following matters--

(a) taxes or duties under any law applying to the United Kingdom as a whole;

(b) stamp duty levied in Northern Ireland before the appointed day; and

(c) taxes or duties substantially of the same character as those mentioned in sub-paragraph (a) or (b).

10 The following matters--

(a) national insurance contributions;

(b) the control and management of the Northern Ireland National Insurance Fund and payments into and out of that Fund;

(c) reductions in and deductions from national insurance contributions;

(d) national insurance rebates;

(e) payments out of public money to money purchase pension schemes;

(f) contributions equivalent premiums;

(g) rights to return to the state pension scheme.

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

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

(i) the benefits mentioned in section 143(1) of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992, or benefits substantially of the same character as those benefits; or

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

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

(i) section 172(1)(b), (2)(a) or (7)(c) of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993; or

(ii) Article 202, 227, 234 or 252 of the [S.I. 1996/1919 (N.I.16).] Employment Rights (Northern Ireland) Order 1996.

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

11 The appointment and removal of judges of the Supreme Court of Judicature of Northern Ireland, holders of offices listed in column 1 of Schedule 3 to the [1978 c. 23.] Judicature (Northern Ireland) Act 1978, 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.

12 Elections, including the franchise, in respect of the Northern Ireland Assembly, the European Parliament and district councils.

13 The registration of political parties.

14 Coinage, legal tender and bank notes.

15 The National Savings Bank.

16 The subject-matter of the [1980 c. 11.] Protection of Trading Interests Act 1980.

17 National security (including the Security Service, the Secret Intelligence Service and the Government Communications Headquarters); special powers and other provisions for dealing with terrorism or subversion; the subject-matter of--

(a) the Official Secrets Acts [1911 c. 28.] 1911 and [1920 c. 75.] 1920;

(b) the [1985 c. 56.] Interception of Communications Act 1985, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act); and

(c) the [1989 c. 6.] Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.

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

(a) section 3(5) to (7) of the [1990 c. 43.] Environmental Protection Act 1990 (emission limits); or

(b) the [1993 c. 12.] Radioactive Substances Act 1993.

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

In this paragraph "Northern Ireland fishing boat" means a fishing vessel which is registered in the register maintained under section 8 of the [1995 c. 21.] Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.

20 Regulation of activities in outer space.

21 Any matter with which a provision of the [1973 c. 36.] Northern Ireland Constitution Act 1973 solely or mainly deals.

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

(a) Parts I and II;

(b) Part III except sections 19, 20, 22, 23(2) to (4) and 28;

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

(d) in Part V, sections 52 and 54;

(e) Part VI except sections 57(1) and 67;

(f) Part VII except sections 73, 74(1) to (4), 75 and 77 and Schedules 8 and 9;

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

This paragraph does not apply to--

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

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

(iii) any matter falling within a description specified in Schedule 3.

Section 4(1).

SCHEDULE 3 Reserved matters

1 The conferral of functions in relation to Northern Ireland on any Minister of the Crown.

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

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

4 Civil aviation but not aerodromes.

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

6 Domicile.

7 The Post Office, posts (including postage stamps, postal orders and postal packets) and the regulation of postal services.

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

9 The following matters--

(a) the criminal law;

(b) the creation of offences and penalties;

(c) the prevention and detection of crime and powers of arrest and detention in connection with crime or criminal proceedings;

(d) prosecutions;

(e) the treatment of offenders (including children and young persons, and mental health patients, involved in crime);

(f) the surrender of fugitive offenders between Northern Ireland and the Republic of Ireland;

(g) compensation out of public funds for victims of crime.

Sub-paragraphs (a) to (c) do not include any matter within paragraph 17 of Schedule 2.

Sub-paragraph (e) includes, in particular, prisons and other institutions for the treatment or detention of persons mentioned in that sub-paragraph.

10 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 (other than the Ministry of Defence Police), but not any matter within paragraph 17 of Schedule 2; the Parades Commission for Northern Ireland.

11 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.

12 Firearms and explosives.

13 Civil defence.

14 The subject-matter of the [1926 c. 8.(N.I.).] Emergency Powers Act Northern Ireland) 1926.

15 All matters, other than those specified in paragraph 11 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.

16 The functions and procedures of the Civil Service Commissioners for Northern Ireland.

17 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 11 of Schedule 2.

18 The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).

19 The subject-matter of the Vaccine Damage Payment Scheme.

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

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

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

(c) the prevention of disease or the control of weeds and pests;

(d) aerodromes and harbours;

(e) any matter within paragraph 4 of Schedule 2.

21 The subject-matter of the [1998 c. 39.] National Minimum Wage Act 1998.

22 The subject-matter of the following provisions of the [1993 c. 48.] 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).

23 The following matters--

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

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

This paragraph does not include the subject-matter of--

(a) the [1969 c. 4 (N.I.).] Industrial and Provident Societies Act Northern Ireland) 1969;

(b) the [S.I. 1985/1205 (N.I.12).] Credit Unions (Northern Ireland) Order 1985;

(c) the [S.I. 1986/1032 (N.I.6).] Companies (Northern Ireland) Order 1986;

(d) the [S.I. 1989/2405 (N.I.19).] Insolvency (Northern Ireland) Order 1989;

(e) the [S.I. 1990/593 (N.I.5).] Companies (Northern Ireland) Order 1990;

(f) the [S.I. 1990/504 (N.I.10).] Companies (No.2) (Northern Ireland) Order 1990;

(g) the [S.R.&O. 1997/251.] Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.

24 The subject-matter of--

(a) the [1986 c. 53.] Building Societies Act 1986;

(b) the [1992 c. 40.] Friendly Societies Act 1992.

25 The subject-matter of the [S.I. 1993/1933.] Money Laundering Regulations 1993, but in relation to any type of business.

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

27 Intellectual property but not the subject-matter of Parts I and II of the [1997 c. 66.] Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

28 Units of measurement and United Kingdom primary standards.

29 Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the [1990 c. 42.] Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the [1949 c. 54.] Wireless Telegraphy Act 1949 (electromagnetic disturbance).

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

31 Xenotransplantation.

32 Surrogacy arrangements, within the meaning of the [1985 c. 49.] Surrogacy Arrangements Act 1985, including the subject-matter of that Act.

33 The subject-matter of the [1990 c. 37.] Human Fertilisation and Embryology Act 1990.

34 Human genetics.

35 Research Councils within the meaning of the [1965 c. 4.] Science and Technology Act 1965.

36 Areas in which industry may qualify for assistance under Part III of the [1982 c. 52.] Industrial Development Act 1982.

37 Consumer safety in relation to goods.

38 Technical standards and requirements in relation to products in pursuance of an obligation under Community law but not standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides.

39 The subject-matter of section 3(5) to (7) of the [1990 c. 43.] Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.

40 The subject-matter of--

(a) the [1984 c. 35.] Data Protection Act 1984;

(b) the [1998 c. 35.] Data Protection Act 1998; and

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

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

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

(a) in Part III, sections 19, 20 and 28;

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

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

This paragraph does not apply to--

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

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

Section 16(10).

SCHEDULE 4 Annex A to Strand One of Belfast Agreement

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.

Code of Conduct

Ministers must at all times:

• observe the highest standards of propriety and regularity involving impartiality, integrity and objectivity in relationship to the stewardship of public funds;

• be accountable to users of services, the community and, through the Assembly, for the activities within their responsibilities, their stewardship of public funds and the extent to which key performance targets and objectives have been met;

• ensure all reasonable requests for information from the Assembly, users of services and individual citizens are complied with; and that Departments and their staff conduct their dealings with the public in an open and responsible way;

• follow the seven principles of public life set out by the Committee on Standards in Public Life;

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

• operate in a way conducive to promoting good community relations and equality of treatment;

• not use information gained in the course of their service for personal gain; nor seek to use the opportunity of public service to promote their private interests;

• ensure they comply with any rules on the acceptance of gifts and hospitality that might be offered;

• declare any personal or business interests which may conflict with their responsibilities. The Assembly will retain a Register of Interests. Individuals must ensure that any direct or indirect pecuniary interests which members of the public might reasonably think could influence their judgement are listed in the Register of Interests.

Section 40(10).

SCHEDULE 5 Northern Ireland Assembly Commission

Membership

1 A person appointed under standing orders made under section 40(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.

Staff

2 (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 Commission shall be construed accordingly.

Powers

3 (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) holding property;

(b) charging for goods or services;

(c) entering into contracts;

(d) investing sums not immediately required in relation to the discharge of its functions; and

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