Northern Ireland Act 1998 (c. 47)

(The document as of February, 2008)

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(a) the Prime Minister of Northern Ireland; or

(b) the chief executive member,

shall be construed as a reference to the First Minister and deputy First Minister acting jointly.

(2) References to Northern Ireland executive authorities shall be construed as references to Ministers and the Northern Ireland departments.

(3) A reference to--

(a) the Executive Committee for Northern Ireland; or

(b) the Northern Ireland Executive,

shall be construed as a reference to the Executive Committee established by section 20.

(4) This paragraph applies to enactments and instruments passed or made before the appointed day.

10 (1) A reference to--

(a) a particular Ministry of Northern Ireland; or

(b) the Minister in charge of a particular Ministry,

shall, in relation to a function, be construed as a reference to the Northern Ireland department which exercises that function or to the Northern Ireland Minister in charge of that department.

(2) A reference to an unspecified Ministry shall be construed as a reference to a Northern Ireland department.

(3) This paragraph applies to enactments and instruments passed or made before 1st January 1974.

11 (1) A reference to--

(a) an unspecified Minister of Northern Ireland; or

(b) the head of a Northern Ireland department,

shall be construed as a reference to a Northern Ireland Minister.

(2) A reference to the head of a specified Northern Ireland department shall, in relation to a function, be construed as a reference to the Northern Ireland Minister in charge of the department which exercises that function.

(3) In sub-paragraph (1) "Northern Ireland Minister" includes the First Minister and the deputy First Minister.

(4) This paragraph applies to enactments and instruments passed or made before the appointed day.

Courts

12 (1) A reference to the Supreme Court of Judicature in Ireland shall be construed as a reference to the Supreme Court of Judicature of Northern Ireland.

(2) A reference to the High Court of Justice in Ireland shall be construed as a reference to the High Court of Justice in Northern Ireland.

(3) A reference to the Court of Appeal in Ireland shall be construed as a reference to the Court of Appeal in Northern Ireland.

(4) This paragraph applies to enactments and instruments passed or made before the passing of the [1920 c. 67.] Government of Ireland Act 1920.

Equal opportunity bodies

13 (1) A reference to--

(a) the Fair Employment Commission for Northern Ireland;

(b) the Equal Opportunities Commission for Northern Ireland;

(d) the Northern Ireland Disability Council,

shall be construed as a reference to the Equality Commission for Northern Ireland.

(2) This paragraph applies to enactments and instruments passed or made before section 74 comes into force.

Section 99.

SCHEDULE 13 Minor and consequential amendments

Fair Employment (Northern Ireland) Act 1976 (c. 25)

1 (1) The Fair Employment (Northern Ireland) Act 1976 shall be amended as follows.

(2) In section 1 (the Fair Employment Commission for Northern Ireland)--

(a) for the words in subsection (1) before paragraph (a) substitute "The Commission shall have the duties of"; and

(b) subsection (2) shall cease to have effect.

(3) In section 2 (educational functions) after "discharging its duties" insert "under section 1".

(4) In section 57(1) (interpretation), in the definition of "the Commission" for "the Fair Employment Commission for Northern Ireland" substitute "the Equality Commission for Northern Ireland".

(5) Schedule 1 (the Fair Employment Commission for Northern Ireland) shall cease to have effect.

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

2 (1) The Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows.

(2) In Article 2(2) (interpretation), in the definition of "the Commission" for "the Equal Opportunities Commission for Northern Ireland" substitute "the Equality Commission for Northern Ireland".

(3) In Article 54(1) (establishment of Equal Opportunities Commission for Northern Ireland)--

(a) in paragraph (1) for the words before paragraph (a) substitute "The Commission shall have the following duties"; and

(b) paragraphs (2) to (4) shall cease to have effect.

(4) Schedule 3 (the Equal Opportunities Commission for Northern Ireland) shall cease to have effect.

Interpretation Act 1978 (c. 30)

3 In section 24(5) of the Interpretation Act 1978 (meaning of "Northern Ireland legislation"), for paragraphs (d) and (e) substitute--

" (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 Northern Ireland Assembly; and

(g) Orders in Council under section 85 of the Northern Ireland Act 1998. "

Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))

4 In Part II of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 (rule-making authorities), for "section 40 of and paragraph 4 of Schedule 5 to the Northern Ireland Constitution Act 1973" substitute "section 95(5) of and paragraph 8 of Schedule 12 to the Northern Ireland Act 1998".

Mental Health Act 1983 (c. 20)

5 (1) The Mental Health Act 1983 shall be amended as follows.

(2) In section 134(3)(a) (correspondence of patients), after "Parliament" insert "or of the Northern Ireland Assembly".

(3) In section 141 (members of the House of Commons suffering from mental illness), after subsection (9) insert--

" (10) This section also has effect in relation to members of the Northern Ireland Assembly but as if--

(a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and

(b) in subsection (7), for "provided by Parliament" there were substituted "appropriated by Act of the Assembly". "

Insolvency Act 1986 (c. 45)

6 In section 427 of the Insolvency Act 1986 (members of the House of Commons who are adjudged bankrupt etc.), after subsection (6B) insert--

" (6C) Subsection (1), as applied to a member of the Northern Ireland Assembly by virtue of section 36(4) of the Northern Ireland Act 1998, has effect as if "or Northern Ireland" were omitted; and subsections (4) to (6) have effect in relation to such a member as if--

(a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and

(b) in subsection (4), for "under this section" there were substituted "under section 36(4) of the Northern Ireland Act 1998 by virtue of this section". "

Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5))

7 In Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses and accounts of Northern Ireland Audit Office)--

(a) for "the Department", in the first place where it occurs, substitute "the committee established under section 66 of the Northern Ireland Act 1998"; and

(b) for "the Department", in the second place where it occurs, substitute "that committee".

Copyright, Designs and Patents Act 1988 (c. 48)

8 (1) The Copyright, Designs and Patents Act 1988 shall be amended as follows.

(2) In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for "166A" substitute "166B".

(3) In section 153(2) (qualification for copyright protection), for "166A" substitute "166B".

(4) In section 163(6) (Crown copyright), for "166A" substitute "166B".

(5) In section 164(1) (Crown copyright in Acts of Parliament, etc.), after "Scottish Parliament" insert ", Act of the Northern Ireland Assembly".

(6) After section 166A insert--

" 166B Copyright in Bills of the Northern Ireland Assembly

(1) Copyright in every Bill introduced into the Northern Ireland Assembly belongs to the Northern Ireland Assembly Commission.

(2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction--

(a) until the Bill receives Royal Assent, or

(b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.

(3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.

(4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly. "

(7) In the definition of "parliamentary proceedings" in section 178 (definitions), the words ", of the New Northern Ireland Assembly" shall cease to have effect.

(8) In section 179 (index of defined expressions), in column 2 of the entry for "Parliamentary copyright", for "and 166A(3)" substitute "166A(3) and 166B(3)".

Official Secrets Act 1989 (c. 6)

9 (1) Section 12 of the Official Secrets Act 1989 (interpretation) shall be amended as follows.

(2) Subsection (1)(b) shall cease to have effect.

(3) After subsection (4) insert--

" (5) This Act shall apply to the following as it applies to persons falling within the definition of Crown servant--

(a) the First Minister and deputy First Minister in Northern Ireland; and

(b) Northern Ireland Ministers and junior Ministers. "

Fair Employment (Northern Ireland) Act 1989 (c. 32)

10 (1) The Fair Employment (Northern Ireland) Act 1989 shall be amended as follows.

(2) The following shall be substituted for section 1--

" 1 The Equality Commission for Northern Ireland

In this Act "the Commission" means the Equality Commission for Northern Ireland. "

(3) In section 9(6) (approval of Code of Practice), for "section 27(2) of the Northern Ireland Constitution Act 1973" substitute "section 31(1) or (2) of the Northern Ireland Act 1998".

(4) In Schedule 2 (minor and consequential amendments), paragraphs 5 and 6 and 22 to 28 shall cease to have effect.

Social Security Administration Act 1992 (c. 5)

11 In section 189 of the Social Security Administration Act 1992 (regulations and orders: general)--

(a) in subsection (9), for "175 and 178" substitute "and 175"; and

(b) in subsection (11), for "any of sections 177 to 179" substitute "section 179".

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

12 In section 165 of the Social Security Administration (Northern Ireland) Act 1992 (regulations and orders: general)--

(a) in subsection (10), for "152 and 154" substitute "and 152"; and

(b) in subsection (11), for "any of sections 153 to 155" substitute "section 155".

Environment and Safety Information (Northern Ireland) Order 1993 (S.I. 1993/3159 (N.I.14))

13 In the second column of Schedule 1 to the Environment and Safety Information (Northern Ireland) Order 1993 (enforcing authorities), for "section 43(2) of the Northern Ireland Constitution Act 1973" substitute "section 4(1) of the Northern Ireland Act 1998".

Civil Service (Management Functions) (Northern Ireland) Order 1994 (S.I. 1994/1894 (N.I.9))

14 In Article 3(1) of the Civil Service (Management Functions) (Northern Ireland) Order 1994, for paragraphs (a) and (b) substitute "which, by virtue of a prerogative order made under section 23(3) of the Northern Ireland Act 1998, is exercisable by the Department of Finance and Personnel".

Olympic Symbol etc. Protection Act 1995 (c. 32)

15 In section 4(16) of the Olympic Symbol etc. Protection Act 1995 (definitions), in the definition of "Royal Commission", for "by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973" substitute "by a Minister, within the meaning of the Northern Ireland Act 1998, or Northern Ireland department in pursuance of the prerogative powers of Her Majesty exercisable by the Minister or department under section 23 of that Act".

Disability Discrimination Act 1995 (c. 50)

16 (1) The Disability Discrimination Act 1995 shall be amended as follows.

(2) In Schedule 8--

(a) for "the Council" and "the Northern Ireland Disability Council" substitute "the Equality Commission for Northern Ireland";

(b) for paragraph 33(1) substitute--

" 33 (1) In sections 50 to 52, for "the Council" substitute, in each place, the "Equality Commission for Northern Ireland".

(1A) Section 50(1) shall have no effect. " ; and

" 52 (1) Schedule 5, except paragraph 7(a) to (c), shall have no effect.

(2) In paragraph 7(a) to (c), for "Secretary of State" wherever it occurs substitute "Department of Health and Social Services". "

Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I.7))

17 In Article 9(3) of the Commissioner for Complaints (Northern Ireland) Order 1996 (matters not subject to investigation), for "section 22 of the Northern Ireland Constitution Act 1973" substitute "section 78 of the Northern Ireland Act 1998".

Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I.8))

18 In Article 10(3) of the Ombudsman (Northern Ireland) Order 1996 (matters not subject to investigation), for "section 22 of the Northern Ireland Constitution Act 1973" substitute "section 78 of the Northern Ireland Act 1998".

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I.6))

19 (1) The Race Relations (Northern Ireland) Order 1997 shall be amended as follows.

(2) In Article 2(2) (interpretation), in the definition of "the Commission" for "the Commission for Racial Equality for Northern Ireland" substitute "the Equality Commission for Northern Ireland".

(3) Article 42(1) and (3) to (5) and Schedule 1 (establishment of Commission for Racial Equality for Northern Ireland) shall cease to have effect.

Northern Ireland (Elections) Act 1998 (c. 12)

20 In Schedule 1 to the Northern Ireland (Elections) Act 1998 (the Assembly), for paragraph 8 substitute--

" 8 (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) In this paragraph "statement" has the same meaning as in the Defamation Act 1996. "

Data Protection Act 1998 (c. 29)

21 (1) In paragraph 4 of Schedule 7 to the Data Protection Act 1998 (miscellaneous exceptions), for "Northern Ireland department" substitute "Northern Ireland authority".

(2) Renumber that paragraph (as so amended) as sub-paragraph (1) and after that provision as so renumbered insert--

" (2) In this paragraph "Northern Ireland authority" means the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department. "

Section 100(1).

SCHEDULE 14 Transitional provisions and savings

Human rights

1 In relation to any time before the [1998 c. 42.] Human Rights Act 1998 is fully in force, sections 6(2)(c), 24(1) and 71 and Schedule 10 shall have effect as if that Act were so in force.

First Minister and deputy First Minister

2 Any election of the First Minister and the deputy First Minister held before the appointed day shall on and after that day have effect as if it had been held under section 16.

Ministerial offices

3 Any determination of--

(a) the number of Ministerial offices to be held by Northern Ireland Ministers; and

(b) the functions to be exercisable by the holder of each such office,

made and approved before the appointed day shall on and after that day have effect as if it had been made and approved under section 17.

Northern Ireland Ministers

4 Any nomination of a person to hold a Ministerial office made before the appointed day shall on and after that day have effect as if it had been made under section 18.

Junior Ministers

5 Any of the following made and approved before the appointed day--

(a) a determination of the number of junior Ministers to be appointed;

(b) a determination of the functions to be exercised by the holder of each junior Ministerial office; and

shall have effect on and after that day as if it had been made and approved under section 19.

Department of First Minister and deputy First Minister

6 Any Northern Ireland department established before the appointed day under the charge of the First Minister and deputy First Minister acting jointly shall be treated on and after that day as if it had been established by an Act of the Assembly under section 21.

Prerogative orders

7 Any prerogative order made by the Secretary of State under the Letters Patent of Her Majesty dated 20th December 1973 before the appointed day shall on and after that day have effect as if it had been validly made under section 23(3) by the First Minister and the deputy First Minister acting jointly.

Agency arrangements

8 Any arrangements made under section 11 of the [1973 c. 36.] Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if they had been made under section 28.

Statutory committees

9 (1) Any committee of the Assembly established before the appointed day to advise and assist a Northern Ireland Minister in the formulation of policy with respect to his responsibilities as a Minister shall be treated on and after that day as if it had been established by standing orders under section 29.

(2) Any appointment of a member, or the chairman or deputy chairman, of such a committee made before the appointed day shall have effect on and after that day as if it had been made under section 29.

Elections of members

10 Any order made under section 2(5) of the [1998 c. 12.] Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 34(4).

Vacancies

11 Any order made under section 3 of the [1998 c. 12.] Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 35.

Disqualification

12 A person elected on 25th June 1998 shall not be disqualified from membership of the Assembly by virtue of section 36 if he was not disqualified from such membership under section 4 of the [1998 c. 12.] Northern Ireland (Elections) Act 1998.

Presiding Officer and deputy

13 Any person appointed or elected under paragraph 3 of the Schedule to the Northern Ireland (Elections) Act 1998 who holds office immediately before the appointed day shall on and after that day hold office as Presiding Officer or, as the case may be, deputy Presiding Officer as if he had been elected by the Assembly under section 39.

Standing orders

14 Any standing orders made by the Secretary of State under paragraph 10 to the Schedule to the Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect as if they had been made by the Assembly under section 41.

Civic Forum

15 Any such arrangements as are mentioned in subsection (1) of section 56 which are made and approved before the commencement of that section shall have effect, after that commencement, as if they had been made and approved under that section.

Comptroller and Auditor General for Northern Ireland

16 Any appointment made by Her Majesty under section 36(1)(d) of the [1973 c. 36.] Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if it had been an appointment made by Her Majesty on the nomination of the Assembly under section 65.

Social security and child support

17 Any regulations made under any enactment repealed by virtue of section 87 shall have effect, with any necessary modifications as if they had been made under subsection (4) or, as the case may require, subsection (5) of that section.

Certificates by Secretary of State

18 Section 90 shall have effect--

(a) in relation to any act done before the appointed day, as if the reference to section 24 were a reference to section 19 of the Northern Ireland Constitution Act 1973 so far as relating to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department;

(b) in relation to any act done before the commencement of section 76, as if the reference to that section were a reference to section 19 of that Act so far as relating otherwise than as mentioned in sub-paragraph (a); and

(i) the reference in subsection (1)(b) to a certificate were a reference to 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; and

(ii) subsection (3)(b) were omitted.

Devolution issues

19 In relation to any time before the first appointment of the Advocate General for Scotland, paragraphs 22, 23, 33 and 34 of Schedule 10 shall have effect as if references to him were references to the Lord Advocate.

Relations with Republic of Ireland

20 The repeal effected by this Act of section 12 of the Northern Ireland Constitution Act 1973 shall not affect the operation of any agreement or arrangement made under that section.

Discrimination in legislation

21 The repeals effected by this Act shall not affect the operation of sections 17 and 18 of the [1973 c. 36.] Northern Ireland Constitution Act 1973 (read with section 23 of that Act) in relation to--

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