CAIN: Northern Ireland Act 1998

CAIN Web Service

The Northern Ireland Act 1998



[CAIN_Home]
[Key_Events] Key_Issues] [Conflict_Background]

Text: Government ... Page Compiled: Fionnuala McKenna
Material is added to this site on a regular basis - information on this page may change

  SCHEDULE 11
 
  TRIBUNAL ESTABLISHED UNDER SECTION 91
 
Introductory
     1. In this Schedule "the Tribunal" means the tribunal established under section 91.
 
 
Members
     2. - (1) The Tribunal shall consist of such number of members appointed by the Lord Chancellor as he may determine.
 
      (2) A member of the Tribunal shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
 
      (3) A member of the Tribunal may resign his office at any time by notice in writing to the Lord Chancellor.
 
 
Chairman
     3. - (1) The Lord Chancellor shall appoint one of the members of the Tribunal to be its chairman.
 
      (2) The chairman may nominate a member as deputy chairman to act in his absence.
 
      (3) A member may not be appointed as chairman or nominated as deputy chairman, unless he holds, or has held, office as a judge of the High Court, the High Court of Justice in Northern Ireland, the Court of Appeal or the Court of Appeal in Northern Ireland.
 
      (4) The chairman may resign his office at any time by notice in writing to the Lord Chancellor.
 
 
Payments to members
     4. - (1) The Lord Chancellor may pay to the members of the Tribunal such remuneration and allowances as he may determine.
 
      (2) The Lord Chancellor may, if he thinks fit in the case of any member of the Tribunal pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.
 
      (3) If a person ceases to be a member of the Tribunal and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.
 
 
Proceedings
     5. The Tribunal shall sit at such times and in such places as the Lord Chancellor may direct.
 
     6. The Tribunal shall be deemed to be duly constituted if it consists of the chairman or deputy chairman and two or more other members.
 
     7. The chairman or, in his absence, the deputy chairman, shall preside at sittings of the Tribunal.
 
 
Staff
     8. The Lord Chancellor may appoint such officers and servants for the Tribunal as he thinks fit.
 
 
Expenses
     9. The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 8 and such expenses of the Tribunal as he thinks fit.
 
 
Disqualification of Tribunal Members
     10. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert- "The Tribunal established under section 91 of the Northern Ireland Act 1998".
 
    11. In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert- "The Tribunal established under section 91 of the Northern Ireland Act 1998".
 
 
SCHEDULE 12
 
  CONSTRUCTION OF REFERENCES IN EXISTING LAWS
 
Preliminary
     1. - (1) Enactments and instruments shall, except where the context otherwise requires, be construed in accordance with this Schedule.
 
      (2) In this Schedule "instruments" includes charters, contracts and other documents.
 
 
The Parliament and the old Assembly
     2. - (1) References to the Parliament of Northern Ireland shall be construed as including references to-
 
 
    (a) the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; and
 
    (b) the Assembly.
      (2) References to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as including references to the Assembly.
 
 
Legislation etc of the Parliament or the old Assembly
     3. - (1) A reference to an Act or enactment of the Parliament of Northern Ireland shall be construed as including a reference to an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972.
 
      (2) A reference to an Act or enactment of, or a Bill in, the Parliament of Northern Ireland shall be construed as including a reference to-
 
 
    (a) a Measure or proposed Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; and
 
    (b) an Act or Bill of the Assembly.
      (3) A reference to a Measure or proposed Measure of the Assembly so established shall be construed as including a reference to an Act or Bill of the Assembly.
 
      (4) A reference to a Measure of the Assembly so established shall be construed as including a reference to an Order in Council under paragraph 1 of Schedule 1 to the Northern Ireland Act 1974.
 
     4. - (1) A reference to a resolution or other decision of the Senate or the House of Commons of the Parliament of Northern Ireland, or of either House of that Parliament, shall be construed as including a reference to a resolution or decision of-
 
 
    (a) the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; or
 
    (b) the Assembly.
      (2) A reference to a resolution or other decision of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as a reference to a resolution or decision of the Assembly.
 
     5. A reference to laying a document before, or presenting it to-
 
 
    (a) the Parliament of Northern Ireland or either House of that Parliament; or
 
    (b) the Assembly established under section 1 of the Northern Ireland Assembly Act 1973,
  shall be construed as a reference to laying it before, or presenting it to, the Assembly.
 
     6. Paragraphs 2 to 5 apply to enactments and instruments passed or made before the appointed day.
 
 
Money
     7. - (1) A reference to-
 
 
    (a) money provided by the Parliament of Northern Ireland; or
 
    (b) money appropriated by Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973,
  shall be construed as a reference to money appropriated by Act of the Assembly.
 
      (2) A reference to payment into or out of the Exchequer of Northern Ireland shall be construed as a reference to payment into or out of the Consolidated Fund of Northern Ireland.
 
      (3) This paragraph applies to enactments and instruments passed or made before the appointed day.
 
 
Office-holders and Ministers
     8. - (1) A reference to-
 
 
    (a) the Governor of Northern Ireland;
 
    (b) the Governor of Northern Ireland in Council; or
 
    (c) the making of an Order in Council by the Governor of Northern Ireland,
  shall be construed as a reference to the Secretary of State or, as the case may be, the making of an order by the Secretary of State.
 
      (2) This paragraph applies to enactments and instruments passed or made before 1st January 1974.
 
     9. - (1) A reference to-
 
 
    (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 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;
 
    (c) the Commission for Racial Equality for Northern Ireland; or
 
    (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.
 
 
 
 

 
 
 
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 Northern Ireland Assembly Act 1973;
 
    (e) Orders in Council under Schedule 1 to the 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-
 
 
"Copyright in Bills of the Northern Ireland Assembly.     166B. - (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-
 
 
"The Equality Commission for Northern Ireland.     1. 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
 
 
    (c) for paragraph 52 substitute-
 
    "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."
 
 
 

 
 
 
SCHEDULE 14
 
  TRANSITIONAL PROVISIONS AND SAVINGS
 
Human rights
     1. In relation to any time before the 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
 
    (c) an appointment of a junior Minister,
  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 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 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 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 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 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
 
    (c) in relation to any such act as is mentioned in sub-paragraph (a) or (b), as if-
 
      (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 Northern Ireland Constitution Act 1973 (read with section 23 of that Act) in relation to-
 
 
    (a) Acts of the Parliament of Northern Ireland;
 
    (b) Measures of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973;
 
    (c) Orders in Council under Schedule 1 to the Northern Ireland Act 1974; and
 
    (d) relevant subordinate instruments (within the meaning of section 17 of the Northern Ireland Constitution Act 1973) made before the appointed day.
 
Discrimination by public bodies
     22. The repeals effected by this Act shall not affect the operation of section 19 of the Northern Ireland Constitution Act 1973 (read with section 23 of that Act)-
 
 
    (a) so far as section 19 relates to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department, in relation to any act done before the appointed day;
 
    (b) so far as section 19 relates otherwise than as mentioned in sub-paragraph (a), in relation to any act done before the commencement of section 76.
 
Members' Pensions
     23. The repeals effected by this Act shall not affect the operation of the Ministerial Offices Act Northern Ireland) 1952, the Ministerial Salaries and Members' Pensions Act Northern Ireland) 1965 or the Members' Pensions (Northern Ireland) Order 1976 in relation to service completed before the appointed day.
 
  SCHEDULE 15
  REPEALS
 
Chapter or NumberShort titleExtent of repeal
 
3 Edw 7 c.37.
 
Irish Land Act 1903.
 
Sections 27 to 42.

Section 47.

 
10 & 11 Geo 5 c.67.
 
Government of Ireland Act 1920.
 
The whole Act.
 
12 Geo 5 c.2 (N.I.).
 
Exchequer and Audit Act (Northern Ireland) 1921.
 
Section 5.

Section 28(1).

 
14 & 15 Geo 5 c.11 (N.I.).
 
Ministers (Temporary Exercise of Powers) Act (Northern Ireland) 1924.
 
The whole Act.
 
10 & 11 Geo 6 c.37.
 
Northern Ireland Act 1947.
 
Section 8.

Section 9(1) and (5).

Section 14(1) and (2).

 
1 & 2 Eliz 2 c.3.
 
Public Works Loans Act 1952.
 
Section 6.
 
1 & 2 Eliz 2 c.15 (N.I.).
 
Ministerial Offices Act (Northern Ireland) 1952.
 
The whole Act.
 
2 & 3 Eliz 2 c.33 (N.I.).
 
Interpretation Act (Northern Ireland) 1954.
 
Section 13(2).

In section 46(2), in the definition of "the constitutional laws of Northern Ireland", the words "the Government of Ireland Act 1920, and" and "amending or extending it or otherwise".

 
1965 c.18 (N.I.).
 
Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965.
 
The whole Act.
 
1969 c.7 (N.I.).
 
Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969.
 
Section 4.
 
1972 c.22.
 
Northern Ireland (Temporary Provisions) Act 1972.
 
The whole Act.
 
1973 c.17.
 
Northern Ireland Assembly Act 1973.
 
The whole Act.
 
1973 c.36.
 
Northern Ireland Constitution Act 1973.
 
Sections 1 to 9.

Sections 11 to 32.

Section 33(1).

Section 36(1)(d).

Section 37(1).

Sections 38 to 40.

Schedules 1 to 5.

 
1973 c.69.
 
Northern Ireland Constitution (Amendment) Act 1973.
 
The whole Act.
 
1974 c.28.
 
Northern Ireland Act 1974.
 
The whole Act.
 
1975 c.24.
 
House of Commons Disqualification Act 1975.
 
In Schedule 1, in Part II, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entry relating to the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.
 
1975 c.25.
 
Northern Ireland Assembly Disqualification Act 1975.
 
Section 5(1).

In Schedule 1, in Part II, the entries relating to the Commission for Racial Equality for Northern Ireland, the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entries relating to the Additional Commissioner of the Commission for Racial Equality for Northern Ireland and the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland.

Schedule 2.

 
1976 c.25.
 
Fair Employment (Northern Ireland) Act 1976.
 
Section 1(2).

Section 58(1).

Schedule 1.

Schedule 6.

 
S.I. 1976/426 (N.I.8).
 
Members' Pensions (Northern Ireland) Order 1976.
 
The whole Order.
 
S.I. 1976/1042 (N.I.15).
 
Sex Discrimination (Northern Ireland) Order 1976.
 
In Article 2(2), the definition of "the interim period".

Article 54(2) to (4).

Schedule 3.

In Schedule 6, paragraph 2.

 
S.I. 1979/1573 (N.I.12).
 
Statutory Rules (Northern Ireland) Order 1979.
 
In Article 7(1), the words from "subject to" to "1974".

Article 11(4).

In Schedule 4, paragraph 14.

 
1981 c.35.
 
Finance Act 1981.
 
Section 137(1) and (2).
 
S.I. 1982/713 (N.I.10).
 
Probation Board (Northern Ireland) Order 1982.
 
In Schedule 1, paragraph 1(2).
 
1982 c.38.
 
Northern Ireland Act 1982.
 
The whole Act.
 
S.I. 1984/1821 (N.I.11).
 
Fire Services (Northern Ireland) Order 1984.
 
In Article 5(1)(f), the words "under section 12 of the Northern Ireland Constitution Act 1973".
 
1986 c.50.
 
Social Security Act 1986.
 
In Schedule 9, paragraph 6.
 
1986 c.53.
 
Building Societies Act 1986.
 
Section 122(2).
 
1986 c.56.
 
Parliamentary Constituencies Act 1986.
 
In Schedule 3, paragraphs 1 and 2.
 
1986 c.60.
 
Financial Services Act 1986.
 
Section 209(2).
 
S.I. 1986/595 (N.I.4).
 
Mental Health (Northern Ireland) Order 1986.
 
In Schedule 5, in Part II the amendment of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965.
 
1987 c.22.
 
Banking Act 1987.
 
Section 109(2).
 
1987 c.43.
 
Consumer Protection Act 1987.
 
Section 49(2).
 
S.I. 1987/460 (N.I.5).
 
Audit (Northern Ireland) Order 1987.
 
In Article 2(2), the definition of "the interim period".

Article 4(2), (6) and (7).

Article 6(6).

Article 11(2) and (3).

In Schedule 1, paragraph 4(3).

In Schedule 2, paragraph 4(3).

 
S.I. 1987/2203 (N.I.22).
 
Adoption (Northern Ireland) Order 1987.
 
In Schedule 4, paragraph 1.
 
1989 c.6.
 
Official Secrets Act 1989.
 
Section 12(1)(b).
 
1989 c.32.
 
Fair Employment (Northern Ireland) Act 1989.
 
In section 21(1), the definition of "the Commission".

In Schedule 2, paragraphs 2, 5, 6 and 22 to 28.

 
1989 c.40.
 
Companies Act 1989.
 
In section 213(7), the words from "Subject to any Order" to the end.
 
1990 c.37.
 
Human Fertilisation and Embryology Act 1990.
 
Section 48(2).
 
1990 c.42.
 
Broadcasting Act 1990.
 
In Schedule 20, paragraph 19.
 
1990 c.43.
 
Environmental Protection Act 1990.
 
Section 3(8).

Section 153(5).

 
1991 c.48.
 
Child Support Act 1991.
 
Section 23(4) and (5).

Section 56(2) to (4).

In Schedule 5, paragraph 2.

 
S.I. 1991/2628 (N.I.23).
 
Child Support (Northern Ireland) Order 1991.
 
Article 49(2) and (3).
 
1992 c.5.
 
Social Security Administration Act 1992.
 
Sections 177 and 178.

Schedule 8.

 
1992 c.8.
 
Social Security Administration (Northern Ireland) Act 1992.
 
Sections 153 and 154.

In section 167(1), the definition of "Joint Authority".

 
1992 c.40.
 
Friendly Societies Act 1992.
 
Section 124(2).
 
1993 c.36.
 
Criminal Justice Act 1993.
 
Section 79(11).
 
1993 c.39.
 
National Lottery etc. Act 1993.
 
Section 63(2).
 
1993 c.48.
 
Pension Schemes Act 1993.
 
In section 167(2), the words "section 177 (co-ordination with Northern Ireland)".

Section 187.

 
1993 c.49.
 
Pension Schemes (Northern Ireland) Act 1993.
 
In section 163(2), the words "section 153 (co-ordination with Great Britain)".
 
S.I. 1993/1252 (N.I.5).
 
Financial Provisions (Northern Ireland) Order 1993.
 
Article 8(6A).
 
1994 c.26.
 
Trade Marks Act 1994.
 
In Schedule 4, the entry in paragraph 1(2) relating to the Northern Ireland Constitution Act 1973.
 
1995 c.34.
 
Child Support Act 1995.
 
Section 29(2) to (4).
 
S.I. 1995/2702 (N.I.13).
 
Child Support (Northern Ireland) Order 1995.
 
Article 20.
 
1996 c.11.
 
Northern Ireland (Entry to Negotiations, etc.) Act 1996.
 
The whole Act.
 
1996 c.22.
 
Northern Ireland (Emergency Provisions) Act 1996.
 
In Schedule 6, paragraph 1.
 
S.I. 1996/1297 (N.I.7).
 
Commissioner for Complaints (Northern Ireland) Order 1996.
 
Article 23(1).

In Schedule 2, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Commission for Racial Equality for Northern Ireland.

Schedule 4.

 
S.I. 1996/1298 (N.I.8).
 
Ombudsman (Northern Ireland) Order 1996.
 
Article 3(3).

In Schedule 5, the amendments of sections 19 to 22 of the Northern Ireland Constitution Act 1973 and the Northern Ireland Act 1974.

 
S.I. 1997/869 (N.I.6).
 
Race Relations (Northern Ireland) Order 1997.
 
Article 42(1) and (3) to (5).

Schedule 1.

In Schedule 2, paragraphs 1 and 7.

 
1998 c.12.
 
Northern Ireland (Elections) Act 1998.
 
The whole Act.
 
1998 c.32.
 
Police (Northern Ireland) Act 1998.
 
Section 1(2).

Section 18(4).

 
1998 c.47.
 
Northern Ireland Act 1998.
 
In Schedule 13, paragraph 18.
 
1998 c.48.
 
Registration of Political Parties Act 1998.
 
In section 2(2)(e) the word "New".
 
S.I. 1998/749 (N.I.4).
 
Financial Provisions (Northern Ireland) Order 1998.
 
Article 7.

Table of Contents


CAIN contains information and source material on the conflict and politics in Northern Ireland.
CAIN is based within the University of Ulster.


go to the top of this page go to the top of this page
Last modified :