Northern Ireland Act 1998
What this means for your business
- Enforced by
- Mining Remediation Authority, National Highways, Natural England
- Applies to
- United Kingdom
- On this page
- 4 compliance obligations, 4 practical guides across 4 topics
What you must do
4 compliance obligations under this legislation — 1 can result in imprisonment.
Offences and prohibitions 3
Fail to comply with Commission notice or give false evidence
Unlimited fineIf the Commission serves you with a written notice demanding information, documents or oral evidence, you must comply unless you have a reasonable excuse. Failing to do so, falsifying anything you provide, or lying when giving evidence is a criminal offence. On conviction you face an unlimited fine on summary conviction (Magistrates' Court).
Fail to comply with court order not to obstruct the Commission
Unlimited fineIf a court orders you not to block the Commission’s power to enter a place of detention and you do so without a reasonable excuse, you commit a criminal offence. On summary conviction you face an unlimited fine. No prison sentence is provided for this offence.
Fail to comply with witness or document notice
3 months imprisonmentIf you are served with a formal notice to attend a proceeding, answer questions or produce documents, and you refuse, do not attend, fail to answer, destroy, conceal or withhold the documents, you commit an offence. On conviction in the magistrates' court you face an unlimited fine or up to three months' imprisonment. You can defend yourself by showing you had a reasonable excuse for the refusal or failure.
Reporting and filing 1
Send Assembly documents to the Secretary of State when the Assembly isn’t functioning
If your organisation would normally submit minutes, accounts, reports or other documents to the Northern Ireland Assembly, you must instead forward a copy of those documents to the Secretary of State while the Assembly is not operating. The Secretary of State will then lay them before the House of Commons.
Penalties for non-compliance
3 penalties under this legislation. 1 can result in imprisonment. 3 carry an unlimited fine.
Fail to comply with witness or document notice
Unlimited fine and/or 3 months imprisonment
Fail to comply with Commission notice or give false evidence
Unlimited fine
Fail to comply with court order not to obstruct the Commission
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Doing business in Northern Ireland: key differences from Great Britain
Comprehensive reference of the key regulatory divergences between Northern Ireland and Great Britain. Covers employment law, equality legislation, planning, business …
Employment law in Northern Ireland: key differences from Great Britain
How employment law in Northern Ireland differs from Great Britain. Covers the Orders in Council legislative framework, the absence of …
Cross-border business between Northern Ireland and the Republic of Ireland
How the Common Travel Area, cross-border employment rules, and shared institutions affect businesses operating across the Northern Ireland and Republic …
Business support and grants in Northern Ireland
Key business support organisations and grant programmes available to businesses in Northern Ireland. Covers Invest NI, Go For It, Enterprise …
Sections and provisions
185 classified provisions from this legislation.
Duties 34
- s.4 Transferred, excepted and reserved matters. The Secretary of State
- s.8 Consent of Secretary of State required in certain cases.
- s.9 Scrutiny by Ministers.
- s.10 Scrutiny by Presiding Officer. Standing orders
- s.13 Stages of Bills.
- s.16B Vacancies in the office of First Minister or deputy First Minister
- s.21A Northern Ireland department with policing and justice functions
- s.28D Strategies relating to Irish language and Ulster Scots language etc
- s.28E Strategy relating to poverty, social exclusion etc
- s.29 Statutory committees.
- s.29B Review of operation of sections 16A to 16C
- s.29C Review of functions relating to judicial appointments and removals
- s.29A Committee to review functioning of Assembly and Executive Committee
- s.40A Undertaking by members
- s.40 Commission.
- s.47 Remuneration of members.
- s.52B Section 52A: duty to attend Council meetings etc
- s.52A North-South Ministerial Council and British-Irish Council appropriate Minister
- s.54 British-Irish Intergovernmental Conference.
- s.56 Civic Forum. The arrangements so made
- ... and 14 more duties
Offences and penalties 5
Powers 47
- Schedule 5 Northern Ireland Assembly Commission
- s.5 Acts of the Northern Ireland Assembly.
- Schedule 8 The Equality Commission for Northern Ireland
- s.11 Scrutiny by the Supreme Court.
- s.14 Submission by Secretary of State.
- s.16A Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election
- s.17 Ministerial offices.
- s.18 Northern Ireland Ministers.
- s.19 Junior Ministers.
- s.25 Excepted and reserved matters.
- s.26 International obligations.
- s.30A Secretary of State’s powers in relation to exclusion
- s.31 Dates of elections and dissolutions.
- s.32 Extraordinary elections.
- s.34 Elections and franchise.
- s.35 Vacancies.
- s.36 Disqualification.
- s.37 Effect of disqualification and provision for relief.
- s.38 Disqualification: judicial proceedings.
- s.44 Power to call for witnesses and documents.
- ... and 27 more powers
Definitions 24
- s.1 Status of Northern Ireland.
- s.6 Legislative competence.
- s.7 Entrenched enactments.
- s.16C Sections 16A and 16B: supplementary the relevant time the pledge of office
- s.21 Northern Ireland departments.
- s.21B Section 21A(5A) and (7C): transitional provision
- s.27 Quotas for purposes of international etc obligations.
- s.28A Ministerial Code the Ministerial Code
- s.75 Statutory duty on public authorities. public authority specified
- s.78G The Office of Identity and Cultural Expression the Office
- s.78L Functions of the Commissioner
- s.78R The Commissioner the Commissioner
- s.78J Recognition of the status of the Irish language
- s.78Q Meaning of “public authority” public authority
- s.78K The Irish Language Commissioner the Commissioner
- s.78S Functions of the Commissioner Ulster Scots services
- s.78F National and cultural identity principles public authority
- s.78U Meaning of “public authority” public authority
- s.83 Interpretation of Acts of the Assembly etc. Northern Ireland authority
- s.95 Savings for existing laws.
- ... and 4 more definitions
Exemptions 25
- Schedule 2 Excepted matters
- Schedule 3 Reserved matters
- Schedule 9 Equality: enforcement of duties
- s.15 Parliamentary control where consent given.
- s.19A Disqualification for certain offices which may be held by members of the Assembly.
- s.21C Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy Ministerial office
- s.24 ... Convention rights ... etc.
- s.28B Power to refer Ministerial decision to Executive Committee
- s.30B Secretary of State’s powers in exceptional circumstances
- s.50 Privilege.
- s.60 Financial control, accounts and audit.
- s.65 Audit.
- s.69B Investigations: national security
- s.71 Restrictions on application of rights.
- s.76 Discrimination by public authorities.
- s.78 Removal of restrictions on investigation into maladministration.
- s.85 Provision dealing with certain reserved matters.
- s.87 Consultation and co-ordination.
- s.89 Industrial Injuries Advisory Council.
- s.96 Orders and regulations.
- ... and 5 more exemptions