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The North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999

Type Statutory-Instrument

Publication 1999-03-10

Last updated 2023-05-18

State In force

Department King's Printer of Acts of Parliament

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Made: 10th March 1999

Coming into force in accordance with Article 1(2)

Now, therefore, the Secretary of State, in exercise of the powers conferred by section 55 of the Northern Ireland Act 1998[^f00001] hereby makes the following Order:—

PART I — INTRODUCTORY

Title, commencement and extent

1

(1) This Order may be cited as the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999.

(2) This Order shall come into force on the appointed day[^f00002].

(3) This Order does not extend to England and Wales or Scotland.

Interpretation

2

(1) In this Order “NSMC” means the North/South Ministerial Council.

(2) References in this Order to things done by NSMC are references to things done in pursuance of an agreement or arrangement entered into in NSMC in accordance with Part V of the Northern Ireland Act 1998 and the Belfast Agreement[^f00003].

(3) In this Order “the Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland.

The Agreement

3

(1) In this Order “the Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies done at Dublin on the 8th day of March 1999.

(2) The text of the Agreement is set out in Schedule 1.

(3) In this Order any reference to a provision of the Agreement is a reference to that provision as set out in Schedule 1; and in any such provision references to things done by NSMC shall be construed in accordance with Article 2(2).

(4) In this Order “the supplementary Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland constituted by the exchange of letters dated 18 June 1999, the texts of which are set out in Schedule 1A.

(5) In this Order “the further supplementary Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland constituted by the exchange of letters dated 25th July 2006, the texts of which are set out in Schedule 1B

PART II — INLAND WATERWAYS

The implementation body for inland waterways

4

(1) In this Part “the Body” means Waterways Ireland established by the Agreement.

(2) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 1 of Annex 1 to the Agreement.

(3) The arrangements specified in Parts 1 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply in relation to the Body.

(4) Paragraph 1 of Article 3 of the Agreement shall apply in relation to the Body.

(5) Schedule 2 shall have effect in relation to the Body.

Transfer to the body of existing statutory functions

5

(1) The functions exercisable immediately before the appointed day by the Department of Culture, Arts and Leisure—

(a) under or for the purposes of the enactments set out in paragraph 2 of Schedule 3; and

(b) in relation to the waterway mentioned in paragraph 1.1(a) of Part 1 of Annex 2 to the Agreement,

shall as from that day be exercisable by the Body.

(2) The functions exercisable immediately before 1st April 2000 by the Department of Culture, Arts and Leisure—

(a) under or for the purposes of the enactments set out in Schedule 3; and

(b) in relation to the waterways mentioned in paragraph 1.2 of Part 1 of Annex 2 to the Agreement,

shall as from that day be exercisable by the Body.

(3) The functions exercisable by the Department for Infrastructure immediately before the day specified by NSMC in accordance with paragraph 1.3 of Part 1 of Annex 2 to the Agreement—

(a) under or for the purposes of the enactments set out in Schedule 3; and

(b) in relation to the waterway mentioned in paragraph 1.3 of Part 1 of Annex 2 to the Agreement,

shall as from that day be exercisable by the Body.

(4) The functions exercisable by the Department for Infrastructure immediately before the prescribed day—

(a) under or for the purposes of the enactments set out in Schedule 3; and

(b) in relation to a prescribed waterway,

shall as from that day be exercisable by the Body.

(5) In paragraph (4) “prescribed” means prescribed by an order made by the Department for Infrastructure in pursuance of a decision of NSMC under paragraph 1.4 of Part 1 of Annex 2 to the Agreement; and any such order may amend Schedule 3 by the addition of any enactment.

(6) An order under paragraph (5) shall—

(a) be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979[^f00004]; and

(b) be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954[^f00005].

(7) Schedule 4 (which makes supplementary and transitional provisions in connection with the preceding provisions of this Article) shall have effect.

Grants to the body

6

(1) The Department of Culture, Arts and Leisure may make grants to the Body out of money appropriated by Act of the Assembly.

(2) Such grants shall be of such amounts and be made on such terms and conditions as that Department may, with the approval of the Department of Finance and Personnel, determine.

Annual report and accounts

7

The Department for Infrastructure shall lay before the Assembly a copy of—

(a) the annual report of the Body;

(b) the annual statement of accounts of the Body, certified by the Comptroller and Auditor General; and

PART III — FOOD SAFETY

The implementation body for food safety

8

(1) In this Part “the Body” means the Food Safety Promotion Board established by the Agreement.

(2) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 2 of Annex 1 to the Agreement.

(3) The arrangements specified in Parts 2 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply in relation to the Body.

(4) Paragraph 1 of Article 3 of the Agreement shall apply in relation to the Body.

(5) Schedule 2 shall have effect in relation to the Body.

Grants to the body

9

(1) The Department of Health, Social Services and Public Safety may make grants to the Body out of money appropriated by Act of the Assembly.

(2) Such grants shall be of such amounts and be made on such terms and conditions as that Department may, with the approval of the Department of Finance and Personnel, determine.

Annual report and accounts

10

The Minister of Health, Social Services and Public Safety shall lay before the Assembly a copy of—

(a) the annual report of the Body;

(b) the annual statement of accounts of the Body, certified by the Comptroller and Auditor General; and

PART IV — TRADE AND BUSINESS DEVELOPMENT

The implementation body for trade and business development

11

(1) In this Part “the Body” means the Trade and Business Development Body established by the Agreement.

(2) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 3 of Annex 1 to the Agreement.

(3) The arrangements specified in Parts 3 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply in relation to the Body.

(4) Paragraph 1 of Article 3 of the Agreement shall apply in relation to the Body.

(5) Schedule 2 shall have effect in relation to the Body.

Grants to the body

12

(1) The Department of Enterprise, Trade and Investment may make grants to the Body out of money appropriated by Act of the Assembly.

(2) Such grants shall be of such amounts and be made on such terms and conditions as that Department may, with the approval of the Department of Finance and Personnel, determine.

Annual report and accounts

13

The Minister of Enterprise, Trade and Investment shall lay before the Assembly a copy of—

(a) the annual report of the Body;

(b) the annual statement of accounts of the Body, certified by the Comptroller and Auditor General; and

PART V — SPECIAL EU PROGRAMMES

The implementation body for special EU programmes

14

(1) In this Part “the Body” means the Special EU Programmes Body established by the Agreement.

(2) Subject to paragraph (3A), the functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 4 of Annex 1 to the Agreement.

(3) Subject to paragraph (3A), the arrangements specified in Parts 4 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply in relation to the Body.

(3A) For the purposes of paragraphs (2) and (3), Part 4 of Annex 1 and Part 4 of Annex 2 to the Agreement shall be construed in accordance with—

(a) the supplementary Agreement; and

(b) the further supplementary Agreement.

(4) Paragraph 1 of Article 3 of the Agreement shall apply in relation to the Body.

(5) Schedule 2 shall have effect in relation to the Body.

Grants to the body

15

(1) The Department of Finance and Personnel may make grants to the Body of such amounts and on such terms and conditions as it may determine.

(2) Any other Northern Ireland department may make grants to the Body of such amounts and on such terms and conditions as it may, with the approval of the Department of Finance and Personnel, determine.

(3) Grants under this Article shall be made out of money appropriated by Act of the Assembly.

Annual report and accounts

16

The Minister of Finance and Personnel shall lay before the Assembly a copy of—

(a) the annual report of the Body;

(b) the annual statement of accounts of the Body, certified by the Comptroller and Auditor General; and

PART VI — LANGUAGE

The implementation body for language

17

(1) In this Part “the Body” means the North/South Language Body established by the Agreement.

(2) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 5 of Annex 1 to the Agreement.

(3) The arrangements specified in Parts 5 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply in relation to the Body.

(4) Paragraph 1 of Article 3 of the Agreement shall apply in relation to the Body.

(5) Schedule 2 shall have effect in relation to the Body.

Grants to the body

18

(1) The Department of Culture, Arts and Leisure may make grants to the Body out of money appropriated by Act of the Assembly.

(2) Such grants shall be of such amounts and be made on such terms and conditions as that Department may, with the approval of the Department of Finance and Personnel, determine.

Annual report and accounts

19

The Minister of Culture, Arts and Leisure shall lay before the Assembly a copy of—

(a) the annual report of the Body;

(b) the annual statement of accounts of the Body, certified by the Comptroller and Auditor General; and

PART VII — AQUACULTURE AND MARINE MATTERS

The implementation body for aquaculture and marine matters

20

(1) In this Part “the Body” means the Foyle, Carlingford and Irish Lights Commission established by the Agreement.

(2) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 6 of Annex 1 to the Agreement.

(3) The arrangements specified in Parts 6 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply in relation to the Body.

(4) Paragraph 1 of Article 3 of the Agreement shall apply in relation to the Body.

(5) Schedule 2 shall have effect in relation to the Body.

Transfer to the body of existing statutory functions

21

(1) The functions exercisable immediately before the appointed day by the Foyle Fisheries Commission shall as from that day be exercisable by the Body.

(2) The Foyle Fisheries Commission is hereby dissolved.

(3) The Foyle Fisheries Act (Northern Ireland) 1952[^f00006] (in this Part referred to as “the 1952 Act”) shall apply in relation to the Carlingford Area as it applies in relation to the Foyle Area and accordingly the functions of the Body shall be exercisable in relation to the Carlingford Area as they are exercisable in relation to the Foyle Area.

(4) In this Part “the Carlingford Area” has the meaning assigned to it by section 3(1A) of the 1952 Act (as inserted by Schedule 6 to this Order).

(5) Schedule 5 (which makes supplementary and transitional provisions in connection with the preceding provisions of this Article) shall have effect.

Grants to the body

22

(1) The Department of Agriculture and Rural Development may make grants to the Body out of money appropriated by Act of the Assembly.

(2) Such grants shall be of such amounts and be made on such terms and conditions as that Department may, with the approval of the Department of Finance and Personnel, determine.

Annual report and accounts

23

The Minister of Agriculture and Rural Development shall lay before the Assembly a copy of—

(a) the annual report of the Body;

(b) the annual statement of accounts of the Body, certified by the Comptroller and Auditor General; and

Consequential amendments and repeals

24

(1) The statutory provisions set out in Schedule 6 shall have effect subject to the amendments specified therein, being amendments consequential on this Part.

(2) The statutory provisions set out in Schedule 7 are hereby repealed to the extent specified in column 3 of that Schedule.

SCHEDULE 1 — TEXT OF THE AGREEMENT

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF IRELAND ESTABLISHING IMPLEMENTATION BODIES

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland:

Having regard to Article 2 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland done at Belfast on 10th April 1998 (“the British–Irish Agreement”), and to the Multi-Party Agreement reached at Belfast on 10th April 1998 (“the Multi-Party Agreement”), annexed to the British–Irish Agreement;

Recalling that the participants in the multi-party negotiations pledged that they would in good faith work to ensure the success of each and every one of the arrangements to be established under the Multi-Party Agreement, and that it was accepted that “all of the institutional and constitutional arrangements—an Assembly in Northern Ireland, a North/South Ministerial Council, implementation bodies, a British–Irish Council, and a British–Irish Intergovernmental Conference and any amendments to British Acts of Parliament and the Constitution of Ireland—are interlocking and interdependent and that in particular the functions of the Assembly and the North/South Council are so closely inter-related that the success of each depends on that of the other”;

Have agreed as follows:

ARTICLE 1

Under and in furtherance of Article 2 of the British–Irish Agreement the following Bodies are hereby established:

(a) an implementation body for inland waterways, to be known as Waterways Ireland;

(b) an implementation body for food safety, to be known as The Food Safety Promotion Board;

(d) an implementation body for special EU programmes, to be known as The Special EU Programmes Body;

(e) an implementation body for language, to be known as The North/South Language Body, which shall be known in Irish as An Foras Teanga or in Ullans as Tha Boord o Leid;

(f) an implementation body for aquaculture and marine matters, to be known as The Foyle, Carlingford and Irish Lights Commission.

ARTICLE 2

1

The functions of each Body shall be those specified in the relevant part of Annex 1 hereto insofar, in relation to Northern Ireland, as they relate to matters within the competence of Northern Ireland Ministers.

2

Each Body shall exercise its functions and be structured in accordance with the arrangements set out in the relevant parts of Annex 2 hereto.

ARTICLE 3

ARTICLE 4

In relation to the Body for aquaculture and marine matters, Articles 2 and 3 shall apply subject to any arrangements which the two Governments shall determine for the provision and maintenance of aids to navigation pursuant to paragraph 7.1 of Part 6 of Annex 2 hereto.

ARTICLE 5

The North/South Ministerial Council may propose to the two Governments amendments to Annexes 1 and 2 hereto. Such amendments may be made by the two Governments by exchange of notes.

ARTICLE 6

Each Body shall have legal personality. Its legal capacity shall include the capacity to contract, to acquire and dispose of property and to institute legal proceedings.

ARTICLE 7

ARTICLE 8

This Agreement supplements the provisions of the British–Irish Agreement and shall be read together with that Agreement.

ARTICLE 9

This Agreement shall enter into force on the date on which the British–Irish Agreement enters into force.

ANNEX 1

PART 1 — Inland Waterways

A Body with the following functions:

Management, maintenance, development and restoration of the inland navigable waterway system throughout the island, principally for recreational purposes:

immediately in respect of the Shannon–Erne Waterway and of the possible restoration and development of the Ulster Canal;

progressively thereafter, in respect of the wider Shannon–Erne system and the island’s other waterways (principally the Royal Canal, Grand Canal, Barrow and Lagan).

The Body would take on the functions, together with the appropriate support functions, exercised in that regard by the Waterways Service of the Department of Arts, Heritage, Gaeltacht and the Islands and the Rivers Agency of the Department of Agriculture in Northern Ireland, and would also take over the functions of Shannon–Erne Waterway Promotions Ltd.

PART 2 — Food Safety

A Body with the following functions:

promotion of food safety

research into food safety

communication of food alerts

surveillance of food-borne diseases

promotion of scientific co-operation and linkages between laboratories

development of cost-effective facilities for specialised laboratory testing.

PART 3 — Trade and Business Development

A body to exchange information and co-ordinate work on trade, business development and related matters, in areas where the two administrations specifically agree it would be in their mutual interest.

The specific areas of implementation would include:

co-operation on business development opportunities, North and South;

devising new approaches to business development in a cross-border context, in such areas as research, training, marketing and quality improvement;

supporting business by making recommendations to increase enterprise competitiveness in a north–south context in areas such as skills availability, telecoms, IT and electronic commerce;

promotion of north–south trade and supply chains, including through business linkages and partnerships;

promoting cross-border trade events and marketing initiatives;

identifying new areas of trade between North and South;

promoting market awareness and trade development in a north–south context;

undertaking specific projects and events in relation to trade promotion, when tasked jointly on a project by project basis;

providing advice on specific aspects of trade promotion, when tasked jointly to do so.

Existing economic agencies North and South would continue to be funded by and operate under the direction of their respective administrations.

PART 4 — Special EU Programmes

A Body with the following functions:

Until the conclusion of the current Community Initiatives

the central secretariat, monitoring, research, evaluation, technical assistance and development roles currently exercised jointly in respect of INTERREG and PEACE by the Department of Finance and the Department of Finance and Personnel;

administration of certain sectoral sub-programmes under INTERREG and PEACE (interest rate subsidy and cross border co-operation between public bodies).

In relation to post-1999 Structural Funds

advising North/South Ministerial Council and two Departments of Finance on negotiation with the EU Commission of post-1999 Community Initiatives and of Common Chapter;

preparing, for the approval of the two administrations in the Council and in close consultation with the two Departments of Finance and other relevant Departments, detailed programme proposals under the new Community Initiatives (likely to be INTERREG III, LEADER III and EQUAL, and possibly a successor to PEACE);

central secretariat, monitoring, research, evaluation, technical assistance and development roles in respect of these Initiatives;

grant-making and other managerial functions in respect of INTERREG III and of north–south elements of programmes under other Initiatives, within the framework of the relevant overall policies of North and South respectively, and subject to the expenditure allocations and specific programme parameters agreed between the two administrations and with the EU Commission;

monitoring and promoting implementation of the Common Chapter, which would have a specific budgetary allocation.

PART 5 — Language

One Body, with two separate parts, with the following functions:

Irish Language

promotion of the Irish language;

facilitating and encouraging its use in speech and writing in public and private life in the South and, in the context of Part III of the European Charter for Regional or Minority Languages, in Northern Ireland where there is appropriate demand;

advising both administrations, public bodies and other groups in the private and voluntary sectors;

undertaking supportive projects, and grant-aiding bodies and groups as considered necessary;

undertaking research, promotional campaigns, and public and media relations;

developing terminology and dictionaries;

supporting Irish-medium education and the teaching of Irish.

Ulster Scots

promotion of greater awareness and use of Ullans and of Ulster Scots cultural issues, both within Northern Ireland and throughout the island.

PART 6 — Aquaculture and Marine Matters

A Body with the following functions:

Lough Foyle and Carlingford Lough

promotion of development of Lough Foyle and Carlingford Lough, for commercial and recreational purposes;

existing functions of Foyle Fisheries Commission in regard to inland fisheries conservation, protection, management and development, and equivalent functions in respect of Carlingford Lough;

development and licensing of aquaculture;

development of marine tourism.

Lighthouses

existing functions of the Commissioners of Irish Lights in respect of providing and maintaining aids to navigation along the coast of the whole island of Ireland and its adjacent seas and islands.

Given that the CIL functions in an East–West context, arrangements to maintain linkage with the relevant British authorities.

ANNEX 2 — DEFINITIONS

In this Annex—

“the Finance Departments” means the Northern Ireland Department of Finance and Personnel and the Irish Department of Finance;

“the Finance Ministers” means the Northern Ireland Minister of Finance and Personnel and the Irish Minister for Finance;

“NSMC” means the North/South Ministerial Council.

PART 1 — Inland Waterways

EXERCISE OF FUNCTIONS

STRUCTURE

PART 2 — Food Safety

EXERCISE OF FUNCTIONS

3

Communication of food alerts:

4

Surveillance of food borne diseases:

5

Promotion of scientific co-operation and linkages between laboratories:

6

Developing of cost-effective facilities for specialised laboratory testing:

7.1

The Body will draw on the pool of scientific advice and expertise available separately to the Northern Ireland and Irish food safety regimes.

8

The Body will issue reports on specific issues related to its functions, either on request from NSMC, or on its own initiative.

9

The Body will have all the powers necessary for, or incidental to, the exercise of its functions.

STRUCTURE

10.1

The Body will have an Advisory Board consisting of not fewer than 8 and not more than 12 members, including a Chairperson and a Vice-Chairperson. NSMC will appoint the members, including one member as Chairperson and one member as Vice-Chairperson.

11.1

The term of office of the first members of the Advisory Board will be 3 years. The term of subsequent appointments may be varied by NSMC to facilitate continuity of membership but will not exceed 5 years. Members will not serve more than 2 consecutive terms.

PART 3 — Trade and Business Development

EXERCISE OF FUNCTIONS

STRUCTURE

PART 4 — Special EU Programmes

EXERCISE OF FUNCTIONS

STRUCTURE

PART 5 — Language

EXERCISE OF FUNCTIONS

STRUCTURE

PART 6 — Aquaculture and Marine Matters

EXERCISE OF FUNCTIONS

STRUCTURE

PART 7 — Common Arrangements

The following arrangements will apply to all six implementation bodies.

ACCOUNTABILITY AND REPORTING

FINANCIAL ARRANGEMENTS

STAFFING ARRANGEMENTS

PROCEDURE

OMBUDSMAN

CODE OF CONDUCT

FREEDOM OF INFORMATION

DATA PROTECTION

SCHEDULE 2 — IMPLEMENTATION BODIES—COMMON PROVISIONS

Interpretation

1

In this Schedule “a Body” means an implementation body established by the Agreement.

Status

2

A Body shall have the legal capacities of a body corporate.

Directions to the Body

3

A Body shall act in accordance with any direction given by the Secretary of State for Foreign and Commonwealth Affairs under Article 7 of the Agreement.

Evidence

4

(1) Judicial notice shall be taken of the seal of a Body.

(2) A document purporting to be duly executed under the seal of a Body shall, unless the contrary is shown, be received in evidence and be deemed to be such a document without further proof.

Ombudsman

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 — ENACTMENTS RELATING TO FUNCTIONS TRANSFERRED TO WATERWAYS IRELAND

1

In the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955[^f00008], sections 5, 6(3), 7, 9 and 12 to 14.

2

Part III of the Water (Northern Ireland) Order 1999[^f00009] (except Articles 47 and 53 to 56) and Schedules 4 and 5 to that Order so far as applying for the purposes of that Part.

SCHEDULE 4 — SUPPLEMENTARY AND TRANSITIONAL PROVISIONS IN CONNECTION WITH TRANSFER OF FUNCTIONS TO WATERWAYS IRELAND

1

(1) In this Schedule—

“a relevant transfer” means a transfer of functions under paragraph (1), (2), (3) or (4) of Article 5;

“the transfer date”, in relation to a relevant transfer, means the day on which the transfer takes effect.

(2) In the construction and for the purposes of any enactment or document passed, made or issued before the transfer date, any reference to, or which is to be construed as a reference to, the Department for Infrastructure (in this Schedule referred to as “the Department”) shall, so far as may be necessary for the purpose of a relevant transfer, be construed as a reference to the Body.

(3) A relevant transfer shall not affect the validity of any enactment or document made or issued or any other act done by, or in relation to, the Department before the transfer date; and any such enactment, document or act shall, if in force immediately before that date, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Body.

(4) Anything (including any legal proceedings) in the process of being done by or in relation to the Department immediately before the transfer date may, so far as it relates to any function transferred to the Body, be continued by or in relation to the Body.

(5) All property, rights and liabilities to which the Department is entitled or subject immediately before the transfer date in connection with any functions transferred to the Body shall on that date be transferred to, and by virtue of this Order vest in, the Body.

(6) Sub-paragraph (5) does not apply in relation to rights and liabilities which are dealt with in paragraph 2 (transfer of staff).

(7) A certificate signed by the Minister for Infrastructure that any property, right or liability has vested in the Body under sub-paragraph (5) or paragraph 2 shall be conclusive evidence of that fact for all purposes.

2

(1) Any person who—

(a) immediately before the transfer date is employed in the Northern Ireland Civil Service;

(b) is so employed for the purposes of any functions which are transferred to the Body on that date and either—

(i) is so employed wholly or mainly for those purposes; or

(ii) consents to being designated under this sub-paragraph, and

shall on such date as the Department may designate (“the designated date”) be transferred to the employment of the Body.

(2) A designation under sub-paragraph (1) (whether of a person or a date) may be made at any time before, or within a period of two years beginning on, the transfer date; but a designated date must fall within that period of two years.

(3) Before making a designation under sub-paragraph (1) in relation to any person, the Department shall consult—

(a) that person; and

(b) any recognised trade union of which he is a member.

(4) Sub-paragraphs (2) to (5) of paragraph 3 of Schedule 5 shall apply in relation to a person transferred under sub-paragraph (1) as they apply in relation to a person to whom that paragraph applies, but as if—

(a) for references to the transferor there were substituted references to a Northern Ireland department;

(b) for references to the Body within the meaning of that Schedule there were substituted references to the Body within the meaning of this Schedule;

(d) any reference to the appointed day were a reference to the designated date.

(5) Superannuation benefits granted to persons who are transferred under sub-paragraph (1) and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before the designated date.

(6) If any dispute arises as to whether there has been a contravention of sub-paragraph (5), the matter shall be determined by the Department of Finance and Personnel.

3

In its application to the Body by virtue of a relevant transfer, section 5 of the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 shall have effect as if for subsections (2) and (3) there were substituted—

(2) Where Waterways Ireland (“the Body”) desires to acquire, otherwise than by agreement, any land or any such right or interest as is referred to in subsection (1)(c), it may apply to the Department for an order (“a vesting order”) vesting such land in the Body; and the Department shall have power to make such an order. (3) Schedule 6 to the Local Government Act (Northern Ireland) 1972[^f00010] shall apply for the purposes of the acquisition of land, rights or interests by means of a vesting order under this section as it applies for the purposes of the acquisition of land by means of a vesting order under that Act, subject to the following modifications— (a) for any reference to the council there shall be substituted a reference to the Body; (b) for any reference to the Ministry concerned there shall be substituted a reference to the Department; (c) for any reference to that Act there shall be substituted a reference to this Order; (d) in paragraph 6(2) for the words from “the fund” onwards there shall be substituted the words “funds of the Body (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments made by that Body”; and (e) in paragraph 12(2) for “the clerk of the council” there shall be substituted “the chief executive of the Body”.

4

(1) In their application, by virtue of a relevant transfer, to the Body or to works carried out by the Body, the provisions of the Drainage (Northern Ireland) Order 1973[^f00011] mentioned in Article 45 of the Water (Northern Ireland) Order 1999 shall have effect with such modifications (additional to those set out in Part II of Schedule 5 to that Order) as may be prescribed by regulations made by the Department.

(2) Regulations under sub-paragraph (1) shall—

(a) be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and

(b) be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(3) In its application to the Body by virtue of a relevant transfer, Article 43 of the Water (Northern Ireland) Order 1999 shall have effect as if—

(a) paragraph (1) were omitted; and

(b) in paragraphs (2) and (3) the words “to which this Article applies” were omitted.

(4) In its application to the Body by virtue of a relevant transfer, Article 48 of the Water (Northern Ireland) Order 1999 shall have effect as if for paragraphs (2) and (3) there were substituted—

(2) Where Waterways Ireland (“the Body”) desires to acquire, otherwise than by agreement, any land for any purpose referred to in paragraph (1), it may apply to the Department for an order (“a vesting order”) vesting such land in the Body; and the Department shall have power to make such an order. (3) Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall apply for the purposes of the acquisition of land by means of a vesting order under this Article as it applies for the purposes of the acquisition of land by means of a vesting order under that Act, subject to the following modifications— (a) for any reference to the council there shall be substituted a reference to the Body; (b) for any reference to the Ministry concerned there shall be substituted a reference to the Department; (c) for any reference to that Act there shall be substituted a reference to this Order; (d) in paragraph 6(2) for the words from “the fund” onwards there shall be substituted the words “funds of the Body (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments made by that Body”; and (e) in paragraph 12(2) for “the clerk of the council” there shall be substituted “the chief executive of the Body”.

(5) The Body shall not, by virtue of a relevant transfer, make an order under Article 49 of the Water (Northern Ireland) Order 1999 except with the approval of NSMC.

5

In Part I of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 after the entry relating to the Foyle, Carlingford and Irish Lights Commission (inserted by paragraph 6 of Schedule 5) there shall be inserted—

Waterways Ireland

6

(1) The Department may by order make such other supplementary or transitional provisions for the purposes of a relevant transfer as it thinks fit.

(2) An order under sub-paragraph (1) shall—

(a) be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and

(b) be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

SCHEDULE 5 — SUPPLEMENTARY AND TRANSITIONAL PROVISIONS IN CONNECTION WITH THE FOYLE, CARLINGFORD AND IRISH LIGHTS COMMISSION

1

In this Schedule—

“the transfer” means the transfer of functions under Article 21(1); and

“the transferor” means the Foyle Fisheries Commission.

2

(1) In the construction and for the purposes of any enactment or document passed, made or issued before the appointed day, any refrence to, or which is to be construed as a reference to, the transferor shall, so far as may be necessary for the purpose of the transfer, be construed as a reference to the Body.

(2) The transfer shall not affect the validity of any enactment or document made or issued or any other act done by, or in relation to, the transferor before the appointed day; and any such instrument, document or act shall, if in force immediately before that day, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Body.

(3) Anything (including any legal proceedings) in the process of being done by or in relation to the transferor immediately before the appointed day may be continued by or in relation to the Body.

(4) All property, rights and liabilities to which the transferor is entitled or subject immediately before the appointed day shall on that day be transferred to, and by virtue of this Order vest in, the Body.

(5) Sub-paragraph (4) does not apply in relation to rights and liabilities in respect of a contract of employment (which are dealt with in paragraph 3).

(6) A certificate signed by the Minister of Agriculture and Rural Development that any property, right or liability has vested in the Body under sub-paragraph (4) or paragraph 3 shall be conclusive evidence of that fact for all purposes.

3

(1) This paragraph applies to any person who immediately before the appointed day is employed by the transferor.

(2) The contract of employment between a person to whom this paragraph applies and the transferor shall have effect from the appointed day as if originally made between him and the Body.

(3) Without prejudice to sub-paragraph (2)—

(a) all the transferor’s rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies shall by virtue of that sub-paragraph be transferred to the Body on the appointed day;

(b) anything done before that day by or in relation to the transferor in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Body.

(4) Sub-paragraphs (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by sub-paragraph (2).

(5) Except in accordance with a collective agreement negotiated with any recognised trade union, a person transferred under sub-paragraph (2) shall not, while in the service of the Body, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he was subject immediately before the appointed day.

(6) Superannuation benefits granted to persons who are transferred under sub-paragraph (2) and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before the appointed day.

(7) If any dispute arises as to whether there has been a contravention of sub-paragraph (6), the matter shall be determined by the Department of Finance and Personnel.

4

(1) This paragraph applies to a licence which—

(a) is issued under a relevant provision of the Fisheries Act (Northern Ireland) 1966[^f00012]

(b) is in force immediately before the appointed day; and

but nothing in this paragraph affects the operation of such a licence in relation to any area other than the Newry Area.

(2) In sub-paragraph (1) “a relevant provision” of the Fisheries Act (Northern Ireland) 1966 means a provision of that Act which by virtue of the amendment in Schedule 6 of this Order to section 212(1) of that Act ceases to apply to the Newry Area on the appointed day.

(3) A licence to which this paragraph applies shall, in so far as it authorises the doing of any act in the Newry Area, have effect on and after the appointed day as if issued by the Body under the provision of the 1952 Act corresponding to the relevant provision.

(4) In this paragraph “the Newry Area” has the meaning assigned to it by section 2(1) of the 1952 Act.

5

Regulations in force immediately before the appointed day under the 1952 Act shall, on and after that day, have effect with appropriate modifications in relation to the Carlingford Area as they have effect (by virtue of paragraph 2) in relation to the Foyle Area.

6

In Part I of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 for the entry relating to the Foyle Fisheries Commission there shall be substituted—

The Foyle, Carlingford and Irish Lights Commission

7

(1) The Department may by order make such other supplementary and transitional provisions for the purposes of Article 21 as it thinks fit.

(2) An order under sub-paragraph (1) shall—

(a) be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and

(b) be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

SCHEDULE 6 — AMENDMENTS

The Foyle Fisheries Act (Northern Ireland) 1952 (c. 5 (N.I.))

In section 2(1) omit the defintions of “the Advisory Council”, “fishery rate” and “fishery year”.

In section 2(1) for the definition of “the Commission” substitute—

“the Commission” means the Foyle, Carlingford and Irish Lights Commission;

In section 2(1) at the appropriate place in alphabetical order insert—

“the Newry Area” means so much of the Carlingford Area as is in Northern Ireland;

“NSMC” has the same meaning as in the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999;

In section 3 after sub-section (1) insert—

(1A) In this Act “the Carlingford Area” means— (a) the whole of the sea along the coast between the low water line of the most southerly point of Cranfield Point in the County of Down and the low water line of the most easterly point of Ballaghan Point, in the County of Louth, and within a straight line between those points, and any islands or rocks within the same, with the whole of the tideway along the said coast; and (b) the whole of all lakes, rivers and their tributaries which flow into the sea within the area defined in paragraph (a) and all of the land catchment from which water drains into those lakes and rivers.

In section 3(2) after “Foyle Area” add “and the Carlingford Area”.

Omit section 5.

In section 6 after “the Londonderry Area” (wherever occurring) insert “or the Newry Area”.

In section 11, omit subsection (1).

In section 11(2)(b) after “the Foyle Area” insert “and the Carlingford Area”.

In section 13(1) for “the Ministry and the Minister” substitute “NSMC”, after “of the Foyle Area” insert “and the Carlingford Area” and after “in the Foyle Area” insert “or the Carlingford Area”.

In section 13(3) after “the Foyle Area” insert “and the Carlinfgord Area”.

In section 14(1) after “the Foyle Area” insert “or the Carlingford Area”.

Omit sections 15 to 18 and 21.

Omit Part IV.

In section 27 after “the Foyle Area” (wherever occurring) insert “and the Carlingford Area”.

In section 51A(1) after “the Foyle Area” insert “or the Carlingford Area”.

In section 55(1)(a) after “the Londonderry Area” insert “or the Newry Area”.

In section 56(2) after “the Foyle Area” insert “or the Carlingford Area”.

In section 61(1) after “the Foyle Area” insert “or the Carlingford Area”.

In section 64(c) after “the Foyle Area” insert “or the Carlingford Area”.

In section 67(a) after “the Londonderry Area” insert “or the Newry Area”.

In section 67(b) after “the Foyle Area” insert “or the Carlingford Area”.

In section 79(1) after “the Foyle Area” insert “or the Carlingford Area”.

In section 80(1) after “the Foyle Area” insert “or the Carlingford Area”.

In the heading to the Third Schedule for “Fisheries” substitute “, Carlingford and Irish Lights Commission”.

In the Third Schedule, omit paragraphs 1, 4 to 14 and 16 to 19.

In paragraph 2 of that Schedule after “the Foyle Area” (wherever occurring) insert “or the Carlingford Area”.

Omit the Fourth Schedule.

The Fisheries Act (Northern Ireland) 1966 (1966 c. 7 (N.I.))

In section 11B(2) for paragraph (b) substitute—

(b) the Foyle, Carlingford and Irish Lights Commission, where the discharge is to be made in the Londonderry Area or the Newry Area;

and in paragraph (c) for “that Area” substitute “those Areas”.

In section 20(2) for “Fisheries” substitute “, Carlingford and Irish Lights”.

In section 25(1) after “Londonderry Area” add “or the Newry Area”.

In section 200(3) for “Fisheries” substitute “, Carlingford and Irish Lights”.

In section 206(1) at the appropriate place in alphabetical order insert—

“the Newry Area” has the meaning given to it by section 2(1) of the Foyle Fisheries Act (Northern Ireland) 1952;

In section 212(1), (2) and (3) after “Londondery Area” insert “or the Newry Area”.

In section 212(2)(a) and (3) for “Fisheries” substitute “, Carlingford and Irish Lights”.

The Water (Northern Ireland) Order 1999 (1999 N.I. 6)

In Article 3(1) at the appropriate place in alphabetical order insert—

“Newry Area” has the same meaning as in the Foyle Fisheries Act (Northern Ireland) 1952;

In Article 13(3) for “Fisheries” substitute “, Carlingford and Irish Lights”.

In Schedule 1, in paragraph 2(6) for head (b) substitute—

(b) the Foyle, Carlingford and Irish Lights Commission, where the discharge is being, or is to be, made in the Londonderry Area or the Newry Area;

and in head (c) for “that Area” substitute “those Areas”.

In Schedule 1, in paragraph 3(5), for head (b) substitute—

(b) the Foyle, Carlingford and Irish Lights Commission, where the discharge to which the application relates is to be made in the Londonderry Area or the Newry Area;

and in head (c) for “that area” substitute “those Areas”.

In Schedule 1, in paragraph 4(2) for head (a) substitute—

(a) the Foyle, Carlingford and Irish Lights Commission, where the discharge is to be, or is being, made in the Londonderry Area or the Newry Area;

and in head (b) for “that area” substitute “those Areas”.

In Schedule 1, in paragraph 5(5), for head (a) substitute—

(a) the Foyle, Carlingford and Irish Lights Commission, where the discharge to which the notice relates is made or to be made in the Londonderry Area or the Newry Area;

and in head (b) for “that area” substitute “those Areas”.

SCHEDULE 7 — REPEALS

1952 c. 5 (N.I.)	The Foyle Fisheries Act (Northern Ireland) 1952.	In section 2(1), the definitions of “the Advisory Council”, “the Commission”, “fishery rate” and “fishery year”.
		Section 5.
		Section 11(1).
		Sections 15 to 18.
		Section 21.
		Part IV.
		In the Third Schedule, paragraphs 1, 4 to 14 and 16 to 19.
		The Fourth Schedule.

Signed

Marjorie Mowlam — One of Her Majesty’s Principal Secretaries of State — 1999-03-10

Explanatory note

(This note is not part of the Order)

This Order makes provision about the six implementation bodies established by an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland done at Dublin on the 8th day of March 1999.

Footnotes

[^f00001]: 1998 c. 47.

[^f00002]: “the appointed day” is defined in section 3(1) of the Northern Ireland Act 1998.

[^f00003]: “the Belfast Agreement” is defined in section 98(1) of the Northern Ireland Act 1998.

[^f00004]: S.I. 1979/1573 (N.I. 12).

[^f00005]: 1954 c. 33 (N.I.)

[^f00006]: 1952 c. 5 (N.I.)

[^f00008]: 1955 c. 15 (N.I.).

[^f00009]: S.I. 1999/662 (N.I. 6).

[^f00010]: 1972 c. 9 (N.I).

[^f00011]: S.I. 1973/69 (N.I. 1).

[^f00012]: 1966 c. 17 (N.I.).

SCHEDULE 1A — TEXTS OF THE LETTERS EXCHANGED BY THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF IRELAND CONSTITUTING THE SUPPLEMENTARY AGREEMENT

18 June 1999

HE Mr David Andrews

Minister for Foreign Affairs

I have the honour to refer to recent discussions between our two Governments concerning the interpretation, in relation to post-1999 Structural Funds, of the terms “Community Initiatives”, “Initiatives” and “CIs” in Part 4 of Annex 1 and Part 4 of Annex 2 to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on 8 March 1999 (“the Implementation Bodies Agreement”).

It is the understanding of my Government that it was the joint intention of our two Governments that the aforementioned terms would include any successor to the PEACE programme established within the framework of the European Community’s Structural Funds and should be construed accordingly. If this is also the understanding of your Government, I have the honour to propose that this letter and your reply to that effect shall constitute an Agreement between our two Governments concerning the interpretation of these terms which shall enter into force on the date on which the Implementation Bodies Agreement enters into force.

Marjorie Mowlam

Secretary of State for Northern Ireland

18 June 1999

Rt Hon Marjorie Mowlam

Secretary of State for Northern Ireland

I have the honour to refer to your letter of 18 June 1999 concerning the interpretation of certain terms contained in the Agreement between our two Governments establishing Implementation Bodies done at Dublin on 8 March 1999. I confirm that it is also the understanding of my Government that it was the joint intention of our two Governments that the terms as specified in your letter would include any successor to the PEACE programme established within the framework of the European Community’s Structural Funds and should be construed accordingly.

I have the honour to confirm that this letter and your letter shall constitute an Agreement between our two Governments concerning the interpretation of these terms which shall enter into force on the date on which the Implementation Bodies Agreement enters into force.

David Andrews T.D.

Minister for Foreign Affairs

Editorial notes

[^M_I_dae795f3-5f7e-4e62-fe26-cb50e504ff73]: Sch. 6 in force at 2.12.1999, see art. 1(2)

[^key-751dda96e901e1c2de3ab14f532a1199]: Art. 1 in force at 2.12.1999, see art. 1(2)

[^key-4d06c1645b26d068eef3095cf7b19166]: Art. 2 in force at 2.12.1999, see art. 1(2)

[^key-437126c7010a50b5442f791c589fe655]: Art. 3 in force at 2.12.1999, see art. 1(2)

[^key-5156a4f90d910c6b8fda77236caaca32]: Art. 4 in force at 2.12.1999, see art. 1(2)

[^key-abb0c9d4d2f1bf489a5cc77247a492f0]: Art. 5 in force at 2.12.1999, see art. 1(2)

[^key-e0eae11a1a8425564d04a0dec4ccbadd]: Art. 6 in force at 2.12.1999, see art. 1(2)

[^key-2c5f05ccb1f50fa41be9b2167def24b0]: Art. 7 in force at 2.12.1999, see art. 1(2)

[^key-a7c9f3cdd1ab302c35cdf6d3ee39df37]: Art. 8 in force at 2.12.1999, see art. 1(2)

[^key-13aa9f09ae558ce058aa8352b2ed6e7d]: Art. 9 in force at 2.12.1999, see art. 1(2)

[^key-2643e47aabd54a899b1635ac788f7dc0]: Art. 10 in force at 2.12.1999, see art. 1(2)

[^key-d40d4afe4baba8ddadac1ba740e982ac]: Art. 11 in force at 2.12.1999, see art. 1(2)

[^key-8e301929c87c41cf39f40bdbd46681e2]: Art. 12 in force at 2.12.1999, see art. 1(2)

[^key-fd52a48c3f8cc0d968e6584808166cce]: Art. 13 in force at 2.12.1999, see art. 1(2)

[^key-97ba8875f013b8bcc0892b8e27861b7a]: Art. 14 in force at 2.12.1999, see art. 1(2)

[^key-04871c0a81294a55f800265e8a704a9d]: Art. 15 in force at 2.12.1999, see art. 1(2)

[^key-705a5b18965c04bf9f1f130d8e5aa26f]: Art. 16 in force at 2.12.1999, see art. 1(2)

[^key-93e4dab6cb1ffe6d28bc18f820749581]: Art. 17 in force at 2.12.1999, see art. 1(2)

[^key-82537a322578dec8da18ae58f7ddb214]: Art. 18 in force at 2.12.1999, see art. 1(2)

[^key-fd36c07c37398ba1c60cd95e34029cef]: Art. 19 in force at 2.12.1999, see art. 1(2)

[^key-e29bf0c7dba2a53c2a883ab4d2716ebf]: Art. 20 in force at 2.12.1999, see art. 1(2)

[^key-d2243cb0ffd0463bacd1028e8c978bb8]: Art. 21 in force at 2.12.1999, see art. 1(2)

[^key-bb8f3cc103bf7a616564d5d97244a9c5]: Art. 22 in force at 2.12.1999, see art. 1(2)

[^key-99cd8e83a7b6aa3fdb1c183586a9c81c]: Art. 23 in force at 2.12.1999, see art. 1(2)

[^key-5894a714a9b2cc5608416996b3c29fbf]: Art. 24 in force at 2.12.1999, see art. 1(2)

[^key-b47720961ba55e366d6345dab33e0423]: Sch. 1 in force at 2.12.1999, see art. 1(2)

[^key-447513912d3416b5b8e990ad63b6a8f4]: Sch. 2 para. 1 in force at 2.12.1999, see art. 1(2)

[^key-6ead428bd941e941bcacab05f307476b]: Sch. 2 para. 2 in force at 2.12.1999, see art. 1(2)

[^key-b0751d267189e3ae2c55da5726bfd896]: Sch. 2 para. 3 in force at 2.12.1999, see art. 1(2)

[^key-344e6d5dc43721884c0bbdf6a60323ce]: Sch. 2 para. 4 in force at 2.12.1999, see art. 1(2)

[^key-143b6c01881563f8e6ba911b7d841129]: Sch. 3 para. 1 in force at 2.12.1999, see art. 1(2)

[^key-1925a5470191b6c4e3c7b5c851d91b92]: Sch. 3 para. 2 in force at 2.12.1999, see art. 1(2)

[^key-5cd65187ba23fdccaeccf553cdc4c0ae]: Sch. 4 para. 1 in force at 2.12.1999, see art. 1(2)

[^key-6685658f8ba4224d1c0cf80a89fd8445]: Sch. 4 para. 2 in force at 2.12.1999, see art. 1(2)

[^key-b1a9c0963cd3bfb30a0f55081c33c708]: Sch. 4 para. 3 in force at 2.12.1999, see art. 1(2)

[^key-35dffc6dcd3e5227284f7dff4e28a367]: Sch. 4 para. 4 in force at 2.12.1999, see art. 1(2)

[^key-71ba58a446e6268e18d1549af44b538f]: Sch. 4 para. 5 in force at 2.12.1999, see art. 1(2)

[^key-eaa70363c054b9b2aa523822bd161e2e]: Sch. 4 para. 6 in force at 2.12.1999, see art. 1(2)

[^key-12b5f91ee8584f73a1f7ae37ecc6516a]: Sch. 5 para. 1 in force at 2.12.1999, see art. 1(2)

[^key-4aff15adb4da7cf7078f774fa8078b01]: Sch. 5 para. 2 in force at 2.12.1999, see art. 1(2)

[^key-1eb4b33799277c5998d26227cf6fde2c]: Sch. 5 para. 3 in force at 2.12.1999, see art. 1(2)

[^key-d4203a6e2adaa636c769cfa5731e7311]: Sch. 5 para. 4 in force at 2.12.1999, see art. 1(2)

[^key-6823a5bf28092ebe771c6c90e61aa030]: Sch. 5 para. 5 in force at 2.12.1999, see art. 1(2)

[^key-7235ab65da2c6a81da2e20777eea90ba]: Sch. 5 para. 6 in force at 2.12.1999, see art. 1(2)

[^key-a330b1060f1906cf07a0861a22a8feb5]: Sch. 5 para. 7 in force at 2.12.1999, see art. 1(2)

[^key-b783596a16abf86ac5f8541b2c5abd14]: Sch. 7 in force at 2.12.1999, see art. 1(2)

[^key-4cb71654243bfa7dfa04d456169e7fcc]: Sch. 1A inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), art. 1(2), Sch.; S.I. 1999/3208, art. 2

[^key-68aa396a447c0819580d23167016ff34]: Art. 3(4) inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), arts. 1(2), 2(2); S.I. 1999/3208, art. 2

[^key-ec150bf1be16744bdaf5a17a7b468f2f]: Art. 14(3A) inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), arts. 1(2), 2(3); S.I. 1999/3208, art. 2

[^key-bd38ee85cbf2ae733e2b80b66b86ed2a]: Words in art. 14(2) inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), arts. 1(2), 2(3); S.I. 1999/3208, art. 2

[^key-a2cfa328aea562f4e807cd982b63521c]: Words in art. 14(3) inserted (2.12.1999) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 1999 (S.I. 1999/2062), arts. 1(2), 2(3); S.I. 1999/3208, art. 2

[^key-1f8cdd27094b263988aba61c99d88e27]: Sch. 1B inserted (13.6.2007) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/1719), art. 1(2), Sch.

[^key-8702e886c0e6c92d4da3afb1260c702d]: Art. 3(5) inserted (13.6.2007) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/1719), arts. 1(2), 2(2)

[^key-400e4e1d5dd8301f41829cbb28e04d03]: Words in art. 14(3A) substituted (13.6.2007) by The North/South Co-operation (Implementation Bodies) (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/1719), arts. 1(2), 2(3)

[^key-a480ef12a6047825549e3cc758de1ddd]: Sch. 2 para. 5 revoked (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 9

[^key-59af9d2dfac0c746c143a832a0dd257c]: Words in art. 5(3) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 22(2) (with art. 9(2))

[^key-6221654cc1b0a50e00e6cac8de658ed0]: Words in art. 5(4) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 22(2) (with art. 9(2))

[^key-0222bf171d576b166d3be61a96910073]: Words in art. 5(5) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 22(3) (with art. 9(2))

[^key-50a78980628720dc277a890ba0fcb1f3]: Words in art. 7 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 23 (with art. 9(2))

[^key-6f4a2c042ea3ee02ba77b6b228f1682b]: Words in Sch. 4 para. 1(2) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 24(a) (with art. 9(2))

[^key-92f09b1d6d2416f9db917e78741d1401]: Words in Sch. 4 para. 1(7) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 24(b) (with art. 9(2))

[^key-dc876963f7a157625da2a212a9a12400]: Art. 14A inserted (18.5.2023) by The PEACE PLUS Programme (Northern Ireland) Regulations 2023 (S.I. 2023/477), regs. 1(2), 2(2)

[^key-00015c3d40e1074c9c4095a9ec6bc247]: Sch. 4A inserted (18.5.2023) by The PEACE PLUS Programme (Northern Ireland) Regulations 2023 (S.I. 2023/477), reg. 1(2), Sch.

SCHEDULE 1B — TEXTS OF THE LETTERS EXCHANGED BY THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF IRELAND CONSTITUTING THE FURTHER SUPPLEMENTARY AGREEMENT

25 July 2006

Mr Dermot Ahern TD

Minister for Foreign Affairs

I have the honour to refer to—

The Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on 8 March 1999 (hereinafter referred to as “the Implementation Bodies Agreement”); and

The Supplementary Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland constituted by the exchange of letters dated 18 June 1999; and

The Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland constituted by the exchange of notes dated 19 November 2002.

I have the honour to refer also to recent discussions between our two Governments concerning the interpretation of the terms “Community Initiatives”, “Initiatives” and “Cls” in Part 4 of Annex 1 and Part 4 of Annex 2 to the Implementation Bodies Agreement.

It is the understanding of my Government that it was the joint intention of our two Governments that the aforementioned terms would include any successors to, equivalents of or substitutes for such Initiatives within or building on the substantive objectives, priorities, policy areas and activities covered by the Community Initiatives established within the framework of the European Community’s Structural Funds and should be construed accordingly.

If this is also the understanding of your Government, I have the honour to propose that this letter and your reply in the affirmative shall constitute an Agreement between our two Governments concerning the interpretation of these terms which shall enter into force on the date of your reply.

Rt Hon Peter Hain MP

Secretary of State for Northern Ireland

25 July 2006

Rt Hon Peter Hain MP

Secretary of State for Northern Ireland

I have the honour to refer to your letter of 25 July 2006 concerning the interpretation of certain terms contained in the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on 8 March 1999.

I have the honour to confirm that it is the understanding of my Government that it was the joint intention of our two Governments for the terms as specified in your letter to include any successors to, equivalents of or substitutes for such Initiatives within or building on the substantive objectives, priorities, policy areas and activities covered by the Community Initiatives established within the framework of the European Community’s Structural Funds and should be construed accordingly.

I have the honour to confirm, therefore, that this letter and your letter shall constitute an Agreement between our two Governments which will come into force today.

Mr Dermot Ahern TD

Minister for Foreign Affairs

Implementation of PEACE PLUS

14A

(1) This article applies during the period beginning with the day on which the Financing Agreement enters into force and ending with 1st July 2032.

(2) The Body has—

(a) the functions of the managing authority, and

(b) the accounting function.

(3) When exercising the functions referred to in paragraph (2), the Body must comply with—

(a) the EU instruments listed in Part 1 of Schedule 4A (basic acts) including as amended or replaced from time to time, to the extent they are relevant to the programme,

(b) the EU instruments listed in Part 2 of Schedule 4A (relevant delegated and implementing acts),

(c) any EU instrument which enters into force after the making of the PEACE PLUS Programme (Northern Ireland) Regulations 2023 and which supplements or implements an EU instrument listed in Part 1 of Schedule 4A, to the extent that instrument is relevant to the programme, and

(d) the terms of the Financing Agreement, including as amended from time to time.

(4) Before entering into a grant agreement with a beneficiary, the Body must ensure the terms of that agreement—

(a) require the beneficiary to comply with the requirements of Article 6.3(2) of the Financing Agreement (which relate to visibility, communication and transparency activities),

(b) meet the requirements of Article 11.3 of the Financing Agreement (which relate to certain intellectual property rights), and

(c) meet the requirements of Article 11.4 of the Financing Agreement (which relate to the retention and availability of documents).

(5) In this article—

“accounting function” has the meaning given by Article 76 of Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (“Regulation (EU) 2021/1060”);

“beneficiary” has the meaning given by Article 2(9) of Regulation (EU) 2021/1060;

“Financing Agreement” means the Financing Agreement between the United Kingdom of Great Britain and Northern Ireland, Ireland and the European Commission on the PEACE PLUS Programme 2021-2027, done in Brussels on the 13th and 15th March 2023;

“functions of the managing authority” mean those functions conferred on the managing authority by—the EU instruments listed in Part 1 of Schedule 4A, including as amended or replaced from time to time, andthe Financing Agreement, including as amended from time to time;

“grant agreement” means a document setting out the conditions for support in accordance with Article 22(6) of Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (“Regulation (EU) 2021/1059”);

“programme” means the Interreg cross-border cooperation programme PEACE PLUS for the programming period 2021 to 2027, as approved by Commission Implementing Decision C(2022) 4931 of 8 July 2022, including as amended from time to time in accordance with Article 19 of Regulation (EU) 2021/1059.

Grants to the body

Annual report and accounts

SCHEDULE 4A — EU instruments relevant to the implementation of PEACE PLUS

PART 1 — Basic acts

1

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012[^f00009].

2

Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund[^f00010].

3

Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments.

4

Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy.

PART 2 — Delegated and implementing acts

5

Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds[^f00011].

6

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