資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk
(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 .
(3) This Order does not extend to England and Wales or Scotland.
(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 .
(3) In this Order “the Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland.
(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
(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.
(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 ; and
(b) be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 .
(7) Schedule 4 (which makes supplementary and transitional provisions in connection with the preceding provisions of this Article) shall have effect.
(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.
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
(c) any report of the Comptroller and Auditor General on the statement of accounts.
(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.
(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.
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
(c) any report of the Comptroller and Auditor General on the statement of accounts.
(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.
(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.
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
(c) any report of the Comptroller and Auditor General on the statement of accounts.
(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.
(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, and
the 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.
(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.
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
(c) any report of the Comptroller and Auditor General on the statement of accounts.
(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.
(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.
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
(c) any report of the Comptroller and Auditor General on the statement of accounts.
(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.
(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 (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.
(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.
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
(c) any report of the Comptroller and Auditor General on the statement of accounts.
(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.
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.
Each Body shall operate in accordance with the provisions of the Multi-Party Agreement, and shall in particular implement any decisions of the North/South Ministerial Council on policies and actions relating to matters within the scope of the Body’s functions.
Each Body shall act in accordance with any direction of the British Secretary of State for Foreign and Commonwealth Affairs or the Irish Minister for Foreign Affairs necessary to ensure compliance, within their respective jurisdictions, with any international obligations of the British Government or the Irish Government other than international obligations arising under this Agreement or the British–Irish Agreement.
The Body will with immediate effect—
(a) be responsible for the management, maintenance and development principally for recreational purposes of the Shannon–Erne Waterway;
(b) take forward appropriate studies and appraisals in relation to the possible restoration of the Ulster Canal; and
(c) take over the control of Shannon–Erne Waterway Promotions Ltd.
With effect from 1st April 2000, the Body will assume responsibility for the management, maintenance and development principally for recreational purposes of the following inland waterways—
the Erne System
the Grand Canal (including the Barrow Navigation)
the Lower Bann Navigation
the Royal Canal
the Shannon Navigation.
If, in the light of the outcome of the studies and appraisals referred to at paragraph 1.1(b), NSMC so decides, the Body will, with effect from such date as NSMC may decide, be responsible for the restoration of the Ulster Canal and, following restoration, for its management, maintenance and development principally for recreational purposes.
With effect from such date as may be specified by legislation in each jurisdiction, following agreement in NSMC, the Body will assume responsibility for—
(a) the restoration of any other inland waterway specified in the legislation;
(b) the management, maintenance and development principally for recreational purposes of any other inland waterway so specified.
From 1st April 2000, there will be three regional divisions of the Body—Northern, Western and Eastern.
In the discharge of its management and development function principally for recreational purposes, the Body will engage in promotion, including marketing and development of the tourism and commercial potential of the inland waterways for which it has responsibility.
The Body will have all the powers necessary for, or incidental to, the exercise of its functions.
Promotion of food safety:
It will be a key and priority function of the Body to bring about general acceptance that responsibility for the provision of safe food is shared among producers, processors, distributors at all levels, caterers and the general public. This function includes:
(a) promoting awareness and knowledge of food safety issues among the public, professionals with an interest in, or responsibility for, food safety, and the food industry;
(b) arranging public awareness campaigns, conferences, training and strategic support;
(c) providing food safety advice and guidance (including advice on the nutritional aspects of various foods);
(d) establishing and maintaining links with key interests in the food safety field, including the Northern Ireland and Irish bodies responsible for food safety enforcement.
The Body will have a remit throughout the island of Ireland in relation to the promotion of food safety and will work in association with the Northern Ireland and Irish food safety agencies, which will continue to be responsible for inspection and enforcement. Existing arrangements for international negotiations, the setting of food standards and the promulgation of legislation and regulations will continue to apply. The Body may review and advise on the adequacy of food enforcement arrangements in place throughout the food chain in the island of Ireland, at the request of NSMC.
The Northern Ireland and Irish food safety enforcement agencies will retain a promotional role to support their inspection and enforcement functions.
The Body will develop co-operation on business development opportunities, North and South, including through:
(a) reviewing the scope, extent and effectiveness of relevant existing activities undertaken by government agencies and Departments, and recommend to NSMC for consideration and decision areas where cross-border co-operation would add value, and ways of extending and deepening such co-operation;
(b) administering a programme to enable companies to undertake joint product and process development projects of commercial benefit, with assistance of institutions where appropriate (this includes projects in which a company and an institution can co-operate on a North/South basis);
(c) administering a pre-competitive research programme aimed at supporting commercially focused research within the third level sector, encouraging in particular projects which bring together researchers, companies and institutions, North and South; and
(d) initiating new programmes to assist small and medium enterprises with researching and implementing joint venture partnerships on a North/South basis or jointly with overseas partners.
In this area the Body will also be tasked to bring forward to NSMC within 3 months proposals on the development of a North/South equity investment fund programme taking account of the effectiveness of the existing range of equity fund provision, North and South, for consideration and decision by NSMC.
The Body will devise new approaches to business development in a cross-border context, in such areas as research, training, marketing and quality improvement including through:
(a) reviewing research on business development and experience of business development, including relevant training, in appropriate comparative countries and regions, and in relevant international institutions, with a view to recommending new approaches to the NSMC for consideration and decision;
(b) examining options for the achievement of greater coherence and deepening of research and development, and for cementing and formalising ongoing industry and third level collaboration in the area, North and South;
(c) co-ordinating annual programmes of “Best Practice” visits for companies on a North/South basis;
(d) implementing a science and technology awareness programme on a North/South basis;
(e) implementing an innovation award scheme on a North/South basis, with support from the private sector;
(f) drawing on findings and recommendations emerging from the Foresight initiatives (medium-to-long-term planning) in Ireland and the United Kingdom, and examining the possibility for their application on a North/South basis; and
(g) recommending to NSMC for implementation on a North/South basis specific measures regarding training and skills development.
In this area the Body will also be tasked to bring forward to NSMC, within 3 months proposals for consideration and decision by NSMC on:
(h) the development of graduate and other placement programmes on a North/South basis;
(i) the carrying out of a range of testing services for industry with a view to the development of testing services, North and South, on a fully commercial basis by private interests; and
(j) the implementation of standards development and certification programmes on a North/South basis.
The Body will support business by making recommendations to increase enterprise competitiveness in a North/South context in areas such as skills availability, telecoms, information technology and electronic commerce. In particular, it will:
(a) investigate the effectiveness of existing arrangements in regard to all aspects of competitiveness of business environment North and South, including skills availability, telecoms, information technology and infrastructure and make recommendations for consideration and decision by NSMC;
(b) promote an awareness of electronic commerce, including conducting research and advising on the co-ordination of electronic commerce infrastructure, North and South;
(c) implement on a North/South basis a number of actions to facilitate development of the Information Society in the interests of trade and business; and
(d) examine possibilities for promoting inter-regional economic development and co-operation, including through clusters and centres of excellence, particularly in border areas.
The Body will promote North/South trade and supply chains, including through business linkages and partnerships, including by:
(a) co-ordinating, gathering and disseminating information on linkage programmes matching suppliers and buyers on a North/South basis, including joint supplier databases; and
(b) organising public procurement programmes and events on a North/South basis.
The Body will, under its own brand, promote cross-border trade events and marketing initiatives, identify new areas of trade between North and South and promote market awareness and trade development in a North/South context, including through identifying sectors and products in which cross-border trade is relatively low, establishing the reasons for the low levels, and making recommendations where appropriate for raising the level of trade, including recommendations for the removal of any artificial impediments to trade.
The Body will undertake specific projects and events in relation to trade promotion and provide advice on specific aspects of trade promotion, when tasked jointly to do so.
The Body will bring forward proposals for consideration by NSMC on specific projects in these areas.
Until the conclusion of the current Community Initiatives:—
The Body will—
(a) prepare documentation relating to financial progress of programmes, monitoring of performance, associated reports, agendas and summary records of meetings, preparation of annual report, publicity requirements;
(b) chair the Monitoring Committee for INTERREG II , and act as secretariat to the PEACE Monitoring Committee which will continue to be jointly chaired by the Finance Departments until 31st December 1999 or such later date as NSMC may agree; collect from Departmental Sub-Programme leaders all financial returns relating to EU expenditure and commitments (i.e. allocations under the Programmes), prepare financial tables for the Monitoring Committees, collate progress reports from Departments, prepare and submit overview reports regarding overall progress of the Programmes to the Monitoring Committees and manage physical and impact indicator monitoring;
(c) commission any research in the form of evaluation exercises on a Programme-wide basis which may be agreed by the Monitoring Committees;
(d) ensure that the legal requirements for evaluation in terms of agreeing and monitoring performance indicators (financial, non-financial and impact) for the Programmes, as laid down in the Structural Funds Regulations and Programme documents, are met;
(e) be responsible for managing the technical assistance Measures of the Programmes;
(f) manage the contract with the INTERREG Development Officer, who will continue to work with Measure Leaders in functional Departments, and liaise with the Consultative Forum within the PEACE programme;
(g) oversee the remaining co-ordination tasks in relation to INTERREG II and act as Sub-Programme Leader in relation to the cross-border elements of PEACE, including the completion of the allocation of funds for the Cross-Border Development Sub-Programme as a whole;
(h) act as Measure Leader for the Co-operation between Public Bodies and Business and Cultural Linkages Measures of that Sub-Programme.
Internal audit and financial control functions will remain with Departments, while public expenditure overview will remain with Ministers. The implementation of the measures, including decision-making on allocation of grant, will continue to be dealt with as at present through Northern Ireland and Irish Departments and other relevant non-Governmental bodies.
The functions of Bord na Gaeilge in regard to the promotion of the Irish language and its staff, assets and obligations will be transferred to the Body. Bord na Gaeilge will be dissolved. The functions of the Irish Minister for Arts, Heritage, Gaeltacht and the Islands in relation to financial support for certain voluntary Irish language organisations will also be transferred to the Body.
In carrying out its functions of developing terminology and dictionaries and supporting Irish-medium education and the teaching of Irish, the Body, having regard to the legislative and other curriculum requirements applicable to each jurisdiction—
(a)
(i) may review the curriculum resources made available for Irish-medium education and the teaching of Irish, including the provision of appropriate textbooks, other teaching materials and teaching aids;
(ii) may conduct research into any matters relating to the provision of Irish-medium education and the teaching of Irish in schools or other places, including the methods of teaching employed, the curricula taught and the assessment procedures adopted;
(iii) may publish, in such form as it considers appropriate, the outcomes of its research and reviews, including recommendations for action;
(b) will exercise the functions exercised prior to the establishment of the Body by the Irish Department of Education and Science, through An Gúm, with respect to the publication of books in Irish in support of Irish-medium education and the teaching of Irish in schools and elsewhere;
(c) will exercise the functions exercised prior to the establishment of the Body by the Irish Department of Education and Science, through An Coiste Téarmáochta with respect to the development of terminology and vocabulary in Irish; and
(d) will facilitate co-operation between the body to be established in accordance with Section 31 of the Irish Education Act, 1998 and any promotional body funded under Article 89 of the Education (Northern Ireland) Order 1998.
The North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1999-859
Contains public sector information licensed under the Open Government Licence v3.0.
本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com