Next (SCHEDULE Text of the letters exchanged by the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland referred to in section 1(1).)

26 2002

/images/harp.jpg


Number 26 of 2002


BRITISH-IRISH AGREEMENT (AMENDMENT) ACT, 2002


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Adaptation of certain references in Act of 1999.

3.

Téacs i mBéarla.

4.

Tagairtí áirithe i gCuid VI d'Acht 1999 a oiriúnú.

5.

Adaptation of certain references in Foyle Fisheries Act, 1952.

6.

Consequential.

7.

Short title, construction, collective citation, commencement and expiration.

SCHEDULE

Text of the letters exchanged by the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland referred to in section 1(1).


Acts Referred to

British-Irish Agreement (Amendment) Act, 1999

1999, No. 16

British-Irish Agreement Act, 1999

1999, No. 1

Foyle Fisheries Act, 1952

1952, No. 5

/images/harp.jpg


Number 26 of 2002


BRITISH-IRISH AGREEMENT (AMENDMENT) ACT, 2002


AN ACT TO AMEND THE BRITISH-IRISH AGREEMENT ACT, 1999, FOR THE PURPOSE OF GIVING EFFECT TO THE INTERNATIONAL AGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ENTERED INTO FOR THE PURPOSE OF ENABLING NECESSARY ARRANGEMENTS TO BE MADE CONSEQUENT UPON THE TEMPORARY SUSPENSION OF THE NORTHERN IRELAND ASSEMBLY AND CONSTITUTED BY THE LETTERS EXCHANGED BY THOSE GOVERNMENTS THE TEXTS OF WHICH ARE SET OUT IN THE SCHEDULE TO THIS ACT. [29th November, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1. —(1) In this Act—

“the Act of 1999” means the British-Irish Agreement Act, 1999 , as amended by the British-Irish Agreement (Amendment) Act, 1999 ;

“the Agreement” means the agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland that is constituted by the letters exchanged by those Governments the texts of which are set out in the Schedule to this Act;

“the Council” means the North/South Ministerial Council, being the body established by the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing a North/South Ministerial Council done at Dublin on the 8th day of March 1999 when performing functions in relation to the bodies specified in sections 2(2) and 4(2) and under the Foyle Fisheries Act, 1952 .

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, and

(b) a reference to a subsection is a reference to the subsection of the provision in which the reference occurs.

Adaptation of certain references in Act of 1999.

2. —(1) References to the Council in the Act of 1999 (other than Cuid VI) shall be construed and have effect in accordance with the provisions of the Agreement.

(2) The functions that, by virtue of subsection (1), are performable by the Government may be performed, on the authority of the Government—

(a) in the case of functions relating to Waterways Ireland, by the Minister for Community, Rural and Gaeltacht Affairs,

(b) in the case of functions relating to The Food Safety Promotion Board, by the Minister for Health and Children,

(c) in the case of functions relating to The Trade and Business Development Body, by the Minister for Enterprise, Trade and Employment,

(d) in the case of functions relating to The Special EU Programmes Body, by the Minister for Finance, and

(e) in the case of functions relating to The Foyle, Carlingford and Irish Lights Commission, by the Minister for Communications, Marine and Natural Resources.

Téacs i mBéarla.

3. —Tá an téacs i mBéarla den alt seo agus d'alt 4 leagtha amach sa Tábla a ghabhann le halt 4.

Tagairtí áirithe i gCuid VI d'Acht 1999 a oiriúnú.

4. —(1) Déanfar tagairtí don Chomhairle i gCuid VI d'Acht 1999 a fhorléiriú, agus beidh éifeacht leo, de réir fhorálacha an Chomhaontaithe.

(2) Féadfaidh an tAire Gnóthaí Pobail, Tuaithe agus Gaeltachta, ar údarás ón Rialtas, na feidhmeanna is inchomhlíonta ag an Rialtas, de bhua fho-alt (1), a chomhlíonadh.

AN TÁBLA

English language text.

3.—The text in the English language of this section and section 4 is set out in the Table to section 4 .

Adaptation of certain references in Part VI of Act of 1999.

4.—(1) References to the Council in Part VI of the Act of 1999 shall be construed and have effect in accordance with the provisions of the Agreement.

(2) The functions that, by virtue of subsection (1), are performable by the Government may be performed, on the authority of the Government, by the Minister for Community, Rural and Gaeltacht Affairs.

Adaptation of certain references in Foyle Fisheries Act, 1952.

5. —(1) The references (inserted by the Act of 1999) in the Foyle Fisheries Act, 1952 , to the Council shall be construed and have effect in accordance with the provisions of the Agreement.

(2) The functions that, by virtue of subsection (1), are performable by the Government may be performed, on the authority of the Government, by the Minister for Communications, Marine and Natural Resources.

Consequential.

6. —(1) Upon and after the expiry of section 2 , references in the Act of 1999 that, pursuant to that section, were construed and had effect in accordance with the provisions of the Agreement shall be construed and have effect as references to the Council.

(2) (a) Tá an téacs i mBéarla den fho-alt seo leagtha amach sa Tábla a ghabhann leis an bhfo-alt seo.

(b) Ar dhul in éag d'alt 4 agus dá éis sin, aon tagairtí i gCuid VI d'Acht 1999, ar de bhun an ailt sin a forléiríodh iad, agus a bhí éifeacht leo, de réir fhorálacha an Chomh-aontaithe, forléireofar iad agus beidh éifeacht leo mar thagairtí don Chomhairle.

AN TÁBLA

(2) (a) The text in the English language of this subsection is set out in the Table to this subsection.

(b) Upon and after the expiry of section 4 , references in Part VI of the Act of 1999 that, pursuant to that section, were construed and had effect in accordance with the provisions of the Agreement shall be construed and have effect as references to the Council.

(3) Upon and after the expiry of section 5 , references in the Foyle Fisheries Act, 1952 , that, pursuant to that section, were construed and had effect in accordance with the provisions of the Agreement shall be construed and have effect as references to the Council.

Short title, construction, collective citation, commencement and expiration.

7. —(1) This Act may be cited as the British-Irish Agreement (Amendment) Act, 2002 .

(2) The British-Irish Agreement Acts, 1999 and this Act shall be construed together as one and may be cited together as the British-Irish Agreement Acts, 1999 and 2002.

(3) This Act shall come into operation on such day as the Taoiseach may fix by order.

(4) (a) This Act (other than section 6 ) shall expire on such day as the Taoiseach may fix by order.

(b) The day fixed under paragraph (a) shall be the earliest practicable day after the termination of the Agreement in accordance with its terms on the restoration of the Northern Ireland Assembly.