Commentary on provisions of Act Section 3: The Ulster Scots and the Ulster British Tradition
Section 3 inserts a new Part 7C (sections 78R to 78U) and Schedule 9C in the Northern Ireland Act to make provision for the creation of a Commissioner for the Ulster Scots and the Ulster British Tradition.
	Section 78R provides for the Commissioner to be appointed by the First Minister and deputy First Minister acting jointly.
	Section 78S sets out the principal aim of the Commissioner and the duties conferred on them. The Commissioner’s principal aim is to enhance and develop the language, arts and literature associated with the Ulster Scots and the Ulster British tradition in Northern Ireland (referred to in the Act as the "relevant language, arts and literature"). They must promote awareness of Ulster Scots services provided by public authorities and provide or publish such advice, support and guidance as the Commissioner considers appropriate to public authorities. They must also investigate complaints made under section 78T. The guidance they publish may include guidance on the effect and implementation of the three Treaties specified in subsection (3) in relation to the relevant language, arts and literature (see s. 78S(2)(b)(ii)). In preparing guidance for publication, the Commissioner must consult such public authorities or other persons as they consider appropriate. The First Minister and deputy First Minister can direct the Commissioner in relation to the Commissioner’s functions. For example, the First Minister and deputy First Minister may want to require the Commissioner to consult public authorities in a particular way on the production of guidance.
	"Ulster Scots services" are defined to mean services provided in Ulster Scots or likely to be of particular interest to those with an interest in the relevant language, arts and literature.
	Section 78T makes provision for a complaints procedure. A complaint may be made by a person who claims that a public authority failed to have due regard to "published facilitation guidance". Facilitation guidance is defined as being guidance published under s. 78R(2)(b)(i) so far as it relates to developing and encouraging the use of Ulster Scots in the provision of public services.
	The Commissioner must investigate a complaint if they receive one from a person claiming to have been directly affected by the failure giving rise to the complaint, the complaint is made within three months of when the complainant became aware of it, and the public authority concerned is aware of it and has been given a reasonable opportunity to consider it and respond. If the Commissioner decides not to investigate a complaint, which meets those criteria, they must provide the complainant with written reasons for why they are not doing so (see subsections (1) and (2)). The Commissioner may carry out such an investigation in private if they consider it appropriate.
	If the Commissioner finds that a public authority did fail to have due regard to published facilitation guidance, their report may include recommendations as to how the public authority might have better regard to it. They may also lay their report before the Northern Ireland Assembly.
	In section 78U, "public authority" is defined as an authority listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 but as in Part 7B excludes the new authorities themselves and the North/South Language Body.
	As under Parts 7A and 7B, the First Minister and deputy First Minister acting jointly may by regulations add or remove authorities to or from the definition of public authority (including for particular purposes or in relation to a particular function). The power to add authorities only applies to public authorities within the devolved competence of the Northern Ireland Assembly and is not applicable to institutions in reserved or excepted areas.
	Section 3(2) and Schedule 3 amends the Northern Ireland Act 1998 to insert Schedule 9C "The Commissioner for the Ulster Scots and Ulster British Tradition". Schedule 9C makes further provision regarding the status and tenure of the Commissioner and other matters such as the exercise of the Commissioner’s functions by staff and funding of the Commissioner by the Executive Office and keeping of its accounts. Provision is also made to enable the Executive Office to provide staff, services and facilities to the Commissioner and for the Office of Identity and Cultural Expression to provide services for the purpose of assisting the Commissioner in the exercise of its functions.