New commencement regulations made on 28 January 2026 bring further provisions of the Identity and Language (Northern Ireland) Act 2022 into force from 29 January 2026. The Secretary of State acted under section 10 of the 2022 Act, which allows different days to be appointed for different purposes. (irishlegal.com)
From today, a statutory duty applies to public authorities to have due regard to the “national and cultural identity principles”. In short, the principles protect the freedom to choose and express identity while respecting the sensitivities of others and the rule of law, and they encourage reconciliation, tolerance and meaningful dialogue across identities. (legislation.gov.uk)
The Office of Identity and Cultural Expression (OICE) now has its functions switched on, with one exception. OICE must promote awareness of the principles, monitor and promote compliance with the new duty, report to the Assembly, and may issue guidance, commission research, and provide education and training. The grant‑giving power in section 78H(3)(d) is not commenced by these regulations. (legislation.gov.uk)
On the Irish language, the Act’s recognition provisions are commenced, confirming official recognition of the language within Northern Ireland law. However, the specific clause in section 78J that would require public authorities to have due regard to Irish language best practice standards is excluded at this stage. (legislation.gov.uk)
The Irish Language Commissioner’s role begins in preparatory form. The Commissioner may develop best practice standards, submit them for approval to the First Minister and deputy First Minister, publish approved standards, and then review and revise them on a rolling basis. The functions to monitor compliance with those standards and to investigate complaints are not commenced. (legislation.gov.uk)
For Ulster Scots and the Ulster British tradition, the Commissioner’s functions are commenced to raise awareness of services, and to provide and publish advice, support and guidance, including on facilitating the use of Ulster Scots and on relevant international instruments. The complaints investigation function is not commenced. (legislation.gov.uk)
The regulations also bring into force the statutory definitions of “public authority” for these Parts of the 1998 Act. For both the Irish language and Ulster Scots provisions, a public authority is defined by reference to bodies listed in Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016, with specific exclusions; the First Minister and deputy First Minister may amend the list by regulations. (legislation.gov.uk)
In practical terms, Northern Ireland departments, arm’s‑length bodies and other listed authorities must build the identity principles into decision‑making from today and should expect OICE oversight through guidance, monitoring and reporting. This sits alongside existing equality and good relations duties under section 75 of the 1998 Act. (legislation.gov.uk)
For service managers, the next phase is preparation rather than immediate enforcement. The Irish Language Commissioner will draft and consult on standards before submitting them for ministerial approval and publication. Duties to have due regard to any published standards and the related complaints routes will apply once those provisions are commenced in a later phase and the standards are in place; the Act explicitly allows staged commencement. (legislation.gov.uk)
Today’s step follows earlier instruments. In May 2023, regulations established OICE and the two commissioner posts in the 1998 Act. In February 2025, separate commencement regulations activated the repeal of the 1737 language restriction in courts and introduced a duty to encourage and facilitate Ulster Scots in education. (legislation.gov.uk)
OICE has indicated publicly that its statutory functions would begin once a commencement order was made; with that now in place, the Office will transition from set‑up to delivery against its legislative aims. Organisations should monitor OICE publications for guidance and reporting expectations. (oice.org.uk)