Northern Ireland Act 1998

Provisions relating to relevant Minister and deputy Minister U.K.

[F1 11E (1) When devolved policing and justice functions are first transferred to, or conferred on, the department mentioned in paragraph 11A, the relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.

(2) The relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8)—

(a) before section 18(2) to (6) is applied in relation to the other Ministerial offices; and

(b) before the procedures specified in any determination under section 19 are applied in relation to the junior Ministerial offices.

(3) Any member of the Assembly may stand as a candidate for election as—

(a) the relevant Minister; or

(b) the deputy Minister.

(4) But a member of the Assembly may not stand for election to either of those offices unless—

(a) he belongs to the largest or the second largest political designation (see paragraph 11H);

(b) he is nominated by another member of the Assembly; and

(c) if he is a member of a political party, the nominating officer of the party consents to his nomination within a period specified in standing orders.

(5) A candidate shall not be elected to either of those offices by the Assembly without the support of—

(a) a majority of the members voting in the election;

(b) a majority of the designated Nationalists voting; and

(c) a majority of the designated Unionists voting.

(6) A candidate shall not be elected to hold office as deputy Minister unless—

(a) the relevant Ministerial office is filled; and

(b) the candidate and the relevant Minister belong to different political designations.

(7) A person elected to the office of relevant Minister or deputy Minister shall not take up office until he has affirmed the terms of the pledge of office.

(8) If a person elected to either office does not take up the office within a period specified in standing orders, his election shall be deemed to be ineffective.

(9) The relevant Minister or the deputy Minister shall cease to hold office if—

(a) he resigns by notice in writing to the First Minister and the deputy First Minister;

(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution;

(c) where consent to his nomination was required under sub-paragraph (4)(c), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.

(10) If the relevant Minister or the deputy Minister ceases to hold office at any time, otherwise than by virtue of section 16A(2), the office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.

(11) But if—

(a) the relevant Ministerial office is filled by virtue of sub-paragraph (10); and

(b) the person appointed as the relevant Minister belongs to the same political designation as the deputy Minister,

the deputy Minister shall cease to hold office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.

(12) Standing orders may make provision with respect to the holding of elections under this paragraph.]

Textual Amendments

F1 Sch. 4A inserted (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 17, 31, Sch. 2 (as amended (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 9, 27, Sch. 5 paras. 8-14, Sch. 6 (with s. 1(3)); S.I. 2007/1397, art. 2 (which amending Act was itself amended (27.3.2007) by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)) and as amended (11.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 44, 53, Sch. 5 paras. 2, 3; S.I. 2009/446, art. 3); S.I. 2009/448, art. 2

Modifications etc. (not altering text)

C1 Sch. 4A para. 11E(1) applied (with modifications) (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 1, 5, Sch. 1 para. 8(8) (with Sch. 1 para. 8(9))