Northern Ireland Act 1998

Consent resolution: requirement to consider motion U.K.

[F1 15. (1) This paragraph applies in either of the following cases.

(2) Case A is where—

(a) the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period, and

(b) before the start of the final one month of the current period, no member of the Assembly has tabled notice of a motion for a consent resolution which relates to the new continuation period.

(3) Case B is where—

(a) the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period,

(b) before the start of the final one month of the current period, a member of the Assembly tables notice of a motion for a consent resolution which relates to the new continuation period, and

(c) before the start of the final 25 days of the current period, the question on that motion is not decided by the Assembly.

(4) The Assembly must sit at noon on the required sitting day (whether or not the Assembly would otherwise be sitting on that day, or at that time, and whether or not that day falls during a recess).

(5) If, before the start of the required sitting day, a member of the Assembly has not tabled notice of a motion for a consent resolution which relates to the new continuation period, the Presiding Officer must table such a motion.

(6) Sub-paragraph (5) does not prevent any other members of the Assembly—

(a) from adding their names to the notice of the motion that has been tabled as soon as practicable on that day, or

(b) having done so, from moving the motion,

in accordance with the standing orders or practice of the Assembly.

(7) The fact that a motion tabled by the Presiding Officer in accordance with sub-paragraph (5) is tabled on the required sitting day does not prevent the motion from being proceeded with on that day in accordance with this paragraph.

(8) The motion for the consent resolution is to be proceeded with in the Assembly on the required sitting day—

(a) as the first business on that day; or

(b) where the election of the Presiding Officer or any deputy or deputies is, by virtue of this Act, any other enactment or the standing orders of the Assembly, required to be the first business on that day, as the first business after the election of the Presiding Officer or deputy or deputies.

(9) The Presiding Officer must move the motion for the consent resolution if no other member of the Assembly moves it when it is required to be proceeded with in accordance with sub-paragraph (8).

(10) The question on the motion for the consent resolution (if not already put) is to be put—

(a) at 6:00pm on the required sitting day, if the motion is proceeded with as the first business on the required sitting day (in accordance with sub-paragraph (8)(a));

(b) six hours after the motion is moved, if the motion is proceeded with as the first business after the election of the Presiding Officer or the deputy or deputies on the required sitting day (in accordance with sub-paragraph (8)(b)).

(11) The Assembly may not be adjourned on the required sitting day until after the declaration of the result of the division or vote on the question on the motion for the consent resolution.

(12) Accordingly, no motion for the adjournment of the debate on the motion for the consent resolution, or of the Assembly, may be taken on the required sitting day until after the declaration of that result.

(13) If the question on the motion for the consent resolution is not put as required by sub-paragraph (10), and is not put at any later time on the required sitting day, then—

(a) the earliest day after that day that is not an excluded day is to be regarded as the required sitting day for the purposes of this paragraph, and

(b) sub-paragraphs (4) to (12) and this sub-paragraph are to apply again accordingly.

(14) This paragraph has effect subject to paragraph 16.

(15) In this paragraph and paragraph 16—

• “excluded day” means—

  (a)

  Saturday,

  (b)

  Sunday,

  (c)

  Christmas Day,

  (d)

  Good Friday, and

  (e)

  any day that is a public holiday in Northern Ireland;

• “required sitting day” means the earliest day during the final 25 days of the current period that is not an excluded day.]

Textual Amendments

F1 Sch. 6A inserted (10.12.2020) by The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 (S.I. 2020/1500), regs. 1(2), 2(3)