Northern Ireland (Miscellaneous Provisions) Act 2006

Section 17

SCHEDULE 2 U.K. Department with policing and justice functions

The Schedule inserted after Schedule 4 to the 1998 Act is as follows—

Section 21A

“SCHEDULE 4A U.K. Department with policing and justice functions

Part 1 U.K. Department in the charge of Minister approved by resolution of Assembly

Introduction U.K.

1 (1) This Part of this Schedule has effect in relation to a Northern Ireland department—

(a) the functions of which consist wholly or mainly of devolved policing and justice functions; and

(b) in relation to which an Act of the Assembly provides, by virtue of section 21A(3), for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) appointed by virtue of a nomination—

(i) made by the First Minister and the deputy First Minister acting jointly; and

(ii) approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.

(2) In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

[F1 Modification of section 16A U.K.

1A Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

(aa) once those offices have been filled, the relevant Ministerial office (within the meaning of Part 1 of Schedule 4A) shall be filled by applying paragraph 3(3) to (6) of that Schedule; and

(b) once that office has been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).]

F1 Section 18 not to apply to relevant Minister U.K.

2 (1) Section 18 (Northern Ireland Ministers) shall not apply in relation to—

(a) the relevant Minister; or

(b) the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),

and paragraph 3 shall apply instead.

(2) But the references to Ministerial offices in—

(a) subsection (1)(c) and (d) of section 18; and

(b) subsection (5) of that section (in the definition of M),

shall be taken to include the relevant Ministerial office.

Provisions relating to relevant Minister U.K.

3 (1) Where any of the conditions in paragraphs [F2 (b) to (e)]F2 of section 18(1) is satisfied—

(a) the relevant Minister shall (if holding office at the time) cease to hold office; and

(b) the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

(2) The relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices.

(3) The First Minister and the deputy First Minister acting jointly shall nominate a member of the Assembly to hold the relevant Ministerial office.

[F3 (3A) But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.]

F3 (4) The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—

(a) a majority of the members voting on the motion for the resolution;

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

(c) a majority of the designated Unionists voting.

(5) If—

(a) the nomination does not take effect within a period specified in standing orders; or

(b) the nominated person does not take up the office for which he has been nominated within that period,

a further nomination of a member of the Assembly shall be made under sub-paragraph (3).

(6) Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial office is filled.

(7) The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold the relevant Ministerial office.

(8) The relevant Minister shall not take up office until he has affirmed the terms of the pledge of office.

(9) The relevant 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; or

(c) he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal[F4 ; or

(d) where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.]

F4 (10) If the relevant Minister ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1), the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

[F5 (10A) If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of sub-paragraph (10),—

(a) the total number of Ministerial offices held by members of a political party increases; or

(b) the total number of Ministerial offices held by members of a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.

(10B) But sub-paragraph (10A) shall not apply if—

(a) the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and

(b) before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer.

(10C) The conditions are that—

(a) the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the relevant Ministerial office but consent to his nomination was not given in accordance with sub-paragraph (3A); or

(b) the member was nominated under sub-paragraph (3) for the relevant Ministerial office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.]

F5 (11) Where—

(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

(12) Where—

(a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

(13) In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.

[F6 (14) In this paragraph “nominating officer” has the same meaning as in section 18.]

F6 Part 2 U.K. Department in the charge of two Ministers

Introduction U.K.

4 (1) This Part of this Schedule has effect in relation to a Northern Ireland department—

(a) the functions of which consist wholly or mainly of devolved policing and justice functions; and

(b) in relation to which an Act of the Assembly provides, by virtue of section 21A(4), for it to be in the charge of two Northern Ireland Ministers acting jointly (the “relevant Ministers”).

(2) In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

[F7 Modification of section 16A U.K.

4A Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

(aa) once those offices have been filled, the relevant Ministerial offices (within the meaning of Part 2 of Schedule 4A) shall be filled by applying paragraph 7(3) to (6) of that Schedule; and

(b) once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).]

F7 Modifications of section 17 U.K.

5 (1) Section 17 (Ministerial offices) has effect subject to the following modifications.

(2) Subsection (3) has effect subject to the provision of the Act of the Assembly referred to in paragraph 4(1)(b).

(3) The Ministerial offices held by the relevant Ministers (the “relevant Ministerial offices”) are to count as a single Ministerial office for the purposes of subsection (4).

Section 18 not to apply to relevant Ministers U.K.

6 (1) Section 18 (Northern Ireland Ministers) shall not apply in relation to—

(a) the relevant Ministers; or

(b) the relevant Ministerial offices,

and paragraph 7 shall apply instead.

(2) But the references to Ministerial offices in—

(a) subsection (1)(c) and (d) of section 18; and

(b) subsection (5) of that section (in the definition of M),

shall be taken to include the relevant Ministerial offices.

Provisions relating to relevant Ministers U.K.

7 (1) Where any of the conditions in paragraphs [F8 (b) to (e)]F8 of section 18(1) is satisfied—

(a) the relevant Ministers shall (if holding office at the time) cease to hold office; and

(b) the relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

(2) The relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices.

(3) The First Minister and the deputy First Minister acting jointly shall nominate two members of the Assembly to hold the relevant Ministerial offices.

[F9 (3A) But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.]

F9 (4) The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—

(a) a majority of the members voting on the motion for the resolution;

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

(c) a majority of the designated Unionists voting.

(5) If—

(a) the nomination does not take effect within a period specified in standing orders; or

(b) the nominated persons do not take up the offices for which they have been nominated within that period,

a further nomination of two members of the Assembly shall be made under sub-paragraph (3).

(6) Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial offices are filled.

(7) The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold a relevant Ministerial office.

(8) The relevant Ministers—

(a) shall not take up office until each of them has affirmed the terms of the pledge of office; and

(b) must take up office at the same time as each other.

(9) A relevant 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; or

(c) he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal[F10 ; or

(d) where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.]

F10 (10) If either of the relevant Ministers ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1)—

(a) the other shall also cease to hold office at that time; and

(b) the relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

[F11 (10A) If, as a result of the relevant Ministers (“the former Ministers”) ceasing to hold office and the relevant Ministerial offices being filled by virtue of sub-paragraph (10)(b),—

(a) the total number of Ministerial offices held by members of a political party increases; or

(b) the total number of Ministerial offices held by members of a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.

(10B) But sub-paragraph (10A) shall not apply if—

(a) either of the former Ministers ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and

(b) before the relevant Ministerial offices were filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer concerned.

(10C) The conditions are that—

(a) the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for one of the relevant Ministerial offices but consent to his nomination was not given in accordance with sub-paragraph (3A); or

(b) the member was nominated under sub-paragraph (3) for one of the relevant Ministerial offices and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.]

F11 (11) Where—

(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

(12) Where—

(a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

(13) In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.

[F12 (14) In this paragraph “nominating officer” has the same meaning as in section 18.]

F12 Part 3 U.K. Department with rotation between Minister and junior Minister

Introduction U.K.

8 (1) This Part of this Schedule has effect in relation to a Northern Ireland department—

(a) the functions of which consist wholly or mainly of devolved policing and justice functions; and

(b) in relation to which an Act of the Assembly provides, by virtue of section 21A(5)—

(i) for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) who is supported by a junior Minister (the “relevant junior Minister”); and

(ii) for the persons holding those offices to rotate at intervals determined by or under the Act.29

(2) In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

[F13 Modification of section 16A U.K.

8A Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

(aa) once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3 of Schedule 4A) and the relevant junior Ministerial office (within that meaning) shall be filled by applying paragraph 11(3) to (6) of that Schedule; and

(b) once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).]

F13 Section 18 not to apply to relevant Minister U.K.

9 (1) Section 18 (Northern Ireland Ministers) shall not apply in relation to—

(a) the relevant Minister; or

(b) the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),

and paragraph 11 shall apply instead.

(2) But the references to Ministerial offices in—

(a) subsection (1)(c) and (d) of section 18; and

(b) subsection (5) of that section (in the definition of M),

shall be taken to include the relevant Ministerial office.

(3) And the junior Ministerial office held by the relevant junior Minister (the “relevant junior Ministerial office”) shall be taken to be a Ministerial office for the purposes of subsection (5) of that section.

Certain provisions of section 19 not to apply to relevant junior Minister U.K.

10 (1) The provisions of section 19 (junior Ministers) specified in sub-paragraph (2) shall not apply in relation to—

(a) the relevant junior Minister; or

(b) the relevant junior Ministerial office,

and paragraph 11 shall apply instead.

(2) Those provisions are—

(a) so much of subsection (1)(a) as relates to the procedures for the appointment of persons as junior Ministers;

(b) subsection (2) (so that, in particular, the relevant junior Ministerial office shall not count for the purposes of any formulae or other rules mentioned in that subsection);

(c) subsection (3); and

(d) subsection (5).

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

11 (1) Where any of the conditions in paragraphs [F14 (b) to (e)]F14 of section 18(1) is satisfied—

(a) the relevant Minister and the relevant junior Minister shall (if holding office at the time) cease to hold office; and

(b) the relevant Ministerial office and the relevant junior Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

(2) The relevant Ministerial office and the relevant junior Ministerial office shall be filled by applying sub-paragraphs (3) to (6)—

(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 other junior Ministerial offices.

(3) The First Minister and the deputy First Minister acting jointly shall nominate—

(a) a member of the Assembly to hold the relevant Ministerial office; and

(b) a member of the Assembly to hold the relevant junior Ministerial office.

[F15 (3A) But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.]

F15 (4) The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—

(a) a majority of the members voting on the motion for the resolution;

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

(c) a majority of the designated Unionists voting.

(5) If—

(a) the nomination does not take effect within a period specified in standing orders; or

(b) the nominated persons do not take up the offices for which they have been nominated within that period,

a further nomination of two members of the Assembly shall be made under sub-paragraph (3).

(6) Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial office and the relevant junior Ministerial office are filled.

(7) The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold—

(a) the relevant Ministerial office; or

(b) the relevant junior Ministerial office.

(8) The relevant Minister and the relevant junior Minister—

(a) shall not take up office until each of them has affirmed the terms of the pledge of office; and

(b) must take up office at the same time as each other.

(9) The relevant Minister or the relevant junior 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; or

(c) he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal [F16 ; or

(d) where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.]

F16 (10) Sub-paragraph (11) applies if the relevant Minister or the relevant junior Minister ceases to hold office at any time, otherwise than—

(a) by virtue of sub-paragraph (1); or

(b) by virtue of the rotation of the persons holding those offices in accordance with provision referred to in paragraph 8(1)(b)(ii).

(11) Where this sub-paragraph applies—

(a) the other shall also cease to hold office at that time; and

(b) the relevant Ministerial office and the relevant junior Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.

[F17 (11A) If, as a result of the relevant Minister (“the former Minister”) and the relevant junior Minister (“the former junior Minister”) ceasing to hold office and the relevant Ministerial office and the relevant junior Ministerial office being filled by virtue of sub-paragraph (11)(b),—

(a) the total number of Ministerial offices or junior Ministerial offices held by members of a political party increases; or

(b) the total number of Ministerial offices or junior Ministerial offices held by members of a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.

(11B) But sub-paragraph (11A) shall not apply if—

(a) the former Minister or the former junior Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and

(b) before the relevant Ministerial office and the relevant junior Ministerial office were filled, either of the conditions in sub-paragraph (11C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer concerned.

(11C) The conditions are that—

(a) the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the appropriate office, but consent to his nomination was not given in accordance with sub-paragraph (3A); or

(b) the member was nominated under sub-paragraph (3) for the appropriate office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.

(11D) In sub-paragraph (11C) “the appropriate office” means—

(a) in relation to a person who was a member of the political party of the nominating officer who dismissed the former Minister, the relevant Ministerial office;

(b) in relation to a person who was a member of the political party of the nominating officer who dismissed the former junior Minister, the relevant junior Ministerial office.]

F17 (12) Where—

(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

(13) Where—

(a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under sub-paragraph (3).

(14) In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.

[F18 (15) In this paragraph “nominating officer” has the same meaning as in section 18.]

[F19 F18 Part 3A U.K. Department in the charge of Minister and deputy Minister

Introduction

11A (1) This Part of this Schedule has effect in relation to a Northern Ireland department—

(a) the functions of which consist wholly or mainly of devolved policing and justice functions; and

(b) in relation to which an Act of the Assembly provides, by virtue of section 21A(5A)—

(i) for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) elected by the Assembly; and

(ii) for that Minister to be supported by a deputy Minister (the “deputy Minister”) elected by the Assembly.

(2) In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).

Modification of section 16A

11B (1) Section 16A shall have effect subject to the following modifications.

(2) Subsection (2) shall have effect as if, at the end there were inserted “; and the deputy Minister (within the meaning of Part 3A of Schedule 4A) shall cease to hold office.”

(3) Subsection (3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—

(aa) once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3A of Schedule 4A) and the deputy Ministerial office (within that meaning) shall be filled by applying paragraph 11E(2)(b) and (3) to (8) of that Schedule; and

(b) once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).

Section 18 not to apply to relevant Minister

11C (1) Subject to sub-paragraphs (2) to (5), section 18 (Northern Ireland Ministers) shall not apply in relation to—

(a) the relevant Minister; or

(b) the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),

and paragraphs 11E to 11G shall apply instead.

(2) The references to Ministerial offices in subsection (1)(c) and (d) of section 18 shall be taken to include the relevant Ministerial office.

(3) In the application of section 18(5) to a political party which is entitled to two or more Ministerial offices, the reference to Ministerial offices (in the definition of M)—

(a) at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is nil, shall be taken not to include the relevant Ministerial office; but

(b) at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is one or more, shall be taken to include the relevant Ministerial office.

(4) In the application of section 18(5) to any other political party, that reference to Ministerial offices shall be taken to include the relevant Ministerial office.

(5) For the purposes of this paragraph, a political party is entitled to two or more Ministerial offices if the nominating officer of the party would be entitled to nominate persons to hold two or more Ministerial offices under section 18, assuming that—

(a) on each occasion on which a nominating officer of a political party is entitled to exercise the power conferred by section 18(2), he does so within the period mentioned in section 18(3)(a);

(b) the nominated person, in each case, takes up the selected Ministerial office within that period; and

(c) the reference in section 18(5) to Ministerial offices (in the definition of M) is taken to include the relevant Ministerial office.

Section 19 not to apply to deputy Minister

11D (1) The deputy Minister is to be treated for the purposes of this Act as if he were a junior Minister, but the provisions of section 19 (junior Ministers) shall not apply in relation to—

(a) him; or

(b) the office held by him (the “deputy Ministerial office”),

(so that, in particular, the deputy Ministerial office shall not count for the purposes of any formulae or other rules mentioned in section 19(2)); and the following provisions of this Part of this Schedule shall apply instead.

(2) The functions exercisable by virtue of the deputy Ministerial office shall be those determined in relation to that office by the relevant Minister and the deputy Minister acting jointly.

(3) The relevant Minister and the deputy Minister shall consult the First Minister and the deputy First Minister before making any determination under sub-paragraph (2).

Provisions relating to relevant Minister and deputy Minister

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.

Eligibility to become relevant Minister or deputy Minister

11F (1) The holding of office as First Minister or deputy First Minister shall not prevent a person being elected to hold—

(a) the relevant Ministerial office; or

(b) the deputy Ministerial office.

(2) Where—

(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under paragraph 11E(4)(b).

(3) Where—

(a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and

(b) the party's period of exclusion under that provision has not come to an end,

no member of that party may be nominated under paragraph 11E(4)(b).

(4) In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.

Change in number of Ministerial offices held by members of a political party

11G (1) If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of paragraph 11E(10)—

(a) the total number of Ministerial offices held by members of a political party increases; or

(b) the total number of Ministerial offices held by members of a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.

(2) But sub-paragraph (1) shall not apply if—

(a) the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under paragraph 11E(9)(c); and

(b) before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (3) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer.

(3) The conditions are that—

(a) another member of the Assembly sought to nominate the member under paragraph 11E(4)(b) for the relevant Ministerial office but consent to his nomination was not given in accordance with paragraph 11E(4)(c); or

(b) the member was elected to the relevant Ministerial office, but the member did not take up the office within the period specified in standing orders by virtue of paragraph 11E(8).

Interpretation

11H (1) In this Part of this Schedule “nominating officer” has the same meaning as in section 18.

(2) For the purposes of this Part of this Schedule, a member of the Assembly is to be taken—

(a) to belong to the political designation “Nationalist” if he is a designated Nationalist;

(b) to belong to the political designation “Unionist” if he is a designated Unionist;

(c) otherwise, to belong to the political designation “Other”;

and the size of each of the political designations “Nationalist”, “Unionist” and “Other” is to be determined in accordance with section 16C(4) and (5).]

F19 Part 4 U.K. Power to make further modifications

12 (1) Her Majesty may by Order in Council make such further modifications of any enactment (whenever passed or made) as appear to Her Majesty to be necessary or expedient—

(a) in consequence of, or

(b) for giving full effect to,

an Act of the Assembly which makes provision of the kind mentioned in section 21A(3), (4) [F20 , (5) or (5A) or an Order in Council under section 21A(7C)]F20 .

(2) No recommendation shall be made to Her Majesty to make an Order under this paragraph unless a draft of it has been laid before and approved by resolution of each House of Parliament.”

Textual Amendments

F1 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 5 para. 9} (with s. 1(3)); S.I. 2007/1397, art. 2

F2 Words in Sch. 2 substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 5 para. 10} (with s. 1(3)); S.I. 2007/1397, art. 2

F3 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 2(2)} (with s. 1(3)); S.I. 2007/1397, art. 2

F4 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 2(3)} (with s. 1(3)); S.I. 2007/1397, art. 2

F5 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 2(4)} (with s. 1(3)); S.I. 2007/1397, art. 2

F6 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 2(5)} (with s. 1(3)); S.I. 2007/1397, art. 2

F7 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 5 para. 11} (with s. 1(3)); S.I. 2007/1397, art. 2

F8 Words in Sch. 2 substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 5 para. 12} (with s. 1(3)); S.I. 2007/1397, art. 2

F9 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 3(2)} (with s. 1(3)); S.I. 2007/1397, art. 2

F10 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 3(3)} (with s. 1(3)); S.I. 2007/1397, art. 2

F11 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 3(4)} (with s. 1(3)); S.I. 2007/1397, art. 2

F12 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 3(5)} (with s. 1(3)); S.I. 2007/1397, art. 2

F13 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 5 para. 13} (with s. 1(3)); S.I. 2007/1397, art. 2

F14 Words in Sch. 2 substituted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 5 para. 14} (with s. 1(3)); S.I. 2007/1397, art. 2

F15 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 4(2)} (with s. 1(3)); S.I. 2007/1397, art. 2

F16 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1), Sch. 6 para. 4(3) (with s. 1(3)); S.I. 2007/1397, art. 2

F17 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 4(4)} (with s. 1(3)); S.I. 2007/1397, art. 2

F18 Words in Sch. 2 inserted (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 27(4)(5) (as amended by Northern Ireland (St. Andrews Agreement) Act 2007 (c. 4), s. 1(1)), {Sch. 6 para. 4(5)} (with s. 1(3)); S.I. 2007/1397, art. 2

F19 Words in Sch. 2 inserted (11.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), s. 44, 53, Sch. 5 para. 2; S.I. 2009/446, art. 3

F20 Words in Sch. 2 substituted (11.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 44, 53, Sch. 5 para. 3; S.I. 2009/446, art. 3