The Northern Ireland Act 2000 (Modification) Order 2000

Statutory Instruments

2000 No. 1446

NORTHERN IRELAND

CONSTITUTIONAL LAW

The Northern Ireland Act 2000 (Modification) Order 2000

Approved by both Houses of Parliament

Made

27th May 2000

Laid before Parliament

5th June 2000

Coming into force

30th May 2000

Whereas the Secretary of State considers it expedient for this Order to be made without a draft thereof having been approved by a resolution of each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 6 of the Northern Ireland Act 2000(1), hereby makes the following Order:

1.  This Order may be cited as the Northern Ireland Act 2000 (Modification) Order 2000 and shall come into force on 30th May 2000.

2.—(1) The Northern Ireland Act 2000 shall be amended as follows—

(2) In section 3, after subsection (7) insert—

“(8) The Assembly may not make a determination under section 47 of the 1998 Act in respect of any period when section 1 was in force.

(9) No instrument made during any period when section 1 was in force shall be liable to annulment or capable of being revoked in pursuance of a resolution, motion or address of the Assembly.

(10) A restoration order shall not affect the operation of any Order in Council made under paragraph 1(1) of the Schedule during any period when section 1 was in force.”.

(3) In paragraph 9 of the Schedule, omit sub-paragraph (3).

Peter Mandelson

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

27th May 2000

Explanatory Note

(This note is not part of the Order)

This Order makes modifications to the Northern Ireland Act 2000, in consequence of provision made under section 2 of that Act, restoring devolved government in Northern Ireland on 30th May 2000 (see S.I. 2000 No. 1445).

Article 2 of the Order inserts three new subsections in section 3 of the 2000 Act—

• The effect of new subsection (8) is to prevent the Assembly, following restoration of devolved government, from making provision under section 47 of the Northern Ireland Act 1998 (c. 47) as to members' remuneration during the period when it was suspended. This new subsection replaces the provision made by paragraph 9(3) of the Schedule to the 2000 Act, which is repealed by Article 3(3) of the Order;

• New subsection (9) provides that instruments made while devolved government was suspended cannot be annulled or revoked by the Assembly following restoration; and

• New subsection (10) provides that Orders in Council made under the Schedule to the 2000 Act while devolved government was suspended are not affected by restoration.

(1)

2000 c. 1.