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Northern Ireland Constitution Act 1973
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- UK Public General Acts
- 1973 c. 36
- Part IV
- Section 27
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Changes over time for: Section 27
Version Superseded: 02/12/1999
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- 01/02/1991- Amendment
- 01/02/1991
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27 Dissolution and prorogation. U.K.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
[F2(2)Any Assembly elected following the dissolution of its predecessor by Order in Council shall by virtue of this sub-section be dissolved on the fourth anniversary of the day appointed for the election of the members of that Assembly; and any Assembly elected otherwise than as aforesaid shall by virtue of this subsection be dissolved on the fourth anniversary of the dissolution of its predecessor.
(3)If, apart from this subsection, the date of dissolution under subsection (2) above would fall on a Saturday, Sunday, public holiday or bank holiday it shall fall on the next subsequent day which is not a Saturday, Sunday, public holiday or bank holiday.
In this subsection “bank holiday” means a day which by virtue of the M1Banking and Financial Dealings Act 1971 is a bank holiday in Northern Ireland.
(4)The Secretary of State may by order direct that any date of dissolution under subsection (2) above shall, instead of being determined in accordance with that subsection and subsection (3) above, be a date specified in the order, being a date falling not more than two months before or after the date so determined.]]
(5)If it appears to Her Majesty that the composition of the Assembly is such that it is not possible for the Secretary of State to make appointments under section 8 above which comply with the requirements of subsection (4) of that section and that it is in the public interest that the Assembly should be dissolved, Her Majesty, after taking into account any vote or resolution of the Assembly which appears to Her Majesty to be relevant, may by Order in Council direct that the date of dissolution for the Assembly, instead of being determined in accordance with the foregoing provisions of this section, shall be such earlier date as may be specified in the Order.
[F3(6)Her Majesty may by Order in Council prorogue or further prorogue the Assembly.]
(7)If the Assembly is dissolved in accordance with subsection . . . F4 (5) above Her Majesty may by Order in Council appoint a day for the election of members of a new Assembly; and the first meeting of the new Assembly shall be held on such day as the Secretary of State may by order direct.
(8)An Order in Council under this section may be varied or revoked by a subsequent Order and, except in the case of an Order proroguing the Assembly for a period of four months or less and not extending a previous period of prorogation, no recommendation shall be made to Her Majesty to make an Order under this section unless a draft of it has been approved by resolution of each House of Parliament.
(9)Any power of the Secretary of State to make an order under subsection (4) or (7) above includes power to vary or revoke a previous order and, in the case of an order under subsection (4), shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(10)An Order in Council under this section proroguing the Assembly shall specify the period of prorogation and the Assembly shall meet at the expiration of that period but without prejudice to the power of Her Majesty to recall it earlier and subject to any further prorogation or any dissolution by or under this section before the expiration of that period.
Textual Amendments
F1Ss. 13(4), 25(4)–(7), 26(8)(9) and 27(1) repealed by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 3
F3S. 27(6) substituted by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 2 para. 5(3)
F4Words repealed by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 3
Modifications etc. (not altering text)
C1Power to exclude s. 27 conferred by Northern Ireland Act 1982 (c. 38, SIF 29:3), s. 5(1)
C2S. 27 excluded by S.I. 1986/1036, art. 2
C3S. 27(7) extended by Northern Ireland Act 1974 (c. 28, SIF 29:3), s. 1(1)
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