SCHEDULES

SCHEDULE 2 Amendments of Constitution and Assembly Acts

Appointment of heads of Northern Ireland departments and members of the Northern Ireland Executive

C11

In section 8 of the Constitution Act for subsections (1) to (7) there shall be subsituted—

1

The Secretary of State may on behalf of Her Majesty appoint—

a

persons to be heads of the Northern Ireland departments ; and

b

persons to discharge such other functions as he may determine.

2

The Secretary of State may likewise appoint all or any of the persons appointed under subsection (1) above to be members of the Northern Ireland Executive and, if he thinks fit, one of those persons to preside over the Executive as chief executive member.

3

The total number of persons at any time holding appointments under this section shall not exceed thirteen but the Secretary of State may by order made by statutory instrument increase or further increase that number and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

Subject to subsections (5) and (6) below, appointments under this section—

a

shall be from among persons who are members of the Assembly ; and

b

shall be such as will in the opinion of the Secretary of State command widespread acceptance throughout the community.

5

Without prejudice to subsection (6) below, two of the persons at any time holding appointments under this section may be persons who were not appointed from among members of the Assembly but not more than one of them shall be the head of a Northern Ireland department.

6

If at any time it appears to the Secretary of State that it is not possible to make an appointment which complies with the requirements of subsection (4) above he may make an appointment which does not comply with those requirements but any person so appointed shall not hold office for more than six months.

7

Before making any appointment under this section (otherwise than by virtue of subsection (6) above) the Secretary of State shall so far as practicable consult with the parties represented in the Assembly and take into account any proposals submitted to him under section 1 of the Northern Ireland Act 1982.

Annotations:
Modifications etc. (not altering text)
C1

The text of s. 7(3), Sch. 2 paras. 1, 2, 3(1)(2)(3), 5(1)(2)(3), 6(1)(2)(3)(4), 9 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Abolition of statutory consultative committees

C22

In the Constitution Act—

a

section 7(4) (which requires the head of a Northern Ireland department to consult with a consultative committee of the Assembly established in relation to that department) ; and

b

section 25(4) to (7) (which requires the standing orders of the Assembly to provide for the establishment of such consultative committees),

shall cease to have effect.

Annotations:
Modifications etc. (not altering text)
C2

The text of s. 7(3), Sch. 2 paras. 1, 2, 3(1)(2)(3), 5(1)(2)(3), 6(1)(2)(3)(4), 9 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Privileges and remuneration of the Assembly

3

C31

Section 26 of the Constitution Act shall be amended as follows.

C32

For subsection (1) there shall be substituted—

1

Subject to subsection (1A) below and to any provision made by Measure, the powers, privilages and immunities of the Assembly and of its members and committees shall be the same as those for the time being held and enjoyed by the House of Commons and its members and committees.

1A

Neither the Assembly nor its committees shall have power—

a

to require any person to give evidence, or to produce any papers, relating to any matter other than one in respect of which the Assembly has power to pass a Measure not requiring the consent of the Secretary of State ; or

b

to require any person to give evidence, or to produce any papers, relating to any matter which is or has been within his responsibility as a Minister of the government of the United Kingdom or as an officer of a department under the control of any such Minister.

C33

After subsection (2) there shall be inserted—

2A

An Order in Council under subsection (2) above increasing the salaries or allowances payable to members of the Assembly may be made with retrospective effect.

Annotations:
Modifications etc. (not altering text)
C3

The text of s. 7(3), Sch. 2 paras. 1, 2, 3(1)(2)(3), 5(1)(2)(3), 6(1)(2)(3)(4), 9 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4

The matters referred to in section 26(1A)(b) of the Constitution Act include any matter which is or has been within the responsibility of the Secretary of State by virtue of paragraph 2 of Schedule 1 to the M1Northern Ireland Act 1974 or within the responsibility of an officer of a Northern Ireland department under the control of the Secretary of State by virtue of that paragraph.

Dissolution and prorogation of Assembly

5

C41

Section 27 of the Constitution Act shall be amended as follows.

C42

For subsections (2) to (4) there shall be substituted—

2

Any Assembly elected following the dissolution of its predecessor by Order in Council shall by virtue of this subsection 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 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 Banking 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 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.

C43

For subsection (6) there shall be substituted—

6

Her Majesty may by Order in Council prorogue or further prorogue the Assembly.

Annotations:
Modifications etc. (not altering text)
C4

The text of s. 7(3), Sch. 2 paras. 1, 2, 3(1)(2)(3), 5(1)(2)(3), 6(1)(2)(3)(4), 9 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Power to legislate by Order in Council for reserved and other matters

6

C51

Section 38 of the Constitution Act shall be amended as follows.

C52

In subsection (1) for paragraph (b) there shall be substituted—

b

any reserved matter.

C53

In subsection (2) for the words “passed before this Act” shall be omitted.

C54

For subsection (5) there shall be substituted—

5

Subject to subsection (6) below, no recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been approved by resolution of each House of Parliament.

6

Subsection (5) above does not apply to an Order in Council which—

a

is made under subsection (1)(b) above; and

b

declares that it has been made to appear to Her Majesty that by reason of urgency the Order requries to be made without a draft having been approved as mentioned in subsection (5) above ;

but any such Order shall be laid before Parliament after being made and, if at the end of the period of forty days after the date on which it is made the Order has not been approved by resolution of each House, shall then cease to have effect (but without prejudice to anything previously done under the Order or to the making of a new Order).

In reckoning the period mentioned in this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

7

References to Measures in any enactment or instrument shall, so far as the context permits, be deemed to include references to Orders in Council under paragraph (b) of subsection (1) above ; and Orders in Council under that paragraph may be omitted from any annual edition of statutory instruments required to be prepared under regulations made by virtue of section 8 of the Statutory Instruments Act 1946.

Annotations:
Modifications etc. (not altering text)
C5

The text of s. 7(3), Sch. 2 paras. 1, 2, 3(1)(2)(3), 5(1)(2)(3), 6(1)(2)(3)(4), 9 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7

1

No recommendation shall be made to Her Majesty to make an Order in Council under section 38(1)(b) of the Constitution Act during the interim period referred to in section 1(3) of the Northern Ireland Act 1974.

2

Orders in Council under section 38(1)(b) of the Constitution Act shall not be regarded as subordinate legislation for the purposes of section 23(1) or (2) of the M2Interpretation Act 1978 but shall be Northern Ireland legislation for the purposes of section 24 of that Act.

Power to make consequential amendments

8

In section 39(1) of the Constitution Act the reference to that Act and an Order under section 3 of that Act shall include a reference to this Act and any Order under section 2 or 5(3) of this Act.

Excepted matters

C69

In paragraph 15 of Schedule 2 to the Constitution Act—

a

after the words “the Northern Ireland Assembly Act 1973 or this Act” there shall be inserted the words “ or by the Northern Ireland Act 1974 or the Northern Ireland Act 1982 ” ;

b

after the words “an Order in Council under section 6(4) or (5), 38 or 39 of this Act” there shall be inserted the words “ or under paragraph 1 of Schedule 1 to the said Act of 1974 ”.

Annotations:
Modifications etc. (not altering text)
C6

The text of s. 7(3), Sch. 2 paras. 1, 2, 3(1)(2)(3), 5(1)(2)(3), 6(1)(2)(3)(4), 9 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Cost of Assembly elections

10

Section 4(2) of the M3Northern Ireland Assembly Act 1973 shall apply also to any subsequent election of members of the Assembly, including by-elections.

Alteration of number of members to be returned by constituencies

11

In the Schedule to the Northern Ireland Assembly Act 1973 for the number of members specified in relation to each of the constituencies mentioned in the first column of the following Table there shall be substituted the number of members specified in relation to that constituency in the second column of that Table.

TABLE

Constituency

Substituted number of members to be returned

East Belfast

6

North Belfast

5

South Belfast

5

West Belfast

4

North Antrim

8

South Antrim

10

Armagh

7

North Down

8

South Down

7

Fermanagh and South Tyrone

5

Londonderry

7

Mid Ulster

6