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Northern Ireland Act 1982

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This is the original version (as it was originally enacted).

1Proposals for general or partial suspension of direct rule

(1)Subject to the provisions of this section, the Northern Ireland Assembly may, with a view to the making of one or more Orders in Council under section 2 below, submit to the Secretary of State—

(a)proposals for the resumption by the Assembly and by persons responsible to it of all the functions that would be exercisable by them apart from Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (direct rule); or

(b)proposals for the resumption as aforesaid of those functions so far as relating to any transferred matters within the responsibilities of any one or more Northern Ireland departments.

(2)Proposals under paragraph (a) of subsection (1) above shall include proposals as to the composition of a Northern Ireland Executive and as to the other appointments to be made under section 8 of the Constitution Act; and proposals under paragraph (b) of that subsection shall include proposals as to the appointment under that section of a head of the Northern Ireland department or, as the case may be, each Northern Ireland department to which the proposals relate and may include proposals as to the appointment under that section of a person to assist any person appointed as head of any such department.

(3)Proposals under subsection (1) above may also include proposals for further provisions in the standing orders of the Assembly for the better conduct of any functions that would become exercisable by it in pursuance of those proposals.

(4)The Assembly shall not submit any proposals under this section unless—

(a)the proposals have the support of at least 70 per cent. of the members of the Assembly ; or

(b)the proposals have the support of a majority of those members and the Secretary of State has notified the Assembly that he is satisfied that the substance of the proposals is likely to command widespread acceptance throughout the community.

(5)The Secretary of State shall lay before Parliament any proposals submitted to him under this section.

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