Northern Ireland Act 1998

Subject to sections 6 to 8, the Assembly may make laws, to be known as Acts.

A Bill shall become an Act when it has been passed by the Assembly and has received Royal Assent.

A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Great Seal of Northern Ireland signed with Her Majesty’s own hand signifying Her Assent are notified to the Presiding Officer.

The date of Royal Assent shall be written on the Act by the Presiding Officer, and shall form part of the Act.

The validity of any proceedings leading to the enactment of an Act of the Assembly shall not be called into question in any legal proceedings.

This section does not affect the power of the Parliament of the United Kingdom to make laws for Northern Ireland, but an Act of the Assembly may modify any provision made by or under an Act of Parliament in so far as it is part of the law of Northern Ireland.

A provision of an Act is not law if it is outside the legislative competence of the Assembly.

Her Majesty may by Order in Council specify functions which are to be treated, for such purposes of this Act as may be specified, as being, or as not being, functions which are exercisable in or as regards Northern Ireland.

No recommendation shall be made to Her Majesty to make an Order in Council under subsection (4) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

An Act of the Assembly cannot modify, or confer power by subordinate legislation to modify, retained EU law so far as the modification is of a description specified in regulations made by a Minister of the Crown.

But subsection (1) does not apply to any modification so far as it would, immediately before exit day, have been within the legislative competence of the Assembly.

See also section 96A (duty to make explanatory statement about regulations under this section including a duty to explain any decision to lay a draft without the consent of the Assembly).

No regulations may be made under this section after the end of the period of two years beginning with exit day.

Subsection (7) does not affect the continuation in force of regulations made under this section at or before the end of the period mentioned in that subsection.

Any regulations under this section which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to any Act of the Assembly which receives Royal Assent after the end of that period.

Subsections (3) to (8) do not apply in relation to regulations which only relate to a revocation of a specification.

Regulations under this section may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Minister of the Crown making them considers appropriate.

Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying section 3(3) or (4) or 11(1) of the European Communities Act 1972.

In this Act “Minister”, unless the context otherwise requires, means the First Minister, the deputy First Minister or a Northern Ireland Minister.

The Assembly shall not pass a relevant Bill without cross-community support.

A Minister in charge of a Bill shall, on or before introduction of it in the Assembly, make a statement to the effect that in his view the Bill would be within the legislative competence of the Assembly.

The statement shall be in writing and shall be published in such manner as the Minister making the statement considers appropriate.

Standing orders shall ensure that a Bill is not introduced in the Assembly if the Presiding Officer decides that any provision of it would not be within the legislative competence of the Assembly.

In this section and section 14 “final stage”, in relation to a Bill, means the stage in the Assembly’s proceedings at which the Bill falls finally to be passed or rejected.

The F19Advocate General for Northern Ireland or the Attorney General for Northern Ireland may refer the question of whether a provision of a Bill would be within the legislative competence of the Assembly to the F20Supreme Court for decision.

If he notifies the Presiding Officer that he does not intend to make a reference in relation to a provision of a Bill, he shall not make such a reference unless, after the notification, the Bill is approved as mentioned in subsection (2)(b).

If the F21Supreme Court decides that any provision of a Bill would be within the legislative competence of the Assembly, F22its decision shall be taken as applying also to that provision if contained in the Act when enacted.

Standing orders may, in relation to different types of Bill, modify provisions made in pursuance of subsection (1)(a) or (b).

Standing orders shall, in particular, ensure that any Bill amended on reconsideration is subject to a final stage at which it can be approved or rejected but not amended.

References in subsection (5) and other provisions of this Act to the passing of a Bill shall, in the case of a Bill which has been amended on reconsideration, be read as references to the approval of the Bill.

It shall be the Secretary of State who submits Bills for Royal Assent.

The Secretary of State shall not submit a Bill for Royal Assent if the Assembly has passed the Bill in contravention of section 7A (cross-community support required for Bill altering size of Assembly).

Subsection (1) shall not apply to a Bill if the Secretary of State considers that it contains no provision which deals with an excepted or reserved matter except a provision which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only.

Subsection (1) shall not apply to a Bill if the Secretary of State considers that by reason of urgency it should be submitted for Royal Assent without first being laid before Parliament.

An Order in Council under subsection (4) may make such consequential and transitional provisions and such savings in connection with the repeal as appear to Her Majesty to be necessary or expedient.

Any notice of motion for the purposes of subsection (1) or (4) must be signed by not less than 20 members of the House in which it is given; and the period mentioned in that subsection shall be computed, in relation to each House, by reference only to days on which that House sits.

This section applies where an Assembly is elected under section 31 or 32.

All Northern Ireland Ministers shall cease to hold office.

The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.

The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.

If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).

Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.

But no person may take up office as First Minister, deputy First Minister or Northern Ireland Minister by virtue of this section after the end of the period mentioned in subsection (3) (see further section 32(3)).

The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.

Subject to the provisions of this Part, the First Minister and the deputy First Minister shall hold office until immediately before those offices are next filled by virtue of this section.

This section shall be construed in accordance with, and is subject to, section 16C.

Where the offices of the First Minister and the deputy First Minister become vacant at any time, they shall be filled by applying subsections (4) to (7) within a period of seven days beginning with that time.

The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.

The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.

If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).

Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.

But no person may take up office as First Minister or deputy First Minister under this section after the end of the period mentioned in subsection (3) (see further section 32(3)).

The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.

This section shall be construed in accordance with, and is subject to, section 16C.

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In this section “the relevant time” means the end of the day on which the Assembly first met following its election.

In this section, a reference to a period of exclusion F40... is, in the case of a period of exclusion F40... which has been extended, a reference to that period as extended.

Standing orders may make further provision in connection with the making of nominations under sections 16A and 16B.

In this Act “the pledge of office” means the pledge of office which, together with the code of conduct to which it refers, is set out in Schedule 4.

This subsection applies where provision is made by an Act of the Assembly for establishing a new Northern Ireland department or dissolving an existing one.

In making a determination under subsection (1), the First Minister and the deputy First Minister shall ensure that the functions exercisable by those in charge of the different Northern Ireland departments existing at the date of the determination are exercisable by the holders of different Ministerial offices.

The number of Ministerial offices shall not exceed 10 or such greater number as the Secretary of State may by order provide.

A determination under subsection (1) shall not have effect unless it is approved by a resolution of the Assembly passed with cross-community support.

The nominating officer of the political party for which the formula in subsection (5) gives the highest figure may select a Ministerial office and nominate a person to hold it who is a member of the party and of the Assembly.

Subsections (2) and (3) shall be applied as many times as may be necessary to secure that each of the Ministerial offices is filled.

The formula is—

$\frac{S}{1+M}$

where—

S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;

M = the number of Ministerial offices (if any) which are held by members of the party.

Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.

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

A Northern Ireland Minister shall not take up office until he has affirmed the terms of the pledge of office.

Where a Ministerial office is vacant otherwise than by virtue of subsection (1), the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.

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In this section, a reference to a period of exclusion F49... is, in the case of a period of exclusion F49... which has been extended, a reference to that period as extended.

Procedures specified in a determination under this section may apply such formulae or other rules as the First Minister and the deputy First Minister consider appropriate.

A determination under this section shall not take effect until it has been approved by a resolution of the Assembly.

A Minister or junior Minister ceases to hold that office on becoming the holder of a disqualifying office.

A person holding office as a member of the Northern Ireland Policing Board in accordance with paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 ceases to hold that office on becoming the holder of a disqualifying office.

There shall be an Executive Committee of each Assembly consisting of the First Minister, the deputy First Minister and the Northern Ireland Ministers.

The First Minister and the deputy First Minister shall be chairmen of the Committee.

The Committee shall have the functions set out in paragraphs 19 and 20 of Strand One of the Belfast Agreement.

Subsections (3) and (4) are subject to subsection (6).

Quasi-judicial decisions may be made by the Department of Justice or the Minister in charge of that Department without recourse to the Executive Committee.

Subject to subsection (2), the Northern Ireland departments existing on the appointed day shall be the Northern Ireland departments for the purposes of this Act.

Provision may be made by Act of the Assembly for establishing new Northern Ireland departments or dissolving existing ones.

The Act may provide for the department to be in the charge of two Northern Ireland Ministers acting jointly.

There must not, at any time, be more than one department in relation to which provision of the kind mentioned in any of subsections (3) F56, (3A),(4) , (5) and (5A) is made by Act of the Assembly , or by Order in Council under subsection (7C).

Schedule 4A (provisions relating to a department with devolved policing and justice functions) shall have effect.

The draft of an Order laid before Parliament under subsection (7A) may contain supplementary, incidental, consequential, transitional or saving provision.

If the draft of an Order laid before Parliament under subsection (7A) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.

No more than one department may be established by virtue of an Order under subsection (7C).

The Act or the Order may include provision for or in connection with securing that the department is to be treated, for the purposes of section 17, as not having been established until the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”).

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

In this section “relevant Minister”, “relevant Ministerial office”, “deputy Minister” and “deputy Ministerial office” have the same meaning as in Part 3A of Schedule 4A.

Standing orders shall require the committee established by virtue of section 29A to consider the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A.

If before the end of the period of three years beginning with the time of devolution (“the initial period”) the Assembly resolves that the deputy Ministerial office should be abolished at a time specified in the resolution (before the end of the initial period), the Secretary of State shall make an order abolishing the deputy Ministerial office (see subsection (9)) at, or as soon as reasonably practicable after, the time specified.

In this section “deputy Ministerial office” has the same meaning as in Part 3A of Schedule 4A.

An Act of the Assembly or other enactment may confer functions on a Minister (but not a junior Minister) or a Northern Ireland department by name.

Functions conferred on a Northern Ireland department by an enactment passed or made before the appointed day shall, except as provided by an Act of the Assembly or other subsequent enactment, continue to be exercisable by that department.

The executive power in Northern Ireland shall continue to be vested in Her Majesty.

As respects transferred matters, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall, subject to F63subsections (2A) and (3) , be exercisable on Her Majesty’s behalf by any Minister or Northern Ireland department.

So far as the Royal prerogative of mercy is exercisable on Her Majesty’s behalf under subsection (2), it is exercisable only by the Minister in charge of the Department of Justice.

As respects the Northern Ireland Civil Service and the Commissioner for Public Appointments for Northern Ireland, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall be exercisable on Her Majesty’s behalf by the First Minister and the deputy First Minister acting jointly.

The First Minister and deputy First Minister acting jointly may by prerogative order under subsection (3) direct that such of the powers mentioned in that subsection as are specified in the order shall be exercisable on Her Majesty’s behalf by a Northern Ireland Minister or Northern Ireland department so specified.

Subsection (1)(c) and (d) does not apply in relation to any act which is unlawful by virtue of the F65Fair Employment and Treatment (Northern Ireland) Order 1998, or would be unlawful but for some exception made by virtue of F65Part VIII of that Order.

A Minister or Northern Ireland department has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

See also section 96A (duty to make explanatory statement about regulations under subsection (3) including a duty to explain any decision to lay a draft without the consent of the Assembly).

No regulations may be made under subsection (3) after the end of the period of two years beginning with exit day.

Subsection (9) does not affect the continuation in force of regulations made under subsection (3) at or before the end of the period mentioned in subsection (9).

Any regulations under subsection (3) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

Subsections (5) to (10) do not apply in relation to regulations which only relate to a revocation of a specification.

Regulations under subsection (3) may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Minister of the Crown making them considers appropriate.

The restriction in subsection (3) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a Minister or Northern Ireland department to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision dealing with an excepted or reserved matter, the Secretary of State may by order revoke the legislation.

An order made under subsection (1) shall recite the reasons for revoking the legislation and may make provision having retrospective effect.

If the Secretary of State considers that any action proposed to be taken by a Minister or Northern Ireland department would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order, he may by order direct that the proposed action shall not be taken.

If the Secretary of State considers that any action capable of being taken by a Minister or Northern Ireland department is required for the purpose of giving effect to any international obligations, of safeguarding the interests of defence or national security or of protecting public safety or public order, he may by order direct that the action shall be taken.

In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Assembly.

An order under this section shall recite the reasons for making the order and may make provision having retrospective effect.

The provision referred to in subsection (1) is provision for the achievement by a Minister or Northern Ireland department (in the exercise of his or its functions) of so much of the result to be achieved under the international obligation or obligation under F9EU law as is specified in the order.

The order may specify the time by which any part of the result to be achieved by the Minister or department is to be achieved.

Where an order under subsection (1) is in force in relation to an international obligation or an obligation under F9EU law, the obligation shall have effect for the purposes of this Act as if it were an obligation to achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.

No order shall be made by a Minister of the Crown under subsection (1) unless he has consulted the Minister or department concerned.

No such arrangements shall affect the responsibility of the person on whose behalf any functions are discharged.

Without prejudice to the operation of section 24, a Minister or junior Minister shall act in accordance with the provisions of the Ministerial Code.

The Ministerial Code must include provision for requiring Ministers or junior Ministers to bring to the attention of the Executive Committee any matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.

The Ministerial Code must include provision for a procedure to enable any Minister or junior Minister to ask the Executive Committee to determine whether any decision that he is proposing to take, or has taken, relates to a matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.

The Ministerial Code may include such other provisions as the Executive Committee thinks fit.

Without prejudice to the operation of section 24, a Minister or junior Minister has no Ministerial authority to take any decision in contravention of a provision of the Ministerial Code made under subsection (5).

But this section does not apply if the Ministerial decision has previously been the subject of a reference under this section.

If the Presiding Officer, after consulting the political parties whose members hold seats in the Assembly, certifies that the Ministerial decision relates to a matter of public importance, he shall refer the decision to the Executive Committee for its consideration.

Any consideration by the Executive Committee of a Ministerial decision under this section must be completed before the end of the period of seven days beginning with the day on which the reference is made.

The periods mentioned in subsections (5) and (6) shall be computed by reference only to days on which the Assembly sits.

The Executive Committee shall adopt a strategy setting out how it proposes to enhance and protect the development of the Irish language.

The Executive Committee shall adopt a strategy setting out how it proposes to enhance and develop the Ulster Scots language, heritage and culture.

The Executive Committee shall adopt a strategy setting out how it proposes to tackle poverty, social exclusion and patterns of deprivation based on objective need.

The formula is—

$\frac{S}{1+C}$

where—

S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;

C = the number of chairmen and deputy chairmen of statutory committees (if any) who are members of the party.

Standing orders shall provide that, where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.

Standing orders shall provide that, where an office of chairman or deputy chairman is vacant, the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.

In this section “nominating officer” has the same meaning as in section 18.

The Assembly may, before a period of exclusion under subsection (1) F79... comes to an end, by resolution extend it until the end of such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.

The Assembly may, before a period of exclusion under subsection (2) F82... comes to an end, by resolution extend it until the end of such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.

If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.

A resolution under this section shall not be passed without cross-community support.

In this section 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.

Where this section applies because of the failure of a motion for a resolution under section 30(1), the Secretary of State may by direction exclude the Minister or junior Minister concerned from holding office as a Minister or junior Minister for such period of not less than three months, and not more than twelve months, beginning with the date of the direction as the direction may provide (subject to subsection (4)).

Where this section applies because of the failure of a motion for a resolution under section 30(1A), the Secretary of State may, before the period of exclusion to which the motion related comes to an end, by direction extend it until the end of such period of not less than three months, and not more than twelve months, beginning with the date of the direction as the direction may provide (subject to subsection (4)).

Where this section applies because of the failure of a motion for a resolution under section 30(2), the Secretary of State may by direction exclude members of the political party concerned from holding office as Ministers or junior Ministers for such period of not less than six months, and not more than twelve months, beginning with the date of the direction as the direction may provide (subject to subsection (7)).

Where this section applies because of the failure of a motion for a resolution under section 30(3), the Secretary of State may, before the period of exclusion to which the motion related comes to an end, by direction extend it until the end of such period of not less than six months, and not more than twelve months, beginning with the date of the direction as the direction may provide (subject to subsection (7)).

In subsection (1)(a) “the Monitoring Commission” means the Commission mentioned in section 1 of the Northern Ireland (Monitoring Commission etc.) Act 2003.

In this section 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.

F92...Under exceptional circumstances the Secretary of State may by direction temporarily exclude a Minister or junior Minister.

A direction made under this section shall be in writing and shall be laid before Parliament after the direction is given.

Subject to subsection (2), the date of the poll for the election of each Assembly shall be the first Thursday in May in the F95fifth calendar year following that in which its predecessor was elected; and the predecessor shall be dissolved at the beginning of the minimum period which ends with that date.

The date of the poll for the election of the Assembly next following the Assembly elected at the poll on 26 November 2003 shall be 7 March 2007; and the Assembly elected on 26 November 2003 shall be dissolved on 30 January 2007.

The Secretary of State may at any time by order direct that the date of the poll for the election of the next Assembly shall, instead of being that specified in subsection (1) F97. . . , be a date specified in the order being a date falling not more than two months before or after the date specified in that subsection.

An Assembly elected under this section or section 32 shall meet within the period of eight days beginning with the day of the poll at which it is elected.

For the purposes of subsection (4), a Saturday, a Sunday, Christmas Day, Good Friday and any day which is a bank holiday in Northern Ireland shall be disregarded F98, as shall any day on which section 1 of the Northern Ireland Act 2000 is in force.

In this section “minimum period” means a period determined in accordance with an order of the Secretary of State.

If the Assembly passes a resolution that it should be dissolved the Secretary of State shall propose a date for the poll for the election of the next Assembly.

A resolution under subsection (1) shall not be passed without the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly.

The members of the Assembly shall be returned for the parliamentary constituencies in Northern Ireland.

Each constituency shall return F100five members.

This section applies to elections of members of the Assembly, including by-elections.

Each vote in the poll at an election shall be a single transferable vote.

The Secretary of State may by order make provision about elections or any matter relating to them.

An order under subsection (4) may apply (with or without modifications) any provision of, or made under, any enactment.

An order under subsection (4) may make different provision for different areas about the conduct of elections, including different provision about the registration of persons entitled to vote at an election.

The Secretary of State may by order make provision for the filling of vacancies occurring in the Assembly’s membership.

Such provision may be made by reference to by-elections or substitutes or such other method of filling vacancies as the Secretary of State thinks fit.

If a seat becomes vacant, the Presiding Officer shall as soon as reasonably practicable inform the Chief Electoral Officer for Northern Ireland.

The validity of any proceedings of the Assembly is not affected by any vacancy in its membership.

An order under subsection (1) may apply (with or without modifications) any provision of, or made under, any enactment.

The M5Northern Ireland Assembly Disqualification Act 1975 shall have effect as if any reference to the Assembly established under section 1 of the M6Northern Ireland Assembly Act 1973 were a reference to the Assembly.

No recommendation shall be made to Her Majesty to make an Order in Council under section 3(1) of the Northern Ireland Assembly Disqualification Act 1975 (power to amend Schedule 1) without the consent of the Secretary of State.

A person who is Her Majesty’s Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland is disqualified for membership of the Assembly for a constituency comprising the whole or part of the county or county borough.

A person is disqualified for membership of the Assembly if he is disqualified for membership of the House of Commons otherwise than under the M7House of Commons Disqualification Act 1975.

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A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is disqualified under section 3 of the Act of Settlement (certain persons born out of the Kingdom) if he is a citizen of the European Union.

No order under subsection (2) shall affect the proceedings on any election petition or any determination of an election court.

The validity of any proceedings of the Assembly is not affected by the disqualification of any person from being a member of the Assembly or from being a member for the constituency for which he purports to sit.

A declaration made in accordance with this section shall be certified in writing to the Secretary of State by the court.

No such declaration shall be made in respect of a person on any grounds if an order has been made by the Assembly under subsection (2) of section 37 directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.

No declaration shall be made in respect of any person on grounds which subsisted when he was elected if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue.

The Secretary of State may by order substitute for the amount specified in subsection (2)(b) such other amount as may be specified in the order.

Each Assembly shall as its first business elect from among its members a Presiding Officer and deputies.

If the Presiding Officer or a deputy ceases to hold office (otherwise than under subsection (2)(c)) before the Assembly is dissolved, the Assembly shall elect another from among its members to fill his place.

The Presiding Officer’s functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.

The Presiding Officer may (subject to standing orders) authorise a deputy to exercise functions on his behalf.

Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Assembly.

A person shall not be elected under subsections (1) to (3) without cross-community support.

In subsection (2) “the prescribed number” means 5 or such other number as may be prescribed by standing orders.

The Commission shall provide the Assembly, or ensure that the Assembly is provided, with the property, staff and services required for the Assembly’s purposes.

The Assembly may give special or general directions to the Commission for the purpose of or in connection with the exercise of the Commission’s functions.

Proceedings by or against the Assembly (other than proceedings on the Crown side of the Queen’s Bench Division) shall be instituted by or against the Commission on behalf of the Assembly.

Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the Commission to which (apart from this subsection) the Assembly would be entitled or subject shall be treated for all purposes as property or liabilities of the Commission.

Any expenses of the Commission shall be defrayed out of money appropriated by Act of the Assembly.

Any sums received by the Commission shall be paid into the Consolidated Fund of Northern Ireland, subject to any provision made by Act of the Assembly for the disposal of or accounting for such sums.

Schedule 5 (which makes further provision about the Commission) shall have effect.

Standing orders shall provide for the procedure for giving the undertaking.

The procedure may not specify a day or period of time after which members are prohibited from giving the undertaking.

Subsection (1) applies to a person on each occasion when he or she becomes a member of the Assembly.

The proceedings of the Assembly shall be regulated by standing orders.

Standing orders shall not be made, amended or repealed without cross-community support.

Schedule 6 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect.

If 30 members petition the Assembly expressing their concern about a matter which is to be voted on by the Assembly, the vote on that matter shall require cross-community support.

Standing orders shall make provision with respect to the procedure to be followed in petitioning the Assembly under this section, including provision with respect to the period of notice required.

Standing orders shall provide that the matter to which a petition under this section relates may be referred, in accordance with paragraphs 11 and 13 of Strand One of the Belfast Agreement, to the committee established under section 13(3)(a).

Standing orders made in pursuance of subsection (1) or (2) may include provision for preventing or restricting the participation in proceedings of the Assembly of a member with a registrable interest, or an interest mentioned in subsection (2), in a matter to which the proceedings relate.

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for an offence under subsection (6) shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.

The power in subsection (1) is exercisable in relation to a person outside Northern Ireland only in connection with the discharge by him of functions relating to matters within subsection (2).

That power is not exercisable in relation to a person who is or has been a Minister of the Crown, or a person who is or has been in Crown employment within the meaning of Article 236 of the M9Employment Rights (Northern Ireland) Order 1996, in connection with the discharge of any functions prior to the appointed day F111or during a period when section 1 of the Northern Ireland Act 2000 was in force.

That power is not exercisable in relation to a person mentioned in subsection (4) in connection with the discharge, during a relevant period, of a function which relates to a matter which is a transferred matter by virtue of an Order under section 4.

For this purpose “relevant period” means a period when the matter was not a transferred matter.

That power may be exercised by a committee of the Assembly only if the committee is expressly authorised to do so by standing orders.

A person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in Northern Ireland.

In this section “statutory functions” means functions conferred by virtue of any enactment.

It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure.

Proceedings for an offence under this section shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.

For the purposes of section 44 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document.

Any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

The Assembly shall pay to members of the Assembly such salaries as F113may from time to time be determined .

The Assembly may pay to members of the Assembly such allowances as F114may from time to time be determined .

Different provision may be made for different cases (for example, provision for higher salaries to be payable to Ministers or other office holders).

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The appropriate amount is the amount of the salary payable under this section to members of the Assembly generally.

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Standing orders must include provision for the publication of every determination F122of salaries or allowances by provision under subsection (2A)(a) .

Provision under subsection (2A)(b) must include provision for the publication of every determination of salaries or allowances under that provision.

An office is within this subsection if the salary payable under this section to a member of the Assembly holding the office is higher than the salary payable under this section to members of the Assembly generally.

Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

The Assembly may, before the end of the period by reference to which a reduction under subsection (1) or (2) falls to be made, by resolution extend that period.

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If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.

In forming an opinion under subsection (7), the Secretary of State shall in particular take into account the matters listed in section 30(7).

A resolution under this section shall not be passed without cross-community support.

Where this section applies because of the failure of a motion for a resolution under section 47A(1), the Secretary of State may, in relation to the salary payable under section 47 to the Minister or junior Minister concerned, by direction provide that the whole or a specified part of the salary payable for a specified period shall not be payable (subject to subsection (4)).

Where this section applies because of the failure of a motion for a resolution under section 47A(2), the Secretary of State may, in relation to the salaries payable under section 47 to members of the Assembly who are members of the political party concerned, by direction provide that the whole or a specified part of the salaries payable for a specified period shall not be payable (subject to subsection (7)).

In subsection (1)(a) “the Monitoring Commission” means the Commission mentioned in section 1 of the Northern Ireland (Monitoring Commission etc.) Act 2003.

The power under section 47A(3) F134... to extend a period is a power to extend it until the end of such period of not more than 12 months beginning with the date of the resolution, F134..., by which the power is exercised as the resolution F134... may provide.

An office is within this subsection if the salary payable under section 47 to a member of the Assembly holding the office is higher than the salary payable under that section to members of the Assembly generally.

Where any salary payable to a person under section 47 is not payable because of F138section 47A , any provision made under this section for the payment of pensions which has effect in relation to him shall apply as if the salary were payable.

Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

If the First Minister and the deputy First Minister acting jointly so direct, impressions with the same device as the Great Seal of Northern Ireland shall be taken in such manner, of such size and on such material as is specified in the direction.

If a Wafer Great Seal of Northern Ireland has been applied to Letters Patent mentioned in subsection (1), the document has the same validity as if it had passed under the Great Seal of Northern Ireland.

The Assembly may, before the end of the period by reference to which a reduction under subsection (1) falls to be made, by resolution extend that period.

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If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.

In forming an opinion under subsection (6), the Secretary of State shall in particular take into account the matters listed in section 30(7).

A resolution under this section shall not be passed without cross-community support.

Where this section applies because of the failure of a motion for a resolution under section 51A(1), the Secretary of State may by direction provide that the whole or a specified part of any financial assistance payable for a specified period under the Financial Assistance for Political Parties Act (Northern Ireland) 2000 to the political party concerned shall not be payable (subject to subsection (5)).

Where this section applies because of the failure of a motion for a resolution under section 51A(2) to extend the period by reference to which a reduction under section 51A(1) falls to be made, the Secretary of State may, before the end of that period, by direction extend that period (subject to subsection (5)).

Where this section applies because of the failure of a motion for a resolution under section 51A(3) to extend the period by reference to which provision for non-payability under subsection (2) applies, the Secretary of State may, before the end of that period, by direction extend that period (subject to subsection (5)).

In subsection (1)(a) “the Monitoring Commission” means the Commission mentioned in section 1 of the Northern Ireland (Monitoring Commission etc.) Act 2003.

The power under section 51A(2) F146... to extend a period is a power to extend it until the end of such period of not more than 12 months beginning with the date of the resolution, F146..., by which the power is exercised as the resolution F146... may provide.

If the Secretary of State is of the opinion that the Assembly ought to consider a resolution to which this section applies, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.

In forming an opinion under subsection (3), the Secretary of State shall in particular take into account the matters listed in section 30(7).

A resolution to which this section applies shall not be passed without cross-community support.

The Consolidated Fund of Northern Ireland shall continue to exist.

The aggregate of the sums issued under subsection (1) for the service of year 2 shall not exceed 75 per cent of the total amount appropriated by Act for the service of year 1.

The aggregate of the sums issued under subsection (3), and (where applicable) the sums issued under subsection (1), for the service of any financial year shall not exceed 95 per cent of the total amount appropriated by Act for the service of the preceding financial year.

Standing orders shall make provision for establishing a committee of members of the Assembly to consider accounts, and reports on accounts, laid before the Assembly in pursuance of this section or any other enactment.

Persons (other than the Comptroller and Auditor General for Northern Ireland) charged with the exercise of any function under subsection (2) or other like function conferred by Northern Ireland legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly.

Subsection (2)(b) does not apply to accounts prepared by the Comptroller and Auditor General for Northern Ireland.

The Treasury may issue to the Secretary of State out of the National Loans Fund any sum which he requires for the making of an advance under this section.

The aggregate at any time outstanding in respect of the principal of sums advanced under this section shall not exceed £250 million.

Sums advanced under this section shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may determine.

Sums received by the Secretary of State under subsection (4) shall be paid into the National Loans Fund.

Amounts required for the repayment of, or the payment of interest on, sums advanced under this section shall be charged on the Consolidated Fund of Northern Ireland.

The Secretary of State may by order, with the consent of the Treasury, substitute for the amount specified in subsection (3) such increased amount as may be specified in the order.

The Minister of Finance and Personnel shall, before the beginning of each financial year, lay before the Assembly a draft budget, that is to say, a programme of expenditure proposals for that year which has been agreed by the Executive Committee in accordance with paragraph 20 of Strand One of the Belfast Agreement.

At least 14 days before laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the amount of UK funding for that year notified to the Minister by the Secretary of State.

At the same time as laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement showing that the amount of UK funding required by the draft budget does not exceed the amount specified under subsection (1A) for that year.

Subsection (1D) applies if, after a draft budget for a financial year has been laid before the Assembly, the Secretary of State notifies the Minister of Finance and Personnel that the amount of UK funding for that year has been revised to the amount specified in the notification.

Before the end of the period of four months beginning with the day on which the notification under subsection (1C) was given, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the revisions to the expenditure proposals which are required in consequence of the notification.

The amount of UK funding required by the expenditure proposals (taking account of the revisions under subsection (1D)) must not exceed the amount specified in the notification under subsection (1C).

The Assembly may, with cross-community support, approve a draft budget laid before them with or without modification.

In this section references to UK funding, in relation to a financial year, are to funding from such sources as are specified in the notification mentioned in subsection (1A) in relation to that year.

The Comptroller and Auditor General for Northern Ireland shall be appointed by Her Majesty on the nomination of the Assembly.

The Comptroller and Auditor General for Northern Ireland shall not, in the exercise of any of his functions, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly; but this subsection does not apply in relation to any function conferred on him of preparing accounts.

The accounts of the Consolidated Fund of Northern Ireland shall be audited by the Comptroller and Auditor General for Northern Ireland in accordance with the M13Exchequer and Audit Act Northern Ireland) 1921.

Subsection (4) is subject to any provision of an Act of the Assembly or other Northern Ireland legislation.

The Assembly shall not have power under Article 4(1) of the M14Audit (Northern Ireland) Order 1987 to pass at any time a resolution which reduces the salary payable to a person holding the office of Comptroller and Auditor General for Northern Ireland at that time.

Standing orders shall make provision for establishing a committee of members of the Assembly to exercise, in place of the Department of Finance and Personnel, the functions conferred on that Department by Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses of Northern Ireland Audit Office).

No more than one member of the committee established under subsection (3) of section 60 may be a member of the committee established under this section.

The committee established under this section shall, in discharging its functions, have regard to the advice of the committee established under that subsection and of the Department of Finance and Personnel.

The Treasury may require the Northern Ireland Ministers and departments to provide, within such period as the Treasury may specify, such information, in such form and prepared in such manner, as the Treasury may specify.

If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement.

There shall be a body corporate to be known as the Northern Ireland Human Rights Commission.

The Commission shall consist of a Chief Commissioner and other Commissioners appointed by the Secretary of State.

In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.

Schedule 7 (which makes supplementary provision about the Commission) shall have effect.

The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights.