SCHEDULE 1 Polls for the purposes of section 1
1
The Secretary of State may by order direct the holding of a poll for the purposes of section 1 on a date specified in the order.
2
Subject to paragraph 3, the Secretary of State shall exercise the power under paragraph 1 if at any time it appears likely to him that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland.
3
The Secretary of State shall not make an order under paragraph 1 earlier than seven years after the holding of a previous poll under this Schedule.
4
(1)
An order under this Schedule directing the holding of a poll shall specify—
(a)
the persons entitled to vote; and
(b)
the question or questions to be asked.
(2)
An order—
(a)
may include any other provision about the poll which the Secretary of State thinks expedient (including the creation of criminal offences); and
(b)
may apply (with or without modification) any provision of, or made under, any enactment.
SCHEDULE 2 Excepted matters
1
The Crown, including the succession to the Crown and a regency, but not—
(a)
functions of the First Minister and deputy First Minister, the Northern Ireland Ministers or the Northern Ireland departments, or functions in relation to Northern Ireland of any Minister of the Crown;
(b)
property belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police);
(c)
the foreshore or the sea bed or subsoil or their natural resources so far as vested in Her Majesty in right of the Crown.
2
The Parliament of the United Kingdom; parliamentary elections, including the franchise; disqualifications for membership of that Parliament.
3
International relations, including relations with territories outside the United Kingdom, F1the European Union (and their institutions) and other international organisations F2and extradition , and international development assistance and co-operation, but not—
(a)
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(aa)
co-operation between the Police Service of Northern Ireland and the Garda Síochána with respect to any of the following matters—
(i)
transfers, secondments, exchanges or training of officers;
(ii)
communications (including liaison and information technology);
(iii)
joint investigations;
(iv)
disaster planning;
(b)
the exercise of legislative powers so far as required for giving effect to any agreement or arrangement entered into—
(i)
by a Minister or junior Minister participating, by reason of F5any provision of section 52A or 52B , in a meeting of the North-South Ministerial Council or the British-Irish Council; or
(ii)
by, or in relation to the activities of, any body established for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council;
(c)
observing and implementing international obligations F6and obligations under the Human Rights Convention.
In this paragraph “the Human Rights Convention” means the following as they have effect for the time being in relation to the United Kingdom—
(a)
the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950; and
(b)
any Protocols to that Convention which have been ratified by the United Kingdom.
4
The defence of the realm; trading with the enemy; the armed forces of the Crown but not any matter within paragraph 10 of Schedule 3; war pensions; the Ministry of Defence Police.
5
Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
6
Dignities and titles of honour.
7
Treason but not powers of arrest or criminal procedure.
8
Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.
9
The following matters—
(a)
taxes or duties under any law applying to the United Kingdom as a whole;
(b)
stamp duty levied in Northern Ireland before the appointed day; and
(c)
taxes or duties substantially of the same character as those mentioned in sub-paragraph (a) or (b).
F79A
Child Trust Funds.
F89C
The operation of the Small Charitable Donations Act 2012.
F99D
Bonuses under the Savings (Government Contributions) Act 2017.
10
The following matters—
(a)
national insurance contributions;
(b)
the control and management of the Northern Ireland National Insurance Fund and payments into and out of that Fund;
(c)
reductions in and deductions from national insurance contributions;
(d)
national insurance rebates;
(e)
payments out of public money to money purchase pension schemes;
(f)
contributions equivalent premiums;
(g)
rights to return to the state pension scheme.
Sub-paragraph (a) includes the determination, payment, collection and return of national insurance contributions and matters incidental to those matters.
Sub-paragraph (b) does not include payments out of the Northern Ireland National Insurance Fund which relate to—
(i)
the benefits mentioned in section 143(1) of the M1Social Security Administration (Northern Ireland) Act 1992, or benefits substantially of the same character as those benefits; or
(ii)
administrative expenses incurred in connection with matters not falling within sub-paragraphs (a) to (g).
Sub-paragraphs (b) and (e) do not include payments out of or into the Northern Ireland National Insurance Fund under—
(i)
section 172(1)(b), (2)(a) or (7)(c) of the M2Pension Schemes (Northern Ireland) Act 1993; or
(ii)
Article 202, 227, 234 or 252 of the M3Employment Rights (Northern Ireland) Order 1996.
In this paragraph “” has the meaning given by section 51(2) of the Pension Schemes (Northern Ireland) Act 1993.
F1010A
Tax credits under Part 1 of the Tax Credits Act 2002.
F1110B
F12Health in pregnancy grant, Child benefit and guardian’s allowance.
F1310C
The operation of the Childcare Payments Act 2014.
11
The F14determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) of judges of the F15Court of Judicature of Northern Ireland, holders of offices listed in column 1 of Schedule 3 to the M4Judicature (Northern Ireland) Act 1978, county court judges, recorders, resident magistrates, F16... coroners, the Chief and other Social Security Commissioners for Northern Ireland F17and the Chief and other Child Support Commissioners for Northern Ireland .
F1811A
The Supreme Court F19, but not rights of appeal to the Supreme Court or legal aid for appeals to the Supreme Court .
12
F20(1)
Elections, including the franchise, in respect of the Northern Ireland Assembly F21... and district councils.
F22(2)
This paragraph does not apply to—
(a)
the division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts,
(b)
the determination of the names of district electoral areas, or
(c)
the determination of the number of councillors to be elected for a district electoral area or a local government district.
F2313
The subject-matter of the Political Parties, Elections and Referendums Act 2000 with the exception of Part IX (political donations etc. by companies).
This paragraph does not include the funding of political parties for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties.
14
Coinage, legal tender and bank notes.
15
The National Savings Bank.
16
The subject-matter of the M5Protection of Trading Interests Act 1980.
F2416A
Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.
In this paragraph—
“Public authority” means a person who exercises functions of a public nature.
“Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.
A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.
A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.
17
National security (including the Security Service, the Secret Intelligence Service and the Government Communications Headquarters); special powers and other provisions for dealing with terrorism or subversion; F25the Technical Advisory Board provided for by section 245 of the Investigatory Powers Act 2016; the subject-matter of—
(a)
the Official Secrets Acts M61911 and M71920;
F26(b)
the subject-matter of sections 3 to 10, Schedule 1, Part 2 and Chapter 1 of Part 6 of the Investigatory Powers Act 2016, except so far as relating to the prevention or detection of serious crime (within the meaning of that Act);
(c)
the M8Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.
18
Nuclear energy and nuclear installations, including nuclear safety, security and safeguards, and liability for nuclear occurrences, but not the subject-matter of—
(a)
section 3(5) to (7) of the M9Environmental Protection Act 1990 (emission limits); or
(b)
the M10Radioactive Substances Act 1993.
19
Regulation of sea fishing outside the Northern Ireland zone (except in relation to Northern Ireland fishing boats).
In this paragraph “Northern Ireland fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the M11Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.
20
Regulation of activities in outer space.
F2720A
Regulation of activities in Antarctica (which for these purposes has the meaning given by section 1 of the Antarctic Act 1994).
21
Any matter with which a provision of the M12Northern Ireland Constitution Act 1973F28, other than section 36(1)(c), solely or mainly deals.
F2921A
The office and functions of the Advocate General for Northern Ireland.
22
Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—
(a)
Parts I and II;
(b)
Part III except sections 19, 20, 22, 23(2) to (4) F30, 28, 28A, 28B, 28D and 28E ;
(c)
Part IV except sections 40, 43, 44(8) and 50 and Schedule 5;
(d)
in Part V, sections F3152A to 52C and 54;
(e)
Part VI except sections 57(1) and 67;
F32(f)
in Part VII, sections 69B, 71(1) and (2) and (3) to (5), 74(5) and (6), 76 and 78;
(g)
in Part VIII, sections 79 to 83 and Schedule 10.
This paragraph does not apply to—
(i)
any matter in respect of which it is stated by this Act that provision may be made by Act of the Assembly;
(ii)
any matter to which a description specified in this Schedule or Schedule 3 is stated not to apply; or
(iii)
any matter falling within a description specified in Schedule 3.
SCHEDULE 3 Reserved matters
1
The conferral of functions in relation to Northern Ireland on any Minister of the Crown F33apart from the Advocate General for Northern Ireland .
2
Property belonging to Her Majesty in right of the Crown or belonging to a department of the Government of the United Kingdom or held in trust for Her Majesty for the purposes of such a department (other than property used for the purposes of the armed forces of the Crown or the Ministry of Defence Police).
3
Navigation, including merchant shipping, but not harbours or inland waters.
4
Civil aviation but not aerodromes.
5
The foreshore and the sea bed and subsoil and their natural resources (except so far as affecting harbours); submarine pipe-lines; submarine cables, including any land line used solely for the purpose of connecting one submarine cable with another.
6
Domicile.
F347
The subject-matter of the Postal Services Act 2000.
This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices.
In this paragraph “postal services” and “public post offices” have the same meanings as in the Postal Services Act 2000.
F357A
The alteration of the number of members of the Assembly returned for each constituency.
This paragraph does not include—
(a)
the alteration of that number to a number lower than five or higher than six, or
(b)
the provision of different numbers for different constituencies.
8
Disqualification for membership of the Assembly; privileges, powers and immunities of the Assembly, its members and committees greater than those conferred by section 50.
F369
(1)
The following matters—
F37(a)
the subject-matter of Parts 2 and 3 of the Regulation of Investigatory Powers Act 2000, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;
(aa)
the subject-matter of the following provisions of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of serious crime (within the meaning of that Act)—
(i)
sections 3 to 10 and Schedule 1,
(ii)
Part 2, and
(iii)
Chapter 1 of Part 6;
(ab)
the subject-matter of section 11, Parts 3 and 4 and Chapter 2 of Part 6 of the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act) or the prevention of disorder;
(ac)
the subject-matter of section 12 of, and Schedule 2 to, the Investigatory Powers Act 2016, so far as relating to the prevention or detection of crime (within the meaning of that Act);
(b)
in relation to the prevention or detection of crime, the subject-matter of Part 3 of the Police Act 1997;
(c)
the operation of—
(i)
sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and Security (Northern Ireland) Act 2007, and
(ii)
section 102 of, and Schedule 12 to, the Terrorism Act 2000;
(d)
in relation to terrorism, the exercise of the Royal prerogative of mercy;
(e)
the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 and the operation of Part 1 of the Criminal Procedure and Investigations Act 1996 where a certificate under section 1 of the 2007 Act has been issued;
(f)
in relation to the regulation of drugs or other substances through the criminal law (including offences, exceptions to offences, penalties, powers of arrest and detention, prosecutions and the treatment of offenders) or otherwise in relation to the prevention or detection of crime—
(i)
the subject-matter of the Misuse of Drugs Act 1971;
(ii)
the subject-matter of sections 12 and 13 of the Criminal Justice (International Co-operation) Act 1990;
F38(g)
the National Crime Agency;
(h)
in relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order.
(2)
In sub-paragraph (1)(h) “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime.
(3)
This paragraph does not include any excepted matters or any matter within paragraph 10 of this Schedule.
F399A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4010
(1)
The subject-matter of the Public Processions (Northern Ireland) Act 1998.
(2)
In relation to the maintenance of public order, the armed forces of the Crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order).
(3)
This paragraph does not include any matter within paragraph 17 of Schedule 2.
F4111
The operation of the temporary provisions, as defined in section 47 of the Police (Northern Ireland) Act 2000.
F4211A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4312
(1)
Items for the time being specified in Article 45(1) or (2) of the Firearms (Northern Ireland) Order 2004; and the subject-matter of Article 45(10) of that Order.
(2)
The security of explosives, including—
(a)
the prevention of loss or theft of explosives,
(b)
the prevention of the use of explosives for wrongful purposes, and
(c)
the detection, identification and traceability of explosives.
This sub-paragraph does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the Explosives Act (Northern Ireland) 1970.
13
Civil defence.
14
The subject-matter of F44Part 2 of the Civil Contingencies Act 2004 .
F4514A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4715A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
The F48... Civil Service Commissioners for Northern Ireland.
F4917
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the M13Social Security Administration (Northern Ireland) Act 1992 (Social Security Advisory Committee and Industrial Injuries Advisory Council).
19
The subject-matter of the Vaccine Damage Payment Scheme.
20
Import and export controls and trade with any place outside the United Kingdom but not—
(a)
the furtherance of the trade of Northern Ireland or the protection of traders in Northern Ireland against fraud;
(b)
services in connection with, or the regulation of, the quality, insurance, transport, marketing or identification of agricultural or food products, including livestock;
(c)
the prevention of disease or the control of weeds and pests;
(d)
aerodromes and harbours;
(e)
any matter within paragraph 4 of Schedule 2.
21
The subject-matter of the M14National Minimum Wage Act 1998.
22
The subject-matter of the following provisions of the M15Pension Schemes Act 1993—
(a)
section 6(1), (2)(a)(i), (iii) and (iv) and (b), (3), (4) and (8) (registration of occupational and personal pension schemes);
(b)
section 145 (Pensions Ombudsman).
23
The following matters—
(a)
financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance;
(b)
financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
This paragraph does not include the subject-matter of—
(a)
the M16Industrial and Provident Societies Act Northern Ireland) 1969;
(b)
the M17Credit Unions (Northern Ireland) Order 1985;
(c)
the M18Companies (Northern Ireland) Order 1986;
(d)
the M19Insolvency (Northern Ireland) Order 1989;
(e)
the M20Companies (Northern Ireland) Order 1990;
(f)
the M21Companies (No.2) (Northern Ireland) Order 1990;
(g)
the M22Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.
24
The subject-matter of—
(a)
the M23Building Societies Act 1986;
(b)
the M24Friendly Societies Act 1992.
25
The subject-matter of F50the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 , but in relation to any type of business.
F5125A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
27
Intellectual property but not the subject-matter of Parts I and II of the M25Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).
28
Units of measurement and United Kingdom primary standards.
29
Telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the M26Broadcasting Act 1990); internet services; electronic encryption; the subject matter of Part II of the M27Wireless Telegraphy Act 1949 (electromagnetic disturbance).
30
The National Lottery (except in so far as any matter within Schedule 2 is concerned).
31
Xenotransplantation.
32
Surrogacy arrangements, within the meaning of the M28Surrogacy Arrangements Act 1985, including the subject-matter of that Act.
33
The subject-matter of the M29Human Fertilisation and Embryology Act 1990.
34
Human genetics.
35
Research Councils within the meaning of the M30Science and Technology Act 1965.
F5235A
United Kingdom Research and Innovation.
36
Areas in which industry may qualify for assistance under Part III of the M31Industrial Development Act 1982.
37
Consumer safety in relation to goods.
38
F53The subject matter of all technical standards and requirements in relation to products that had effect immediately before F54IP completion day in pursuance of an obligation under EU law, other than standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides.
39
The subject-matter of section 3(5) to (7) of the M32Environmental Protection Act 1990 (emission limits); the environmental protection technology scheme for research and development in the United Kingdom.
40
The subject-matter of—
(a)
the M33Data Protection Act 1984;
(b)
the M34Data Protection Act 1998; and
(c)
Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and free movement of such data).
41
Oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 77(3).
F5541A
(1)
The division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts.
(2)
The determination of the names of district electoral areas.
(3)
The determination of the number of councillors to be elected for a district electoral area or a local government district.
42
Any matter with which a provision of this Act falling within the following sub-paragraphs solely or mainly deals—
(a)
in Part III, sections 19, 20 F56, 28, 28A and 28B ;
F57(aa)
in Part VII, sections 68 to 69A, 69C to 70, 71(2A) to (2C) and Schedule 7;
(b)
in Part VII, sections 73, 74(3) and (4), 75 and 77(1), (2) and (4) to (8) and Schedules 8 and 9;
F58(ba)
in Part VII, sections 78A to 78E;
(c)
in Part VIII, sections 90 to 93 and Schedule 11.
This paragraph does not apply to—
(i)
any matter in respect of which it is stated by this Act that provision may be made by Act of the Assembly; or
(ii)
any matter to which a description specified in this Schedule or Schedule 2 is stated not to apply.
SCHEDULE 4 Annex A to Strand One of Belfast Agreement
Pledge of Office
To pledge:
(a)
to discharge in good faith all the duties of office;
(b)
commitment to non-violence and exclusively peaceful and democratic means;
(c)
to serve all the people of Northern Ireland equally, and to act in accordance with the general obligations on government to promote equality and prevent discrimination;
F59(ca)
to promote the interests of the whole community represented in the Northern Ireland Assembly towards the goal of a shared future;
(cb)
to participate fully in the Executive Committee, the North-South Ministerial Council and the British-Irish Council;
(cc)
to observe the joint nature of the offices of First Minister and deputy First Minister;
(cd)
to uphold the rule of law based as it is on the fundamental principles of fairness, impartiality and democratic accountability, including support for policing and the courts as set out in paragraph 6 of the St Andrews Agreement;
F60(ce)
to support the rule of law unequivocally in word and deed and to support all efforts to uphold it;
(cf)
to work collectively with the other members of the Executive Committee to achieve a society free of paramilitarism;
(cg)
to challenge all paramilitary activity and associated criminality;
(ch)
to call for, and to work together with the other members of the Executive Committee to achieve, the disbandment of all paramilitary organisations and their structures;
(ci)
to challenge paramilitary attempts to control communities;
(cj)
to support those who are determined to make the transition away from paramilitarism;
(ck)
to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment;
(d)
to participate with colleagues in the preparation of a programme for government;
(e)
to operate within the framework of that programme when agreed within the Executive Committee and endorsed by the Assembly;
(f)
to support, and act in accordance with, all decisions of the Executive Committee and Assembly;
(g)
to comply with the Ministerial Code of Conduct.
F61Paragraph 6 of the St Andrews Agreement says: We believe that the essential elements of support for law and order include endorsing fully the Police Service of Northern Ireland and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions, including the Policing Board.
Code of Conduct
F621
(1)
Ministers must at all times—
(a)
maintain the highest standards of conduct and behave in a way that upholds the highest standards of propriety;
(b)
be accountable to the Assembly and the public for the decisions and actions of their departments and agencies, including stewardship of public funds and the extent to which key performance targets and objects have been met;
(c)
uphold the Nolan principles;
(d)
comply with this code and with rules relating to the use of public funds;
(e)
operate in a way that is conducive to promoting good community relations and equality of opportunity, treating all those with whom they come into contact with consideration and respect;
(f)
ensure that no conflict arises, or could be reasonably perceived to arise, between Ministers’ public duties and their private interests, financial or otherwise, and comply with rules concerning conflicts of interest;
(g)
refrain from using information gained in the course of their service for personal gain and from using the opportunity of public service to promote their private interests;
(h)
ensure that official resources are not used for party political purposes;
(i)
comply with rules regarding the management of official information;
(j)
comply with rules on the acceptance of gifts and hospitality;
(k)
uphold the political impartiality of the civil service, not asking civil servants to act in any way which would conflict with the Northern Ireland Civil Service Code of Ethics;
(l)
make civil service and public appointments in accordance with relevant legislation and relevant recruitment codes; and ensure that the rules on management and conduct of special advisers, including discipline, are complied with.
(2)
“The Nolan principles” means the seven general principles of public life set out in the First Report of the Committee on Standards in Public Life (Cm 2850) as revised or replaced from time to time.
F63SCHEDULE 4ADepartment with policing and justice functions
Part 1Department in the charge of Minister approved by resolution of Assembly F64by virtue of section 21A(3)
Introduction
1
(1)
This Part of this Schedule has effect in relation to a Northern Ireland department—
(a)
the functions of which consist wholly or mainly of devolved policing and justice functions; and
(b)
in relation to which an Act of the Assembly provides, by virtue of section 21A(3), for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) appointed by virtue of a nomination—
(i)
made by the First Minister and the deputy First Minister acting jointly; and
(ii)
approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
(2)
In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).
Modification of section 16A
1A
Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—
(aa)
once those offices have been filled, the relevant Ministerial office (within the meaning of Part 1 of Schedule 4A) shall be filled by applying paragraph 3(3) to (6) of that Schedule; and
(b)
once that office has been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).
Section 18 not to apply to relevant Minister
2
(1)
Section 18 (Northern Ireland Ministers) shall not apply in relation to—
(a)
the relevant Minister; or
(b)
the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),
and paragraph 3 shall apply instead.
(2)
But the references to Ministerial offices in—
(a)
subsection (1)(c) and (d) of section 18; and
(b)
subsection (5) of that section (in the definition of M),
shall be taken to include the relevant Ministerial office.
Provisions relating to relevant Minister
3
(1)
Where any of the conditions in paragraphs (b) to (e) of section 18(1) is satisfied—
(a)
the relevant Minister shall (if holding office at the time) cease to hold office; and
(b)
the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
(2)
The relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices.
(3)
The First Minister and the deputy First Minister acting jointly shall nominate a member of the Assembly to hold the relevant Ministerial office.
(3A)
But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.
(4)
The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—
(a)
a majority of the members voting on the motion for the resolution;
(b)
a majority of the designated Nationalists voting; and
(c)
a majority of the designated Unionists voting.
(5)
If—
(a)
the nomination does not take effect within a period specified in standing orders; or
(b)
the nominated person does not take up the office for which he has been nominated within that period,
a further nomination of a member of the Assembly shall be made under sub-paragraph (3).
(6)
Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial office is filled.
(7)
The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold the relevant Ministerial office.
(8)
The relevant Minister shall not take up office until he has affirmed the terms of the pledge of office.
(9)
The relevant Minister shall cease to hold office if—
(a)
he resigns by notice in writing to the First Minister and the deputy First Minister;
(b)
he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
(c)
he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal; or
(d)
where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.
(10)
If the relevant Minister ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1), the relevant Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
(10A)
If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of sub-paragraph (10),—
(a)
the total number of Ministerial offices held by members of a political party increases; or
(b)
the total number of Ministerial offices held by members of a political party decreases,
all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.
(10B)
But sub-paragraph (10A) shall not apply if—
(a)
the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and
(b)
before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer.
(10C)
The conditions are that—
(a)
the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the relevant Ministerial office but consent to his nomination was not given in accordance with sub-paragraph (3A); or
(b)
the member was nominated under sub-paragraph (3) for the relevant Ministerial office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.
(11)
Where—
(a)
the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b)
the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (3).
F65(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)
(14)
In this paragraph “nominating officer” has the same meaning as in section 18.
F67Part 1ADepartment in the charge of Minister approved by resolution of the Assembly by virtue of section 21A(3A)
Introduction
3A
(1)
This Part of this Schedule has effect in relation to a Northern Ireland department—
(a)
the functions of which consist wholly or mainly of devolved policing and justice functions, and
(b)
in relation to which an Act of the Assembly provides, by virtue of section 21A(3A), for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) appointed by virtue of a nomination—
(i)
made by one or more members of the Assembly, and
(ii)
approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
(2)
In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).
Modification of section 16A
F683B
“(aa)
once those offices have been filled, the relevant Ministerial office (within the meaning of Part 1A of Schedule 4A) shall be filled by applying paragraph 3D(4) to (8) of that Schedule; and
(b)
once that office has been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).”
Section 18 not to apply to relevant Minister
3C
F69(1)
Section 18 (Northern Ireland Ministers) shall not apply in relation to—
(a)
the relevant Minister, or
(b)
the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),
and paragraph 3D shall apply instead.
F70(2)
But the reference to Ministerial offices in subsection (5) of that section (in the definition of M) shall be taken to include the relevant Ministerial office.
Provisions relating to relevant Minister
3D
F71A1
Where—
(a)
an Assembly is elected—
(i)
at a poll the date for which is proposed under section 32(3B), or
(ii)
following the issue of a certificate under section 18(A2),
(b)
the period of 24 weeks beginning with the day on which an Assembly first meets expires without the offices mentioned in section 16A(3) having been filled, or
(c)
the period of 48 weeks beginning with the day on which a vacancy arises in the offices of First Minister and deputy First Minister expires without those offices having been filled,
the relevant Minister shall cease to hold office (and the relevant Ministerial office shall remain vacant until next filled by virtue of section 16A).
(1)
Where any of the following conditions is satisfied—
(a)
the relevant Minister shall (if holding office at the time) cease to hold office, and
(b)
the relevant Ministerial office shall be filled by applying sub-paragraphs (4) to (8) within a period specified in standing orders.
(2)
The conditions are—
(a)
a determination under section 17(1) takes effect;
(b)
a resolution which causes the relevant Ministerial office to become vacant is passed under section 30(2);
F72(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)
such other circumstances obtain as may be specified in standing orders for the purposes of section 18(1)(e) but only so far as standing orders provide for those circumstances to be applicable for the purposes of this sub-paragraph.
(3)
If relevant, the relevant Ministerial office shall be filled by applying sub-paragraphs (4) to (8) after F74section 16B(3) to (7) is applied in relation to the offices of First Minister and deputy First Minister but before section 18(2) to (6) is applied in relation to the other Ministerial offices.
(4)
One or more members of the Assembly may nominate another member of the Assembly to hold the relevant Ministerial office.
F75(4A)
But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to the nomination within a period specified in standing orders.
(5)
The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—
(a)
a majority of the members voting on the motion for the resolution,
(b)
a majority of the designated Nationalists voting, and
(c)
a majority of the designated Unionists voting.
(6)
Once one member has been nominated, no further nominations may be made unless and until sub-paragraph (7) applies.
(7)
If—
(a)
the nomination does not take effect within a period specified in standing orders, or
(b)
the nominated person does not take up the office for which the person has been nominated within that period,
a further nomination of a member of the Assembly may be made under sub-paragraph (4).
(8)
Sub-paragraphs (4) to (7) shall be applied as many times as may be necessary to secure that the relevant Ministerial office is filled.
(9)
The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold the relevant Ministerial office.
(10)
The relevant Minister shall not take up office until the Minister has affirmed the terms of the pledge of office.
(11)
The relevant Minister shall cease to hold office if—
(a)
the Minister resigns by notice in writing to the First Minister and the deputy First Minister,
F76(aa)
there is an Assembly election at which the Minister is not returned as a member,
(b)
the Minister ceases to be a member of the Assembly otherwise than by virtue of a dissolution, F77...
F78(ba)
where consent to the Minister's nomination was required under sub-paragraph (4A), the Minister is dismissed by the nominating officer of the party and the Presiding Officer is notified of the dismissal, or
(c)
F79where consent to the Minister's nomination was not required under sub-paragraph (4A), the Assembly resolves that the Minister is to cease to hold office.
(12)
A resolution for the purposes of sub-paragraph (11)(c) must be passed with the support of—
(a)
a majority of the members voting on the motion for the resolution,
(b)
a majority of the designated Nationalists voting, and
(c)
a majority of the designated Unionists voting.
(13)
A motion for a resolution for the purposes of sub-paragraph (11)(c) shall not be moved unless—
(a)
it is supported by at least 30 members of the Assembly, or
(b)
it is moved by the First Minister and the deputy First Minister acting jointly.
(14)
If the relevant Minister ceases to hold office at any time, otherwise than by virtue of sub-paragraph F80(A1) or (1), the relevant Ministerial office shall be filled by applying sub-paragraphs (4) to (8) within a period specified in standing orders.
(15)
Where—
(a)
the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence, and
(b)
the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (4).
F81(16)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(17)
F83(18)
In this paragraph and paragraph 3E “nominating officer” has the same meaning as in section 18.
F84Reappointment of other Northern Ireland Ministers in certain cases
3E
(1)
Where the first condition or the second condition is met—
(a)
all the Northern Ireland Ministers other than the relevant Minister cease to hold office, and
(b)
those Ministerial offices must be filled by applying section 18(2) to (6) within a period specified in standing orders.
(2)
The first condition is that—
(a)
the relevant Minister ceased to hold office by virtue of paragraph 3D(1)(a), and the office was filled by virtue of paragraph 3D(1)(b),
(b)
paragraph 3D(1) applied because a resolution was passed under section 30(2) which caused no Ministerial office other than the relevant Ministerial office to become vacant, and
(c)
as a result of the events mentioned in paragraph (a) the total number of Ministerial offices held by members of a political party increased or decreased.
(3)
The second condition is that—
(a)
the relevant Minister (“the former Minister”) ceased to hold office otherwise than by virtue of paragraph 3D(1)(a), and the office was filled by virtue of paragraph 3D(14), and
(b)
as a result of the events mentioned in paragraph (a) the total number of Ministerial offices held by members of a political party increased or decreased.
(4)
But the second condition is not met where—
(a)
the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under paragraph 3D(11)(ba),
(b)
immediately before the office was filled there was at least one eligible member of the nominating officer's political party, and
(c)
each such eligible member failed to fill the office for one or other of the following reasons.
(5)
Those reasons are—
(a)
that one or more members of the Assembly sought to nominate the eligible member for the office, but consent to the nomination was not given by the nominating officer in accordance with paragraph 3D(4A);
(b)
that the eligible member was nominated for the office but did not take it up within the period specified in standing orders under paragraph 3D(7)(a).
(6)
References in this paragraph to an eligible member of a political party are to a member of that party who is also a member of the Assembly, but do not include the former Minister.
Part 2Department in the charge of two Ministers
Introduction
4
(1)
This Part of this Schedule has effect in relation to a Northern Ireland department—
(a)
the functions of which consist wholly or mainly of devolved policing and justice functions; and
(b)
in relation to which an Act of the Assembly provides, by virtue of section 21A(4), for it to be in the charge of two Northern Ireland Ministers acting jointly (the “relevant Ministers”).
(2)
In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).
Modification of section 16A
4A
Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—
(aa)
once those offices have been filled, the relevant Ministerial offices (within the meaning of Part 2 of Schedule 4A) shall be filled by applying paragraph 7(3) to (6) of that Schedule; and
(b)
once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).
Modifications of section 17
5
(1)
Section 17 (Ministerial offices) has effect subject to the following modifications.
(2)
Subsection (3) has effect subject to the provision of the Act of the Assembly referred to in paragraph 4(1)(b).
(3)
The Ministerial offices held by the relevant Ministers (the “relevant Ministerial offices”) are to count as a single Ministerial office for the purposes of subsection (4).
Section 18 not to apply to relevant Ministers
6
(1)
Section 18 (Northern Ireland Ministers) shall not apply in relation to—
(a)
the relevant Ministers; or
(b)
the relevant Ministerial offices,
and paragraph 7 shall apply instead.
(2)
But the references to Ministerial offices in—
(a)
subsection (1)(c) and (d) of section 18; and
(b)
subsection (5) of that section (in the definition of M),
shall be taken to include the relevant Ministerial offices.
Provisions relating to relevant Ministers
7
(1)
Where any of the conditions in paragraphs (b) to (e) of section 18(1) is satisfied—
(a)
the relevant Ministers shall (if holding office at the time) cease to hold office; and
(b)
the relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
(2)
The relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) before section 18(2) to (6) is applied in relation to the other Ministerial offices.
(3)
The First Minister and the deputy First Minister acting jointly shall nominate two members of the Assembly to hold the relevant Ministerial offices.
(3A)
But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.
(4)
The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—
(a)
a majority of the members voting on the motion for the resolution;
(b)
a majority of the designated Nationalists voting; and
(c)
a majority of the designated Unionists voting.
(5)
If—
(a)
the nomination does not take effect within a period specified in standing orders; or
(b)
the nominated persons do not take up the offices for which they have been nominated within that period,
a further nomination of two members of the Assembly shall be made under sub-paragraph (3).
(6)
Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial offices are filled.
(7)
The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold a relevant Ministerial office.
(8)
The relevant Ministers—
(a)
shall not take up office until each of them has affirmed the terms of the pledge of office; and
(b)
must take up office at the same time as each other.
(9)
A relevant Minister shall cease to hold office if—
(a)
he resigns by notice in writing to the First Minister and the deputy First Minister;
(b)
he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
(c)
he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal; or
(d)
where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.
(10)
If either of the relevant Ministers ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1)—
(a)
the other shall also cease to hold office at that time; and
(b)
the relevant Ministerial offices shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
(10A)
If, as a result of the relevant Ministers (“the former Ministers”) ceasing to hold office and the relevant Ministerial offices being filled by virtue of sub-paragraph (10)(b),—
(a)
the total number of Ministerial offices held by members of a political party increases; or
(b)
the total number of Ministerial offices held by members of a political party decreases,
all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.
(10B)
But sub-paragraph (10A) shall not apply if—
(a)
either of the former Ministers ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and
(b)
before the relevant Ministerial offices were filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer concerned.
(10C)
The conditions are that—
(a)
the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for one of the relevant Ministerial offices but consent to his nomination was not given in accordance with sub-paragraph (3A); or
(b)
the member was nominated under sub-paragraph (3) for one of the relevant Ministerial offices and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.
(11)
Where—
(a)
the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b)
the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (3).
F85(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)
(14)
In this paragraph “nominating officer” has the same meaning as in section 18.
Part 3Department with rotation between Minister and junior Minister
Introduction
8
(1)
This Part of this Schedule has effect in relation to a Northern Ireland department—
(a)
the functions of which consist wholly or mainly of devolved policing and justice functions; and
(b)
in relation to which an Act of the Assembly provides, by virtue of section 21A(5)—
(i)
for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) who is supported by a junior Minister (the “relevant junior Minister”); and
(ii)
for the persons holding those offices to rotate at intervals determined by or under the Act.29
(2)
In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).
Modification of section 16A
8A
Section 16A(3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—
(aa)
once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3 of Schedule 4A) and the relevant junior Ministerial office (within that meaning) shall be filled by applying paragraph 11(3) to (6) of that Schedule; and
(b)
once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).
Section 18 not to apply to relevant Minister
9
(1)
Section 18 (Northern Ireland Ministers) shall not apply in relation to—
(a)
the relevant Minister; or
(b)
the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),
and paragraph 11 shall apply instead.
(2)
But the references to Ministerial offices in—
(a)
subsection (1)(c) and (d) of section 18; and
(b)
subsection (5) of that section (in the definition of M),
shall be taken to include the relevant Ministerial office.
(3)
And the junior Ministerial office held by the relevant junior Minister (the “relevant junior Ministerial office”) shall be taken to be a Ministerial office for the purposes of subsection (5) of that section.
Certain provisions of section 19 not to apply to relevant junior Minister
10
(1)
The provisions of section 19 (junior Ministers) specified in sub-paragraph (2) shall not apply in relation to—
(a)
the relevant junior Minister; or
(b)
the relevant junior Ministerial office,
and paragraph 11 shall apply instead.
(2)
Those provisions are—
(a)
so much of subsection (1)(a) as relates to the procedures for the appointment of persons as junior Ministers;
(b)
subsection (2) (so that, in particular, the relevant junior Ministerial office shall not count for the purposes of any formulae or other rules mentioned in that subsection);
(c)
subsection (3); and
(d)
subsection (5).
Provisions relating to relevant Minister and relevant junior Minister
11
(1)
Where any of the conditions in paragraphs (b) to (e) of section 18(1) is satisfied—
(a)
the relevant Minister and the relevant junior Minister shall (if holding office at the time) cease to hold office; and
(b)
the relevant Ministerial office and the relevant junior Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
(2)
The relevant Ministerial office and the relevant junior Ministerial office shall be filled by applying sub-paragraphs (3) to (6)—
(a)
before section 18(2) to (6) is applied in relation to the other Ministerial offices; and
(b)
before the procedures specified in any determination under section 19 are applied in relation to the other junior Ministerial offices.
(3)
The First Minister and the deputy First Minister acting jointly shall nominate—
(a)
a member of the Assembly to hold the relevant Ministerial office; and
(b)
a member of the Assembly to hold the relevant junior Ministerial office.
(3A)
But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.
(4)
The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—
(a)
a majority of the members voting on the motion for the resolution;
(b)
a majority of the designated Nationalists voting; and
(c)
a majority of the designated Unionists voting.
(5)
If—
(a)
the nomination does not take effect within a period specified in standing orders; or
(b)
the nominated persons do not take up the offices for which they have been nominated within that period,
a further nomination of two members of the Assembly shall be made under sub-paragraph (3).
(6)
Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that the relevant Ministerial office and the relevant junior Ministerial office are filled.
(7)
The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold—
(a)
the relevant Ministerial office; or
(b)
the relevant junior Ministerial office.
(8)
The relevant Minister and the relevant junior Minister—
(a)
shall not take up office until each of them has affirmed the terms of the pledge of office; and
(b)
must take up office at the same time as each other.
(9)
The relevant Minister or the relevant junior Minister shall cease to hold office if—
(a)
he resigns by notice in writing to the First Minister and the deputy First Minister;
(b)
he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
(c)
he is dismissed by the First Minister and the deputy First Minister acting jointly and the Presiding Officer is notified of his dismissal; or
(d)
where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.
(10)
Sub-paragraph (11) applies if the relevant Minister or the relevant junior Minister ceases to hold office at any time, otherwise than—
(a)
by virtue of sub-paragraph (1); or
(b)
by virtue of the rotation of the persons holding those offices in accordance with provision referred to in paragraph 8(1)(b)(ii).
(11)
Where this sub-paragraph applies—
(a)
the other shall also cease to hold office at that time; and
(b)
the relevant Ministerial office and the relevant junior Ministerial office shall be filled by applying sub-paragraphs (3) to (6) within a period specified in standing orders.
(11A)
If, as a result of the relevant Minister (“the former Minister”) and the relevant junior Minister (“the former junior Minister”) ceasing to hold office and the relevant Ministerial office and the relevant junior Ministerial office being filled by virtue of sub-paragraph (11)(b),—
(a)
the total number of Ministerial offices or junior Ministerial offices held by members of a political party increases; or
(b)
the total number of Ministerial offices or junior Ministerial offices held by members of a political party decreases,
all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.
(11B)
But sub-paragraph (11A) shall not apply if—
(a)
the former Minister or the former junior Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and
(b)
before the relevant Ministerial office and the relevant junior Ministerial office were filled, either of the conditions in sub-paragraph (11C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer concerned.
(11C)
The conditions are that—
(a)
the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the appropriate office, but consent to his nomination was not given in accordance with sub-paragraph (3A); or
(b)
the member was nominated under sub-paragraph (3) for the appropriate office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.
(11D)
In sub-paragraph (11C) “the appropriate office” means—
(a)
in relation to a person who was a member of the political party of the nominating officer who dismissed the former Minister, the relevant Ministerial office;
(b)
in relation to a person who was a member of the political party of the nominating officer who dismissed the former junior Minister, the relevant junior Ministerial office.
(12)
Where—
(a)
the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b)
the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (3).
F87(13)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14)
(15)
In this paragraph “nominating officer” has the same meaning as in section 18.
Part 3ADepartment in the charge of Minister and deputy Minister
Introduction
11A
(1)
This Part of this Schedule has effect in relation to a Northern Ireland department—
(a)
the functions of which consist wholly or mainly of devolved policing and justice functions; and
(b)
in relation to which an Act of the Assembly provides, by virtue of section 21A(5A)—
(i)
for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) elected by the Assembly; and
(ii)
for that Minister to be supported by a deputy Minister (the “deputy Minister”) elected by the Assembly.
(2)
In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).
Modification of section 16A
11B
(1)
Section 16A shall have effect subject to the following modifications.
(2)
Subsection (2) shall have effect as if, at the end there were inserted “; and the deputy Minister (within the meaning of Part 3A of Schedule 4A) shall cease to hold office.”
(3)
Subsection (3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted—
(aa)
once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3A of Schedule 4A) and the deputy Ministerial office (within that meaning) shall be filled by applying paragraph 11E(2)(b) and (3) to (8) of that Schedule; and
(b)
once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).
Section 18 not to apply to relevant Minister
11C
(1)
Subject to sub-paragraphs (2) to (5), section 18 (Northern Ireland Ministers) shall not apply in relation to—
(a)
the relevant Minister; or
(b)
the Ministerial office held by the relevant Minister (the “relevant Ministerial office”),
and paragraphs 11E to 11G shall apply instead.
(2)
The references to Ministerial offices in subsection (1)(c) and (d) of section 18 shall be taken to include the relevant Ministerial office.
(3)
In the application of section 18(5) to a political party which is entitled to two or more Ministerial offices, the reference to Ministerial offices (in the definition of M)—
(a)
at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is nil, shall be taken not to include the relevant Ministerial office; but
(b)
at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is one or more, shall be taken to include the relevant Ministerial office.
(4)
In the application of section 18(5) to any other political party, that reference to Ministerial offices shall be taken to include the relevant Ministerial office.
(5)
For the purposes of this paragraph, a political party is entitled to two or more Ministerial offices if the nominating officer of the party would be entitled to nominate persons to hold two or more Ministerial offices under section 18, assuming that—
(a)
on each occasion on which a nominating officer of a political party is entitled to exercise the power conferred by section 18(2), he does so within the period mentioned in section 18(3)(a);
(b)
the nominated person, in each case, takes up the selected Ministerial office within that period; and
(c)
the reference in section 18(5) to Ministerial offices (in the definition of M) is taken to include the relevant Ministerial office.
Section 19 not to apply to deputy Minister
11D
(1)
The deputy Minister is to be treated for the purposes of this Act as if he were a junior Minister, but the provisions of section 19 (junior Ministers) shall not apply in relation to—
(a)
him; or
(b)
the office held by him (the “deputy Ministerial office”),
(so that, in particular, the deputy Ministerial office shall not count for the purposes of any formulae or other rules mentioned in section 19(2)); and the following provisions of this Part of this Schedule shall apply instead.
(2)
The functions exercisable by virtue of the deputy Ministerial office shall be those determined in relation to that office by the relevant Minister and the deputy Minister acting jointly.
(3)
The relevant Minister and the deputy Minister shall consult the First Minister and the deputy First Minister before making any determination under sub-paragraph (2).
Provisions relating to relevant Minister and deputy Minister
11E
(1)
When devolved policing and justice functions are first transferred to, or conferred on, the department mentioned in paragraph 11A, the relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.
(2)
The relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8)—
(a)
before section 18(2) to (6) is applied in relation to the other Ministerial offices; and
(b)
before the procedures specified in any determination under section 19 are applied in relation to the junior Ministerial offices.
(3)
Any member of the Assembly may stand as a candidate for election as—
(a)
the relevant Minister; or
(b)
the deputy Minister.
(4)
But a member of the Assembly may not stand for election to either of those offices unless—
(a)
he belongs to the largest or the second largest political designation (see paragraph 11H);
(b)
he is nominated by another member of the Assembly; and
(c)
if he is a member of a political party, the nominating officer of the party consents to his nomination within a period specified in standing orders.
(5)
A candidate shall not be elected to either of those offices by the Assembly without the support of—
(a)
a majority of the members voting in the election;
(b)
a majority of the designated Nationalists voting; and
(c)
a majority of the designated Unionists voting.
(6)
A candidate shall not be elected to hold office as deputy Minister unless—
(a)
the relevant Ministerial office is filled; and
(b)
the candidate and the relevant Minister belong to different political designations.
(7)
A person elected to the office of relevant Minister or deputy Minister shall not take up office until he has affirmed the terms of the pledge of office.
(8)
If a person elected to either office does not take up the office within a period specified in standing orders, his election shall be deemed to be ineffective.
(9)
The relevant Minister or the deputy Minister shall cease to hold office if—
(a)
he resigns by notice in writing to the First Minister and the deputy First Minister;
(b)
he ceases to be a member of the Assembly otherwise than by virtue of a dissolution;
(c)
where consent to his nomination was required under sub-paragraph (4)(c), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.
(10)
If the relevant Minister or the deputy Minister ceases to hold office at any time, otherwise than by virtue of section 16A(2), the office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.
(11)
But if—
(a)
the relevant Ministerial office is filled by virtue of sub-paragraph (10); and
(b)
the person appointed as the relevant Minister belongs to the same political designation as the deputy Minister,
the deputy Minister shall cease to hold office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders.
(12)
Standing orders may make provision with respect to the holding of elections under this paragraph.
Eligibility to become relevant Minister or deputy Minister
11F
(1)
The holding of office as First Minister or deputy First Minister shall not prevent a person being elected to hold—
(a)
the relevant Ministerial office; or
(b)
the deputy Ministerial office.
(2)
Where—
(a)
the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b)
the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under paragraph 11E(4)(b).
F89(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
Change in number of Ministerial offices held by members of a political party
11G
(1)
If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of paragraph 11E(10)—
(a)
the total number of Ministerial offices held by members of a political party increases; or
(b)
the total number of Ministerial offices held by members of a political party decreases,
all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.
(2)
But sub-paragraph (1) shall not apply if—
(a)
the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under paragraph 11E(9)(c); and
(b)
before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (3) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer.
(3)
The conditions are that—
(a)
another member of the Assembly sought to nominate the member under paragraph 11E(4)(b) for the relevant Ministerial office but consent to his nomination was not given in accordance with paragraph 11E(4)(c); or
(b)
the member was elected to the relevant Ministerial office, but the member did not take up the office within the period specified in standing orders by virtue of paragraph 11E(8).
Interpretation
11H
(1)
In this Part of this Schedule “nominating officer” has the same meaning as in section 18.
(2)
For the purposes of this Part of this Schedule, a member of the Assembly is to be taken—
(a)
to belong to the political designation “Nationalist” if he is a designated Nationalist;
(b)
to belong to the political designation “Unionist” if he is a designated Unionist;
(c)
otherwise, to belong to the political designation “Other”;
and the size of each of the political designations “Nationalist”, “Unionist” and “Other” is to be determined in accordance with section 16C(4) and (5).
Part 4Power to make further modifications
12
(1)
Her Majesty may by Order in Council make such further modifications of any enactment (whenever passed or made) as appear to Her Majesty to be necessary or expedient—
(a)
in consequence of, or
(b)
for giving full effect to,
an Act of the Assembly which makes provision of the kind mentioned in section 21A(3), F91(3A),(4), (5) or (5A) or an Order in Council under section 21A(7C).
(2)
No recommendation shall be made to Her Majesty to make an Order under this paragraph unless a draft of it has been laid before and approved by resolution of each House of Parliament.
F9213
Paragraphs 3(10), 3D(14), 7(10), 11(10) and (11) and 11E(10) of this Schedule shall have effect subject to paragraphs 2 and 3 of Schedule 12A (as those paragraphs are modified at any time by virtue of paragraph 12 of this Schedule).
SCHEDULE 5 Northern Ireland Assembly Commission
Membership
1
A person appointed under standing orders made under section 40(2)(b) shall hold office until another member of the Assembly is appointed in his place, unless he previously resigns or ceases to be a member of the Assembly otherwise than by virtue of a dissolution.
Staff
2
(1)
The Commission may appoint staff.
(2)
The persons appointed by the Commission are referred to in this Act as the staff of the Assembly.
(3)
It is for the Commission to determine the terms and conditions of appointment of the staff of the Assembly, including arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of the staff of the Assembly.
(4)
Accordingly, the Commission may—
(a)
make contributions or payments towards provision for such pensions, gratuities or allowances;
(b)
establish and administer one or more pension schemes.
(5)
The power conferred by sub-paragraph (1) includes power to make arrangements for administrative, secretarial or other assistance to be provided for the Commission by officers of the civil service of Northern Ireland or the civil service; and the reference in sub-paragraph (2) to persons appointed by the Commission shall be construed accordingly.
Powers
3
(1)
Subject to sub-paragraph (4), the Commission may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the discharge of its functions.
(2)
That includes, in particular—
(a)
holding property;
(b)
charging for goods or services;
(c)
entering into contracts;
(d)
investing sums not immediately required in relation to the discharge of its functions; and
(e)
accepting gifts.
(3)
The Commission may sell goods or provide services, and may make arrangements for the sale of goods or provision of services, to the public.
(4)
The Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet that expenditure.
(5)
The Commission may borrow money only under sub-paragraph (4) and may borrow under that sub-paragraph only with the special or general approval of the Assembly.
Delegation
4
The Commission may delegate any of its functions to the Presiding Officer or a member of the staff of the Assembly.
Proceedings and business
5
(1)
The validity of any acts of the Commission shall not be affected by any vacancy among the members, or by any defect in the appointment, or qualification for membership, of any member.
(2)
The Commission may determine its own procedure.
(3)
The Presiding Officer shall preside at meetings of the Commission, but the Commission may appoint another of its members to preside if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.
Crown status
6
(1)
Her Majesty may by Order in Council provide for the Commission to be treated to any extent as a Crown body for the purposes of any enactment.
(2)
In particular, the Order may for the purposes of any enactment provide—
(a)
for employment under the Commission to be treated as employment under the Commission as a Crown body;
(b)
for land held, used or managed by the Commission, or operations carried out by or on behalf of the Commission, to be treated (as the case may be) as land held, used or managed, or operations carried out by or on behalf of, the Commission as a Crown body.
(3)
For the purposes of this paragraph, “Crown body” means a body which is the servant or agent of the Crown, and includes a government department.
(4)
A statutory instrument containing an Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
SCHEDULE 6 Standing orders: further provision
Preservation of order
1
(1)
The standing orders shall include provision for preserving order in the proceedings of the Assembly, including provision for—
(a)
preventing conduct which would constitute a criminal offence or contempt of court; and
(b)
a sub judice rule.
(2)
Such provision may provide for excluding a member of the Assembly from proceedings and for withdrawing his rights and privileges as a member for the period of his exclusion.
Proceedings to be in public
2
(1)
The standing orders shall include provision requiring the proceedings of the Assembly to be held in public, except in such circumstances as the standing orders may provide.
(2)
The standing orders may include provision as to the conditions to be complied with by any member of the public attending the proceedings, including provision for excluding from the proceedings any member of the public who does not comply with those conditions.
Reporting and publishing proceedings
3
The standing orders shall include provision for reporting the proceedings of the Assembly and for publishing the reports.
Committees
4
(1)
The standing orders shall include provision for ensuring that, in appointing members to committees, regard is had to the balance of parties in the Assembly.
(2)
The standing orders may include provision for excluding from the proceedings of a committee a member of the Assembly who is not a member of the committee.
F93Votes in vacancy
5
The standing orders may include provision enabling a right to vote in the Assembly which could have been exercised but for a vacancy in the membership of the Assembly to be exercisable in such manner as is so provided.
F94SCHEDULE 6AEU WITHDRAWAL: DEMOCRATIC CONSENT PROCESS
PART 1General
Introduction
1.
(1)
Part 2 of this Schedule requires the Secretary of State to initiate the democratic consent process in relation to each new continuation period.
(2)
Part 3 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the default democratic consent process referred to in paragraphs 3 and 4 of the unilateral Declaration.
(3)
Part 4 of this Schedule establishes, for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the alternative democratic consent process referred to in paragraphs 5 and 6 of the unilateral Declaration.
(4)
Part 5 of this Schedule makes provision about procedural matters and the outcome of the democratic consent process.
(5)
Part 6 of this Schedule makes provision about an independent review into the functioning of the Protocol.
(6)
To the extent that the standing orders of the Assembly are inconsistent with this Schedule, this Schedule (rather than the standing orders) is to have effect.
(7)
For the purposes of this Schedule, a motion that is tabled and then withdrawn is to be regarded, at times after its withdrawal, as not having been tabled.
(8)
In this Schedule—
“alternative democratic consent process” means the democratic consent process established by Part 4 of this Schedule;
“default democratic consent process” means the democratic consent process established by Part 3 of this Schedule;
“democratic consent process” means the process by which—
(a)
democratic consent in Northern Ireland to the continued application of Articles 5 to 10 of the Protocol is to be sought, and
(b)
a decision expressing that democratic consent is to be made;
“notification of the start of the democratic consent process” has the meaning given in paragraph 4;
“Protocol” means the Protocol on Ireland/Northern Ireland to the EU withdrawal agreementF95;
“unilateral Declaration” means the declaration by Her Majesty’s Government concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol made on 17 October 2019.
Meaning of “consent resolution” and effect if consent resolution rejected
2.
(1)
In this Schedule “consent resolution” means a resolution of the Assembly in this form—
“That Articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement should continue to apply during the new continuation period (within the meaning of Schedule 6A to the Northern Ireland Act 1998).”
(2)
This Schedule ceases to apply at the end of a particular current period if—
(a)
by that time, the Assembly has decided the question on a motion for a consent resolution which relates to the new continuation period, but
(b)
the Assembly did not pass the consent resolution.
Meaning of “continuation period”, “current period” etc
3.
(1)
In this Schedule—
“continuation period” means—
(a)
the period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the initial period;
(b)
each subsequent period of four years or eight years (as determined in accordance with sub-paragraph (2)) that begins with the day that follows the last day of the preceding continuation period;
“current period”, in relation to a new continuation period, means—
(a)
the initial period, in the case where that period immediately precedes the new continuation period, or
(b)
the continuation period which immediately precedes the new continuation period, in any other case;
“initial period” means the period of four years that begins with the day that follows IP completion dayF96;
“new continuation period” means, at any particular time, the first continuation period that is to begin after that time.
(2)
The duration of a continuation period is to be—
(a)
four years if the consent resolution which relates to that continuation period was passed by a majority of the members voting but not with cross-community supportF97;
(b)
eight years if the consent resolution which relates to that continuation period was passed with cross-community support.
(3)
In this Schedule, a period set out in an entry in the first column of this table has the meaning given in the corresponding entry in the second column of the table—
Period | Meaning |
|---|---|
“final two months of the current period” | the period of two months ending with the last day of that current period |
“final one month of the current period” | the period of one month ending with the last day of that current period |
“final 25 days of the current period” | the period of 25 days ending with the last day of that current period |
“final 15 days of the current period” | the period of 15 days ending with the last day of that current period |
“final 5 days of the current period” | the period of 5 days ending with the last day of that current period |
PART 2Duty of Secretary of State to initiate the democratic consent process
Duty to give notification of the start of the democratic consent process
4.
(1)
The Secretary of State must give a notification of the start of the democratic consent process in relation to each new continuation period.
(2)
The notification relating to a new continuation period must be given on the day immediately before the start of the final two months of the current period.
(3)
The notification must be given in accordance with Part 3 (if that Part is applicable) or Part 4 (if that Part is applicable).
(4)
The “notification of the start of the democratic consent process” that relates to a new continuation period is a written notification that—
(a)
states the date of the first day of the new continuation period, and
(b)
states that, before that date, Her Majesty’s Government in the United Kingdom must notify the European Commission of the outcome of the democratic consent process established by this Schedule in relation to the continued application of Articles 5 to 10 of the Protocol during the new continuation period.
PART 3Default Democratic Consent Process
Application
5.
This Part applies if the First Minister and the deputy First Minister hold office (including if another Northern Ireland Minister is exercising the functions of either office in accordance with section 16A(11)) at the beginning of the day on which the Secretary of State is required to give the notification of the start of the democratic consent process in relation to a new continuation period.
Giving the notification of the start of the democratic consent process
6.
(1)
The Secretary of State must give the notification of the start of the democratic consent process to—
(a)
the First Minister and the deputy First Minister, and
(b)
the Presiding Officer.
(2)
The notification of the start of the democratic consent process must state that the default democratic consent process applies.
Presiding Officer to inform members of the Assembly
7.
On receipt of a notification of the start of the democratic consent process under this Part, the Presiding Officer must take such steps as the Presiding Officer considers necessary to bring the notification to the attention of the members of the Assembly.
Consent resolution: motion by First Minister and deputy First Minister
8.
(1)
This paragraph applies where the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period.
(2)
Before the start of the final one month of the current period, the First Minister and the deputy First Minister acting jointly may table notice of a motion for a consent resolution which relates to the new continuation period.
(3)
No other member of the Assembly may table notice of a motion for a consent resolution which relates to the new continuation period before the final one month of the current period.
(4)
If they have tabled notice of a motion under this paragraph, the First Minister and the deputy First Minister acting jointly must provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question.
Consent resolution: motion by any member of the Assembly
9.
(1)
This paragraph applies where—
(a)
the Secretary of State gives a notification of the democratic consent process under this Part in relation to a new continuation period, and
(b)
before the start of the final one month of the current period, the First Minister and the deputy First Minister acting jointly have not tabled notice of a motion for a consent resolution which relates to the new continuation period.
(2)
Before the start of the final 25 days of the current period, any member of the Assembly may table notice of a motion for a consent resolution which relates to the new continuation period.
(3)
Sub-paragraph (2) does not prevent any other members of the Assembly—
(a)
from adding their names to the notice of the motion that has been tabled, or
(b)
having done so, from moving the motion,
in accordance with the standing orders or practice of the Assembly.
(4)
If a member of the Assembly has tabled notice of a motion for a consent resolution in accordance with sub-paragraph (2), the Secretary of State must take reasonable steps to provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question.
Consent resolution: consideration of motion
10.
(1)
This paragraph applies if—
(a)
notice of a motion for a consent resolution which relates to the new continuation period has been tabled by the First Minister and deputy First Minister acting jointly in accordance with paragraph 8(2), or
(b)
notice of a motion for a consent resolution which relates to the new continuation period has been tabled by a member of the Assembly in accordance with paragraph 9(2),
and, before the start of the final 15 days of the current period, the question on that motion is not decided by the Assembly.
(2)
The Assembly must sit at noon on the required sitting day (whether or not the Assembly would otherwise be sitting on that day or at that time, and whether or not that day falls during a recess).
(3)
The motion for the consent resolution is to be proceeded with in the Assembly on the required sitting day—
(a)
as the first business on that day; or
(b)
where the election of the Presiding Officer or any deputy or deputies is, by virtue of this Act, any other enactment or the standing orders of the Assembly, required to be the first business on that day, as the first business after the election of the Presiding Officer or deputy or deputies.
(4)
The Presiding Officer must move the motion for the consent resolution if no other member of the Assembly moves it when it is required to be proceeded with in accordance with sub-paragraph (3).
(5)
The question on the motion for the consent resolution (if not already put) is to be put—
(a)
at 6:00pm on the required sitting day, if the motion is proceeded with as the first business on the required sitting day (in accordance with sub-paragraph (3)(a));
(b)
six hours after the motion is moved, if the motion is proceeded with as the first business after the election of the Presiding Officer or the deputy or deputies on the required sitting day (in accordance with sub-paragraph (3)(b)).
(6)
The Assembly may not be adjourned on the required sitting day until after the declaration of the result of the division or vote on the question on the motion for the consent resolution.
(7)
Accordingly, no motion for the adjournment of the debate on the motion for the consent resolution, or of the Assembly, may be taken on the required sitting day until after the declaration of that result.
(8)
If the question on the motion for the consent resolution is not put as required by sub-paragraph (5), and is not put at any later time on the required sitting day, then—
(a)
the earliest day after that day that is not an excluded day is to be regarded as the required sitting day for the purposes of this paragraph, and
(b)
sub-paragraphs (2) to (7) and this sub-paragraph are to apply again accordingly.
(9)
In this paragraph—
“excluded day” means—
(a)
Saturday,
(b)
Sunday,
(c)
Christmas Day,
(d)
Good Friday, and
(e)
any day that is a public holiday in Northern Ireland;
“required sitting day” means the earliest day during the final 15 days of the current period that is not an excluded day.
PART 4Alternative democratic consent process
Application
11.
This Part applies if the offices of the First Minister and the deputy First Minister are vacant (and their functions are not otherwise being exercised by another Northern Ireland Minister in accordance with section 16A(11)) at the beginning of the day on which the Secretary of State is required to give the notification of the start of the democratic consent process in relation to a new continuation period.
Giving the notification of the start of the democratic consent process
12.
(1)
The Secretary of State must give the notification of the start of the democratic consent process to —
(a)
the Presiding Officer, and
(b)
the clerk to the Assembly.
(2)
The notification of the start of the democratic consent process must state that the alternative democratic consent process applies.
(3)
As soon as practicable after giving notice under sub-paragraph (1), the Secretary of State must take reasonable steps to provide the members of the Assembly with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question on the motion for a consent resolution.
(4)
In this paragraph “the clerk to the Assembly” means the person who holds or exercises the functions of that office in accordance with the standing orders or practice of the Assembly.
Presiding Officer to inform members of the Assembly
13.
On receipt of a notification of the start of the democratic consent process under this Part, the Presiding Officer must take such steps as the Presiding Officer considers necessary to bring the notification to the attention of the members of the Assembly.
Consent resolution: motion by a member of the Assembly
14.
(1)
Where the Secretary of State has given a notification of the start of the democratic consent process under this Part in relation to a new continuation period, any member of the Assembly may table notice of a motion for a consent resolution which relates to the new continuation period.
(2)
Sub-paragraph (1) does not prevent any other members of the Assembly—
(a)
from adding their names to the notice of the motion that has been tabled, or
(b)
having done so, from moving the motion,
in accordance with the standing orders or practice of the Assembly.
Consent resolution: requirement to consider motion
15.
(1)
This paragraph applies in either of the following cases.
(2)
Case A is where—
(a)
the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period, and
(b)
before the start of the final one month of the current period, no member of the Assembly has tabled notice of a motion for a consent resolution which relates to the new continuation period.
(3)
Case B is where—
(a)
the Secretary of State gives a notification of the start of the democratic consent process under this Part in relation to a new continuation period,
(b)
before the start of the final one month of the current period, a member of the Assembly tables notice of a motion for a consent resolution which relates to the new continuation period, and
(c)
before the start of the final 25 days of the current period, the question on that motion is not decided by the Assembly.
(4)
The Assembly must sit at noon on the required sitting day (whether or not the Assembly would otherwise be sitting on that day, or at that time, and whether or not that day falls during a recess).
(5)
If, before the start of the required sitting day, a member of the Assembly has not tabled notice of a motion for a consent resolution which relates to the new continuation period, the Presiding Officer must table such a motion.
(6)
Sub-paragraph (5) does not prevent any other members of the Assembly—
(a)
from adding their names to the notice of the motion that has been tabled as soon as practicable on that day, or
(b)
having done so, from moving the motion,
in accordance with the standing orders or practice of the Assembly.
(7)
The fact that a motion tabled by the Presiding Officer in accordance with sub-paragraph (5) is tabled on the required sitting day does not prevent the motion from being proceeded with on that day in accordance with this paragraph.
(8)
The motion for the consent resolution is to be proceeded with in the Assembly on the required sitting day—
(a)
as the first business on that day; or
(b)
where the election of the Presiding Officer or any deputy or deputies is, by virtue of this Act, any other enactment or the standing orders of the Assembly, required to be the first business on that day, as the first business after the election of the Presiding Officer or deputy or deputies.
(9)
The Presiding Officer must move the motion for the consent resolution if no other member of the Assembly moves it when it is required to be proceeded with in accordance with sub-paragraph (8).
(10)
The question on the motion for the consent resolution (if not already put) is to be put—
(a)
at 6:00pm on the required sitting day, if the motion is proceeded with as the first business on the required sitting day (in accordance with sub-paragraph (8)(a));
(b)
six hours after the motion is moved, if the motion is proceeded with as the first business after the election of the Presiding Officer or the deputy or deputies on the required sitting day (in accordance with sub-paragraph (8)(b)).
(11)
The Assembly may not be adjourned on the required sitting day until after the declaration of the result of the division or vote on the question on the motion for the consent resolution.
(12)
Accordingly, no motion for the adjournment of the debate on the motion for the consent resolution, or of the Assembly, may be taken on the required sitting day until after the declaration of that result.
(13)
If the question on the motion for the consent resolution is not put as required by sub-paragraph (10), and is not put at any later time on the required sitting day, then—
(a)
the earliest day after that day that is not an excluded day is to be regarded as the required sitting day for the purposes of this paragraph, and
(b)
sub-paragraphs (4) to (12) and this sub-paragraph are to apply again accordingly.
(14)
This paragraph has effect subject to paragraph 16.
(15)
In this paragraph and paragraph 16—
“excluded day” means—
(a)
Saturday,
(b)
Sunday,
(c)
Christmas Day,
(d)
Good Friday, and
(e)
any day that is a public holiday in Northern Ireland;
“required sitting day” means the earliest day during the final 25 days of the current period that is not an excluded day.
Election of an interim Presiding Officer
16.
(1)
This paragraph applies if on the required sitting day—
(a)
the election of a Presiding Officer or any deputy or deputies is, by virtue of this Act, any other enactment or the standing orders of the Assembly, required to be the first business on that day, and
(b)
the Assembly does not elect from among its members a Presiding Officer or any deputy or deputies.
(2)
The Assembly must elect from among its members an interim Presiding Officer.
(3)
Neither section 39 nor section 42 applies to the election of the interim Presiding Officer (nor is the election of any deputy or deputies required).
(4)
Accordingly, the interim Presiding Officer is to be elected by a majority of those members of the Assembly voting.
(5)
The proceedings for the election of an interim Presiding Officer are to be chaired by the oldest member of the Assembly present.
(6)
But if the oldest member present is also seeking election as interim Presiding Officer then the next oldest member present is to chair the proceedings instead, and so on.
(7)
An interim Presiding Officer—
(a)
holds office only for the purposes of business relating to a motion for a consent resolution which relates to the new continuation period, and
(b)
ceases to hold office once written notification of the matters mentioned in paragraph 19(2) has been given to the Secretary of State.
(8)
Standing orders may make further provision in connection with the election of an interim Presiding Officer.
(9)
In its application in a case where this paragraph applies, paragraph 15 has effect as if—
(a)
“(8)
The motion for the consent resolution is to be proceeded with as the first business after the election of the interim Presiding Officer.”;
(b)
the reference to the Presiding Officer in paragraph 15(9) were a reference to the interim Presiding Officer;
(c)
“(10)
The question on the motion for the consent resolution (if not already put) is to be put six hours after the motion is moved.”.
(10)
In sub-paragraph (1) the reference to “the required sitting day” is to the first such day.
PART 5Procedural Matters and Outcome
Application
17.
This Part applies in relation to any motion for a consent resolution whether the default democratic consent process or the alternative democratic consent process is applicable.
Procedural matters relating to motions for consent resolutions
18.
(1)
A motion for a consent resolution is to be decided without amendment.
(2)
The question on a motion for a consent resolution is to be decided by a majority of those members of the Assembly voting.
(3)
Where a consent resolution is passed by a majority of the members voting, the Presiding Officer must—
(a)
determine whether the resolution has also been passed with cross-community support; and
(b)
announce the determination of that question.
(4)
For provision about the consequences of a consent resolution also being passed with cross-community support, see paragraph 3(2).
(5)
Section 42 does not apply in relation to a motion for a consent resolution.
(6)
Once the Assembly has decided the question on a motion for a consent resolution which relates to a continuation period (whether the Assembly has passed the motion or not), further notice of a motion for a consent resolution which relates to that continuation period may not be tabled, or if already tabled, may not be proceeded with.
(7)
A reference in this paragraph or in paragraph 19 or 20 to the Presiding Officer has effect as a reference to the interim Presiding Officer if a person is holding that office in accordance with paragraph 16.
Outcome of process: Presiding Officer to notify Secretary of State
19.
(1)
This paragraph applies when the Assembly decides the question on a motion for a consent resolution which relates to a new continuation period.
(2)
The Presiding Officer must give the Secretary of State written notification of the following matters—
(a)
whether or not the Assembly passed the consent resolution;
(b)
if the Assembly passed the consent resolution, whether the Assembly passed it—
(i)
by a majority of the members voting but not with cross-community support, or
(ii)
with cross-community support.
(3)
The notification must be given before the start of the final 5 days of the current period.
Outcome of process: Secretary of State to notify European Commission
20.
(1)
This paragraph applies when the Presiding Officer gives the Secretary of State the notification required by paragraph 19 in relation to a motion for a consent resolution which relates to a new continuation period.
(2)
The Secretary of State must give the European Commission written notification of the following matters—
(a)
whether or not the Assembly passed the consent resolution;
(b)
if the Assembly passed the consent resolution, whether the Assembly passed it—
(i)
by a majority of the members voting but not with cross-community support, or
(ii)
with cross-community support.
(3)
The notification must be given on or before the final day of the current period.
PART 6Independent Review
Independent review into the functioning of the Protocol
21.
(1)
This paragraph applies where the Presiding Officer notifies the Secretary of State that the Assembly has passed a consent resolution by a majority of the members voting but not with cross-community support.
(2)
The Secretary of State must commission an independent review into the functioning of the Protocol in accordance with paragraphs 7 to 9 of the unilateral Declaration.
(3)
The reference in this paragraph to the Presiding Officer has effect as a reference to the interim Presiding Officer if a person is holding that office in accordance with paragraph 16.
SCHEDULE 7 The Northern Ireland Human Rights Commission
Introductory
1
In this Schedule “the Commission” means the Northern Ireland Human Rights Commission.
Commissioners’ tenure
2
(1)
Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.
(2)
A Commissioner shall not be appointed—
(a)
in the case of the Chief Commissioner, for more than five years at a time; and
(b)
in any other case, for more than three years at a time.
(3)
A person may resign as a Commissioner or as Chief Commissioner by notice in writing to the Secretary of State.
(4)
The Secretary of State may dismiss a person from his office as Commissioner or Chief Commissioner if satisfied—
(a)
that he has without reasonable excuse failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;
(b)
that he has been convicted of a criminal offence;
(c)
that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(d)
that he is unable or unfit to carry out his functions.
Commissioners’ salary etc.
3
(1)
The Commission shall pay to or in respect of Commissioners—
(a)
remuneration;
(b)
allowances and fees; and
(c)
sums for the provision of pensions,
in accordance with directions of the Secretary of State.
(2)
Where a person who by reference to any office or employment is a participant in a scheme under section 1 of the M35Superannuation Act 1972 becomes a Commissioner or the Chief Commissioner, the Minister for the Civil Service may, notwithstanding any provision made under sub-paragraph (1)(c), determine that the person’s service as Commissioner or Chief Commissioner shall be treated for the purposes of the scheme as service in that office or employment.
Staff
4
(1)
The Commission may employ staff subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of employment.
(2)
Employment with the Commission shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) after “Commission for Racial Equality” insert— “
Northern Ireland Human Rights Commission
”
.
(3)
The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
Annual report
5
(1)
The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Secretary of State on the performance of its functions during the year.
(2)
The Secretary of State shall lay a copy of the report before each House of Parliament.
Money
6
The Secretary of State may make grants to the Commission out of money provided by Parliament.
7
(1)
The Commission shall keep proper accounts and financial records.
(2)
The Commission shall—
(a)
prepare a statement of accounts in respect of each financial year containing such information, and in such form, as the Secretary of State with the consent of the Treasury directs; and
(b)
send a copy to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year as the Secretary of State directs.
(3)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on the statement of accounts; and
(b)
lay a copy of the statement of accounts and of his report before each House of Parliament.
(4)
For the purposes of this paragraph—
(a)
a financial year is a period of twelve months ending on 31st March; but
(b)
the first financial year is the period beginning with the day on which section 68 comes into force and ending with the first 31st March which falls at least six months after that day.
Procedure
8
(1)
In determining its own procedure the Commission may, in particular, make provision about—
(a)
the discharge of its functions by committees (which may include persons who are not Commissioners);
(b)
a quorum for meetings of the Commission or a committee.
(2)
The validity of any proceedings of the Commission or a committee shall not be affected by—
(a)
a vacancy in the office of Chief Commissioner; or
(b)
a defect in the appointment of a Commissioner.
Disqualification
9
In Part III of Schedule 1 to the M36House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “
Northern Ireland Human Rights Commissioner
”
.
10
In Part III of Schedule 1 to the M37Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “
Northern Ireland Human Rights Commissioner
”
.
Status
11
The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.
SCHEDULE 8 The Equality Commission for Northern Ireland
Introductory
1
In this Schedule “the Commission” means the Equality Commission for Northern Ireland.
Commissioners’ tenure
2
(1)
Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.
(2)
A Commissioner shall not be appointed—
(a)
in the case of the Chief Commissioner, for more than five years at a time; and
(b)
in any other case, for more than three years at a time.
(3)
A person may resign as a Commissioner, as the Chief Commissioner or as a Deputy Chief Commissioner by notice in writing to the Secretary of State.
(4)
The Secretary of State may dismiss a person from his office of Commissioner, Chief Commissioner or Deputy Chief Commissioner if satisfied—
(a)
that he has without reasonable excuse failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;
(b)
that he has been convicted of a criminal offence;
(c)
that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(d)
that he is unable or unfit to carry out his functions.
Commissioners’ salary etc.
3
The Department of Economic Development may with the approval of the Department of Finance and Personnel pay to or in respect of Commissioners—
(a)
remuneration;
(b)
allowances and fees; and
(c)
sums for the provision of pensions.
F98Additional Commissioners
F993A
(1)
Paragraph 2(1) and (2) shall apply to additional Commissioners as they apply to Commissioners.
(2)
The Commission may pay, or make such payments towards the provision of, such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of an additional Commissioner as the Office of the First Minister and deputy First Minister, with the consent of the Department of Finance and Personnel, may determine.
(3)
The Commission may not alter the terms of appointment of an additional Commissioner except with his consent and the approval of the Office of the First Minister and deputy First Minister.
(4)
An additional Commissioner may resign by notice in writing to the Commission.
(5)
The Commission may, with the approval of the Office of the First Minister and deputy First Minister, terminate the appointment of an additional Commissioner if satisfied—
(a)
that without reasonable excuse he has failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the termination;
(b)
that he has been convicted of a criminal offence;
(c)
that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(d)
that he is unable or unfit to carry out his functions.
(6)
The appointment of an additional Commissioner shall terminate at the conclusion of the investigation for which he was appointed, if not sooner.
(7)
In this paragraph “additional Commissioner” means an additional Commissioner appointed under—
(a)
Article 57(2) of the Sex Discrimination (Northern Ireland) Order 1976;
(b)
Article 46(2) of the Race Relations (Northern Ireland) Order 1997; or
(c)
Article 5(4) of the Equality (Disability, etc.) (Northern Ireland) Order 2000.
Staff
4
(1)
The Commission may with the approval of the Department of Economic Development and the Department of Finance and Personnel as to numbers and as to remuneration and other terms and conditions of employment—
(a)
employ such staff as the Commission considers necessary;
(b)
employ the services of such other persons as the Commission considers expedient for any particular purpose.
(2)
The Commission may, in the case of such of its staff as may be determined by it with the approval of the Department of Economic Development and the Department of Finance and Personnel, pay such pensions, allowances or gratuities, or provide and maintain such pension schemes, as may be so determined.
(3)
Payments made or expenses incurred under this paragraph shall be defrayed out of money appropriated by Act of the Assembly.
Annual report
5
(1)
The Commission shall, as soon as reasonably practicable after the end of F100each financial year, make a report to the Department of Economic Development—
(a)
on the performance of its functions during the year; and
(b)
on any steps which, during the year, have been taken by it and other public authorities to promote such equality of opportunity as is mentioned in section 75(1).
(2)
The report shall, in particular, give details of how resources have been divided between the functions previously exercisable by each of the bodies listed in section 74(2).
(3)
The Department shall lay a copy of the report before the Assembly and send a copy of the report to the Secretary of State.
(4)
The Secretary of State shall lay a copy of the report before each House of Parliament.
F101(5)
Sub-paragraph (5) of paragraph 7 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.
Money
6
(1)
Expenditure incurred by the Commission may be defrayed as expenses of the Department of Economic Development if authorised by that Department and the Department of Finance and Personnel.
(2)
Expenditure defrayed under this paragraph shall be defrayed out of money appropriated by Act of the Assembly and an authorisation for the purposes of this paragraph may be general or specific.
7
(1)
The Commission shall keep accounts and financial records in a form approved by the Department of Economic Development.
(2)
The Commission shall—
(a)
prepare a statement of accounts in respect of each financial year containing such information, and in such form, as is directed by the Department of Economic Development with the consent of the Department of Finance and Personnel; and
(b)
send a copy to the Department of Economic Development and to the Comptroller and Auditor General for Northern Ireland within such period after the end of the financial year as the Department directs.
(3)
The Comptroller and Auditor General for Northern Ireland shall—
(a)
examine, certify and report on the statement of accounts; and
(b)
send a copy of the statement of accounts and of his report to the Department of Economic Development.
(4)
The Department shall lay a copy of the statement of accounts and the Comptroller and Auditor General’s report before the Assembly.
(5)
For the purposes of this paragraph—
(a)
a financial year is a period of twelve months ending on 31st March; but
(b)
the first financial year is the period beginning with the day on which section 73 comes into force and ending with the first 31st March which falls at least six months after that day.
Procedure
8
(1)
In determining its own procedure the Commission may, in particular, make provision about—
(a)
the discharge of its functions by committees (which may include persons who are not Commissioners);
(b)
a quorum for meetings of the Commission or a committee.
(2)
The validity of any proceedings of the Commission or a committee shall not be affected by—
(a)
a vacancy in the office of Chief Commissioner or Deputy Chief Commissioner; or
(b)
a defect in the appointment of a Commissioner.
Disqualification
9
In Part II of Schedule 1 to the M38House of Commons Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “
The Equality Commission for Northern Ireland
”
.
10
In Part II of Schedule 1 to the M39Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “
The Equality Commission for Northern Ireland
”
.
The Northern Ireland Commissioner for Complaints
F10211
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Status
12
The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.
SCHEDULE 9 Equality: enforcement of duties
The Equality Commission
1
The Equality Commission for Northern Ireland shall—
(a)
keep under review the effectiveness of the duties imposed by section 75;
(b)
offer advice to public authorities and others in connection with those duties; and
(c)
carry out the functions conferred on it by the following provisions of this Schedule.
Equality schemes
2
(1)
A public authority to which this sub-paragraph applies shall, before the end of the period of six months beginning with the commencement of this Schedule or, if later, the establishment of the authority, submit a scheme to the Commission.
(2)
Sub-paragraph (1) applies to any public authority except one which is notified in writing by the Commission that that sub-paragraph does not apply to it.
3
(1)
Where it thinks appropriate, the Commission may—
(a)
request a public authority to which paragraph 2(1) does not apply to make a scheme;
(b)
request any public authority to make a revised scheme.
(2)
A public authority shall respond to a request under this paragraph by submitting a scheme to the Commission before the end of the period of six months beginning with the date of the request.
4
(1)
A scheme shall show how the public authority proposes to fulfil the duties imposed by section 75 in relation to the relevant functions.
(2)
A scheme shall state, in particular, the authority’s arrangements—
(a)
for assessing its compliance with the duties under section 75 and for consulting on matters to which a duty under that section is likely to be relevant (including details of the persons to be consulted);
(b)
for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity;
(c)
for monitoring any adverse impact of policies adopted by the authority on the promotion of equality of opportunity;
(d)
for publishing the results of such assessments as are mentioned in paragraph (b) and such monitoring as is mentioned in paragraph (c);
(e)
for training staff;
(f)
for ensuring, and assessing, public access to information and to services provided by the authority.
(3)
A scheme shall—
(a)
conform to any guidelines as to form or content which are issued by the Commission with the approval of the Secretary of State;
(b)
specify a timetable for measures proposed in the scheme; and
(c)
include details of how it will be published.
(4)
In this paragraph—
“equality of opportunity” means such equality of opportunity as is mentioned in section 75(1);
“the relevant functions” means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.
F103(5)
But where the public authority is designated by order under section 75(3)(a) or (d)—
“equality of opportunity” does not include equality of opportunity in relation to which (by virtue of the order) the public authority has no obligations under section 75(1);
“the relevant functions” does not include functions of the public authority so far as the obligations imposed by section 75 do not (by virtue of the order) apply to their exercise.
5
Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission—
(a)
representatives of persons likely to be affected by the scheme; and
(b)
such other persons as may be specified in the directions.
6
(1)
On receipt of a scheme the Commission shall—
(a)
approve it; or
(b)
refer it to the Secretary of State.
(2)
Where the Commission refers a scheme to the Secretary of State under sub-paragraph (1)(b), it shall notify the Assembly in writing that it has done so and send the Assembly a copy of the scheme.
7
(1)
Where a scheme is referred to the Secretary of State he shall—
(a)
approve it;
(b)
request the public authority to make a revised scheme; or
(c)
make a scheme for the public authority.
(2)
A request under sub-paragraph (1)(b) shall be treated in the same way as a request under paragraph 3(1)(b).
(3)
Where the Secretary of State—
(a)
requests a revised scheme under sub-paragraph (1)(b); or
(b)
makes a scheme under sub-paragraph (1)(c),
he shall notify the Assembly in writing that he has done so and, in a case falling within paragraph (b), send the Assembly a copy of the scheme.
8
(1)
If a public authority wishes to revise a scheme it may submit a revised scheme to the Commission.
(2)
A revised scheme shall be treated as if it were submitted in response to a request under paragraph 3(1)(b).
(3)
A public authority shall, before the end of the period of five years beginning with the submission of its current scheme, or the latest review of that scheme under this sub-paragraph, whichever is the later, review that scheme and inform the Commission of the outcome of the review.
Duties arising out of equality schemes
9
(1)
In publishing the results of such an assessment as is mentioned in paragraph 4(2)(b), a public authority shall state the aims of the policy to which the assessment relates and give details of any consideration given by the authority to—
(a)
measures which might mitigate any adverse impact of that policy on the promotion of equality of opportunity; and
(b)
alternative policies which might better achieve the promotion of equality of opportunity.
(2)
In making any decision with respect to a policy adopted or proposed to be adopted by it, a public authority shall take into account any such assessment and consultation as is mentioned in paragraph 4(2)(b) carried out in relation to the policy.
(3)
In this paragraph “equality of opportunity” has the same meaning as in paragraph 4.
Complaints
10
(1)
If the Commission receives a complaint made in accordance with this paragraph of failure by a public authority to comply with a scheme approved or made under paragraph 6 or 7, it shall—
(a)
investigate the complaint; or
(b)
give the complainant reasons for not investigating.
(2)
A complaint must be made in writing by a person who claims to have been directly affected by the failure.
(3)
A complaint must be sent to the Commission during the period of 12 months starting with the day on which the complainant first knew of the matters alleged.
(4)
Before making a complaint the complainant must—
(a)
bring the complaint to the notice of the public authority; and
(b)
give the public authority a reasonable opportunity to respond.
Investigations
11
(1)
This paragraph applies to—
(a)
investigations required by paragraph 10; and
(b)
any other investigation carried out by the Commission where it believes that a public authority may have failed to comply with a scheme approved or made under paragraph 6 or 7.
(2)
The Commission shall send a report of the investigation to—
(a)
the public authority concerned;
(b)
the Secretary of State; and
(c)
the complainant (if any).
(3)
If a report recommends action by the public authority concerned and the Commission considers that the action is not taken within a reasonable time—
(a)
the Commission may refer the matter to the Secretary of State; and
(b)
the Secretary of State may give directions to the public authority in respect of any matter referred to him.
(4)
Where the Commission—
(a)
sends a report to the Secretary of State under sub-paragraph (2)(b); or
(b)
refers a matter to the Secretary of State under sub-paragraph (3)(a),
it shall notify the Assembly in writing that it has done so and, in a case falling within paragraph (a), send the Assembly a copy of the report.
(5)
Where the Secretary of State gives directions to a public authority under sub-paragraph (3)(b), he shall notify the Assembly in writing that he has done so.
Government departments
12
(1)
Paragraphs 6, 7 and 11(2)(b) and (3) do not apply to a government department which is such a public authority as is mentioned in section 75(3)(a).
(2)
On receipt of a scheme submitted by such a government department under paragraph 2 or 3 the Commission shall—
(a)
approve it; or
(b)
request the department to make a revised scheme.
(3)
A request under sub-paragraph (2)(b) shall be treated in the same way as a request under paragraph 3(1)(b).
(4)
Where a request is made under sub-paragraph (2)(b), the government department shall, if it does not submit a revised scheme to the Commission before the end of the period of six months beginning with the date of the request, send to the Commission a written statement of the reasons for not doing so.
(5)
The Commission may lay before Parliament and the Assembly a report of any investigation such as is mentioned in paragraph 11(1) relating to a government department such as is mentioned in sub-paragraph (1).
SCHEDULE 10 Devolution issues
Part I Preliminary
1
In this Schedule “devolution issue” means—
(a)
a question whether any provision of an Act of the Assembly is within the legislative competence of the Assembly;
(b)
a question whether a purported or proposed exercise of a function by a Minister or Northern Ireland department is, or would be, invalid by reason of section 24;
(c)
a question whether a Minister or Northern Ireland department has failed to comply with any of the Convention rightsF104...; or
(d)
any question arising under this Act about excepted or reserved matters.
2
A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.
Part II Proceedings in Northern Ireland
Application of Part II
3
This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.
Institution of proceedings
4
(1)
Proceedings for the determination of a devolution issue may be instituted F105by the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.
(2)
(3)
This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Notice of devolution issue
5
A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the F108Advocate General for Northern Ireland and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).
6
A person to whom notice is given in pursuance of paragraph 5 F109... may take part as a party in the proceedings, so far as they relate to a devolution issue.
Reference of devolution issue to Court of Appeal
7
A court, other than the F110Supreme Court or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.
8
A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.
References from Court of Appeal to F111Supreme Court
9
The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the F112Supreme Court .
Appeals from Court of Appeal to F113Supreme Court
10
An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 7 or 8 shall lie to the F114Supreme Court , but only with F115permission of the Court of Appeal in Northern Ireland or, failing such F115permission, with F116permission of the F114Supreme Court.
Part III Proceedings in England and Wales
Application of Part III
11
This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.
Institution of proceedings
12
(1)
Proceedings for the determination of a devolution issue may be instituted F117... by the Attorney General.
(2)
The Attorney General for Northern Ireland F117... may defend any such proceedings.
(3)
This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Notice of devolution issue
13
A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General F118and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).
14
A person to whom notice is given in pursuance of paragraph 13 F119... may take part as a party in the proceedings, so far as they relate to a devolution issue.
Reference of devolution issue to High Court or Court of Appeal
15
A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.
16
(1)
A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.
(2)
Sub-paragraph (1) does not apply to—
(a)
a magistrates’ court, the Court of Appeal or the F120Supreme Court; or
(b)
the High Court if the devolution issue arises in proceedings on a reference under paragraph 15.
17
A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.
18
A court, other than the F121Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—
(a)
the High Court (if the proceedings are summary proceedings); or
(b)
the Court of Appeal (if the proceedings are proceedings on indictment).
References from Court of Appeal to F122Supreme Court
19
The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 16, 17 or 18) to the F123Supreme Court .
Appeals from superior courts to F124Supreme Court
20
An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 15, 16, 17 or 18 shall lie to the F125Supreme Court , but only with F126permission of the High Court or the Court of Appeal or, failing such F126permission , with F127permission of the F125Supreme Court .
Part IV Proceedings in Scotland
Application of Part IV
21
This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.
Institution of proceedings
22
(1)
Proceedings for the determination of a devolution issue may be instituted F128... by the Advocate General for Scotland.
(2)
The Attorney General for Northern Ireland F128... may defend any such proceedings.
(3)
This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Intimation of devolution issue
23
Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General for Scotland F129and the Attorney General for Northern Ireland (unless the person to whom the intimation would be given is a party to the proceedings).
24
A person to whom intimation is given in pursuance of paragraph 23 F130... may take part as a party in the proceedings, so far as they relate to a devolution issue.
Reference of devolution issue to higher court
25
A court, other than the F131Supreme Court or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.
26
A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.
27
A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.
References from superior courts to F132Supreme Court
28
Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the F133Supreme Court .
29
Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 27) to the F134Supreme Court .
Appeals from superior courts to F135Supreme Court
30
An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 25 or 26 shall lie to the F136Supreme Court .
31
An appeal against a determination of a devolution issue by—
(a)
a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 27); or
(b)
a court of three or more judges of the Court of Session from which there is no appeal to the F137Supreme Court apart from this paragraph ,
Part V General
F141. . .
32
F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Direct references to F143Supreme Court
33
The Attorney General, F144the Advocate General for Northern Ireland, the Attorney General for Northern Ireland or the Advocate General for Scotland may require any court or tribunal to refer to the F145Supreme Court any devolution issue which has arisen in proceedings before it to which he is or they are a party.
34
35
(1)
This paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a Northern Ireland Minister or department.
(2)
The person making the reference shall notify the Northern Ireland Minister or department of that fact.
(3)
No Northern Ireland Minister or department shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of.
(4)
Proceedings relating to any possible failure by a Northern Ireland Minister or department to comply with sub-paragraph (3) may be instituted by the F147Advocate General for Northern Ireland .
(5)
Sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person.
Delegation by First Ministers
F14836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses
37
(1)
A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.
(2)
In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).
(3)
The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 14 or 24.
Procedure of courts and tribunals
38
Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—
(a)
for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred;
(b)
for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule; and
(c)
for determining the manner in which and the time within which any notice or intimation is to be given.
Bail and legal aid in criminal proceedings
39
(1)
Sub-paragraph (3) applies where a devolution issue arises in proceedings against a person (“the defendant”) for an offence and the issue is referred to the Court of Appeal in Northern Ireland under paragraph 7.
(2)
F149Sub-paragraph (3) applies where such an issue arises in such proceedings and—
(a)
(3)
The F150Court of Appeal may, if it thinks fit, on the application of the defendant, admit him to bail pending the determination of the reference, appeal or application.
(4)
(a)
that it is desirable in the interests of justice that the defendant should have legal aid; and
(b)
that he has not sufficient means to obtain that aid,
assign to him a solicitor and counsel, or counsel only, in the reference, appeal or application.
(5)
If, on a question of granting a person free legal aid under sub-paragraph (4), there is a doubt—
(a)
whether it is desirable in the interests of justice that he should have legal aid; or
(b)
whether he has sufficient means to obtain that aid,
the doubt shall be resolved in favour of granting him free legal aid.
(6)
The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under sub-paragraph (4) shall be defrayed, up to an amount allowed by the Master (Taxing Office), by the Lord Chancellor F152....
40
Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and—
(a)
the issue is referred to the F153Supreme Court under paragraph 9 or 33; or
(b)
the issue is determined by the Court of Appeal in Northern Ireland under paragraph 7 and—
(i)
an appeal to the F153Supreme Court against the determination is brought under paragraph 10; or
(ii)
an application for special leave to bring such an appeal is made to the F153Supreme Court under that paragraph,
Interpretation
41
Any duty or power conferred by this Schedule to refer a devolution issue to a court shall be construed as a duty or power to refer the issue to the court for decision.
SCHEDULE 11 Tribunal established under section 91
Introductory
1
In this Schedule “the Tribunal” means the tribunal established under section 91.
Members
2
(1)
The Tribunal shall consist of such number of members appointed by the Lord Chancellor as he may determine.
(2)
A member of the Tribunal shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
(3)
A member of the Tribunal may resign his office at any time by notice in writing to the Lord Chancellor.
F1552A
(1)
The Lord Chancellor may only appoint persons to the Tribunal who have been selected by the Northern Ireland Judicial Appointments Commission as follows.
(2)
The Lord Chancellor may at any time by notice require the Commission to select a person for appointment.
(3)
The Commission must then select a person for appointment and notify the Lord Chancellor accordingly.
(4)
The Lord Chancellor must then appoint the selected person.
(5)
Section 5A of, and Part 4 of Schedule 3 to, the Justice (Northern Ireland) Act 2002 apply for the purposes of selections under this paragraph as they apply for the purposes of selections under that Schedule.
Chairman
3
(1)
The Lord Chancellor shall appoint one of the members of the Tribunal to be its chairman.
(2)
The chairman may nominate a member as deputy chairman to act in his absence.
(3)
A member may not be appointed as chairman or nominated as deputy chairman, unless he holds, or has held, office as a judge of the High Court, the High Court of Justice in Northern Ireland, the Court of Appeal or the Court of Appeal in Northern Ireland.
(4)
The chairman may resign his office at any time by notice in writing to the Lord Chancellor.
Payments to members
4
(1)
The Lord Chancellor may pay to the members of the Tribunal such remuneration and allowances as he may determine.
(2)
The Lord Chancellor may, if he thinks fit in the case of any member of the Tribunal pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.
(3)
If a person ceases to be a member of the Tribunal and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.
Proceedings
5
(1)
The Tribunal shall sit at such times and in such places as the F156Lord Chief Justice may direct.
F157(2)
The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).
6
The Tribunal shall be deemed to be duly constituted if it consists of the chairman or deputy chairman and two or more other members.
7
The chairman or, in his absence, the deputy chairman, shall preside at sittings of the Tribunal.
Staff
8
The Lord Chancellor may appoint such officers and servants for the Tribunal as he thinks fit.
Expenses
9
The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 8 and such expenses of the Tribunal as he thinks fit.
Disqualification of Tribunal Members
10
In Part II of Schedule 1 to the M40House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “
The Tribunal established under section 91 of the Northern Ireland Act 1998
”
.
11
In Part II of Schedule 1 to the M41Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “
The Tribunal established under section 91 of the Northern Ireland Act 1998
”
.
SCHEDULE 12 Construction of references in existing laws
Preliminary
1
(1)
Enactments and instruments shall, except where the context otherwise requires, be construed in accordance with this Schedule.
(2)
In this Schedule “instruments” includes charters, contracts and other documents.
The Parliament and the old Assembly
2
(1)
References to the Parliament of Northern Ireland shall be construed as including references to—
(a)
the Assembly established under section 1 of the M42Northern Ireland Assembly Act 1973; and
(b)
the Assembly.
(2)
References to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as including references to the Assembly.
Legislation etc of the Parliament or the old Assembly
3
(1)
A reference to an Act or enactment of the Parliament of Northern Ireland shall be construed as including a reference to an Order in Council under section 1(3) of the M43Northern Ireland (Temporary Provisions) Act 1972.
(2)
A reference to an Act or enactment of, or a Bill in, the Parliament of Northern Ireland shall be construed as including a reference to—
(a)
a Measure or proposed Measure of the Assembly established under section 1 of the M44Northern Ireland Assembly Act 1973; and
(b)
an Act or Bill of the Assembly.
(3)
A reference to a Measure or proposed Measure of the Assembly so established shall be construed as including a reference to an Act or Bill of the Assembly.
(4)
A reference to a Measure of the Assembly so established shall be construed as including a reference to an Order in Council under paragraph 1 of Schedule 1 to the M45Northern Ireland Act 1974.
4
(1)
A reference to a resolution or other decision of the Senate or the House of Commons of the Parliament of Northern Ireland, or of either House of that Parliament, shall be construed as including a reference to a resolution or decision of—
(a)
the Assembly established under section 1 of the Northern Ireland Assembly Act 1973; or
(b)
the Assembly.
(2)
A reference to a resolution or other decision of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 shall be construed as a reference to a resolution or decision of the Assembly.
5
A reference to laying a document before, or presenting it to—
(a)
the Parliament of Northern Ireland or either House of that Parliament; or
(b)
the Assembly established under section 1 of the M46Northern Ireland Assembly Act 1973,
shall be construed as a reference to laying it before, or presenting it to, the Assembly.
6
Paragraphs 2 to 5 apply to enactments and instruments passed or made before the appointed day.
Money
7
(1)
A reference to—
(a)
money provided by the Parliament of Northern Ireland; or
(b)
money appropriated by Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973,
shall be construed as a reference to money appropriated by Act of the Assembly.
(2)
A reference to payment into or out of the Exchequer of Northern Ireland shall be construed as a reference to payment into or out of the Consolidated Fund of Northern Ireland.
(3)
This paragraph applies to enactments and instruments passed or made before the appointed day.
Office-holders and Ministers
8
(1)
A reference to—
(a)
the Governor of Northern Ireland;
(b)
the Governor of Northern Ireland in Council; or
(c)
the making of an Order in Council by the Governor of Northern Ireland,
shall be construed as a reference to the Secretary of State or, as the case may be, the making of an order by the Secretary of State.
(2)
This paragraph applies to enactments and instruments passed or made before 1st January 1974.
9
(1)
A reference to—
(a)
the Prime Minister of Northern Ireland; or
(b)
the chief executive member,
shall be construed as a reference to the First Minister and deputy First Minister acting jointly.
(2)
References to Northern Ireland executive authorities shall be construed as references to Ministers and the Northern Ireland departments.
(3)
A reference to—
(a)
the Executive Committee for Northern Ireland; or
(b)
the Northern Ireland Executive,
shall be construed as a reference to the Executive Committee established by section 20.
(4)
This paragraph applies to enactments and instruments passed or made before the appointed day.
10
(1)
A reference to—
(a)
a particular Ministry of Northern Ireland; or
(b)
the Minister in charge of a particular Ministry,
shall, in relation to a function, be construed as a reference to the Northern Ireland department which exercises that function or to the Northern Ireland Minister in charge of that department.
(2)
A reference to an unspecified Ministry shall be construed as a reference to a Northern Ireland department.
(3)
This paragraph applies to enactments and instruments passed or made before 1st January 1974.
11
(1)
A reference to—
(a)
an unspecified Minister of Northern Ireland; or
(b)
the head of a Northern Ireland department,
shall be construed as a reference to a Northern Ireland Minister.
(2)
A reference to the head of a specified Northern Ireland department shall, in relation to a function, be construed as a reference to the Northern Ireland Minister in charge of the department which exercises that function.
(3)
In sub-paragraph (1) “Northern Ireland Minister” includes the First Minister and the deputy First Minister.
(4)
This paragraph applies to enactments and instruments passed or made before the appointed day.
Courts
12
(1)
A reference to the Supreme Court of Judicature in Ireland shall be construed as a reference to the F158Court of Judicature .
(2)
A reference to the High Court of Justice in Ireland shall be construed as a reference to the High Court of Justice in Northern Ireland.
(3)
A reference to the Court of Appeal in Ireland shall be construed as a reference to the Court of Appeal in Northern Ireland.
(4)
This paragraph applies to enactments and instruments passed or made before the passing of the M47Government of Ireland Act 1920.
Equal opportunity bodies
13
(1)
A reference to—
(a)
the Fair Employment Commission for Northern Ireland;
(b)
the Equal Opportunities Commission for Northern Ireland;
(c)
the Commission for Racial Equality for Northern Ireland; or
(d)
the Northern Ireland Disability Council,
shall be construed as a reference to the Equality Commission for Northern Ireland.
(2)
This paragraph applies to enactments and instruments passed or made before section 74 comes into force.
F159SCHEDULE 12AEffect of application of section 95A(6) or (7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 13 Minor and consequential amendments
Fair Employment (Northern Ireland) Act 1976 (c.25)
F1601
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
2
(1)
The Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows.
(2)
In Article 2(2) (interpretation), in the definition of “the Commission” for “the Equal Opportunities Commission for Northern Ireland” substitute “
the Equality Commission for Northern Ireland
”
.
(3)
In Article 54(1) (establishment of Equal Opportunities Commission for Northern Ireland)—
(a)
in paragraph (1) for the words before paragraph (a) substitute “
The Commission shall have the following duties
”
; and
(b)
paragraphs (2) to (4) shall cease to have effect.
(4)
Schedule 3 (the Equal Opportunities Commission for Northern Ireland) shall cease to have effect.
Interpretation Act 1978 (c.30)
3
“(d)
Measures of the Northern Ireland Assembly established under section 1 of the M48Northern Ireland Assembly Act 1973;
(e)
Orders in Council under Schedule 1 to the M49Northern Ireland Act 1974;
(f)
Acts of the Northern Ireland Assembly; and
(g)
Orders in Council under section 85 of the Northern Ireland Act 1998.”
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))
4
In Part II of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 (rule-making authorities), for “section 40 of and paragraph 4 of Schedule 5 to the Northern Ireland Constitution Act 1973” substitute “
section 95(5) of and paragraph 8 of Schedule 12 to the Northern Ireland Act 1998
”
.
Mental Health Act 1983 (c.20)
5
(1)
The Mental Health Act 1983 shall be amended as follows.
(2)
In section 134(3)(a) (correspondence of patients), after “Parliament” insert “
or of the Northern Ireland Assembly
”
.
F161(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insolvency Act 1986 (c.45)
6
“(6C)
Subsection (1), as applied to a member of the Northern Ireland Assembly by virtue of section 36(4) of the Northern Ireland Act 1998, has effect as if “or Northern Ireland” were omitted; and subsections (4) to (6) have effect in relation to such a member as if—
(a)
references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and
(b)
in subsection (4), for “under this section” there were substituted “under section 36(4) of the Northern Ireland Act 1998 by virtue of this section”.”
Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5))
7
In Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses and accounts of Northern Ireland Audit Office)—
(a)
for “the Department”, in the first place where it occurs, substitute “
the committee established under section 66 of the Northern Ireland Act 1998
”
; and
(b)
for “the Department”, in the second place where it occurs, substitute “
that committee
”
.
Copyright, Designs and Patents Act 1988 (c.48)
8
(1)
The Copyright, Designs and Patents Act 1988 shall be amended as follows.
(2)
F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
In section 164(1)
(Crown copyright in Acts of Parliament, etc.), after “Scottish Parliament” insert “
, Act of the Northern Ireland Assembly
”
.
(6)
“166B Copyright in Bills of the Northern Ireland Assembly.
(1)
Copyright in every Bill introduced into the Northern Ireland Assembly belongs to the Northern Ireland Assembly Commission.
(2)
Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction—
(a)
until the Bill receives Royal Assent, or
(b)
if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
(3)
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
(4)
No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.”
(7)
In the definition of “parliamentary proceedings” in section 178 (definitions), the words “, of the New Northern Ireland Assembly” shall cease to have effect.
(8)
In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166A(3)” substitute “
166A(3) and 166B(3)
”
.
Official Secrets Act 1989 (c.6)
9
(1)
Section 12 of the Official Secrets Act 1989 (interpretation) shall be amended as follows.
(2)
Subsection (1)(b) shall cease to have effect.
(3)
“(5)
This Act shall apply to the following as it applies to persons falling within the definition of Crown servant—
(a)
the First Minister and deputy First Minister in Northern Ireland; and
(b)
Northern Ireland Ministers and junior Ministers.”
Fair Employment (Northern Ireland) Act 1989 (c.32)
F16310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Administration Act 1992 (c.5)
11
In section 189 of the Social Security Administration Act 1992 (regulations and orders: general)—
(a)
in subsection (9), for “175 and 178” substitute “
and 175
”
; and
(b)
in subsection (11), for “any of sections 177 to 179” substitute “
section 179
”
.
Social Security Administration (Northern Ireland) Act 1992 (c.8)
12
In section 165 of the Social Security Administration (Northern Ireland) Act 1992 (regulations and orders: general)—
(a)
in subsection (10), for “152 and 154” substitute “
and 152
”
; and
(b)
in subsection (11), for “any of sections 153 to 155” substitute “
section 155
”
.
Environment and Safety Information (Northern Ireland) Order 1993 (S.I. 1993/3159 (N.I.14))
13
In the second column of Schedule 1 to the Environment and Safety Information (Northern Ireland) Order 1993 (enforcing authorities), for “section 43(2) of the Northern Ireland Constitution Act 1973” substitute “
section 4(1) of the Northern Ireland Act 1998
”
.
Civil Service (Management Functions) (Northern Ireland) Order 1994 (S.I. 1994/1894 (N.I.9))
14
In Article 3(1) of the Civil Service (Management Functions) (Northern Ireland) Order 1994, for paragraphs (a) and (b) substitute “
which, by virtue of a prerogative order made under section 23(3) of the Northern Ireland Act 1998, is exercisable by the Department of Finance and Personnel
”
.
Olympic Symbol etc. Protection Act 1995 (c.32)
15
In section 4(16) of the Olympic Symbol etc. Protection Act 1995 (definitions), in the definition of “Royal Commission”, for “by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the Northern Ireland Constitution Act 1973” substitute “
by a Minister, within the meaning of the Northern Ireland Act 1998, or Northern Ireland department in pursuance of the prerogative powers of Her Majesty exercisable by the Minister or department under section 23 of that Act
”
.
Disability Discrimination Act 1995 (c.50)
F16416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I.7))
F16517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I.8))
F16518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I.6))
19
(1)
The Race Relations (Northern Ireland) Order 1997 shall be amended as follows.
(2)
In Article 2(2) (interpretation), in the definition of “the Commission” for “the Commission for Racial Equality for Northern Ireland” substitute “
the Equality Commission for Northern Ireland
”
.
(3)
Article 42(1) and (3) to (5) and Schedule 1 (establishment of Commission for Racial Equality for Northern Ireland) shall cease to have effect.
Northern Ireland (Elections) Act 1998 (c.12)
20
“8
(1)
For the purposes of the law of defamation, absolute privilege shall attach to—
(a)
the making of a statement in proceedings of the Assembly; and
(b)
the publication of a statement under the Assembly’s authority.
(2)
In this paragraph “statement” has the same meaning as in the Defamation Act 1996.”
Data Protection Act 1998 (c.29)
21
(1)
In paragraph 4 of Schedule 7 to the Data Protection Act 1998 (miscellaneous exceptions), for “Northern Ireland department” substitute “
Northern Ireland authority
”
.
(2)
“(2)
In this paragraph “Northern Ireland authority” means the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department.”
SCHEDULE 14 Transitional provisions and savings
Human rights
1
In relation to any time before the M50Human Rights Act 1998 is fully in force, sections 6(2)(c), 24(1) and 71 and Schedule 10 shall have effect as if that Act were so in force.
First Minister and deputy First Minister
2
Any election of the First Minister and the deputy First Minister held before the appointed day shall on and after that day have effect as if it had been held under section 16.
Ministerial offices
3
Any determination of—
(a)
the number of Ministerial offices to be held by Northern Ireland Ministers; and
(b)
the functions to be exercisable by the holder of each such office,
made and approved before the appointed day shall on and after that day have effect as if it had been made and approved under section 17.
Northern Ireland Ministers
4
Any nomination of a person to hold a Ministerial office made before the appointed day shall on and after that day have effect as if it had been made under section 18.
Junior Ministers
5
Any of the following made and approved before the appointed day—
(a)
a determination of the number of junior Ministers to be appointed;
(b)
a determination of the functions to be exercised by the holder of each junior Ministerial office; and
(c)
an appointment of a junior Minister,
shall have effect on and after that day as if it had been made and approved under section 19.
Department of First Minister and deputy First Minister
6
Any Northern Ireland department established before the appointed day under the charge of the First Minister and deputy First Minister acting jointly shall be treated on and after that day as if it had been established by an Act of the Assembly under section 21.
Prerogative orders
7
Any prerogative order made by the Secretary of State under the Letters Patent of Her Majesty dated 20th December 1973 before the appointed day shall on and after that day have effect as if it had been validly made under section 23(3) by the First Minister and the deputy First Minister acting jointly.
Agency arrangements
8
Any arrangements made under section 11 of the M51Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if they had been made under section 28.
Statutory committees
9
(1)
Any committee of the Assembly established before the appointed day to advise and assist a Northern Ireland Minister in the formulation of policy with respect to his responsibilities as a Minister shall be treated on and after that day as if it had been established by standing orders under section 29.
(2)
Any appointment of a member, or the chairman or deputy chairman, of such a committee made before the appointed day shall have effect on and after that day as if it had been made under section 29.
Elections of members
10
Any order made under section 2(5) of the M52Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 34(4).
Vacancies
11
Any order made under section 3 of the M53Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect, with any necessary modifications, as if it had been made under section 35.
Disqualification
12
A person elected on 25th June 1998 shall not be disqualified from membership of the Assembly by virtue of section 36 if he was not disqualified from such membership under section 4 of the M54Northern Ireland (Elections) Act 1998.
Presiding Officer and deputy
13
Any person appointed or elected under paragraph 3 of the Schedule to the Northern Ireland (Elections) Act 1998 who holds office immediately before the appointed day shall on and after that day hold office as Presiding Officer or, as the case may be, deputy Presiding Officer as if he had been elected by the Assembly under section 39.
Standing orders
14
Any standing orders made by the Secretary of State under paragraph 10 to the Schedule to the Northern Ireland (Elections) Act 1998 before the appointed day shall on and after that day have effect as if they had been made by the Assembly under section 41.
Civic Forum
15
Any such arrangements as are mentioned in subsection (1) of section 56 which are made and approved before the commencement of that section shall have effect, after that commencement, as if they had been made and approved under that section.
Comptroller and Auditor General for Northern Ireland
16
Any appointment made by Her Majesty under section 36(1)(d) of the M55Northern Ireland Constitution Act 1973 before the appointed day shall on and after that day have effect as if it had been an appointment made by Her Majesty on the nomination of the Assembly under section 65.
Social security and child support
17
Any regulations made under any enactment repealed by virtue of section 87 shall have effect, with any necessary modifications as if they had been made under subsection (4) or, as the case may require, subsection (5) of that section.
Certificates by Secretary of State
18
Section 90 shall have effect—
(a)
in relation to any act done before the appointed day, as if the reference to section 24 were a reference to section 19 of the Northern Ireland Constitution Act 1973 so far as relating to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department;
(b)
in relation to any act done before the commencement of section 76, as if the reference to that section were a reference to section 19 of that Act so far as relating otherwise than as mentioned in sub-paragraph (a); and
(c)
in relation to any such act as is mentioned in sub-paragraph (a) or (b), as if—
(i)
the reference in subsection (1)(b) to a certificate were a reference to a certificate purporting to be signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security; and
(ii)
subsection (3)(b) were omitted.
Devolution issues
19
In relation to any time before the first appointment of the Advocate General for Scotland, paragraphs 22, 23, 33 and 34 of Schedule 10 shall have effect as if references to him were references to the Lord Advocate.
Relations with Republic of Ireland
20
The repeal effected by this Act of section 12 of the Northern Ireland Constitution Act 1973 shall not affect the operation of any agreement or arrangement made under that section.
Discrimination in legislation
21
The repeals effected by this Act shall not affect the operation of sections 17 and 18 of the M56Northern Ireland Constitution Act 1973 (read with section 23 of that Act) in relation to—
(a)
Acts of the Parliament of Northern Ireland;
(b)
Measures of the Northern Ireland Assembly established under section 1 of the M57Northern Ireland Assembly Act 1973;
(c)
Orders in Council under Schedule 1 to the M58Northern Ireland Act 1974; and
(d)
relevant subordinate instruments (within the meaning of section 17 of the Northern Ireland Constitution Act 1973) made before the appointed day.
Discrimination by public bodies
22
The repeals effected by this Act shall not affect the operation of section 19 of the Northern Ireland Constitution Act 1973 (read with section 23 of that Act)—
(a)
so far as section 19 relates to a member of the Northern Ireland Executive or other person appointed under section 8 of that Act or a Northern Ireland department, in relation to any act done before the appointed day;
(b)
so far as section 19 relates otherwise than as mentioned in sub-paragraph (a), in relation to any act done before the commencement of section 76.
Members’ Pensions
23
The repeals effected by this Act shall not affect the operation of the M59Ministerial Offices Act Northern Ireland) 1952, the M60Ministerial Salaries and Members’ Pensions Act Northern Ireland) 1965 or the M61Members’ Pensions (Northern Ireland) Order 1976 in relation to service completed before the appointed day.
SCHEDULE 15Repeals
Chapter or Number | Short title | Extent of repeal |
|---|---|---|
3 Edw 7 c.37. | Irish Land Act 1903. | Sections 27 to 42. |
Section 47. | ||
10 & 11 Geo 5 c.67. | Government of Ireland Act 1920. | The whole Act. |
12 Geo 5 c.2 (N.I.). | Exchequer and Audit Act (Northern Ireland) 1921. | Section 5. |
Section 28(1). | ||
14 & 15 Geo 5 c.11 (N.I.). | Ministers (Temporary Exercise of Powers) Act (Northern Ireland) 1924. | The whole Act. |
10 & 11 Geo 6 c.37. | Northern Ireland Act 1947. | Section 8. |
Section 9(1) and (5). | ||
Section 14(1) and (2). | ||
1 & 2 Eliz 2 c.3. | Public Works Loans Act 1952. | Section 6. |
1 & 2 Eliz 2 c.15 (N.I.). | Ministerial Offices Act (Northern Ireland) 1952. | The whole Act. |
2 & 3 Eliz 2 c.33 (N.I.). | Interpretation Act (Northern Ireland) 1954. | Section 13(2). |
In section 46(2), in the definition of “the constitutional laws of Northern Ireland”, the words “the Government of Ireland Act 1920, and” and “amending or extending it or otherwise”. | ||
1965 c.18 (N.I.). | Ministerial Salaries and Members’ Pensions Act (Northern Ireland) 1965. | The whole Act. |
1969 c.7 (N.I.). | Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969. | Section 4. |
1972 c.22. | Northern Ireland (Temporary Provisions) Act 1972. | The whole Act. |
1973 c.17. | Northern Ireland Assembly Act 1973. | The whole Act. |
1973 c.36. | Northern Ireland Constitution Act 1973. | Sections 1 to 9. |
Sections 11 to 32. | ||
Section 33(1). | ||
Section 36(1)(d). | ||
Section 37(1). | ||
Sections 38 to 40. | ||
Schedules 1 to 5. | ||
1973 c.69. | Northern Ireland Constitution (Amendment) Act 1973. | The whole Act. |
1974 c.28. | Northern Ireland Act 1974. | The whole Act. |
1975 c.24. | House of Commons Disqualification Act 1975. | In Schedule 1, in Part II, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entry relating to the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland. |
1975 c.25. | Northern Ireland Assembly Disqualification Act 1975. | Section 5(1). |
In Schedule 1, in Part II, the entries relating to the Commission for Racial Equality for Northern Ireland, the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Northern Ireland Disability Council; in Part III, the entries relating to the Additional Commissioner of the Commission for Racial Equality for Northern Ireland and the Additional Commissioner of the Equal Opportunities Commission for Northern Ireland. | ||
Schedule 2. | ||
1976 c.25. | Fair Employment (Northern Ireland) Act 1976. | Section 1(2). |
Section 58(1). | ||
Schedule 1. | ||
Schedule 6. | ||
S.I. 1976/426 (N.I.8). | Members’ Pensions (Northern Ireland) Order 1976. | The whole Order. |
S.I. 1976/1042 (N.I.15). | Sex Discrimination (Northern Ireland) Order 1976. | In Article 2(2), the definition of “the interim period”. |
Article 54(2) to (4). | ||
Schedule 3. | ||
In Schedule 6, paragraph 2. | ||
S.I. 1979/1573 (N.I.12). | Statutory Rules (Northern Ireland) Order 1979. | In Article 7(1), the words from “subject to” to “1974”. |
Article 11(4). | ||
In Schedule 4, paragraph 14. | ||
1981 c.35. | Finance Act 1981. | Section 137(1) and (2). |
S.I. 1982/713 (N.I.10). | Probation Board (Northern Ireland) Order 1982. | In Schedule 1, paragraph 1(2). |
1982 c.38. | Northern Ireland Act 1982. | The whole Act. |
S.I. 1984/1821 (N.I.11). | Fire Services (Northern Ireland) Order 1984. | In Article 5(1)(f), the words “under section 12 of the Northern Ireland Constitution Act 1973”. |
1986 c.50. | Social Security Act 1986. | In Schedule 9, paragraph 6. |
1986 c.53. | Building Societies Act 1986. | Section 122(2). |
1986 c.56. | Parliamentary Constituencies Act 1986. | In Schedule 3, paragraphs 1 and 2. |
1986 c.60. | Financial Services Act 1986. | Section 209(2). |
S.I. 1986/595 (N.I.4). | Mental Health (Northern Ireland) Order 1986. | In Schedule 5, in Part II the amendment of the Ministerial Salaries and Members’ Pensions Act (Northern Ireland) 1965. |
1987 c.22. | Banking Act 1987. | Section 109(2). |
1987 c.43. | Consumer Protection Act 1987. | Section 49(2). |
S.I. 1987/460 (N.I.5). | Audit (Northern Ireland) Order 1987. | In Article 2(2), the definition of “the interim period”. |
Article 4(2), (6) and (7). | ||
Article 6(6). | ||
Article 11(2) and (3). | ||
In Schedule 1, paragraph 4(3). | ||
In Schedule 2, paragraph 4(3). | ||
S.I. 1987/2203 (N.I.22). | Adoption (Northern Ireland) Order 1987. | In Schedule 4, paragraph 1. |
1989 c.6. | Official Secrets Act 1989. | Section 12(1)(b). |
1989 c.32. | Fair Employment (Northern Ireland) Act 1989. | In section 21(1), the definition of “the Commission”. |
In Schedule 2, paragraphs 2, 5, 6 and 22 to 28. | ||
1989 c.40. | Companies Act 1989. | In section 213(7), the words from “Subject to any Order” to the end. |
1990 c.37. | Human Fertilisation and Embryology Act 1990. | Section 48(2). |
1990 c.42. | Broadcasting Act 1990. | In Schedule 20, paragraph 19. |
1990 c.43. | Environmental Protection Act 1990. | Section 3(8). |
Section 153(5). | ||
1991 c.48. | Child Support Act 1991. | Section 23(4) and (5). |
Section 56(2) to (4). | ||
In Schedule 5, paragraph 2. | ||
S.I. 1991/2628 (N.I.23). | Child Support (Northern Ireland) Order 1991. | Article 49(2) and (3). |
1992 c.5. | Social Security Administration Act 1992. | Sections 177 and 178. |
Schedule 8. | ||
1992 c.8. | Social Security Administration (Northern Ireland) Act 1992. | Sections 153 and 154. |
In section 167(1), the definition of “Joint Authority”. | ||
1992 c.40. | Friendly Societies Act 1992. | Section 124(2). |
1993 c.36. | Criminal Justice Act 1993. | Section 79(11). |
1993 c.39. | National Lottery etc. Act 1993. | Section 63(2). |
1993 c.48. | Pension Schemes Act 1993. | In section 167(2), the words “section 177 (co-ordination with Northern Ireland)”. |
Section 187. | ||
1993 c.49. | Pension Schemes (Northern Ireland) Act 1993. | In section 163(2), the words “section 153 (co-ordination with Great Britain)”. |
S.I. 1993/1252 (N.I.5). | Financial Provisions (Northern Ireland) Order 1993. | Article 8(6A). |
1994 c.26. | Trade Marks Act 1994. | In Schedule 4, the entry in paragraph 1(2) relating to the Northern Ireland Constitution Act 1973. |
1995 c.34. | Child Support Act 1995. | Section 29(2) to (4). |
S.I. 1995/2702 (N.I.13). | Child Support (Northern Ireland) Order 1995. | Article 20. |
1996 c.11. | Northern Ireland (Entry to Negotiations, etc.) Act 1996. | The whole Act. |
1996 c.22. | Northern Ireland (Emergency Provisions) Act 1996. | In Schedule 6, paragraph 1. |
S.I. 1996/1297 (N.I.7). | Commissioner for Complaints (Northern Ireland) Order 1996. | Article 23(1). |
In Schedule 2, the entries relating to the Equal Opportunities Commission for Northern Ireland, the Fair Employment Commission for Northern Ireland and the Commission for Racial Equality for Northern Ireland. | ||
Schedule 4. | ||
S.I. 1996/1298 (N.I.8). | Ombudsman (Northern Ireland) Order 1996. | Article 3(3). |
In Schedule 5, the amendments of sections 19 to 22 of the Northern Ireland Constitution Act 1973 and the Northern Ireland Act 1974. | ||
S.I. 1997/869 (N.I.6). | Race Relations (Northern Ireland) Order 1997. | Article 42(1) and (3) to (5). |
Schedule 1. | ||
In Schedule 2, paragraphs 1 and 7. | ||
1998 c.12. | Northern Ireland (Elections) Act 1998. | The whole Act. |
1998 c.32. | Police (Northern Ireland) Act 1998. | Section 1(2). |
Section 18(4). | ||
1998 c.47. | Northern Ireland Act 1998. | In Schedule 13, paragraph 18. |
1998 c.48. | Registration of Political Parties Act 1998. | In section 2(2)(e) the word “New”. |
S.I. 1998/749 (N.I.4). | Financial Provisions (Northern Ireland) Order 1998. | Article 7. |