Northern Ireland Assembly (Elections and Periods of Suspension) Act 2003

6 Modification of enactments

(1) The Secretary of State may by order made by statutory instrument make such modifications of enactments as appear to him to be necessary or expedient in consequence of, or in connection with, any provision made by, or under, this Act.

(2) An order under subsection (1) may, in particular, make provision modifying any duty of the Chief Electoral Officer for Northern Ireland whereby (apart from the order) he must perform any function or discharge any duty on or by reference to any particular date.

(3) An order under subsection (1) may also make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient.

(4) In subsection (1), “enactment” includes—

(a) a provision of an Act (including this Act),

(b) a provision of, or any instrument made under, Northern Ireland legislation,

(c) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

(5) An order under subsection (1) may not be made unless a draft of the order has been approved by a resolution of each House of Parliament.

(6) Subsection (5) does not apply to an order under subsection (1) if the order declares that the Secretary of State considers it to be expedient for the order to be made without the approval mentioned in that subsection.

(7) An order containing a declaration under subsection (6)—

(a) must be laid before Parliament after being made, and

(b) ceases to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it is made.

(8) Subsection (7)(b) does not prejudice—

(a) anything done as a result of the order before it ceased to have effect, or

(b) the making of a new order.

(9) In calculating the period of 40 days mentioned in subsection (7)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.