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Northern Ireland (Executive Formation And Organ And Tissue Donation) Act 2023

Commentary on provisions of Act

Section 1: Executive formation

  1. By making amendments to section 1 of the Northern Ireland (Executive Formation etc) Act 2022, these sections amend the effect of section 16A of the Northern Ireland Act 1998 during the period following the 5 May 2022 elections. The legislation will extend the period for filling Ministerial offices which follows from the elections that took place on 5 May 2022 for a further 52 week period to apply retrospectively (so that it applies from 19 January 2023 until 18 January 2024). The legislation will also provide a discretionary power for the Secretary of State to propose a date for a poll at any time within the extended period for Executive formation.

Section 2: Organ and tissue donation

  1. Section 2 temporarily amends the procedure for making regulations under section 3(9A) of the Human Tissue Act 2004, as amended by the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022, defining "permitted material" for the purpose of transplantation in Northern Ireland. This would allow regulations to be made regarding rules for organ donation in the absence of a Presiding Officer and deputies in the Northern Ireland Assembly.

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