Northern Ireland Bill

Northern Ireland Bill - continued	House of Commons

back to previous text


	PART IV
	THE NORTHERN IRELAND ASSEMBLY
	Elections etc.
Dates of elections and dissolutions.	24. - (1) Subject to subsection (2), the date of the poll for the election of each Assembly shall be the first Thursday in May in the fourth calendar year following that in which its predecessor was elected; and the predecessor shall be dissolved at the beginning of the minimum period which ends with that date.
	(2) The date of the poll for the election of the Assembly next following the Assembly elected under section 2 of the Northern Ireland (Elections) Act 1998 shall be 1st May 2003; and the Assembly elected under that section shall be dissolved at the beginning of the minimum period which ends with that date.
	(3) The Secretary of State may at any time by order direct that the date of the poll for the election of the next Assembly shall, instead of being that specified in subsection (1) or (2), be a date specified in the order being a date falling not more than two months before or after the date specified in that subsection.
	(4) If at any time it appears to Her Majesty-
	(a) that the persons who are the First Minister, the deputy First Minister and the Northern Ireland Ministers are not able to carry out their functions;
	(b) that, if they were to resign, the persons who would be likely to succeed them would not be able to carry out their functions; and
	(c) that it is in the public interest that the Assembly should be dissolved,
	Her Majesty, after taking into account any vote of the Assembly which appears to Her Majesty to be relevant, may by Order in Council direct that the date of the poll for the election of the next Assembly, instead of being determined in accordance with the foregoing provisions of this section, shall be such earlier date as may be specified in the Order.
	(5) No recommendation shall be made to Her Majesty to make an Order under subsection (4) unless a draft of it has been laid before and approved by resolution of each House of Parliament.
	(6) In this section "minimum period" means a period determined in accordance with an order of the Secretary of State.
Constituencies and numbers of members.	25. - (1) The members of the Assembly shall be returned for the parliamentary constituencies in Northern Ireland.
	(2) Each constituency shall return six members.
	(3) An Order in Council under the Parliamentary Constituencies Act 1986 changing a parliamentary constituency in Northern Ireland shall have effect for the purposes of this Act in relation to-
	(a) the first election under section 24 which takes place after the Order comes into force; and
	(b) later elections under that section and by-elections.
Elections and franchise.	26. - (1) This section applies to elections of members of the Assembly, including by-elections.
	(2) Each vote in the poll at an election shall be a single transferable vote.
	(3) A single transferable vote is a vote-
	(a) capable of being given so as to indicate the voter's order of preference for the candidates for election as members for the constituency; and
	(b) capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.
	(4) The Secretary of State may by order make provision about elections or any matter relating to them.
	(5) In particular, an order under subsection (4) may make-
	(a) provision as to the persons entitled to vote at an election and the registration of such persons;
	(b) provision for securing that no person stands as a candidate for more than one constituency at a general election;
	(c) provision for determining the date of the poll at a by-election;
	(d) provision about deposits.
	(6) An order under subsection (4) may apply (with or without modifications) any provision of, or made under, any enactment.
Vacancies.	27. - (1) The Secretary of State may by order make provision for the filling of vacancies occurring in the Assembly's membership.
	(2) Such provision may be made by reference to by-elections or substitutes or such other method of filling vacancies as the Secretary of State thinks fit.
	(3) If a seat becomes vacant, the Presiding Officer shall as soon as reasonably practicable inform the Chief Electoral Officer for Northern Ireland.
	(4) An order under subsection (1) may apply (with or without modifications) any provision of, or made under, any enactment.
	Disqualification
Disqualification.	28. - (1) The Northern Ireland Assembly Disqualification Act 1975 shall have effect as if any reference to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 were a reference to the Assembly.
	(2) No recommendation shall be made to Her Majesty to make an Order in Council under section 3(1) of the Northern Ireland Assembly Disqualification Act 1975 (power to amend Schedule 1) without the consent of the Secretary of State.
	(3) A person who is Her Majesty's Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland is disqualified for membership of the Assembly for a constituency comprising the whole or part of the county or county borough.
	(4) A person is disqualified for membership of the Assembly if he is disqualified for membership of the House of Commons otherwise than under the House of Commons Disqualification Act 1975.
	(5) A person is not disqualified for membership of the Assembly by virtue of subsection (1) by reason only that he is a member of the Seanad Eireann (Senate of Ireland).
	(6) A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is a peer (other than a Lord of Appeal in Ordinary).
	(7) A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is disqualified under section 3 of the Act of Settlement (certain persons born out of the Kingdom) if he is a citizen of the European Union.
Effect of disqualification and provision for relief.	29. - (1) Subject to any order made by the Assembly under this section-
	(a) if any person disqualified by virtue of section 28 is returned as a member of the Assembly, his return shall be void; and
	(b) if any person being a member of the Assembly becomes disqualified by virtue of that section, his seat shall be vacated.
	(2) If, in a case which falls or is alleged to fall within subsection (1) otherwise than by virtue of section 28(4), it appears to the Assembly-
	(a) that the grounds of disqualification or alleged disqualification which subsisted or arose at the material time have been removed; and
	(b) that it is otherwise proper so to do,
	the Assembly may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section.
	(3) No order under subsection (2) shall affect the proceedings on any election petition or any determination of an election court.
Disqualification: judicial proceedings.	30. - (1) Any person who claims that a person purporting to be a member of the Assembly-
	(a) is disqualified; or
	(b) was disqualified when, or at any time since, he was returned,
	may apply to the High Court of Justice in Northern Ireland for a declaration to that effect.
	(2) On an application-
	(a) the person in respect of whom the application is made shall be the respondent;
	(b) the applicant shall give such security for costs, not exceeding £5,000, as the court may direct; and
	(c) the decision of the court shall be final.
	(3) A declaration made in accordance with this section shall be certified in writing to the Secretary of State by the court.
	(4) No such declaration shall be made in respect of a person on any grounds if an order has been made by the Assembly under subsection (2) of section 29 directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.
	(5) No declaration shall be made in respect of any person on grounds which subsisted when he was elected if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue.
	(6) The Secretary of State may by order substitute for the amount specified in subsection (2)(b) such other amount as may be specified in the order.
	Presiding Officer and Commission
Presiding Officer.	31. - (1) Each Assembly shall as its first business elect from among its members a Presiding Officer and deputies.
	(2) A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless-
	(a) he previously resigns;
	(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
	(c) he is removed from office by resolution of the Assembly.
	(3) If the Presiding Officer or a deputy ceases to hold office before the Assembly is dissolved, the Assembly shall elect another from among its members to fill his place.
	(4) The Presiding Officer's functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.
	(5) The Presiding Officer may (subject to standing orders) authorise a deputy to exercise functions on his behalf.
	(6) Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Assembly.
	(7) A person shall not be elected under subsection (1) or (3), or removed from office by resolution of the Assembly, without cross-community support.

Prepared 15 July 1998