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(5) A copy of the document containing the direction shall be laid before | |
Parliament after the direction is given. | |
(6) If the direction is not approved by each House of Parliament before the | |
end of the period of 40 days beginning with the date of the direction, it | |
shall cease to have effect at the end of that period if it has not already | 5 |
ceased to have effect under subsection (7). | |
(7) If on any day during that period of 40 days either House of Parliament, | |
in proceedings on a motion that (or to the effect that) the direction be | |
approved, comes to a decision rejecting the direction, the direction shall | |
cease to have effect at the end of that day. | 10 |
(8) In calculating a period of 40 days for purposes of subsections (6) and | |
(7), no account is to be taken of any time during which— | |
(a) Parliament is dissolved or prorogued; or | |
(b) both Houses are adjourned for more than four days. | |
(9) If the document, or a draft of the document, containing a direction | 15 |
under section 30A, 47B or 51B would, apart from this subsection, be | |
treated for the purposes of the Standing Orders of either House of | |
Parliament as a hybrid instrument, it shall proceed in that House as if | |
it were not such an instrument. | |
(10) Schedule 12A (effect of application of subsection (6) or (7)) shall have | 20 |
effect. | |
(11) The Documentary Evidence Act 1868 shall apply to a direction given by | |
the Secretary of State under section 30A, 47B or 51B as it applies to an | |
order made by him.” | |
(2) In section 18 of that Act (which provides for the filling of Ministerial offices), | 25 |
after subsection (12A) there is inserted— | |
“(12B) Where a direction under section 30A(5) ceases to have effect under | |
section 95A(6) or (7), its so ceasing to have effect shall for the purposes | |
of subsection (1)(da) be taken not to involve the coming to an end of a | |
period of exclusion under section 30A(5).” | 30 |
(3) After Schedule 12 to that Act there is inserted— | |
“Schedule 12A | |
Section 95A | |
Effect of application of section 95A(6) or (7) | |
Directions under section 30A(5): Northern Ireland Ministers and junior Ministers | |
1 (1) Paragraphs 2 to 4 apply where a direction under section 30A(5) | 35 |
ceases to have effect under section 95A(6) or (7). | |
(2) In those paragraphs “the relevant time” means the time when the | |
direction so ceases to have effect. | |
2 (1) A person who holds office as a Northern Ireland Minister or junior | |
Minister immediately before the relevant time shall cease at the | 40 |
relevant time to hold that office if another person— | |
(a) held that office immediately before the direction was given, | |
but | |
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(b) ceased to hold it by reason of his being excluded by the | |
direction. | |
(2) That other person shall fill the vacancy if he remains eligible to hold | |
that office. | |
3 If— | 5 |
(a) an office of Northern Ireland Minister or junior Minister is | |
vacant immediately before the relevant time, and | |
(b) immediately before the direction was given that office was | |
held by a person who ceased to hold it by reason of his being | |
excluded by the direction, | 10 |
that person shall fill the vacancy if he remains eligible to hold that | |
office. | |
4 Section 18(10) (and section 18(11)), and any provision made under | |
section 19(3)(a) for the filling of vacancies, shall have effect subject to | |
paragraphs 2 and 3. | 15 |
Directions under section 30A(2) or (5): the First Minister and deputy First Minister | |
5 (1) Paragraphs 6 to 8 apply where a direction under section 30A(2) or (5) | |
ceases to have effect under section 95A(6) or (7). | |
(2) In those paragraphs— | |
“the relevant time” means the time when the direction so | 20 |
ceases to have effect; | |
“the relevant offices” means the office of First Minister and the | |
office of deputy First Minister. | |
6 (1) Sub-paragraphs (2) to (4) apply where— | |
(a) as respects each of the relevant offices, the person who holds | 25 |
that office immediately before the relevant time did not hold | |
it immediately before the direction was given, and | |
(b) as respects at least one of the relevant offices, the person who | |
held that office immediately before the direction was given | |
ceased to hold it by reason of his being excluded by the | 30 |
direction. | |
(2) The persons holding the relevant offices immediately before the | |
relevant time shall cease at that time to hold those offices. | |
(3) As respects each of the relevant offices, the person (if any) who held | |
that office immediately before the direction was given shall fill the | 35 |
vacancy in that office if— | |
(a) he remains eligible to hold that office, and | |
(b) the person who held the other of the relevant offices | |
immediately before the direction was given remains eligible | |
to hold it. | 40 |
(4) If the vacancies in the relevant offices are filled under sub-paragraph | |
(3), section 16(8) shall not apply by reason of the operation of sub- | |
paragraph (2). | |
7 (1) Sub-paragraphs (2) to (4) apply where— | |
(a) as respects one of the relevant offices, the person who holds | 45 |
it immediately before the relevant time held it immediately | |
before the direction was given, and | |
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(b) as respects the other of the relevant offices— | |
(i) the person who holds it immediately before the | |
relevant time did not hold it immediately before the | |
direction was given, and | |
(ii) the person who held it immediately before the | 5 |
direction was given ceased to hold it by reason of his | |
being excluded by the direction. | |
(2) The person who holds the office mentioned in sub-paragraph (1)(b) | |
immediately before the relevant time shall cease at that time to hold | |
that office. | 10 |
(3) The person who held that office immediately before the direction | |
was given shall fill the vacancy in that office if he remains eligible to | |
hold that office. | |
(4) If the vacancy in that office is filled under sub-paragraph (3), section | |
16(7) shall not apply by reason of the operation of sub-paragraph (2). | 15 |
8 (1) Sub-paragraphs (2) to (4) apply where— | |
(a) each of the relevant offices is vacant immediately before the | |
relevant time as a result of having become vacant within the | |
six weeks ending with that time, and | |
(b) as respects at least one of the relevant offices, the person who | 20 |
held it immediately before the direction was given ceased to | |
hold it by reason of his being excluded by the direction. | |
(2) As respects each of the relevant offices, the person (if any) who held | |
that office immediately before the direction was given shall fill the | |
vacancy in that office if— | 25 |
(a) he remains eligible to hold that office, and | |
(b) the person who held the other of the relevant offices | |
immediately before the direction was given remains eligible | |
to hold it. | |
(3) If the vacancies in the relevant offices are filled under sub-paragraph | 30 |
(2), no proceedings, or further proceedings, shall be taken under | |
section 16 for the purpose of filling them. | |
(4) If those vacancies are not filled under that sub-paragraph, the | |
proceedings for an election under section 16 for the purpose of filling | |
them shall be started afresh with the period of six weeks mentioned | 35 |
in section 16(8) being taken for the purposes of this Act to begin with | |
the relevant time. | |
Directions under section 47B or 51B | |
9 (1) Sub-paragraphs (2) and (3) apply where a direction under section | |
47B or 51B ceases to have effect under section 95A(6) or (7). | 40 |
(2) After the direction has so ceased to have effect, any determination— | |
(a) of the sums payable under section 47 or under the Financial | |
Assistance for Political Parties Act (Northern Ireland) 2000, | |
or | |
(b) of when any such sums become due, | 45 |
shall be made as though the direction had never had effect. | |
(3) Payment shall be made of any sums which would have been paid but | |
for the direction. | |
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General | |
10 Where a direction under section 30A, 47B or 51B ceases to have effect | |
under section 95A(6) or (7), its so ceasing to have effect does not | |
prejudice— | |
(a) anything done in reliance on the direction while it had effect; | 5 |
(b) the making of a new direction.” | |
11 Secretary of State’s duty to prepare reports | |
(1) The Secretary of State shall report on the operation of— | |
(a) the agreement mentioned in section 1(1), and | |
(b) so much of this Act as amends the Northern Ireland Act 1998 (c. 47). | 10 |
(2) The first report under this section shall be in respect of the period of twelve | |
months beginning with the passing of this Act. | |
(3) Subsequent reports under this section shall be in respect of the period of twelve | |
months beginning with the end of the previous reporting period. | |
(4) Each report under this section shall be prepared as soon as practicable after the | 15 |
end of the period to which it relates. | |
(5) A report under this section shall include any additional information which the | |
Secretary of State thinks it appropriate for the report to include. | |
(6) The Secretary of State shall— | |
(a) lay a copy of each report under this section before each House of | 20 |
Parliament, and | |
(b) publish each such report in such manner as he thinks fit. | |
12 Short title, commencement and repeals | |
(1) This Act may be cited as the Northern Ireland (Monitoring Commission etc.) | |
Act 2003. | 25 |
(2) This Act, other than this section, comes into force on such day as the Secretary | |
of State may by order made by statutory instrument appoint, and different | |
days may be so appointed for different purposes. | |
(3) Sections 1 to 3 and 11 of this Act, and sections 30A, 47B and 51B of the Northern | |
Ireland Act 1998, shall cease to have effect at the end of such day as the | 30 |
Secretary of State may by order made by statutory instrument appoint. | |
(4) An order under subsection (3) may include such consequential provision | |
(including provision amending or repealing an enactment) and such | |
transitional provision as the Secretary of State thinks fit. | |
(5) Nothing in this Act shall impose any charge on the people or on public | 35 |
funds, or vary the amount or incidence of or otherwise alter any such charge | |
in any manner, or affect the assessment, levying, administration or | |
application of any money raised by any such charge. | |
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