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Make provision for preparations for the restoration of devolved government |
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in Northern Ireland and for the selection of persons to be Ministers on such |
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restoration; to make provision as to the consequences of selecting or not |
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selecting such persons; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Preparations for restoration of devolved government |
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(1) | The Secretary of State may refer to the Assembly any of the following |
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(a) | the election from among its members of persons to hold the offices of |
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First Minister and deputy First Minister on the restoration of devolved |
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government in Northern Ireland, |
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(b) | the making of nominations from among its members of persons to hold |
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office as Northern Ireland Ministers on such restoration, and |
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(c) | such other matters as the Secretary of State thinks fit. |
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(2) | Schedule 1 contains provision about the Assembly. |
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(3) | Nothing in this Act affects the operation of section 1 of the 2000 Act |
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(suspension of devolved government). |
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(4) | But subsection (3) is subject to section 2(7) and paragraphs 2 and 3 of Schedule |
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2 | Selection of persons to be Ministers on restoration of devolved government |
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(1) | Schedule 2 shall have effect if (and only if) the Secretary of State— |
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(a) | is satisfied that each of the following conditions is met, and |
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(b) | being so satisfied, notifies the presiding officer or any deputy presiding |
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officer of the Assembly, before 25th November 2006, that he intends to |
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make a restoration order in accordance with Schedule 2 on the date |
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specified in the notification. |
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(2) | Condition 1 is that the Assembly has elected from among its members— |
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(a) | a person to hold the office of First Minister, and |
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(b) | a person to hold the office of deputy First Minister, |
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| on the coming into force of a restoration order. |
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(3) | Condition 2 is that persons have been nominated from among the members of |
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the Assembly to hold each of the Ministerial offices on the coming into force of |
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(4) | Condition 3 is that each of the persons elected or nominated under this section |
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has affirmed the terms of the pledge of office in respect of the office for which |
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he has been elected or nominated. |
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(5) | Schedule 3 shall have effect if (and only if) the Secretary of State does not give |
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the notification mentioned in subsection (1) before 25th November 2006. |
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(6) | In this section “the Ministerial offices” means the Ministerial offices provided |
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for by the determination under section 17(1) of the 1998 Act (Northern Ireland |
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Ministers) having effect immediately before the most recent suspension of the |
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Northern Ireland Assembly by virtue of section 1 of the 2000 Act. |
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(7) | The following provisions of the 2000 Act are subject to this section— |
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(b) | paragraph 5 of the Schedule. |
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3 | Power to make consequential provision etc |
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(1) | The Secretary of State may by order made by statutory instrument make— |
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(a) | any supplementary, incidental or consequential provision, and |
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(b) | any transitional or saving provision, |
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| that he considers necessary or expedient for the purposes of, in consequence of, |
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or for giving full effect to, any provision of this Act. |
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(2) | An order under this section may in particular— |
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(a) | make different provision for different cases or purposes; |
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(b) | amend, repeal or revoke any enactment passed or made on or before |
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(3) | In this section “enactment” includes— |
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(a) | any of sub-paragraphs (2) to (9) of paragraph 3 of Schedule 2, |
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(b) | any provision of, or of any instrument made under, Northern Ireland |
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(c) | any provision of subordinate legislation (within the meaning of the |
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Interpretation Act 1978 (c. 30)). |
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4 | Parliamentary procedure for orders under section 3 |
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(1) | Subsections (3) to (7) have effect in the case of a statutory instrument which |
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contains (alone or with other provisions) an order under section 3 which |
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amends or repeals any provision of— |
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(b) | Northern Ireland legislation. |
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(2) | Any other statutory instrument containing an order under that section shall be |
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subject to annulment in pursuance of a resolution of either House of |
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(3) | A statutory instrument of a description mentioned in subsection (1) may not be |
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made unless a draft of the instrument has been laid before and approved by a |
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resolution of each House of Parliament. |
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(4) | But subsection (3) does not apply if the order declares that the Secretary of State |
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considers it expedient for the order to be made without that approval. |
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(5) | An order containing a declaration under subsection (4)— |
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(a) | must be laid before Parliament after being made, and |
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(b) | ceases to have effect if it is not approved by a resolution of each House |
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of Parliament before the end of the period of 40 days beginning with the |
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date on which it is made. |
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(6) | Subsection (5)(b) does not prejudice— |
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(a) | anything done as a result of the order before it ceased to have effect, or |
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(b) | the making of a new order. |
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(7) | In calculating the period of 40 days mentioned in subsection (5)(b), no account |
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is to be taken of any time during which Parliament is dissolved or prorogued |
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or during which both Houses are adjourned for more than four days. |
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“the 1998 Act” means the Northern Ireland Act 1998 (c. 47); |
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“the 2000 Act” means the Northern Ireland Act 2000 (c. 1); |
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“the Assembly” has the meaning given by paragraph 1 of Schedule 1; |
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“First Minister”, “deputy First Minister” and “Northern Ireland Minister” |
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have the same meaning as in the 1998 Act; |
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“the pledge of office” has the meaning given by section 16(10) of the |
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“restoration order” means a restoration order under section 2(2) of the |
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2000 Act (order restoring devolved government). |
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This Act may be cited as the Northern Ireland Act 2006. |
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1 | There is to be an Assembly (referred to in this Act as “the Assembly”)— |
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(a) | whose members at any time are to be the persons who are at that time |
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members of the Northern Ireland Assembly, and |
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(b) | whose purpose is to take part in preparations for the restoration of |
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devolved government in Northern Ireland. |
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2 | Meetings are to be held at such times and places as the Secretary of State |
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3 (1) | The Secretary of State may— |
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(a) | appoint a presiding officer and no more than three deputy presiding |
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(b) | authorise the Assembly to elect a presiding officer and no more than |
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three deputy presiding officers in such manner as the Secretary of |
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(2) | The Secretary of State may if he thinks fit exercise his powers under sub- |
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paragraph (1)(b) after exercising his powers under sub-paragraph (1)(a) (so |
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that an elected presiding officer and elected deputy presiding officers |
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replace those appointed by him). |
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(3) | The Secretary of State may appoint a person, or authorise the Assembly to |
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(a) | to fill any vacancy in the office of presiding officer or deputy |
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(b) | to replace a presiding officer or deputy presiding officer who, in the |
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opinion of the Secretary of State, is unable, unfit or unwilling to |
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perform his functions (whether because of illness or otherwise). |
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4 (1) | Proceedings are to be conducted in accordance with directions determined |
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by the Secretary of State from time to time and notified to the presiding |
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officer or any deputy presiding officer. |
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(2) | The provision that may be made by the directions includes provision which |
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corresponds, or is similar, to any provision of standing orders made (or |
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treated as made) under section 41 of the 1998 Act. |
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(3) | The provision that may be made by the directions for the purposes of the |
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election referred to in section 1(1)(a) of this Act includes provision which |
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corresponds, or is similar, to any provision of section 16 of the 1998 Act. |
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(4) | The provision that may be made by the directions for the purposes of the |
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nominations referred to in section 1(1)(b) of this Act includes provision |
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which corresponds, or is similar, to any provision of section 18 of the |
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(5) | Sub-paragraphs (2) to (4) do not affect the generality of sub-paragraph (1). |
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5 (1) | The Secretary of State must secure the provision of the services of such staff, |
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the use of such premises and such other facilities as he thinks appropriate. |
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(2) | Expenditure incurred by the Secretary of State by virtue of this paragraph is |
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to be paid out of the Consolidated Fund of Northern Ireland. |
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6 | A written or oral statement made by a member in or for the purposes of the |
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Assembly is to be privileged from action for defamation unless it is proved |
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to have been made with malice. |
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1 (1) | This Schedule has effect in accordance with section 2(1). |
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(2) | In this Schedule “the effective date” means the date on which the restoration |
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order made by virtue of paragraph 2 comes into force. |
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Making of restoration order |
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2 (1) | The Secretary of State must make a restoration order on the date specified in |
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the notification under section 2(1). |
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(2) | The restoration order must come into force on the day following the day on |
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(3) | Subsections (2) to (7) of section 3 of the 2000 Act do not apply in relation to |
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the restoration order (and, accordingly, no person who immediately before |
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the most recent suspension held an office mentioned in any of those |
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subsections shall resume that office on the effective date). |
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(4) | On the effective date— |
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(a) | the person elected under section 2 of this Act to hold office as First |
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Minister shall become the First Minister, |
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(b) | the person elected under that section to hold office as deputy First |
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Minister shall become the deputy First Minister, and |
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(c) | each person nominated under that section to hold office as a |
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Northern Ireland Minister shall become the Northern Ireland |
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| (and sections 16(1) and 18(1) of the 1998 Act do not apply). |
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(5) | The affirmation of the terms of the pledge of office under section 2 of this Act |
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by a person to whom sub-paragraph (4) applies shall be deemed to have |
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been made under the 1998 Act on the effective date. |
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(6) | The person who is presiding officer of the Assembly immediately before the |
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effective date shall be deemed to have been elected as Presiding Officer of |
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the Northern Ireland Assembly under section 39(1) of the 1998 Act on that |
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(7) | Each person who is a deputy presiding officer of the Assembly immediately |
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before the effective date shall be deemed to have been elected as a deputy |
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Presiding Officer of the Northern Ireland Assembly under section 39(1) of |
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the 1998 Act on that date. |
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(8) | The provision that may be made by the restoration order by virtue of section |
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7(2) of the 2000 Act includes provision— |
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(a) | for treating things done under or by virtue of this Act as having been |
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done under or by virtue of the 1998 Act; |
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(b) | for treating things done by or in relation to the Assembly (or |
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members of that Assembly) as having been done by or in relation to |
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the Northern Ireland Assembly (or members of that Assembly). |
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(9) | The following provisions of the 2000 Act do not apply in relation to the |
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(a) | section 2(3) (taking account of review under Validation, |
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Implementation and Review section of Belfast Agreement), and |
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(b) | section 7(4) to (7) (affirmative resolution etc procedure). |
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(10) | In this paragraph “the most recent suspension” means the most recent |
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suspension of the Northern Ireland Assembly by virtue of section 1 of the |
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Repeal of the 2000 Act on day after restoration order comes into force |
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3 (1) | The 2000 Act shall be repealed on the day following the effective date. |
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(2) | The Northern Ireland Assembly may not make a determination under |
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section 47 of the 1998 Act in respect of any period of suspension. |
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(3) | No instrument made during any period of suspension shall be liable to |
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annulment or capable of being revoked in pursuance of a resolution, motion |
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or address of the Northern Ireland Assembly. |
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(4) | Neither a restoration order nor the repeal of paragraph 1(1) of the Schedule |
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to the 2000 Act shall affect the operation of any Order in Council made |
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before the effective date under paragraph 1(1) of that Schedule. |
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(5) | References to Acts of the Northern Ireland Assembly in any enactment or |
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instrument (whether passed or made before or after the coming into force of |
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section 1 of the 2000 Act) are to be read, so far as the context permits, as |
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including references to Orders in Council made under paragraph 1(1) of the |
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(6) | The repeal of section 6 of the 2000 Act by virtue of this paragraph shall not |
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affect the operation of any order previously made under that section. |
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(7) | The repeal of section 7 of the 2000 Act by virtue of this paragraph shall not |
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affect the operation of any provision of a restoration order previously made |
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by virtue of subsection (2) of that section. |
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(8) | The repeal of paragraph 9 of the Schedule to the 2000 Act by virtue of this |
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paragraph shall not affect the operation of any determination or provision |
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previously made by virtue of that paragraph. |
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(9) | Subsection (4) of section 44 of the 1998 Act shall continue to include, at the |
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end of that subsection, the words “or during a period when section 1 of the |
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Northern Ireland Act 2000 was in force” (notwithstanding the repeal of |
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section 9(3) of the 2000 Act by virtue of this paragraph). |
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“instrument” includes a charter, contract or other document; |
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“period of suspension” means a period when section 1 of the 2000 Act |
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(11) | Sub-paragraphs (2) to (9) are not to be taken as limiting the provision that |
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may be made by an order under section 3 of this Act. |
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Postponement of next Northern Ireland Assembly election to May 2008 |
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4 (1) | In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections |
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and dissolutions), for subsection (2) substitute— |
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“(2) | In relation to the poll for the election of the Assembly next following |
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the Assembly elected at the poll on 26th November 2003, subsection |
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(1) is to have effect as if for “fourth calendar year” there were |
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substituted “fifth calendar year”.” |
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(2) | In section 96 of the 1998 Act— |
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(a) | in subsection (2), “31(2),” shall be repealed; |
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(b) | subsections (2A) to (2D) shall be repealed. |
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(3) | The amendments made by this paragraph shall have effect on and after the |
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Repeal of section 1(1) and (2) and Schedules 1 and 3 |
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5 | The following provisions of this Act shall be repealed on the effective date— |
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(a) | section 1(1) and (2), |
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