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Northern Ireland (Miscellaneous Provisions) Bill


Northern Ireland (Miscellaneous Provisions) Bill
Schedule 1 — Modifications of 2000 Act

21

 

Schedules

Schedule 1

Section 14

 

Modifications of 2000 Act

Duty of Commission to verify donation reports and not to disclose their contents

1          

After section 71C of the 2000 Act (as inserted by section 12) insert—

5

“71D    

Duty to verify donation reports

(1)   

The Commission must take such steps as are prescribed for the

purpose of verifying the information given in Northern Ireland

reports.

(2)   

“Northern Ireland report” means a report to the Commission

10

which—

(a)   

is prepared by a Northern Ireland recipient, and

(b)   

contains, or purports to contain, information required to be

given by Schedule 6 or 7.

71E     

Duty not to disclose contents of donation reports

15

(1)   

A person who is or has been a member or employee of the

Commission must not disclose any information which—

(a)   

relates to a donation received by a Northern Ireland recipient,

and

(b)   

has been obtained by the Commission in the exercise of their

20

functions under this Part,

   

except in the following cases.

(2)   

Such information may be disclosed, for the purpose of verifying

information given in a Northern Ireland report,—

(a)   

to a member or employee of the Commission, or

25

(b)   

to such bodies as may be prescribed.

(3)   

Such information may be disclosed for the purposes of any criminal

or civil proceedings.

(4)   

Such information may be disclosed in accordance with any

prescribed requirements if it relates to a donation which the

30

Commission believe, on reasonable grounds, was a donation

required to be dealt with in accordance with section 56(2) (donations

from impermissible and unidentifiable donors).

(5)   

A person who contravenes subsection (1) is guilty of an offence.”

2          

In Schedule 20 to the 2000 Act (penalties), after the entry relating to section

35

 

 

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 2 — Department with policing and justice functions

22

 

68(5) insert—

 

“Section 71E(5) (disclosing

On summary conviction in

 
 

Northern Ireland donation

England and Wales: statutory

 
 

reports)

maximum or 51 weeks

 
  

On summary conviction

 

5

  

elsewhere: statutory maximum or

 
  

6 months”

 

No rights to inspect etc. register so far as it relates to donations to Northern Ireland recipients

3          

In section 149 of the 2000 Act (inspection of Commission’s registers etc.),

after subsection (7) insert—

10

“(8)   

Subsections (2) to (4) do not apply to so much of the register

maintained under section 69 as concerns donations to a Northern

Ireland recipient.

(9)   

“Northern Ireland recipient” has the same meaning as in Chapter 6

of Part 4.”

15

Schedule 2

Section 16

 

Department with policing and justice functions

           

The Schedule inserted after Schedule 4 to the 1998 Act is as follows—

“Schedule 4A

Section 21A

 

Department with policing and justice functions

20

Part 1

Department in the charge of two Ministers

Introduction

1     (1)  

This Part of this Schedule has effect in relation to a Northern

Ireland department—

25

(a)   

the functions of which consist wholly or mainly of

devolved policing and justice functions; and

(b)   

in relation to which an Act of the Assembly provides, by

virtue of section 21A(3), for it to be in the charge of two

Northern Ireland Ministers acting jointly (the “relevant

30

Ministers”).

      (2)  

In this paragraph “devolved policing and justice function” has the

same meaning as in section 21A (see subsections (6) and (7) of that

section).

 

 

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 2 — Department with policing and justice functions

23

 

Modifications of section 17

2     (1)  

Section 17 (Ministerial offices) has effect subject to the following

modifications.

      (2)  

Subsection (3) has effect subject to the provision of the Act of the

Assembly referred to in paragraph 1(1)(b).

5

      (3)  

The Ministerial offices held by the relevant Ministers (the

“relevant Ministerial offices”) are to count as a single Ministerial

office for the purposes of subsection (4).

Section 18 not to apply to relevant Ministers

3     (1)  

Section 18 (Northern Ireland Ministers) shall not apply in relation

10

to—

(a)   

the relevant Ministers; or

(b)   

the relevant Ministerial offices,

           

and paragraph 4 shall apply instead.

      (2)  

But the references to Ministerial offices in—

15

(a)   

subsection (1)(c) and (d) of section 18; and

(b)   

subsection (5) of that section (in the definition of M),

           

shall be taken to include the relevant Ministerial offices.

Provisions relating to relevant Ministers

4     (1)  

Where any of the conditions in paragraphs (a) to (e) of section

20

18(1) is satisfied—

(a)   

the relevant Ministers shall (if holding office at the time)

cease to hold office; and

(b)   

the relevant Ministerial offices shall be filled by applying

sub-paragraphs (3) to (6) within a period specified in

25

standing orders.

      (2)  

The relevant Ministerial offices shall be filled by applying sub-

paragraphs (3) to (6) before section 18(2) to (6) is applied in

relation to the other Ministerial offices.

      (3)  

The First Minister and the deputy First Minister acting jointly shall

30

nominate two members of the Assembly to hold the relevant

Ministerial offices.

      (4)  

The nomination shall not take effect unless it is approved by a

resolution of the Assembly passed with the support of—

(a)   

a majority of the members voting on the motion for the

35

resolution;

(b)   

a majority of the designated Nationalists voting; and

(c)   

a majority of the designated Unionists voting.

      (5)  

If—

(a)   

the nomination does not take effect within a period

40

specified in standing orders; or

(b)   

the nominated persons do not take up the offices for which

they have been nominated within that period,

 

 

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 2 — Department with policing and justice functions

24

 

           

a further nomination of two members of the Assembly shall be

made under sub-paragraph (3).

      (6)  

Sub-paragraphs (3) to (5) shall be applied as many times as may be

necessary to secure that the relevant Ministerial offices are filled.

      (7)  

The holding of office as First Minister or deputy First Minister

5

shall not prevent a person being nominated to hold a relevant

Ministerial office.

      (8)  

The relevant Ministers—

(a)   

shall not take up office until each of them has affirmed the

terms of the pledge of office; and

10

(b)   

must take up office at the same time as each other.

      (9)  

A relevant Minister shall cease to hold office if—

(a)   

he resigns by notice in writing to the First Minister and the

deputy First Minister;

(b)   

he ceases to be a member of the Assembly otherwise than

15

by virtue of a dissolution; or

(c)   

he is dismissed by the First Minister and the deputy First

Minister acting jointly and the Presiding Officer is notified

of his dismissal.

     (10)  

If either of the relevant Ministers ceases to hold office at any time,

20

otherwise than by virtue of sub-paragraph (1)—

(a)   

the other shall also cease to hold office at that time; and

(b)   

the relevant Ministerial offices shall be filled by applying

sub-paragraphs (3) to (6) within a period specified in

standing orders.

25

     (11)  

Where—

(a)   

the Assembly has resolved under section 30(2) that a

political party does not enjoy its confidence; and

(b)   

the party’s period of exclusion under that provision has

not come to an end,

30

           

no member of that party may be nominated under sub-paragraph

(3).

     (12)  

Where—

(a)   

the Secretary of State has given a direction under section

30A(5) in respect of a political party; and

35

(b)   

the party’s period of exclusion under that provision has

not come to an end,

           

no member of that party may be nominated under sub-paragraph

(3).

     (13)  

In this paragraph, a reference to a period of exclusion under any

40

provision is, in the case of a period of exclusion under that

provision which has been extended, a reference to that period as

extended.

 

 

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 2 — Department with policing and justice functions

25

 

Part 2

Department with rotation between Minister and junior Minister

Introduction

5     (1)  

This Part of this Schedule has effect in relation to a Northern

Ireland department—

5

(a)   

the functions of which consist wholly or mainly of

devolved policing and justice functions; and

(b)   

in relation to which an Act of the Assembly provides, by

virtue of section 21A(4)—

(i)   

for it to be in the charge of a Northern Ireland

10

Minister (the “relevant Minister”) who is

supported by a junior Minister (the “relevant junior

Minister”); and

(ii)   

for the persons holding those offices to rotate at

intervals determined by or under the Act.

15

      (2)  

In this paragraph “devolved policing and justice function” has the

same meaning as in section 21A (see subsections (6) and (7) of that

section).

Section 18 not to apply to relevant Minister

6     (1)  

Section 18 (Northern Ireland Ministers) shall not apply in relation

20

to—

(a)   

the relevant Minister; or

(b)   

the Ministerial office held by the relevant Minister (the

“relevant Ministerial office”),

           

and paragraph 8 shall apply instead.

25

      (2)  

But the references to Ministerial offices in—

(a)   

subsection (1)(c) and (d) of section 18; and

(b)   

subsection (5) of that section (in the definition of M),

           

shall be taken to include the relevant Ministerial office.

      (3)  

And the junior Ministerial office held by the relevant junior

30

Minister (the “relevant junior Ministerial office”) shall be taken to

be a Ministerial office for the purposes of subsection (5) of that

section.

Certain provisions of section 19 not to apply to relevant junior Minister

7     (1)  

The provisions of section 19 (junior Ministers) specified in sub-

35

paragraph (2) shall not apply in relation to—

(a)   

the relevant junior Minister; or

(b)   

the relevant junior Ministerial office,

           

and paragraph 8 shall apply instead.

      (2)  

Those provisions are—

40

(a)   

so much of subsection (1)(a) as relates to the procedures for

the appointment of persons as junior Ministers;

 

 

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 2 — Department with policing and justice functions

26

 

(b)   

subsection (2) (so that, in particular, the relevant junior

Ministerial office shall not count for the purposes of any

formulae or other rules mentioned in that subsection);

(c)   

subsection (3); and

(d)   

subsection (5).

5

Provisions relating to relevant Minister and relevant junior Minister

8     (1)  

Where any of the conditions in paragraphs (a) to (e) of section

18(1) is satisfied—

(a)   

the relevant Minister and the relevant junior Minister shall

(if holding office at the time) cease to hold office; and

10

(b)   

the relevant Ministerial office and the relevant junior

Ministerial office shall be filled by applying sub-

paragraphs (3) to (6) within a period specified in standing

orders.

      (2)  

The relevant Ministerial office and the relevant junior Ministerial

15

office shall be filled by applying sub-paragraphs (3) to (6)—

(a)   

before section 18(2) to (6) is applied in relation to the other

Ministerial offices; and

(b)   

before the procedures specified in any determination

under section 19 are applied in relation to the other junior

20

Ministerial offices.

      (3)  

The First Minister and the deputy First Minister acting jointly shall

nominate—

(a)   

a member of the Assembly to hold the relevant Ministerial

office; and

25

(b)   

a member of the Assembly to hold the relevant junior

Ministerial office.

      (4)  

The nomination shall not take effect unless it is approved by a

resolution of the Assembly passed with the support of—

(a)   

a majority of the members voting on the motion for the

30

resolution;

(b)   

a majority of the designated Nationalists voting; and

(c)   

a majority of the designated Unionists voting.

      (5)  

If—

(a)   

the nomination does not take effect within a period

35

specified in standing orders; or

(b)   

the nominated persons do not take up the offices for which

they have been nominated within that period,

           

a further nomination of two members of the Assembly shall be

made under sub-paragraph (3).

40

      (6)  

Sub-paragraphs (3) to (5) shall be applied as many times as may be

necessary to secure that the relevant Ministerial office and the

relevant junior Ministerial office are filled.

      (7)  

The holding of office as First Minister or deputy First Minister

shall not prevent a person being nominated to hold—

45

(a)   

the relevant Ministerial office; or

 

 

Northern Ireland (Miscellaneous Provisions) Bill
Schedule 2 — Department with policing and justice functions

27

 

(b)   

the relevant junior Ministerial office.

      (8)  

The relevant Minister and the relevant junior Minister—

(a)   

shall not take up office until each of them has affirmed the

terms of the pledge of office; and

(b)   

must take up office at the same time as each other.

5

      (9)  

The relevant Minister or the relevant junior Minister shall cease to

hold office if—

(a)   

he resigns by notice in writing to the First Minister and the

deputy First Minister;

(b)   

he ceases to be a member of the Assembly otherwise than

10

by virtue of a dissolution; or

(c)   

he is dismissed by the First Minister and the deputy First

Minister acting jointly and the Presiding Officer is notified

of his dismissal.

     (10)  

Sub-paragraph (11) applies if the relevant Minister or the relevant

15

junior Minister ceases to hold office at any time, otherwise than—

(a)   

by virtue of sub-paragraph (1); or

(b)   

by virtue of the rotation of the persons holding those

offices in accordance with provision referred to in

paragraph 5(1)(b)(ii).

20

     (11)  

Where this sub-paragraph applies—

(a)   

the other shall also cease to hold office at that time; and

(b)   

the relevant Ministerial office and the relevant junior

Ministerial office shall be filled by applying sub-

paragraphs (3) to (6) within a period specified in standing

25

orders.

     (12)  

Where—

(a)   

the Assembly has resolved under section 30(2) that a

political party does not enjoy its confidence; and

(b)   

the party’s period of exclusion under that provision has

30

not come to an end,

           

no member of that party may be nominated under sub-paragraph

(3).

     (13)  

Where—

(a)   

the Secretary of State has given a direction under section

35

30A(5) in respect of a political party; and

(b)   

the party’s period of exclusion under that provision has

not come to an end,

           

no member of that party may be nominated under sub-paragraph

(3).

40

     (14)  

In this paragraph, a reference to a period of exclusion under any

provision is, in the case of a period of exclusion under that

provision which has been extended, a reference to that period as

extended.

 

 

 
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