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Modifications of 2000 Act |
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Duty of Commission to verify donation reports and not to disclose their contents |
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1 | After section 71C of the 2000 Act (as inserted by section 12) insert— |
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“71D | Duty to verify donation reports |
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(1) | The Commission must take such steps as are prescribed for the |
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purpose of verifying the information given in Northern Ireland |
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(2) | “Northern Ireland report” means a report to the Commission |
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(a) | is prepared by a Northern Ireland recipient, and |
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(b) | contains, or purports to contain, information required to be |
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given by Schedule 6 or 7. |
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71E | Duty not to disclose contents of donation reports |
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(1) | A person who is or has been a member or employee of the |
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Commission must not disclose any information which— |
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(a) | relates to a donation received by a Northern Ireland recipient, |
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(b) | has been obtained by the Commission in the exercise of their |
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functions under this Part, |
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| except in the following cases. |
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(2) | Such information may be disclosed, for the purpose of verifying |
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information given in a Northern Ireland report,— |
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(a) | to a member or employee of the Commission, or |
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(b) | to such bodies as may be prescribed. |
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(3) | Such information may be disclosed for the purposes of any criminal |
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(4) | Such information may be disclosed in accordance with any |
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prescribed requirements if it relates to a donation which the |
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Commission believe, on reasonable grounds, was a donation |
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required to be dealt with in accordance with section 56(2) (donations |
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from impermissible and unidentifiable donors). |
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(5) | A person who contravenes subsection (1) is guilty of an offence.” |
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2 | In Schedule 20 to the 2000 Act (penalties), after the entry relating to section |
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| “Section 71E(5) (disclosing |
| | | | | Northern Ireland donation |
| England and Wales: statutory |
| | | | | | | | | | | | 5 | | | elsewhere: statutory maximum or |
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No rights to inspect etc. register so far as it relates to donations to Northern Ireland recipients |
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3 | In section 149 of the 2000 Act (inspection of Commission’s registers etc.), |
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after subsection (7) insert— |
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“(8) | Subsections (2) to (4) do not apply to so much of the register |
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maintained under section 69 as concerns donations to a Northern |
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(9) | “Northern Ireland recipient” has the same meaning as in Chapter 6 |
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Department with policing and justice functions |
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| The Schedule inserted after Schedule 4 to the 1998 Act is as follows— |
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Department with policing and justice functions |
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Department in the charge of two Ministers |
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1 (1) | This Part of this Schedule has effect in relation to a Northern |
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(a) | the functions of which consist wholly or mainly of |
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devolved policing and justice functions; and |
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(b) | in relation to which an Act of the Assembly provides, by |
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virtue of section 21A(3), for it to be in the charge of two |
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Northern Ireland Ministers acting jointly (the “relevant |
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(2) | In this paragraph “devolved policing and justice function” has the |
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same meaning as in section 21A (see subsections (6) and (7) of that |
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Modifications of section 17 |
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2 (1) | Section 17 (Ministerial offices) has effect subject to the following |
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(2) | Subsection (3) has effect subject to the provision of the Act of the |
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Assembly referred to in paragraph 1(1)(b). |
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(3) | The Ministerial offices held by the relevant Ministers (the |
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“relevant Ministerial offices”) are to count as a single Ministerial |
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office for the purposes of subsection (4). |
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Section 18 not to apply to relevant Ministers |
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3 (1) | Section 18 (Northern Ireland Ministers) shall not apply in relation |
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(a) | the relevant Ministers; or |
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(b) | the relevant Ministerial offices, |
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| and paragraph 4 shall apply instead. |
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(2) | But the references to Ministerial offices in— |
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(a) | subsection (1)(c) and (d) of section 18; and |
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(b) | subsection (5) of that section (in the definition of M), |
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| shall be taken to include the relevant Ministerial offices. |
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Provisions relating to relevant Ministers |
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4 (1) | Where any of the conditions in paragraphs (a) to (e) of section |
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(a) | the relevant Ministers shall (if holding office at the time) |
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cease to hold office; and |
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(b) | the relevant Ministerial offices shall be filled by applying |
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sub-paragraphs (3) to (6) within a period specified in |
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(2) | The relevant Ministerial offices shall be filled by applying sub- |
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paragraphs (3) to (6) before section 18(2) to (6) is applied in |
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relation to the other Ministerial offices. |
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(3) | The First Minister and the deputy First Minister acting jointly shall |
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nominate two members of the Assembly to hold the relevant |
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(4) | The nomination shall not take effect unless it is approved by a |
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resolution of the Assembly passed with the support of— |
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(a) | a majority of the members voting on the motion for the |
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(b) | a majority of the designated Nationalists voting; and |
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(c) | a majority of the designated Unionists voting. |
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(a) | the nomination does not take effect within a period |
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specified in standing orders; or |
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(b) | the nominated persons do not take up the offices for which |
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they have been nominated within that period, |
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| a further nomination of two members of the Assembly shall be |
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made under sub-paragraph (3). |
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(6) | Sub-paragraphs (3) to (5) shall be applied as many times as may be |
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necessary to secure that the relevant Ministerial offices are filled. |
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(7) | The holding of office as First Minister or deputy First Minister |
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shall not prevent a person being nominated to hold a relevant |
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(8) | The relevant Ministers— |
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(a) | shall not take up office until each of them has affirmed the |
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terms of the pledge of office; and |
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(b) | must take up office at the same time as each other. |
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(9) | A relevant Minister shall cease to hold office if— |
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(a) | he resigns by notice in writing to the First Minister and the |
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(b) | he ceases to be a member of the Assembly otherwise than |
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by virtue of a dissolution; or |
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(c) | he is dismissed by the First Minister and the deputy First |
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Minister acting jointly and the Presiding Officer is notified |
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(10) | If either of the relevant Ministers ceases to hold office at any time, |
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otherwise than by virtue of sub-paragraph (1)— |
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(a) | the other shall also cease to hold office at that time; and |
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(b) | the relevant Ministerial offices shall be filled by applying |
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sub-paragraphs (3) to (6) within a period specified in |
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(a) | the Assembly has resolved under section 30(2) that a |
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political party does not enjoy its confidence; and |
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(b) | the party’s period of exclusion under that provision has |
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| no member of that party may be nominated under sub-paragraph |
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(a) | the Secretary of State has given a direction under section |
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30A(5) in respect of a political party; and |
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(b) | the party’s period of exclusion under that provision has |
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| no member of that party may be nominated under sub-paragraph |
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(13) | In this paragraph, a reference to a period of exclusion under any |
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provision is, in the case of a period of exclusion under that |
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provision which has been extended, a reference to that period as |
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Department with rotation between Minister and junior Minister |
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5 (1) | This Part of this Schedule has effect in relation to a Northern |
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(a) | the functions of which consist wholly or mainly of |
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devolved policing and justice functions; and |
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(b) | in relation to which an Act of the Assembly provides, by |
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virtue of section 21A(4)— |
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(i) | for it to be in the charge of a Northern Ireland |
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Minister (the “relevant Minister”) who is |
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supported by a junior Minister (the “relevant junior |
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(ii) | for the persons holding those offices to rotate at |
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intervals determined by or under the Act. |
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(2) | In this paragraph “devolved policing and justice function” has the |
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same meaning as in section 21A (see subsections (6) and (7) of that |
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Section 18 not to apply to relevant Minister |
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6 (1) | Section 18 (Northern Ireland Ministers) shall not apply in relation |
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(a) | the relevant Minister; or |
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(b) | the Ministerial office held by the relevant Minister (the |
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“relevant Ministerial office”), |
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| and paragraph 8 shall apply instead. |
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(2) | But the references to Ministerial offices in— |
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(a) | subsection (1)(c) and (d) of section 18; and |
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(b) | subsection (5) of that section (in the definition of M), |
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| shall be taken to include the relevant Ministerial office. |
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(3) | And the junior Ministerial office held by the relevant junior |
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Minister (the “relevant junior Ministerial office”) shall be taken to |
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be a Ministerial office for the purposes of subsection (5) of that |
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Certain provisions of section 19 not to apply to relevant junior Minister |
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7 (1) | The provisions of section 19 (junior Ministers) specified in sub- |
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paragraph (2) shall not apply in relation to— |
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(a) | the relevant junior Minister; or |
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(b) | the relevant junior Ministerial office, |
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| and paragraph 8 shall apply instead. |
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(2) | Those provisions are— |
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(a) | so much of subsection (1)(a) as relates to the procedures for |
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the appointment of persons as junior Ministers; |
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(b) | subsection (2) (so that, in particular, the relevant junior |
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Ministerial office shall not count for the purposes of any |
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formulae or other rules mentioned in that subsection); |
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Provisions relating to relevant Minister and relevant junior Minister |
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8 (1) | Where any of the conditions in paragraphs (a) to (e) of section |
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(a) | the relevant Minister and the relevant junior Minister shall |
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(if holding office at the time) cease to hold office; and |
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(b) | the relevant Ministerial office and the relevant junior |
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Ministerial office shall be filled by applying sub- |
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paragraphs (3) to (6) within a period specified in standing |
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(2) | The relevant Ministerial office and the relevant junior Ministerial |
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office shall be filled by applying sub-paragraphs (3) to (6)— |
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(a) | before section 18(2) to (6) is applied in relation to the other |
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(b) | before the procedures specified in any determination |
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under section 19 are applied in relation to the other junior |
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(3) | The First Minister and the deputy First Minister acting jointly shall |
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(a) | a member of the Assembly to hold the relevant Ministerial |
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(b) | a member of the Assembly to hold the relevant junior |
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(4) | The nomination shall not take effect unless it is approved by a |
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resolution of the Assembly passed with the support of— |
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(a) | a majority of the members voting on the motion for the |
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(b) | a majority of the designated Nationalists voting; and |
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(c) | a majority of the designated Unionists voting. |
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(a) | the nomination does not take effect within a period |
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specified in standing orders; or |
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(b) | the nominated persons do not take up the offices for which |
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they have been nominated within that period, |
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| a further nomination of two members of the Assembly shall be |
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made under sub-paragraph (3). |
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(6) | Sub-paragraphs (3) to (5) shall be applied as many times as may be |
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necessary to secure that the relevant Ministerial office and the |
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relevant junior Ministerial office are filled. |
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(7) | The holding of office as First Minister or deputy First Minister |
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shall not prevent a person being nominated to hold— |
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(a) | the relevant Ministerial office; or |
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|
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|
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(b) | the relevant junior Ministerial office. |
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(8) | The relevant Minister and the relevant junior Minister— |
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(a) | shall not take up office until each of them has affirmed the |
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terms of the pledge of office; and |
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(b) | must take up office at the same time as each other. |
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(9) | The relevant Minister or the relevant junior Minister shall cease to |
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(a) | he resigns by notice in writing to the First Minister and the |
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(b) | he ceases to be a member of the Assembly otherwise than |
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by virtue of a dissolution; or |
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(c) | he is dismissed by the First Minister and the deputy First |
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Minister acting jointly and the Presiding Officer is notified |
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(10) | Sub-paragraph (11) applies if the relevant Minister or the relevant |
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junior Minister ceases to hold office at any time, otherwise than— |
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(a) | by virtue of sub-paragraph (1); or |
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(b) | by virtue of the rotation of the persons holding those |
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offices in accordance with provision referred to in |
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(11) | Where this sub-paragraph applies— |
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(a) | the other shall also cease to hold office at that time; and |
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(b) | the relevant Ministerial office and the relevant junior |
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Ministerial office shall be filled by applying sub- |
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paragraphs (3) to (6) within a period specified in standing |
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| |
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(a) | the Assembly has resolved under section 30(2) that a |
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political party does not enjoy its confidence; and |
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(b) | the party’s period of exclusion under that provision has |
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| no member of that party may be nominated under sub-paragraph |
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| |
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(a) | the Secretary of State has given a direction under section |
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30A(5) in respect of a political party; and |
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(b) | the party’s period of exclusion under that provision has |
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| no member of that party may be nominated under sub-paragraph |
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(14) | In this paragraph, a reference to a period of exclusion under any |
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provision is, in the case of a period of exclusion under that |
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provision which has been extended, a reference to that period as |
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