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Northern Ireland (St Andrews Agreement) Bill


Northern Ireland (St Andrews Agreement) Bill
Schedule 4 — Repeal of 2000 Act etc

28

 

(2A)   

An order under subsection (2) may not specify a date falling on or

before the date on which the poll would (apart from that subsection)

fall to be held under subsection (1).

(2B)   

An order under subsection (2) may include provision making such

modifications of—

5

(a)   

any enactment (other than one contained in this Act), or

(b)   

any provision of subordinate legislation,

   

as appear to the Secretary of State to be necessary or expedient for the

purposes of, or in consequence of or in connection with, the order.

(2C)   

An order under subsection (2) may, in particular, make provision

10

modifying any duty of the Chief Electoral Officer for Northern

Ireland whereby (apart from the order) he must perform any

function or discharge any duty on or by reference to a particular

date.

(2D)   

An order under subsection (2) may also make such supplementary,

15

incidental or consequential provision as the Secretary of State

considers necessary or expedient.”

      (2)  

In subsection (1) of that section, for “subsection (2)” substitute “subsections

(2) to (3)”.

Repeal of certain provisions of this Act etc

20

3     (1)  

The following provisions of this Act are repealed—

(a)   

section 1(1) and (2),

(b)   

section 3,

(c)   

Schedule 1,

(d)   

Schedule 2,

25

(e)   

Schedule 4, and

(f)   

Part 2 (including Schedules 5 to 7).

      (2)  

If this Schedule comes into force on 28 March 2007, the enactments amended

by Part 2 (including Schedules 5 to 7) shall be deemed to have effect, as from

that date, as if the amendments made by that Part had not been made.

30

Schedule 4

Section 2(5)

 

Repeal of 2000 Act etc

Repeal of the 2000 Act on 28 March 2007

1          

The 2000 Act is repealed.

Repeal of the 2000 Act: supplementary provisions

35

2     (1)  

The Northern Ireland Assembly may not make a determination under

section 47 of the 1998 Act in respect of any period of suspension.

      (2)  

No instrument made during any period of suspension shall be liable to

annulment or capable of being revoked in pursuance of a resolution, motion

or address of the Northern Ireland Assembly.

40

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 5 — Executive selection: consequential amendments

29

 

      (3)  

Neither a restoration order nor the repeal of paragraph 1(1) of the Schedule

to the 2000 Act shall affect the operation of any Order in Council made

before 28 March 2007 under paragraph 1(1) of that Schedule.

      (4)  

References to Acts of the Northern Ireland Assembly in any enactment or

instrument (whether passed or made before or after the coming into force of

5

section 1 of the 2000 Act) are to be read, so far as the context permits, as

including references to Orders in Council made under paragraph 1(1) of the

Schedule to that Act.

      (5)  

The repeal of section 6 of the 2000 Act by virtue of paragraph 1 above shall

not affect the operation of any order previously made under that section.

10

      (6)  

The repeal of section 7 of the 2000 Act by virtue of paragraph 1 above shall

not affect the operation of any provision of a restoration order previously

made by virtue of subsection (2) of that section.

      (7)  

The repeal of paragraph 9 of the Schedule to the 2000 Act by virtue of

paragraph 1 above shall not affect the operation of any determination or

15

provision previously made by virtue of that paragraph.

      (8)  

Subsection (4) of section 44 of the 1998 Act shall continue to include, at the

end of that subsection, the words “or during a period when section 1 of the

Northern Ireland Act 2000 was in force” (notwithstanding the repeal of

section 9(3) of the 2000 Act by virtue of paragraph 1 above).

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      (9)  

In this paragraph—

“instrument” includes a charter, contract or other document;

“period of suspension” means a period when section 1 of the 2000 Act

was in force.

     (10)  

Sub-paragraphs (1) to (8) are not to be taken as limiting the provision that

25

may be made by an order under section 23 of this Act.

Repeal of Schedule 3 to this Act on 28 March 2007

3          

Schedule 3 to this Act is repealed.

Schedule 5

Section 8

 

Executive selection: consequential amendments

30

Northern Ireland Act 1998 (c. 47)

1          

The 1998 Act is amended as follows.

2     (1)  

Section 18 (Northern Ireland Ministers) is amended as follows.

      (2)  

Omit subsection (1)(a).

      (3)  

For subsection (13) substitute—

35

“(13)   

In this section “nominating officer”, in relation to a party, means—

(a)   

the person registered under Part 2 of the Political Parties,

Elections and Referendums Act 2000 as the party’s

nominating officer; or

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 5 — Executive selection: consequential amendments

30

 

(b)   

a member of the Assembly nominated by him for the

purposes of this section.”

3          

In section 19A (disqualification for certain offices which may be held by

members of the Assembly), in subsection (1), for paragraphs (a) and (b)

substitute—

5

“(a)   

be nominated to hold the office of First Minister or deputy

First Minister or a Ministerial office to be held by a Northern

Ireland Minister,”.

4          

In section 32 (extraordinary elections), for subsection (3) substitute—

“(3)   

If—

10

(a)   

the period mentioned in section 16A(3) ends without the

offices of First Minister and deputy First Minister and the

Ministerial offices to be held by Northern Ireland Ministers

having been filled; or

(b)   

the period mentioned in section 16B(3) ends without the

15

offices of First Minister and deputy First Minister having

been filled,

   

the Secretary of State shall propose a date for the poll for the election

of the next Assembly.”

5          

In section 98(1) (interpretation), in the definition of “the pledge of office”, for

20

“16(10)” substitute “16C(14)”.

6     (1)  

Schedule 12A (effect of application of section 95A(6) or (7)) is amended as

follows.

      (2)  

In paragraph 6(4), for “16(8)” substitute “16B(3) to (9)”.

      (3)  

In paragraph 7(4), for “16(7)” substitute “16B(2)”.

25

      (4)  

In paragraph 8(1)(a), for “the six weeks” substitute “the period of seven

days”.

      (5)  

In paragraph 8(3), for “16” substitute “16B(3) to (9)”.

      (6)  

In paragraph 8(4)—

(a)   

for “for an election under section 16” substitute “under section 16B(3)

30

to (9)”;

(b)   

for “of six weeks mentioned in section 16(8)” substitute “mentioned

in section 16B(3)”.

Northern Ireland Act 2000 (c. 1)

7          

In section 1 of the 2000 Act (suspension of devolved government in Northern

35

Ireland), in subsection (4), omit “elected,”.

Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33)

8          

In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006

(c. 33) (department with policing and justice functions), the inserted

Schedule 4A to the 1998 Act is amended as follows.

40

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 5 — Executive selection: consequential amendments

31

 

9          

After paragraph 1 insert—

“Modification of section 16A

1A         

Section 16A(3) shall have effect as if, for paragraph (b) (and the

word “and” before it) there were substituted—

“(aa)   

once those offices have been filled, the relevant Ministerial

5

office (within the meaning of Part 1 of Schedule 4A) shall be

filled by applying paragraph 3(3) to (6) of that Schedule; and

(b)   

once that office has been filled, the other Ministerial offices to

be held by Northern Ireland Ministers shall be filled by

applying section 18(2) to (6).””

10

10         

In paragraph 3 (department in the charge of Minister approved by

resolution of Assembly: provisions relating to relevant Minister), in sub-

paragraph (1), for “(a) to (e)” substitute “(b) to (e)”.

11         

After paragraph 4 insert—

“Modification of section 16A

15

4A         

Section 16A(3) shall have effect as if, for paragraph (b) (and the

word “and” before it) there were substituted—

“(aa)   

once those offices have been filled, the relevant Ministerial

offices (within the meaning of Part 2 of Schedule 4A) shall be

filled by applying paragraph 7(3) to (6) of that Schedule; and

20

(b)   

once those offices have been filled, the other Ministerial

offices to be held by Northern Ireland Ministers shall be filled

by applying section 18(2) to (6).””

12         

In paragraph 7 (department in the charge of two Ministers: provisions

relating to relevant Ministers), in sub-paragraph (1), for “(a) to (e)” substitute

25

“(b) to (e)”.

13         

After paragraph 8 insert—

“Modification of section 16A

8A         

Section 16A(3) shall have effect as if, for paragraph (b) (and the

word “and” before it) there were substituted—

30

“(aa)   

once those offices have been filled, the relevant Ministerial

office (within the meaning of Part 3 of Schedule 4A) and the

relevant junior Ministerial office (within that meaning) shall

be filled by applying paragraph 11(3) to (6) of that Schedule;

and

35

(b)   

once those offices have been filled, the other Ministerial

offices to be held by Northern Ireland Ministers shall be filled

by applying section 18(2) to (6).””

14         

In paragraph 11 (department with rotation between Minister and junior

Minister: provisions relating to relevant Minister and relevant junior

40

Minister), in sub-paragraph (1), for “(a) to (e)” substitute “(b) to (e)”.

 

 

 
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