|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
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3 (1) | The following provisions of this Act are repealed— |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), |
| |
| |
| |
| 25 |
| |
(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 |
| |
| |
| |
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1 | The 2000 Act is repealed.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 |
|
| |
|
| |
|
(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 |
| |
| |
(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). |
| 20 |
| |
“instrument” includes a charter, contract or other document; |
| |
“period of suspension” means a period when section 1 of the 2000 Act |
| |
| |
(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. |
| |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(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) |
| |
| 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 |
| |
| |
4 | In section 32 (extraordinary elections), for subsection (3) substitute— |
| |
| 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 |
| |
| |
(b) | the period mentioned in section 16B(3) ends without the |
| 15 |
offices of First Minister and deputy First Minister having |
| |
| |
| the Secretary of State shall propose a date for the poll for the election |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(5) | In paragraph 8(3), for “16” substitute “16B(3) to (9)”. |
| |
| |
(a) | for “for an election under section 16” substitute “under section 16B(3) |
| 30 |
| |
(b) | for “of six weeks mentioned in section 16(8)” substitute “mentioned |
| |
| |
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 |
|
| |
|
| |
|
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 |
| |
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; |
| |
| 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)”. |
| |
|
| |
|