Northern Ireland (St Andrews Agreement) Bill

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Session 2006 - 07
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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The following provisions of this Act are repealed—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The 2000 Act is repealed.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).
20
      (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)”.