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Department with policing and justice functions: nomination etc of Ministers |
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1 | In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006 |
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(c. 33) (department with policing and justice functions), the inserted |
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Schedule 4A to the 1998 Act is amended as follows. |
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Department in the charge of Minister approved by resolution of Assembly |
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2 (1) | Paragraph 3 (provisions relating to relevant Minister) is amended as follows. |
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(2) | After sub-paragraph (3) insert— |
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“(3A) | But a member of the Assembly who is a member of a political |
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party may not be nominated unless the nominating officer of the |
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party consents to his nomination within a period specified in |
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(3) | In sub-paragraph (9), at the end insert “; or |
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(d) | where consent to his nomination was required under sub- |
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paragraph (3A), he is dismissed by the nominating officer |
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who consented (or that officer’s successor) and the |
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Presiding Officer is notified of his dismissal.” |
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(4) | After sub-paragraph (10) insert— |
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“(10A) | If, as a result of the relevant Minister (“the former Minister”) |
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ceasing to hold office and the relevant Ministerial office being |
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filled by virtue of sub-paragraph (10),— |
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(a) | the total number of Ministerial offices held by members of |
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a political party increases; or |
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(b) | the total number of Ministerial offices held by members of |
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a political party decreases, |
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| all other Northern Ireland Ministers shall cease to hold office and |
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those Ministerial offices shall be filled by applying section 18(2) to |
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(6) within a period specified in standing orders. |
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(10B) | But sub-paragraph (10A) shall not apply if— |
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(a) | the former Minister ceased to hold office by virtue of being |
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dismissed by a nominating officer under sub-paragraph |
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(b) | before the relevant Ministerial office was filled, either of |
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the conditions in sub-paragraph (10C) was satisfied in |
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relation to each member of the Assembly who was a |
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member of the political party of the nominating officer. |
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(10C) | The conditions are that— |
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(a) | the First Minister and the deputy First Minister sought to |
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nominate the member under sub-paragraph (3) for the |
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relevant Ministerial office but consent to his nomination |
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was not given in accordance with sub-paragraph (3A); or |
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(b) | the member was nominated under sub-paragraph (3) for |
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the relevant Ministerial office and the nomination took |
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effect within the period specified in standing orders by |
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virtue of sub-paragraph (5)(a), but the member did not |
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take up the office within that period.” |
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(5) | After sub-paragraph (13) insert— |
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“(14) | In this paragraph “nominating officer” has the same meaning as in |
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Department in the charge of two Ministers |
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3 (1) | Paragraph 7 (provisions relating to relevant Ministers) is amended as |
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(2) | After sub-paragraph (3) insert— |
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“(3A) | But a member of the Assembly who is a member of a political |
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party may not be nominated unless the nominating officer of the |
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party consents to his nomination within a period specified in |
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(3) | In sub-paragraph (9), at the end insert “; or |
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(d) | where consent to his nomination was required under sub- |
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paragraph (3A), he is dismissed by the nominating officer |
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who consented (or that officer’s successor) and the |
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Presiding Officer is notified of his dismissal.” |
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(4) | After sub-paragraph (10) insert— |
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“(10A) | If, as a result of the relevant Ministers (“the former Ministers”) |
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ceasing to hold office and the relevant Ministerial offices being |
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filled by virtue of sub-paragraph (10)(b),— |
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(a) | the total number of Ministerial offices held by members of |
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a political party increases; or |
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(b) | the total number of Ministerial offices held by members of |
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a political party decreases, |
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| all other Northern Ireland Ministers shall cease to hold office and |
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those Ministerial offices shall be filled by applying section 18(2) to |
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(6) within a period specified in standing orders. |
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(10B) | But sub-paragraph (10A) shall not apply if— |
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(a) | either of the former Ministers ceased to hold office by |
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virtue of being dismissed by a nominating officer under |
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sub-paragraph (9)(d); and |
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(b) | before the relevant Ministerial offices were filled, either of |
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the conditions in sub-paragraph (10C) was satisfied in |
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relation to each member of the Assembly who was a |
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member of the political party of the nominating officer |
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(10C) | The conditions are that— |
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(a) | the First Minister and the deputy First Minister sought to |
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nominate the member under sub-paragraph (3) for one of |
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the relevant Ministerial offices but consent to his |
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nomination was not given in accordance with sub- |
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(b) | the member was nominated under sub-paragraph (3) for |
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one of the relevant Ministerial offices and the nomination |
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took effect within the period specified in standing orders |
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by virtue of sub-paragraph (5)(a), but the member did not |
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take up the office within that period.” |
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(5) | After sub-paragraph (13) insert— |
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“(14) | In this paragraph “nominating officer” has the same meaning as in |
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Department with rotation between Minister and junior Minister |
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4 (1) | Paragraph 11 (provisions relating to relevant Minister and relevant junior |
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Minister) is amended as follows. |
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(2) | After sub-paragraph (3) insert— |
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“(3A) | But a member of the Assembly who is a member of a political |
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party may not be nominated unless the nominating officer of the |
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party consents to his nomination within a period specified in |
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(3) | In sub-paragraph (9), at the end insert “; or |
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(d) | where consent to his nomination was required under sub- |
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paragraph (3A), he is dismissed by the nominating officer |
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who consented (or that officer’s successor) and the |
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Presiding Officer is notified of his dismissal.” |
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(4) | After sub-paragraph (11) insert— |
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“(11A) | If, as a result of the relevant Minister (“the former Minister”) and |
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the relevant junior Minister (“the former junior Minister”) ceasing |
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to hold office and the relevant Ministerial office and the relevant |
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junior Ministerial office being filled by virtue of sub-paragraph |
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(a) | the total number of Ministerial offices or junior Ministerial |
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offices held by members of a political party increases; or |
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(b) | the total number of Ministerial offices or junior Ministerial |
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offices held by members of a political party decreases, |
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| all other Northern Ireland Ministers shall cease to hold office and |
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those Ministerial offices shall be filled by applying section 18(2) to |
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(6) within a period specified in standing orders. |
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(11B) | But sub-paragraph (11A) shall not apply if— |
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(a) | the former Minister or the former junior Minister ceased to |
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hold office by virtue of being dismissed by a nominating |
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officer under sub-paragraph (9)(d); and |
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(b) | before the relevant Ministerial office and the relevant |
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junior Ministerial office were filled, either of the conditions |
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in sub-paragraph (11C) was satisfied in relation to each |
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member of the Assembly who was a member of the |
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political party of the nominating officer concerned. |
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(11C) | The conditions are that— |
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(a) | the First Minister and the deputy First Minister sought to |
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nominate the member under sub-paragraph (3) for the |
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appropriate office, but consent to his nomination was not |
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given in accordance with sub-paragraph (3A); or |
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(b) | the member was nominated under sub-paragraph (3) for |
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the appropriate office and the nomination took effect |
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within the period specified in standing orders by virtue of |
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sub-paragraph (5)(a), but the member did not take up the |
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office within that period. |
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(11D) | In sub-paragraph (11C) “the appropriate office” means— |
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(a) | in relation to a person who was a member of the political |
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party of the nominating officer who dismissed the former |
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Minister, the relevant Ministerial office; |
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(b) | in relation to a person who was a member of the political |
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party of the nominating officer who dismissed the former |
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junior Minister, the relevant junior Ministerial office.” |
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(5) | After sub-paragraph (14) insert— |
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“(15) | In this paragraph “nominating officer” has the same meaning as in |
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Minor and consequential amendments relating to Part 2 |
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Northern Ireland Act 1998 (c. 47) |
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1 | The 1998 Act is amended as follows. |
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2 | In section 53 (agreements etc., by persons participating in North-South |
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Ministerial Council and British-Irish Council), in subsection (1), for “a |
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nomination under section 52” substitute “any provision of section 52A or |
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3 | In section 98 (interpretation), in subsection (1), insert the following |
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definition at the appropriate place— |
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““the St Andrews Agreement” means the agreement reached on |
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13 October 2006 at multi-party talks on Northern Ireland held |
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4 (1) | Schedule 2 (excepted matters) is amended as follows. |
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(2) | In paragraph 3(b)(i), for “a nomination under section 52” substitute “any |
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provision of section 52A or 52B”. |
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(a) | in sub-paragraph (b), for “and 28” substitute “, 28, 28A, 28B, 28D and |
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(b) | in sub-paragraph (d), for “52” substitute “52A to 52C”. |
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5 | In Schedule 3 (reserved matters), in paragraph 42(a), for “and 28” substitute |
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Northern Ireland Act 2000 (c. 1) |
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6 | In section 1 of the 2000 Act (suspension of devolved government in Northern |
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Ireland), in subsection (5), for “section 52” substitute “section 52A, 52B”. |
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Reconstitution of district policing partnerships |
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1 (1) | Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) has effect subject |
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“the Board” means the Northern Ireland Policing Board; |
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“the commencement date” means the date on which this Schedule |
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“the council”, in relation to a DPP, means the district council by which |
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“district council” has the same meaning as in the Local Government Act |
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(Northern Ireland) 1972 (c. 9 (N.I.)); |
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“DPP” means a district policing partnership; |
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“independent appointment date”, in relation to a DPP, means the date |
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published by the Board under paragraph 4(2) of this Schedule; |
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“independent member”, in relation to a DPP, means a member |
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appointed under paragraph 2(3)(b), (4)(b) or (5)(b) of Schedule 3 to |
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the Police (Northern Ireland) Act 2000; |
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“political appointment date”, in relation to a DPP, means the date |
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published by the council under paragraph 3(2) of this Schedule; |
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“political member”, in relation to a DPP, means a member appointed |
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under paragraph 2(3)(a), (4)(a) or (5)(a) of Schedule 3 to the Police |
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(Northern Ireland) Act 2000. |
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Report on whether DPPs meet the political condition |
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2 (1) | The Board must comply with the requirements of this paragraph within a |
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period of 15 days beginning with the commencement date. |
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(2) | The Board must consider whether the political condition is met in relation to |
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(3) | The Board must submit to the Secretary of State a report on each DPP— |
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(a) | stating whether or not, in the view of the Board, the political |
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condition is met in relation to the DPP, and |
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(b) | setting out its reasons for that view. |
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(4) | The Board must provide to each district council a copy of the report so far as |
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the report relates to the DPP established by that council. |
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(5) | The Board must publish a list of the DPPs which, in its view, do not meet the |
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(6) | For the purposes of this paragraph the political condition is met in relation |
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to a DPP if the political members of the DPP reflect, so far as practicable, the |
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balance of parties prevailing among the members of the council on the |
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(7) | For the purposes of this paragraph an independent member of a council |
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shall be treated as a party. |
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Appointment of political members of DPPs which do not meet the political condition |
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3 (1) | This paragraph applies in relation to each DPP specified in the list published |
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(2) | The council must publish notice of the date which is to be the political |
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appointment date in relation to the DPP. |
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(3) | Notice under sub-paragraph (2) must be published in such manner as |
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appears to the council appropriate for bringing it to the attention of |
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(4) | The political appointment date in relation to a DPP must be a date no later |
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than three months after the date on which the list is published. |
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(5) | Each person who is a political member of the DPP on the day before the |
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political appointment date shall cease to hold office at the end of that day. |
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(6) | On the political appointment date, the council must appoint political |
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members of the DPP in accordance with Schedule 3 to the Police (Northern |
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Ireland) Act 2000 (c. 32); but for this purpose paragraph 3(1) of that Schedule |
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is to have effect as if, for “immediately after the last local general election” |
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there were substituted “on the date on which Schedule 8 to the Northern |
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Ireland (St Andrews Agreement) Act 2006 comes into force”. |
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(7) | A person who ceases to hold office as a political member by virtue of sub- |
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paragraph (5) shall be eligible for re-appointment. |
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(8) | Where a political member of the DPP ceases to hold office at any time during |
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(a) | beginning with the date on which the list is published, and |
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(b) | ending with the day before the political appointment date, |
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| no appointment shall be made to fill the casual vacancy. |
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(9) | Where a person ceases to hold office as chairman of the DPP during that |
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period, no appointment shall be made before the political appointment date |
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to fill the vacancy in the office. |
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Appointment of independent members of DPPs which do not meet the political condition |
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4 (1) | This paragraph applies in relation to each DPP specified in the list published |
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(2) | The Board must publish notice of the date which is to be the independent |
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appointment date in relation to the DPP. |
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(3) | Notice under sub-paragraph (2) must be published in such manner as |
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appears to the Board appropriate for bringing it to the attention of interested |
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(4) | Each person who is an independent member of the DPP on the day before |
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the independent appointment date shall cease to hold office at the end of |
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(5) | On the independent appointment date, the Board must appoint independent |
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members of the DPP in accordance with Schedule 3 to the Police (Northern |
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Ireland) Act 2000 (c. 32). |
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(6) | A person who ceases to hold office as an independent member by virtue of |
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sub-paragraph (4) shall be eligible for re-appointment. |
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(7) | Where an independent member of the DPP ceases to hold office at any time |
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(a) | beginning with the date on which the list is published, and |
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(b) | ending with the day before the independent appointment date, |
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| no appointment shall be made to fill the casual vacancy. |
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(8) | Where a person ceases to hold office as vice-chairman of the DPP during that |
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period, no election shall be conducted before the independent appointment |
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date to fill the vacancy in the office. |
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5 (1) | Section 15 of the Police (Northern Ireland) Act 2000 shall apply in relation to |
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a failure by a district council to comply with any provision of this Schedule |
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as it applies in relation to a failure by a district council to comply with any |
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provision of Schedule 3 to that Act. |
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(2) | Paragraph 6 of Schedule 3 to that Act shall apply in relation to any functions |
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of a district council or the Board under this Schedule as it applies in relation |
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to any functions of a district council or the Board under paragraphs 4 and 5 |
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District policing partnerships: Belfast sub-groups |
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1 | In paragraph 13 of Schedule 1 to the Police (Northern Ireland) Act 2003 (c. 6), |
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(Belfast), the inserted Schedule 3A to the Police (Northern Ireland) Act 2000 |
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Effect of local government election on membership of sub-group |
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2 (1) | In paragraph 1, after sub-paragraph (1) insert— |
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“(1A) | In this Schedule, in relation to a sub-group and the holding of a |
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“the transitional period” means the period— |
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(a) | beginning with the election day; and |
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(b) | ending with the day before the reconstitution date; |
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“reconstitution date” means the date published by notice of |
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the Board under paragraph 4(2A).” |
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