|
| |
| |
(b) | may continue to exercise the functions of his office until |
| |
immediately before those offices are filled in accordance with |
| |
| |
(3) | Where the offices of the First Minister and the deputy First Minister |
| |
become vacant at any time, they shall be filled by applying subsections |
| 5 |
(4) to (7) within a period of seven days beginning with that time. |
| |
(4) | The nominating officer of the largest political party of the largest |
| |
political designation shall nominate a member of the Assembly to be |
| |
| |
(5) | The nominating officer of the largest political party of the second |
| 10 |
largest political designation shall nominate a member of the Assembly |
| |
to be the deputy First Minister. |
| |
(6) | If the persons nominated do not take up office within a period specified |
| |
in standing orders, further nominations shall be made under |
| |
| 15 |
(7) | Subsections (4) to (6) shall be applied as many times as may be |
| |
necessary to secure that the offices of First Minister and deputy First |
| |
| |
(8) | But no person may take up office as First Minister or deputy First |
| |
Minister under this section after the end of the period mentioned in |
| 20 |
subsection (3) (see further section 32(3)). |
| |
(9) | The persons nominated under subsections (4) and (5) shall not take up |
| |
office until each of them has affirmed the terms of the pledge of office. |
| |
(10) | This section shall be construed in accordance with, and is subject to, |
| |
| 25 |
16C | Sections 16A and 16B: supplementary |
| |
(1) | In sections 16A and 16B and 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 |
| 30 |
| |
(b) | a member of the Assembly nominated by him for the purposes |
| |
| |
(2) | For the purposes of sections 16A and 16B and this section— |
| |
(a) | the size of a political party is to be determined by reference to |
| 35 |
the number of seats in the Assembly which were held by |
| |
members of the party on the day on which the Assembly first |
| |
met following its election; but |
| |
(b) | if two or more parties are taken by virtue of paragraph (a) to be |
| |
of the same size, the respective sizes of those parties is to be |
| 40 |
determined by reference to the number of first preference votes |
| |
cast for the parties at the last general election of members of the |
| |
| |
| (this is subject to subsections (7) and (8)). |
| |
| |
| |
|
| |
| |
(3) | For the purposes of sections 16A and 16B and this section, a political |
| |
party to which one or more members of the Assembly belong is to be |
| |
| |
(a) | to be of the political designation “Nationalist” if, at the relevant |
| |
time (see subsection (11)), more than half of the members of the |
| 5 |
Assembly who belonged to the party were designated |
| |
| |
(b) | to be of the political designation “Unionist” if, at the relevant |
| |
time, more than half of the members of the Assembly who |
| |
belonged to the party were designated Unionists; |
| 10 |
(c) | otherwise, to be of the political designation “Other”. |
| |
(4) | For the purposes of sections 16A and 16B and this section— |
| |
(a) | the size of the political designation “Nationalist” is to be taken |
| |
to be equal to the number of members of the Assembly who, at |
| |
the relevant time, were designated Nationalists; |
| 15 |
(b) | the size of the political designation “Unionist” is to be taken to |
| |
be equal to the number of members of the Assembly who, at the |
| |
relevant time, were designated Unionists; |
| |
(c) | the size of the political designation “Other” is to be taken to be |
| |
equal to the number of members of the Assembly who, at the |
| 20 |
relevant time, were neither designated Nationalists nor |
| |
| |
(5) | But if two or more political designations are taken by virtue of |
| |
subsection (4) to be of the same size, the respective sizes of those |
| |
designations is to be determined by reference to the aggregate number |
| 25 |
of first preference votes cast, at the last general election of members of |
| |
the Assembly, for members of the Assembly who, at the relevant time, |
| |
| |
(a) | designated Nationalists (in the case of the political designation |
| |
| 30 |
(b) | designated Unionists (in the case of the political designation |
| |
| |
(c) | neither designated Nationalists nor designated Unionists (in |
| |
the case of the political designation “Other”). |
| |
(6) | If at any time the party which is the largest political party of the largest |
| 35 |
political designation is not the largest political party— |
| |
(a) | any nomination to be made at that time under section 16A(4) or |
| |
16B(4) shall instead be made by the nominating officer of the |
| |
largest political party; and |
| |
(b) | any nomination to be made at that time under section 16A(5) or |
| 40 |
16B(5) shall instead be made by the nominating officer of the |
| |
largest political party of the largest political designation. |
| |
| |
(a) | the Assembly has resolved under section 30(2) that a political |
| |
party does not enjoy its confidence; and |
| 45 |
(b) | the party’s period of exclusion (see subsection (12)) under that |
| |
provision has not come to an end, |
| |
| subsection (2)(a) above shall have effect as if the number of seats in the |
| |
Assembly which were held by members of the party on the day on |
| |
which the Assembly first met following its election was nil. |
| 50 |
| |
| |
|
| |
| |
| |
(a) | the Secretary of State has given a direction under section 30A(5) |
| |
in respect of a political party; and |
| |
(b) | the party’s period of exclusion under that provision has not |
| |
| 5 |
| subsection (2)(a) above shall have effect as if the number of seats in the |
| |
Assembly which were held by members of the party on the day on |
| |
which the Assembly first met following its election was nil. |
| |
| |
(a) | a person nominated by the nominating officer of a political |
| 10 |
party ceased to hold office as First Minister or deputy First |
| |
Minister as a result of a resolution of the Assembly under |
| |
section 30(2) or a direction of the Secretary of State under |
| |
| |
(b) | the party’s period of exclusion under section 30(2) or 30A(5) |
| 15 |
subsequently comes to an end otherwise than by virtue of the |
| |
dissolution of the Assembly, |
| |
| the First Minister and the deputy First Minister shall cease to hold office |
| |
when the party’s period of exclusion under that provision comes to an |
| |
end (unless any period of exclusion of the party under the other |
| 20 |
provision has not come to an end). |
| |
(10) | But where a direction under section 30A(5) ceases to have effect under |
| |
section 95A(6) or (7), its so ceasing to have effect shall for the purposes |
| |
of subsection (9) be taken not to involve the coming to an end of a |
| |
period of exclusion under section 30A(5). |
| 25 |
(11) | In this section “the relevant time” means the end of the day on which |
| |
the Assembly first met following its election. |
| |
(12) | In this section, a reference to a period of exclusion under any provision |
| |
is, in the case of a period of exclusion under that provision which has |
| |
been extended, a reference to that period as extended. |
| 30 |
(13) | Standing orders may make further provision in connection with the |
| |
making of nominations under sections 16A and 16B. |
| |
(14) | In this Act “the pledge of office” means the pledge of office which, |
| |
together with the code of conduct to which it refers, is set out in |
| |
| 35 |
(2) | Schedule 5 (executive selection: consequential amendments) has effect. |
| |
9 | Department with policing and justice functions: nomination etc of Ministers |
| |
Schedule 6 (department with policing and justice functions: nomination etc of |
| |
| |
| 40 |
10 | Statutory committee for Office of First Minister and deputy First Minister |
| |
(1) | Section 29 of the 1998 Act (statutory committees) is amended as follows. |
| |
| |
| |
|
| |
| |
(2) | In subsection (1)(a), after “committees”)” insert— |
| |
“(i) | to advise and assist the First Minister and the deputy |
| |
First Minister in the formulation of policy with respect |
| |
to matters within their responsibilities as Ministers |
| |
jointly in charge of the Office of the First Minister and |
| 5 |
deputy First Minister, and |
| |
| |
(3) | In subsection (6), for the words from “it is established” to the end of the |
| |
| |
“(a) | it is established to advise and assist the First Minister and the |
| 10 |
deputy First Minister and either of those Ministers is a member |
| |
| |
(b) | it is established to advise and assist a Northern Ireland Minister |
| |
and that Minister is a member of his party.” |
| |
11 | Committee to review functioning of Assembly and Executive Committee |
| 15 |
(1) | After section 29 of the 1998 Act insert— |
| |
“29A | Committee to review functioning of Assembly and Executive |
| |
| |
(1) | Standing orders shall make provision— |
| |
(a) | for establishing a committee to examine such matters relating to |
| 20 |
the functioning of the Assembly and the Executive Committee |
| |
as may be specified in the standing orders; |
| |
(b) | in relation to the membership of the committee; and |
| |
(c) | for regulating proceedings of the committee. |
| |
(2) | Standing orders shall provide for the committee to make reports— |
| 25 |
| |
(b) | to the Executive Committee. |
| |
(3) | The committee shall, by no later than 1 May 2015, make a report on the |
| |
operation of the provisions of Parts 3 and 4 of this Act— |
| |
(a) | to the Secretary of State; |
| 30 |
| |
(c) | to the Executive Committee. |
| |
29B | Review of operation of sections 16A to 16C |
| |
(1) | Standing orders shall require the committee established by virtue of |
| |
| 35 |
(a) | the operation of sections 16A to 16C; and |
| |
(b) | in particular, whether to recommend that the Secretary of State |
| |
should make an order amending this Act and any other |
| |
enactment so far as may be necessary to secure that they have |
| |
effect, as from the date of the election of the 2011 Assembly, as |
| 40 |
if the executive selection amendments had not been made. |
| |
| |
“the 2011 Assembly” means the Assembly due to be elected under |
| |
section 31 of this Act in 2011; |
| |
| |
| |
|
| |
| |
“the executive selection amendments” means the amendments |
| |
made by section 8 of, and paragraphs 1, 2(1) and (2) and 3 to 14 |
| |
of Schedule 5 to, the Northern Ireland (St Andrews Agreement) |
| |
| |
(2) | If, by no later than 1 February 2011— |
| 5 |
(a) | the committee established by virtue of section 29A of the 1998 Act |
| |
makes the recommendation set out in section 29B(1)(b) of that Act, and |
| |
(b) | the committee’s recommendation is approved by the Northern Ireland |
| |
Assembly with cross-community support (within the meaning of that |
| |
| 10 |
| the Secretary of State must by order made by statutory instrument amend that |
| |
Act and any other enactment so far as may be necessary to secure that they |
| |
have effect, as from the date of the election of the 2011 Assembly, as if the |
| |
executive selection amendments had not been made. |
| |
| 15 |
“the 2011 Assembly” means the Northern Ireland Assembly due to be |
| |
elected under section 31 of the 1998 Act in 2011; |
| |
“the executive selection amendments” means the amendments made by |
| |
section 8 of, and paragraphs 1, 2(1) and (2) and 3 to 14 of Schedule 5 to, |
| |
| 20 |
(4) | An order under this section may contain supplementary, incidental, |
| |
consequential, transitional or saving provision. |
| |
(5) | A statutory instrument containing an order under this section shall be subject |
| |
to annulment in pursuance of a resolution of either House of Parliament. |
| |
| 25 |
12 | North-South Ministerial Council and British-Irish Council |
| |
For section 52 of the 1998 Act substitute— |
| |
“52A | North-South Ministerial Council and British-Irish Council |
| |
(1) | The First Minister and the deputy First Minister acting jointly shall, as |
| |
far in advance of each meeting of the North-South Ministerial Council |
| 30 |
or the British-Irish Council as is reasonably practicable, give to the |
| |
Executive Committee and to the Assembly the following information in |
| |
| |
| |
| 35 |
(c) | (once determined under this section) the names of the Ministers |
| |
or junior Ministers who are to attend the meeting. |
| |
(2) | Each Minister or junior Minister who has responsibility (whether or not |
| |
with another Minister or junior Minister) in relation to any matter |
| |
included in the agenda for a meeting of either Council (“appropriate |
| 40 |
Minister”) shall be entitled— |
| |
(a) | to attend the meeting; and |
| |
(b) | to participate (see section 52C) in the meeting so far as it relates |
| |
| |
| |
| |
|
| |
| |
(3) | An appropriate Minister may nominate another Minister or junior |
| |
| |
(a) | to attend the meeting in place of the appropriate Minister; and |
| |
(b) | to participate in the meeting so far as it relates to matters for |
| |
which the appropriate Minister has responsibility, |
| 5 |
| but a person may not be nominated under this subsection without his |
| |
| |
(4) | Each appropriate Minister shall notify the First Minister and the deputy |
| |
First Minister, as soon as reasonably practicable and in any event no |
| |
later than 10 days before the date of the meeting, that— |
| 10 |
(a) | he intends to attend the meeting; |
| |
(b) | he does not intend to attend the meeting but has nominated |
| |
another person under subsection (3) to attend in his place; or |
| |
(c) | he does not intend to attend the meeting and he does not intend, |
| |
or has not been able, to make such a nomination, |
| 15 |
| and a notification under paragraph (b) shall include the name of the |
| |
| |
(5) | If the appropriate Minister gives a notification under subsection (4)(c) |
| |
(or if the First Minister and the deputy First Minister receive no |
| |
notification from him under subsection (4)), the First Minister and the |
| 20 |
deputy First Minister acting jointly shall nominate a Minister or junior |
| |
| |
(a) | to attend the meeting in place of the appropriate Minister; and |
| |
(b) | to participate in the meeting so far as it relates to matters for |
| |
which the appropriate Minister has responsibility. |
| 25 |
(6) | In relation to a matter for which the First Minister and the deputy First |
| |
Minister are the appropriate Ministers— |
| |
(a) | the notification to be made by each of them under subsection (4) |
| |
shall be made to the other; and |
| |
(b) | if either of them (“A”) gives a notification under subsection |
| 30 |
(4)(c) (or if the other (“B”) receives no notification from A under |
| |
subsection (4)), B (acting alone) shall make the nomination |
| |
under subsection (5) in relation to A. |
| |
(7) | The First Minister and the deputy First Minister acting jointly shall |
| |
make such nominations (or further nominations) of Ministers and |
| 35 |
junior Ministers (including where appropriate alternative |
| |
nominations) as they consider necessary to ensure such cross- |
| |
community participation in either Council as is required by the Belfast |
| |
| |
(8) | Subsection (9) applies in relation to any matter included in the agenda |
| 40 |
for a meeting of either Council if— |
| |
(a) | the First Minister and the deputy First Minister are not the |
| |
appropriate Ministers in relation to the matter; but |
| |
(b) | the matter is one that ought, by virtue of section 20(3) or (4), to |
| |
be considered by the Executive Committee. |
| 45 |
(9) | The First Minister and the deputy First Minister acting jointly shall also |
| |
| |
(a) | to attend the meeting; and |
| |
(b) | to participate in the meeting so far as it relates to that matter. |
| |
| |
| |
|
| |
| |
(10) | In this section “day” does not include a Saturday, a Sunday, Christmas |
| |
Day, Good Friday and any day which is a bank holiday in Northern |
| |
| |
52B | Section 52A: duty to attend Council meetings etc |
| |
(1) | It shall be a Ministerial responsibility of— |
| 5 |
(a) | each appropriate Minister; or |
| |
(b) | if a Minister or junior Minister is nominated under section |
| |
52A(3) or (5) to attend a meeting of the North-South Ministerial |
| |
Council or the British-Irish Council in place of an appropriate |
| |
Minister, that Minister or junior Minister, |
| 10 |
| to participate in the meeting so far as it relates to matters for which the |
| |
appropriate Minister has responsibility. |
| |
(2) | It shall be a Ministerial responsibility of a Minister or junior Minister |
| |
nominated to attend a meeting of either Council under section 52A(7) |
| |
to participate in the meeting so far as specified in the nomination. |
| 15 |
(3) | Each appropriate Minister shall give to— |
| |
(a) | a person nominated under section 52A(3) or (5) to attend a |
| |
meeting of either Council in his place; or |
| |
(b) | a person nominated under section 52A(7) to participate in a |
| |
meeting of either Council so far as specified in the nomination, |
| 20 |
| such information as may be necessary to enable the person’s full |
| |
participation in the meeting. |
| |
(4) | But if the appropriate Minister does not give sufficient information |
| |
under subsection (3) to enable the person’s full participation in the |
| |
| 25 |
(a) | the First Minister and the deputy First Minister acting jointly |
| |
may request the necessary information; and |
| |
(b) | if they do so, the appropriate Minister must give that |
| |
information to the person nominated. |
| |
(5) | A person nominated under section 52A(3) or (5) may enter into |
| 30 |
agreements or arrangements in respect of matters for which the |
| |
appropriate Minister is (or the appropriate Ministers are) responsible. |
| |
(6) | Without prejudice to the operation of section 24, a Minister or junior |
| |
Minister attending a meeting of either Council by virtue of any |
| |
provision of section 52A or this section shall act in accordance with any |
| 35 |
decisions of the Assembly or the Executive Committee (by virtue of |
| |
section 20) which are relevant to his participation in the Council |
| |
| |
(7) | In this section “appropriate Minister”, in relation to a meeting of the |
| |
North-South Ministerial Council or the British-Irish Council, has the |
| 40 |
same meaning as in section 52A. |
| |
52C | Section 52A: supplementary |
| |
(1) | If any question arises under section 52A or 52B as to which Minister or |
| |
junior Minister has responsibility for any matter, the First Minister and |
| |
the deputy First Minister acting jointly shall determine that question. |
| 45 |
| |
| |
|
