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| | Page 1, line 12 [Clause 1], leave out from ‘that’ to end of line 16 and insert ‘the |
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| | defendant is, or is an associate (see subsection (10)) of, a person who— |
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| | | (a) | is a member of a proscribed organisation (see subsection (11)), or |
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| | | (b) | has at any time been a member of an organisation that was, at that time, |
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| | | a proscribed organisation.’. |
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| | Page 2, line 15 [Clause 1], leave out subsection (9). |
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| | Page 2, line 29 [Clause 1], leave out paragraphs (d) and (e) and insert— |
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| | | ‘(d) | there is evidence of a significant relationship between A and B.’. |
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| | Page 2, line 30 [Clause 1], at end insert— |
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| | | ‘(11) | For the purposes of this section an organisation is a proscribed organisation, in |
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| | | relation to any time, if at that time— |
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| | | (a) | it is (or was) proscribed (within the meaning given by section 11(4) of the |
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| | | Terrorism Act 2000 (c. 11)), and |
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| | | (b) | its activities are (or were) connected with the affairs of Northern |
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| | Page 2, line 30 [Clause 1], at end insert— |
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| | | ‘(11) | Where a certificate has been issued under subsection (2), the judge conducting the |
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| | | |
| | | (a) | accept the certificate, or |
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| | | (b) | reject the certificate. |
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| | | (12) | When considering the issuing of a certificate under subsection (11), the judge |
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| | | shall take into account any written representations he may receive from the |
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| | | (13) | If the judge conducting the trial— |
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| | | (a) | accepts the certificate, the trial shall be conducted in accordance with the |
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| | | (b) | rejects the certificate, the trial shall be conducted with a jury and the |
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| | | provisions of this Part shall not apply. |
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| | | (14) | In cases where a certificate has been rejected in accordance with subsection |
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| | | (11)(b), the judge conducting the trial shall provide, in writing, his reasons for the |
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| | | rejection to the Director of Public Prosecutions for Northern Ireland. |
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| | | (15) | The Director of Public Prosecutions for Northern Ireland may publish the reasons |
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| | | provided under subsection (14).’. |
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| | Page 5, line 16 [Clause 6], leave out ‘authority making them’ and insert ‘Lord |
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| | Chief Justice of Northern Ireland’. |
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| | Page 5, line 24, leave out Clause 7. |
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| | Page 5, line 26 [Clause 7], leave out ‘Director of Public Prosecutions for’ and |
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| | insert ‘Lord Chief Justice of’. |
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| | Page 5, line 26 [Clause 7], after ‘decision’ insert ‘or purported decision’. |
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| | Page 5, line 28 [Clause 7], at end insert ‘, except on the grounds of— |
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| | | (c) | other exceptional circumstances.’. |
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| | Page 5, line 29 [Clause 7], leave out subsections (2) and (3) and insert— |
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| | | ‘(2) | Subsection (1) is subject to section 7(1) of the Human Rights Act 1998 (c. 42) |
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| | | (claim that public authority has infringed Convention right).’. |
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| | Page 5, line 30 [Clause 7], leave out ‘Director’ and insert ‘Lord Chief Justice of |
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| | Page 5, line 35, leave out Clause 8. |
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| | Page 8, line 1 [Clause 9], leave out ‘by’ and insert ‘to’. |
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| | Page 11 [Clause 14], leave out lines 12 and 13. |
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| | Page 11 [Clause 14], leave out lines 22 to 27. |
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| | Page 11, line 44 [Clause 14], at end insert ‘or to imprisonment for a period not |
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| | exceeding three months.’. |
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| | Page 12, line 1 [Clause 14], leave out ‘not’. |
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| | Page 12 [Clause 14], leave out from beginning of line 4 to end of line 16 on page 13. |
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| | Page 14 [Clause 15], leave out lines 10 to 35. |
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| | Page 14, line 43 [Clause 15], at end insert ‘or to imprisonment for a period not |
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| | exceeding three months.’. |
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| | Page 15, line 32, leave out Clause 19. |
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| | Page 15, line 35 [Clause 19], leave out ‘1st January 2008.’ and insert ‘1st August |
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| | Page 16, line 1 [Clause 19], leave out ‘1st January 2008’ and insert ‘1st August |
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| | Page 16, line 9, leave out Clauses 20 to 41. |
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| | Page 29, line 9 [Clause 49], at end insert— |
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| | | ‘(aa) | section (Northern Ireland department with policing and justice |
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| | | functions) (and Schedule (Northern Ireland department with policing |
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| | | and justice functions));’. |
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| | To move the following Schedule:— |
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| | | Northern Ireland department with policing and justice functions |
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| | | 1 | In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006 |
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| | | (c. 33), the inserted Schedule 4A to the Northern Ireland Act 1998 (c. 47) |
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| | | (department with policing and justice functions) is amended as follows. |
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| | | Department in the charge of Minister and deputy Minister |
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| | | 11A(1) | This Part of this Schedule has effect in relation to a Northern Ireland |
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| | | (a) | the functions of which consist wholly or mainly of |
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| | | devolved policing and justice functions; and |
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| | | (b) | in relation to which an Act of the Assembly provides, by |
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| | | virtue of section 21A(5A)— |
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| | | (i) | for it to be in the charge of a Northern Ireland |
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| | | Minister (the “relevant Minister”) elected by the |
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| | | (ii) | for that Minister to be supported by a deputy |
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| | | Minister (the “deputy Minister”) elected by the |
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| | | (2) | In this paragraph “devolved policing and justice function” has the |
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| | | same meaning as in section 21A (see subsection (8) of that section). |
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| | | Modification of section 16A |
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| | | 11B(1) | Section 16A shall have effect subject to the following |
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| | | (2) | Subsection (2) shall have effect as if, at the end there were inserted |
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| | | “; and the deputy Minister (within the meaning of Part 3A of |
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| | | Schedule 4A) shall cease to hold office.” |
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| | | (3) | Subsection (3) shall have effect as if, for paragraph (b) (and the |
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| | | word “and” before it) there were substituted— |
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| | | “(aa) | once those offices have been filled, the relevant Ministerial |
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| | | office (within the meaning of Part 3A of Schedule 4A) and the |
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| | | deputy Ministerial office (within that meaning) shall be filled |
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| | | by applying paragraph 11E(2)(b) and (3) to (8) of that |
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| | | (b) | once those offices have been filled, the other Ministerial |
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| | | offices to be held by Northern Ireland Ministers shall be filled |
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| | | by applying section 18(2) to (6).” |
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| | | Section 18 not to apply to relevant Minister |
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| | | 11C(1) | Subject to sub-paragraphs (2) to (5), section 18 (Northern Ireland |
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| | | Ministers) shall not apply in relation to— |
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| | | (a) | the relevant Minister; or |
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| | | (b) | the Ministerial office held by the relevant Minister (the |
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| | | “relevant Ministerial office”), |
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| | | | and paragraphs 11E to 11G shall apply instead. |
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| | | (2) | The references to Ministerial offices in subsection (1)(c) and (d) of |
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| | | section 18 shall be taken to include the relevant Ministerial office. |
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| | | (3) | In the application of section 18(5) to a political party which is |
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| | | entitled to two or more Ministerial offices, the reference to |
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| | | Ministerial offices (in the definition of M)— |
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| | | (a) | at any time when the number of Ministerial offices held by |
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| | | members of the party (apart from the relevant Ministerial |
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| | | office) is nil, shall be taken not to include the relevant |
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| | | (b) | at any time when the number of Ministerial offices held by |
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| | | members of the party (apart from the relevant Ministerial |
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| | | office) is one or more, shall be taken to include the relevant |
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| | | |
| | | (4) | In the application of section 18(5) to any other political party, that |
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| | | reference to Ministerial offices shall be taken to include the relevant |
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| | | |
| | | (5) | For the purposes of this paragraph, a political party is entitled to two |
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| | | or more Ministerial offices if the nominating officer of the party |
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| | | would be entitled to nominate persons to hold two or more |
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| | | Ministerial offices under section 18, assuming that— |
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| | | (a) | on each occasion on which a nominating officer of a |
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| | | political party is entitled to exercise the power conferred by |
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| | | section 18(2), he does so within the period mentioned in |
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| | | (b) | the nominated person, in each case, takes up the selected |
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| | | Ministerial office within that period; and |
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| | | (c) | the reference in section 18(5) to Ministerial offices (in the |
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| | | definition of M) is taken to include the relevant Ministerial |
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| | | Section 19 not to apply to deputy Minister |
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| | | 11D(1) | The deputy Minister is to be treated for the purposes of this Act as |
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| | | if he were a junior Minister, but the provisions of section 19 (junior |
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| | | Ministers) shall not apply in relation to— |
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| | | (b) | the office held by him (the “deputy Ministerial office”), |
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| | | | (so that, in particular, the deputy Ministerial office shall not count |
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| | | for the purposes of any formulae or other rules mentioned in section |
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| | | 19(2)); and the following provisions of this Part of this Schedule |
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| | | (2) | The functions exercisable by virtue of the deputy Ministerial office |
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| | | shall be those determined in relation to that office by the relevant |
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| | | Minister and the deputy Minister acting jointly. |
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| | | (3) | The relevant Minister and the deputy Minister shall consult the First |
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| | | Minister and the deputy First Minister before making any |
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| | | determination under sub-paragraph (2). |
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| | | Provisions relating to relevant Minister and deputy Minister |
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| | | 11E(1) | When devolved policing and justice functions are first transferred |
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| | | to, or conferred on, the department mentioned in paragraph 11A, |
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| | | the relevant Ministerial office and the deputy Ministerial office |
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| | | shall be filled by applying sub-paragraphs (3) to (8) within a period |
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| | | specified in standing orders. |
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| | | (2) | The relevant Ministerial office and the deputy Ministerial office |
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| | | shall be filled by applying sub-paragraphs (3) to (8)— |
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| | | (a) | before section 18(2) to (6) is applied in relation to the other |
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| | | (b) | before the procedures specified in any determination under |
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| | | section 19 are applied in relation to the junior Ministerial |
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| | | (3) | Any member of the Assembly may stand as a candidate for election |
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| | | (a) | the relevant Minister; or |
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| | | |
| | | (4) | But a member of the Assembly may not stand for election to either |
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| | | (a) | he belongs to the largest or the second largest political |
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| | | designation (see paragraph 11H); |
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| | | (b) | he is nominated by another member of the Assembly; and |
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| | | (c) | if he is a member of a political party, the nominating officer |
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| | | of the party consents to his nomination within a period |
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| | | specified in standing orders. |
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| | | (5) | A candidate shall not be elected to either of those offices by the |
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| | | Assembly without the support of— |
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| | | (a) | a majority of the members voting in the election; |
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| | | (b) | a majority of the designated Nationalists voting; and |
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| | | (c) | a majority of the designated Unionists voting. |
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