Northern Ireland (St Andrews Agreement) Act 2006

In paragraph 11 (department with rotation between Minister and junior Minister: provisions relating to relevant Minister and relevant junior Minister), in sub-paragraph (1), for “(a) to (e)” substitute “ (b) to (e) ”.

SCHEDULE 6

Introduction

1

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.

Department in the charge of Minister approved by resolution of Assembly

2

• (1) Paragraph 3 (provisions relating to relevant Minister) is amended as follows.

• (2) After sub-paragraph (3) insert—

(3A) But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.

• (3) In sub-paragraph (9), at the end insert

; or (d) where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.

• (4) After sub-paragraph (10) insert—

(10A) If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of sub-paragraph (10),— (a) the total number of Ministerial offices held by members of a political party increases; or (b) the total number of Ministerial offices held by members of a political party decreases, all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders. (10B) But sub-paragraph (10A) shall not apply if— (a) the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and (b) before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer. (10C) The conditions are that— (a) the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the relevant Ministerial office but consent to his nomination was not given in accordance with sub-paragraph (3A); or (b) the member was nominated under sub-paragraph (3) for the relevant Ministerial office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.

• (5) After sub-paragraph (13) insert—

(14) In this paragraph “nominating officer” has the same meaning as in section 18.

Department in the charge of two Ministers

3

• (1) Paragraph 7 (provisions relating to relevant Ministers) is amended as follows.

• (2) After sub-paragraph (3) insert—

(3A) But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.

• (3) In sub-paragraph (9), at the end insert

; or (d) where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.

• (4) After sub-paragraph (10) insert—

(10A) If, as a result of the relevant Ministers (“the former Ministers”) ceasing to hold office and the relevant Ministerial offices being filled by virtue of sub-paragraph (10)(b),— (a) the total number of Ministerial offices held by members of a political party increases; or (b) the total number of Ministerial offices held by members of a political party decreases, all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders. (10B) But sub-paragraph (10A) shall not apply if— (a) either of the former Ministers ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and (b) before the relevant Ministerial offices were filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer concerned. (10C) The conditions are that— (a) the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for one of the relevant Ministerial offices but consent to his nomination was not given in accordance with sub-paragraph (3A); or (b) the member was nominated under sub-paragraph (3) for one of the relevant Ministerial offices and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.

• (5) After sub-paragraph (13) insert—

(14) In this paragraph “nominating officer” has the same meaning as in section 18.

Department with rotation between Minister and junior Minister

4

• (1) Paragraph 11 (provisions relating to relevant Minister and relevant junior Minister) is amended as follows.

• (2) After sub-paragraph (3) insert—

(3A) But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.

• (3) In sub-paragraph (9), at the end insert

; or (d) where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.

• (4) After sub-paragraph (11) insert—

(11A) If, as a result of the relevant Minister (“the former Minister”) and the relevant junior Minister (“the former junior Minister”) ceasing to hold office and the relevant Ministerial office and the relevant junior Ministerial office being filled by virtue of sub-paragraph (11)(b),— (a) the total number of Ministerial offices or junior Ministerial offices held by members of a political party increases; or (b) the total number of Ministerial offices or junior Ministerial offices held by members of a political party decreases, all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders. (11B) But sub-paragraph (11A) shall not apply if— (a) the former Minister or the former junior Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and (b) before the relevant Ministerial office and the relevant junior Ministerial office were filled, either of the conditions in sub-paragraph (11C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer concerned. (11C) The conditions are that— (a) the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the appropriate office, but consent to his nomination was not given in accordance with sub-paragraph (3A); or (b) the member was nominated under sub-paragraph (3) for the appropriate office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period. (11D) In sub-paragraph (11C) “the appropriate office” means— (a) in relation to a person who was a member of the political party of the nominating officer who dismissed the former Minister, the relevant Ministerial office; (b) in relation to a person who was a member of the political party of the nominating officer who dismissed the former junior Minister, the relevant junior Ministerial office.

• (5) After sub-paragraph (14) insert—

(15) In this paragraph “nominating officer” has the same meaning as in section 18.

SCHEDULE 7

Northern Ireland Act 1998 (c. 47)

1

The 1998 Act is amended as follows.

2

In section 53 (agreements etc., by persons participating in North-South Ministerial Council and British-Irish Council), in subsection (1), for “a nomination under section 52” substitute “ any provision of section 52A or 52B ”.

3

In section 98 (interpretation), in subsection (1), insert the following definition at the appropriate place—

• “the St Andrews Agreement” means the agreement reached on 13 October 2006 at multi-party talks on Northern Ireland held at St Andrews;

.

4

• (1) Schedule 2 (excepted matters) is amended as follows.

• (2) In paragraph 3(b)(i), for “a nomination under section 52” substitute “ any provision of section 52A or 52B ”.

• (3) In paragraph 22—

• (a) in sub-paragraph (b), for “and 28” substitute “ , 28, 28A, 28B, 28D and 28E ”;

• (b) in sub-paragraph (d), for “52” substitute “ 52A to 52C ”.

5

In Schedule 3 (reserved matters), in paragraph 42(a), for “and 28” substitute “ , 28, 28A and 28B ”.

Northern Ireland Act 2000 (c. 1)

6

In section 1 of the 2000 Act (suspension of devolved government in Northern Ireland), in subsection (5), for “section 52” substitute “ section 52A, 52B ”.

SCHEDULE 8

Introduction

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Report on whether DPPs meet the political condition

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of political members of DPPs which do not meet the political condition

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of independent members of DPPs which do not meet the political condition

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Introduction

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of local government election on membership of sub-group

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal of members of sub-group from office

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman and vice-chairman of sub-group

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance or non-compliance with St Andrews Agreement timetable

Power to refer Ministerial decision to Executive Committee

First Minister, deputy First Minister and Northern Ireland Ministers

Statutory committee for Office of First Minister and deputy First Minister

Power of Executive Committee to call for witnesses and documents

Strategy relating to poverty, social exclusion etc

Minor and consequential amendments

Amendment of Education (Northern Ireland) Order 2006 etc

Power to make consequential provision etc

Meetings

Proceedings

Nominations for First Minister and deputy First Minister

Draft Ministerial Code

Draft standing orders for Northern Ireland Assembly

Presiding officer

Staff etc

Privilege

Standing orders

Members to be deemed to have signed roll of membership etc

Meaning of “cross-community support”

Introduction

The Ministerial offices

Presiding Officer and deputy Presiding Officer

Restoration order: supplementary provisions

Modification of section 29(3) of the 1998 Act and paragraph 7(7) of Schedule 1 to the Police (Northern Ireland) Act 2000

Repeal of certain provisions of this Act on 26 March 2007

Dissolution of Northern Ireland Assembly

Postponement of next Northern Ireland Assembly election

Repeal of certain provisions of this Act etc

Repeal of the 2000 Act on 28 March 2007

Repeal of the 2000 Act: supplementary provisions

Repeal of Schedule 3 to this Act on 28 March 2007

Northern Ireland Act 1998 (c. 47)

Northern Ireland Act 2000 (c. 1)

Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33)

Introduction

Department in the charge of Minister approved by resolution of Assembly

Department in the charge of two Ministers

Department with rotation between Minister and junior Minister

Northern Ireland Act 1998 (c. 47)

Northern Ireland Act 2000 (c. 1)

Introduction

Report on whether DPPs meet the political condition

Appointment of political members of DPPs which do not meet the political condition

Appointment of independent members of DPPs which do not meet the political condition

Supplementary provisions

Introduction

Effect of local government election on membership of sub-group

Removal of members of sub-group from office

Chairman and vice-chairman of sub-group

Editorial notes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .