Northern Ireland (St Andrews
Agreement) Act 2006
CHAPTER 53
CONTENTS
PART 1
PREPARATIONS FOR RESTORATION OF DEVOLVED GOVERNMENT
1 Preparations for restoration of devolved government
2 Compliance or non-compliance with St Andrews Agreement timetable
3 Next Northern Ireland Assembly election to be in March 2007 etc
4 Remuneration of members of the Northern Ireland Assembly
PART 2
AMENDMENTS OF THE NORTHERN IRELAND ACT 1998 ETC
Ministerial conduct
5 The Executive Committee and the Ministerial Code
6 Power to refer Ministerial decision to Executive Committee
7 Pledge of office
Ministerial appointments
8 First Minister, deputy First Minister and Northern Ireland Ministers
9 Department with policing and justice functions: nomination etc of Ministers
Committees
10 Statutory committee for Office of First Minister and deputy First Minister
11 Committee to review functioning of Assembly and Executive Committee
Northern ii Ireland (St Andrews Agreement) Act 2006 (c. 53)
NSMC and BIC
12 North-South Ministerial Council and British-Irish Council
Miscellaneous
13 Community designation
14 Power of Executive Committee to call for witnesses and documents
15 Strategies relating to Irish language and Ulster Scots language etc
16 Strategy relating to poverty, social exclusion etc
17 Vacancy in the Assembly
18 Report on progress towards devolution of policing and justice matters
19 Minor and consequential amendments
PART 3
OTHER AMENDMENTS
Policing
20 District policing partnerships
Education
21 Amendment of Education (Northern Ireland) Order 2006 etc
PART 4
SUPPLEMENTAL
22 Repeal of the 2006 Act
23 Power to make consequential provision etc
24 Parliamentary procedure for orders under section 23
25 Interpretation
26 Extent
27 Commencement
28 Short title
Schedule 1 — The Transitional Assembly
Schedule 2 — Restoration of devolved government on 26 March 2007
Schedule 3 — Non-compliance with St Andrews Agreement timetable
Schedule 4 — Repeal of the Northern Ireland Act 2000 on 28 March 2007
Schedule 5 — Executive selection: consequential amendments
Schedule 6 — Department with policing and justice functions: nomination
etc of Ministers
Schedule 7 — Minor and consequential amendments relating to Part 2
Schedule 8 — Reconstitution of district policing partnerships
Schedule 9 — District policing partnerships: Belfast sub-groups
ELIZABETH II c. 53
Northern Ireland (St Andrews
Agreement) Act 2006
2006 CHAPTER 53
An Act to make provision for preparations for the restoration of devolved
government in Northern Ireland in accordance with the St Andrews
Agreement; to make provision as to the consequences of compliance, or noncompliance,
with the St Andrews Agreement timetable; to amend the
Northern Ireland Act 1998; to make provision about district policing
partnerships; to amend the Education (Northern Ireland) Orders 1997 and
2006; and for connected purposes. [22nd November 2006]
E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
PART 1
PREPARATIONS FOR RESTORATION OF DEVOLVED GOVERNMENT
1 Preparations for restoration of devolved government
(1) There is to be an Assembly (referred to in this Act as “the Transitional
Assembly”)—
(a) whose members at any time are to be the persons who are at that time
members of the Northern Ireland Assembly, and
(b) whose purpose is to take part in preparations for the restoration of
devolved government in Northern Ireland in accordance with the
St Andrews Agreement.
(2) Schedule 1 (provision about the Transitional Assembly) has effect.
(3) Nothing in this Act affects the operation of section 1 of the 2000 Act
(suspension of devolved government).
B
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2
(4) But subsection (3) is subject to—
(a) paragraph 3 of Schedule 1,
(b) paragraphs 2 and 4 of Schedule 2, and
(c) paragraphs 1 and 2 of Schedule 4.
2 Compliance or non-compliance with St Andrews Agreement timetable
(1) If at any time before 25 March 2007 the Secretary of State considers that (were
Schedule 2 to come into force) there would be no reasonable prospect that each
of the Ministerial offices would be filled in accordance with paragraph 2 of that
Schedule, he may make an order bringing Schedule 3 into force on the day
following the day on which the order is made.
(2) If the Secretary of State does not make an order under subsection (1) before
25 March 2007—
(a) he must on that date make a restoration order providing for section 1 of
the 2000 Act to cease to have effect on 26 March 2007, and
(b) Schedule 2 shall come into force on 26 March 2007.
(3) Subsection (4) applies if—
(a) the Secretary of State makes a restoration order by virtue of subsection
(2), but
(b) it appears to him that one or more of the Ministerial offices has not been
filled in accordance with paragraph 2 of Schedule 2 by the end of
26 March 2007.
(4) Where this subsection applies—
(a) the Secretary of State must on 27 March 2007 make an order under the
2000 Act revoking the restoration order,
(b) that order must state that it is made by virtue of subsection (3) and must
come into force on 28 March 2007, and
(c) Schedule 3 shall come into force on 28 March 2007.
(5) If the Secretary of State—
(a) makes a restoration order by virtue of subsection (2), and
(b) does not make an order by virtue of subsection (3) revoking the
restoration order,
Schedule 4 shall come into force on 28 March 2007.
(6) An order under subsection (1) must be made by statutory instrument.
(7) Section 7(4) to (7) of the 2000 Act (affirmative resolution etc procedure) does
not apply in relation to an order made by virtue of subsection (2) or (3).
(8) In this section “the Ministerial offices” means—
(a) the offices of First Minister and deputy First Minister, and
(b) the Ministerial offices to be held by Northern Ireland Ministers.
3 Next Northern Ireland Assembly election to be in March 2007 etc
(1) In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections and
dissolutions), for subsection (2) substitute—
“(2) The date of the poll for the election of the Assembly next following the
Assembly elected at the poll on 26 November 2003 shall be 7 March
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Part 1 — Preparations for restoration of devolved government
3
2007; and the Assembly elected on 26 November 2003 shall be dissolved
on 30 January 2007.”
(2) Subsection (3) applies in respect of any vacancy in the membership of the
Northern Ireland Assembly which exists at any time between the passing of
this Act and the date of the next election of the Assembly (whether the vacancy
occurred before or after the passing of this Act).
(3) Article 7 of the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/
2599) does not apply in the case of such a vacancy.
4 Remuneration of members of the Northern Ireland Assembly
(1) Subsection (2) has effect in relation to—
(a) the dissolution of the Northern Ireland Assembly on 30 January 2007,
and
(b) the Assembly election the poll for which is to be held on 7 March 2007
(“the next Assembly election”).
(2) Section 47 of the 1998 Act (remuneration of members) is to have effect as if, for
subsection (10) of that section, there were substituted—
“(10) For the purposes of this section, a person who is a member of the
Assembly immediately before the Assembly is dissolved shall be
treated—
(a) as if he were a member of the Assembly until the end of the day
which is the latest day for the delivery of nomination papers for
the next Assembly election; and
(b) if he is nominated as a candidate at the next Assembly election,
as if he were a member of the Assembly until the end of the day
of the poll for that election.”
(3) Subsection (4) has effect in relation to persons returned as members of the
Northern Ireland Assembly at the next Assembly election.
(4) Section 47 of the 1998 Act is to have effect as if, for subsection (9)(a) of that
section, there were substituted—
“(a) a person’s membership of the Assembly begins on the day on
which he takes his seat (following the next Assembly election)
in the Assembly established under section 1(1) of the Northern
Ireland (St Andrews Agreement) Act 2006 in accordance with
standing orders of that Assembly; and”.
PART 2
AMENDMENTS OF THE NORTHERN IRELAND ACT 1998 ETC
Ministerial conduct
5 The Executive Committee and the Ministerial Code
(1) In section 20 of the 1998 Act (Executive Committee), after subsection (3)
insert—
“(4) The Committee shall also have the function of discussing and agreeing
upon—
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4
(a) significant or controversial matters that are clearly outside the
scope of the agreed programme referred to in paragraph 20 of
Strand One of that Agreement;
(b) significant or controversial matters that the First Minister and
deputy First Minister acting jointly have determined to be
matters that should be considered by the Executive
Committee.”
(2) After section 28 of the 1998 Act insert—
“Ministerial Code
28A Ministerial Code
(1) Without prejudice to the operation of section 24, a Minister or junior
Minister shall act in accordance with the provisions of the Ministerial
Code.
(2) In this section “the Ministerial Code” means—
(a) the Ministerial Code that becomes the Ministerial Code for the
purposes of this section by virtue of paragraph 4 of Schedule 1
to the Northern Ireland (St Andrews Agreement) Act 2006 (as
from time to time amended in accordance with this section); or
(b) any replacement Ministerial Code prepared and approved in
accordance with this section (as from time to time amended in
accordance with this section).
(3) If at any time the Executive Committee—
(a) prepares draft amendments to the Ministerial Code; or
(b) prepares a draft Ministerial Code to replace the Ministerial
Code,
the First Minister and deputy First Minister acting jointly shall lay the
draft amendments or the draft Code before the Assembly for approval.
(4) A draft Ministerial Code or a draft amendment to the Code—
(a) shall not be approved by the Assembly without crosscommunity
support; and
(b) shall not take effect until so approved.
(5) The Ministerial Code must include provision for requiring Ministers or
junior Ministers to bring to the attention of the Executive Committee
any matter that ought, by virtue of section 20(3) or (4), to be considered
by the Committee.
(6) The Ministerial Code must include provision for a procedure to enable
any Minister or junior Minister to ask the Executive Committee to
determine whether any decision that he is proposing to take, or has
taken, relates to a matter that ought, by virtue of section 20(3) or (4), to
be considered by the Committee.
(7) The Ministerial Code must also include provision as to the procedures
of the Executive Committee with respect to—
(a) the taking of decisions; and
(b) consideration by the Committee of decision papers that are to
be considered by the North-South Ministerial Council or the
British-Irish Council.
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(8) The Ministerial Code must in particular provide—
(a) that it is the duty of the chairmen of the Executive Committee to
seek to secure that decisions of the Executive Committee are
reached by consensus wherever possible;
(b) that, if consensus cannot be reached, a vote may be taken; and
(c) that, if any three members of the Executive Committee require
the vote on a particular matter which is to be voted on by the
Executive Committee to require cross-community support, any
vote on that matter in the Executive Committee shall require
cross-community support in the Executive Committee.
(9) The Ministerial Code may include such other provisions as the
Executive Committee thinks fit.
(10) Without prejudice to the operation of section 24, a Minister or junior
Minister has no Ministerial authority to take any decision in
contravention of a provision of the Ministerial Code made under
subsection (5).”
6 Power to refer Ministerial decision to Executive Committee
After section 28A of the 1998 Act insert—
“Power to refer Ministerial decision to Executive Committee
28B Power to refer Ministerial decision to Executive Committee
(1) This section applies if 30 members petition the Assembly expressing
concern that a decision taken by a Minister or junior Minister (“the
Ministerial decision”)—
(a) may have been taken in contravention of section 28A(1); or
(b) relates to a matter of public importance.
(2) But this section does not apply if the Ministerial decision has
previously been the subject of a reference under this section.
(3) If the Presiding Officer, after consulting the political parties whose
members hold seats in the Assembly, certifies that the Ministerial
decision relates to a matter of public importance, he shall refer the
decision to the Executive Committee for its consideration.
(4) Having considered the reference, the Executive Committee shall notify
the Presiding Officer—
(a) whether or not the decision was, in its view, taken in
contravention of section 28A(1);
(b) whether or not the decision relates, in its view, to a significant
or controversial matter; and
(c) as to any action that the Executive Committee proposes to take,
or has taken, in relation to the decision.
(5) No reference may be made under this section after the end of the period
of seven days beginning with—
(a) the day on which the Ministerial decision was taken; or
(b) if appropriate, the day on which the decision was notified to the
Assembly.
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(6) Any consideration by the Executive Committee of a Ministerial
decision under this section must be completed before the end of the
period of seven days beginning with the day on which the reference is
made.
(7) Standing orders shall make provision with respect to the procedure to
be followed—
(a) in petitioning the Assembly under subsection (1); and
(b) in making a reference under this section.
(8) The periods mentioned in subsections (5) and (6) shall be computed by
reference only to days on which the Assembly sits.”
7 Pledge of office
(1) In the pledge of office set out in Schedule 4 to the 1998 Act, after paragraph (c)
insert—
“(ca) to promote the interests of the whole community represented
in the Northern Ireland Assembly towards the goal of a
shared future;
(cb) to participate fully in the Executive Committee, the North-
South Ministerial Council and the British-Irish Council;
(cc) to observe the joint nature of the offices of First Minister and
deputy First Minister;
(cd) to uphold the rule of law based as it is on the fundamental
principles of fairness, impartiality and democratic
accountability, including support for policing and the courts
as set out in paragraph 6 of the St Andrews Agreement;”.
(2) At the end of the pledge of office set out in that Schedule insert—
“Paragraph 6 of the St Andrews Agreement says:
“We believe that the essential elements of support for law
and order include endorsing fully the Police Service of
Northern Ireland and the criminal justice system, actively
encouraging everyone in the community to co-operate fully
with the PSNI in tackling crime in all areas and actively
supporting all the policing and criminal justice institutions,
including the Policing Board.””
Ministerial appointments
8 First Minister, deputy First Minister and Northern Ireland Ministers
(1) For section 16 of the 1998 Act (First Minister and deputy First Minister)
substitute—
“16A Appointment of First Minister, deputy First Minister and Northern
Ireland Ministers following Assembly election
(1) This section applies where an Assembly is elected under section 31 or
32.
(2) All Northern Ireland Ministers shall cease to hold office.
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(3) Within a period of seven days beginning with the first meeting of the
Assembly—
(a) the offices of First Minister and deputy First Minister shall be
filled by applying subsections (4) to (7); and
(b) the Ministerial offices to be held by Northern Ireland Ministers
shall be filled by applying section 18(2) to (6).
(4) The nominating officer of the largest political party of the largest
political designation shall nominate a member of the Assembly to be
the First Minister.
(5) The nominating officer of the largest political party of the second
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
subsections (4) and (5).
(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
Minister are filled.
(8) But no person may take up office as First Minister, deputy First
Minister or Northern Ireland Minister by virtue of this section after the
end of the period mentioned in 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) Subject to the provisions of this Part, the First Minister and the deputy
First Minister shall hold office until immediately before those offices
are next filled by virtue of this section.
(11) The holder of the office of First Minister or deputy First Minister may
by notice in writing to the Presiding Officer designate a Northern
Ireland Minister to exercise the functions of that office—
(a) during any absence or incapacity of the holder; or
(b) during any vacancy in that office arising otherwise than under
section 16B(2),
but a person shall not have power to act by virtue of paragraph (a) for
a continuous period exceeding six weeks.
(12) This section shall be construed in accordance with, and is subject to,
section 16C.
16B Vacancies in the office of First Minister or deputy First Minister
(1) The First Minister or the deputy First Minister—
(a) may at any time resign by notice in writing to the Presiding
Officer; and
(b) shall cease to hold office if he ceases to be a member of the
Assembly otherwise than by virtue of a dissolution.
(2) If either the First Minister or the deputy First Minister ceases to hold
office at any time, whether by resignation or otherwise, the other—
(a) shall also cease to hold office at that time; but
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(b) may continue to exercise the functions of his office until
immediately before those offices are filled in accordance with
this section.
(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
(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
the First Minister.
(5) The nominating officer of the largest political party of the second
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
subsections (4) and (5).
(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
Minister are filled.
(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
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,
section 16C.
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
officer; or
(b) a member of the Assembly nominated by him for the purposes
of this section.
(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
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
determined by reference to the number of first preference votes
cast for the parties at the last general election of members of the
Assembly;
(this is subject to subsections (7) and (8)).
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(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
taken—
(a) to be of the political designation “Nationalist” if, at the relevant
time (see subsection (11)), more than half of the members of the
Assembly who belonged to the party were designated
Nationalists;
(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;
(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;
(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
relevant time, were neither designated Nationalists nor
designated Unionists.
(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
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,
were—
(a) designated Nationalists (in the case of the political designation
“Nationalist”);
(b) designated Unionists (in the case of the political designation
“Unionist”); or
(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
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
16B(5) shall instead be made by the nominating officer of the
largest political party of the largest political designation.
(7) Where—
(a) the Assembly has resolved under section 30(2) that a political
party does not enjoy its confidence; and
(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.
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(8) Where—
(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
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.
(9) Where—
(a) a person nominated by the nominating officer of a political
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
section 30A(5); and
(b) the party’s period of exclusion under section 30(2) or 30A(5)
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
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).
(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.
(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
Schedule 4.”
(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
Ministers) has effect.
Committees
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.
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(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
deputy First Minister, and
(ii) ”.
(3) In subsection (6), for the words from “it is established” to the end of the
subsection substitute—
“(a) it is established to advise and assist the First Minister and the
deputy First Minister and either of those Ministers is a member
of his party; or
(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
(1) After section 29 of the 1998 Act insert—
“29A Committee to review functioning of Assembly and Executive
Committee
(1) Standing orders shall make provision—
(a) for establishing a committee to examine such matters relating to
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—
(a) to the Assembly; and
(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;
(b) to the Assembly; and
(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
section 29A to consider—
(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
if the executive selection amendments had not been made.
(2) In subsection (1)—
“the 2011 Assembly” means the Assembly due to be elected under
section 31 in 2011;
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“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)
Act 2006.”
(2) If, by no later than 1 February 2011—
(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
Act),
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.
(3) In subsection (2)—
“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,
this Act.
(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.
NSMC and BIC
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
or the British-Irish Council as is reasonably practicable, give to the
Executive Committee and to the Assembly the following information in
relation to the meeting—
(a) the date;
(b) the agenda; and
(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
Minister”) shall be entitled—
(a) to attend the meeting; and
(b) to participate (see section 52C) in the meeting so far as it relates
to that matter.
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(3) An appropriate Minister may nominate another Minister or junior
Minister—
(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,
but a person may not be nominated under this subsection without his
consent.
(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—
(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,
and a notification under paragraph (b) shall include the name of the
person nominated.
(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
deputy First Minister acting jointly shall nominate a Minister or junior
Minister—
(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.
(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
(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
junior Ministers (including where appropriate alternative
nominations) as they consider necessary to ensure such crosscommunity
participation in either Council as is required by the Belfast
Agreement.
(8) Subsection (9) applies in relation to any matter included in the agenda
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.
(9) The First Minister and the deputy First Minister acting jointly shall also
be entitled—
(a) to attend the meeting; and
(b) to participate in the meeting so far as it relates to that matter.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Part 2 — Amendments of the Northern Ireland Act 1998 etc
14
(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
Ireland.
52B Section 52A: duty to attend Council meetings etc
(1) It shall be a Ministerial responsibility of—
(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,
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.
(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,
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
meeting—
(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
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
decisions of the Assembly or the Executive Committee (by virtue of
section 20) which are relevant to his participation in the Council
concerned.
(7) In this section “appropriate Minister”, in relation to a meeting of the
North-South Ministerial Council or the British-Irish Council, has the
same meaning as in section 52A.
52C Sections 52A and 52B: 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.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Part 2 — Amendments of the Northern Ireland Act 1998 etc
15
(2) A Minister or junior Minister who participates in a meeting of either the
North-South Ministerial Council or the British-Irish Council by virtue
of any provision of section 52A or 52B shall, as soon as reasonably
practicable after the meeting, make a report—
(a) to the Executive Committee; and
(b) to the Assembly.
(3) A report under subsection (2)(b) shall be made orally unless standing
orders authorise it to be made in writing.
(4) The Northern Ireland contributions towards the expenses of the
Councils shall be defrayed as expenses of the Office of the First Minister
and deputy First Minister.
(5) In sections 52A and 52B and this section “participate” shall be
construed—
(a) in relation to the North-South Ministerial Council, in
accordance with paragraphs 5 and 6 of Strand Two of the Belfast
Agreement;
(b) in relation to the British-Irish Council, in accordance with the
first paragraph 5 of Strand Three of that Agreement.”
Miscellaneous
13 Community designation
In section 4 of the 1998 Act (transferred, excepted and reserved matters), after
subsection (5) insert—
“(5A) Standing orders of the Assembly shall provide that a member of the
Assembly designated in accordance with the standing orders as a
Nationalist, as a Unionist or as Other may change his designation only
if—
(a) (being a member of a political party) he becomes a member of a
different political party or he ceases to be a member of any
political party;
(b) (not being a member of any political party) he becomes a
member of a political party.”
14 Power of Executive Committee to call for witnesses and documents
After section 28B of the 1998 Act insert—
“Executive Committee: further provisions
28C Power of Executive Committee to call for witnesses and documents
Section 44 applies to the Executive Committee as it applies to the
Assembly, but as if—
(a) in subsection (1), for “any person” there were substituted “a
senior officer of a Northern Ireland department (within the
meaning given by Article 2(3) of the Departments (Northern
Ireland) Order 1999)”;
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Part 2 — Amendments of the Northern Ireland Act 1998 etc
16
(b) at the end of that subsection there were inserted “but only in so
far as they are matters in relation to which the Executive
Committee’s functions under section 20(3) or (4) are
exercisable”;
(c) subsection (6) were omitted; and
(d) in subsection (7), for “The Presiding Officer” there were
substituted “The First Minister and the deputy First Minister
acting jointly”.”
15 Strategies relating to Irish language and Ulster Scots language etc
After section 28C of the 1998 Act insert—
“28D Strategies relating to Irish language and Ulster Scots language etc
(1) The Executive Committee shall adopt a strategy setting out how it
proposes to enhance and protect the development of the Irish language.
(2) The Executive Committee shall adopt a strategy setting out how it
proposes to enhance and develop the Ulster Scots language, heritage
and culture.
(3) The Executive Committee—
(a) must keep under review each of the strategies; and
(b) may from time to time adopt a new strategy or revise a
strategy.”
16 Strategy relating to poverty, social exclusion etc
After section 28D of the 1998 Act insert—
“28E Strategy relating to poverty, social exclusion etc
(1) The Executive Committee shall adopt a strategy setting out how it
proposes to tackle poverty, social exclusion and patterns of deprivation
based on objective need.
(2) The Executive Committee—
(a) must keep under review the strategy; and
(b) may from time to time adopt a new strategy or revise the
strategy.”
17 Vacancy in the Assembly
In Schedule 6 to the 1998 Act (which makes certain provision about standing
orders), after paragraph 4 insert—
“Votes in vacancy
5 The standing orders may include provision enabling a right to vote
in the Assembly which could have been exercised but for a vacancy
in the membership of the Assembly to be exercisable in such manner
as is so provided.”
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Part 2 — Amendments of the Northern Ireland Act 1998 etc
17
18 Report on progress towards devolution of policing and justice matters
(1) The Northern Ireland Assembly must make a report to the Secretary of State
before 27 March 2008—
(a) as to the preparations that the Assembly has made, and intends to
make, having regard to paragraph 7 of the St Andrews Agreement, for
or in connection with policing and justice matters ceasing to be
reserved matters;
(b) as to which matters are likely to be the subject of any request under
section 4(2A) of the 1998 Act that policing and justice matters should
cease to be reserved matters;
(c) containing an assessment of whether the Assembly is likely to make
such a request before 1 May 2008.
(2) The Secretary of State must lay a copy of the report before each House of
Parliament.
(3) Paragraph 7 of the St Andrews Agreement says:
“Discussions on the devolution of policing and justice have progressed
well in the Preparation for Government Committee. The Governments
have requested the parties to continue these discussions so as to agree
the necessary administrative arrangements to create a new policing and
justice department. It is our view that implementation of the agreement
published today should be sufficient to build the community
confidence necessary for the Assembly to request the devolution of
criminal justice and policing from the British Government by May
2008.”
(4) In this section “policing and justice matter” has the meaning given by section
4(6) of the 1998 Act (as inserted by section 16(5) of the Northern Ireland
(Miscellaneous Provisions) Act 2006 (c. 33)) and “reserved matter” has the
meaning given by section 4(1) of the 1998 Act.
(5) In section 16(3) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in
the inserted section 4(2A) of the 1998 Act, for “devolved policing and justice
matter” substitute “policing and justice matter”.
(6) In section 16(5) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in
the inserted section 4(6) of the 1998 Act, for ““devolved policing and justice
matter”” substitute ““policing and justice matter””.
(7) In section 17(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in
the inserted section 21A(8)(b) of the 1998 Act, for “devolved policing and
justice matter” substitute “policing and justice matter”.
(8) The subject-matter of subsections (1) and (2) is to be treated as a reserved
matter for the purposes of the 1998 Act.
19 Minor and consequential amendments
Schedule 7 (minor and consequential amendments relating to Part 2) has effect.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Part 3 — Other amendments
18
PART 3
OTHER AMENDMENTS
Policing
20 District policing partnerships
(1) Schedule 8 (reconstitution of district policing partnerships) has effect.
(2) Schedule 9 (district policing partnerships: Belfast sub-groups) has effect.
Education
21 Amendment of Education (Northern Ireland) Order 2006 etc
(1) In Article 1 of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915
(N.I. 11)), in paragraph (6), for sub-paragraphs (a) and (b) substitute—
“(a) if Schedule 4 to the Northern Ireland (St Andrews Agreement)
Act 2006 comes into force, on such date as the Department may
by order appoint;
(b) if Schedule 3 to that Act comes into force, on the date on which
that Schedule comes into force;”.
(2) In Article 16 of the Education (Northern Ireland) Order 1997 (S.I. 1997/866
(N.I. 5)) (as substituted by Article 28(1) of the 2006 Order), in paragraph (5), in
the opening words, after “a secondary school” insert “or of a secondary school
of a specified description”.
(3) The amendment made by subsection (2) shall come into force if (and only if)
Schedule 4 comes into force.
(4) If the amendment comes into force in accordance with subsection (3), it shall
come into force on 28 March 2007.
(5) If Schedule 3 comes into force, subsections (2) to (4) shall be repealed on the
date on which that Schedule comes into force.
PART 4
SUPPLEMENTAL
22 Repeal of the 2006 Act
The 2006 Act is repealed.
23 Power to make consequential provision etc
(1) The Secretary of State may by order made by statutory instrument make—
(a) any supplementary, incidental or consequential provision, and
(b) any transitional or saving provision,
that he considers necessary or expedient for the purposes of, in consequence of,
or for giving full effect to, any provision of this Act.
(2) An order under this section may in particular—
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Part 4 — Supplemental
19
(a) make different provision for different cases or purposes;
(b) amend, repeal or revoke any enactment passed or made on or before
28 March 2007.
(3) In this section “enactment” includes—
(a) any of sub-paragraphs (1) to (8) of paragraph 2 of Schedule 4,
(b) any provision of, or of any instrument made under, Northern Ireland
legislation, and
(c) any provision of subordinate legislation (within the meaning of the
Interpretation Act 1978 (c. 30)).
24 Parliamentary procedure for orders under section 23
(1) Subsections (3) to (7) have effect in the case of a statutory instrument which
contains (alone or with other provisions) an order under section 23 which
amends or repeals any provision of—
(a) an Act, or
(b) Northern Ireland legislation.
(2) Any other statutory instrument containing an order under that section shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.
(3) A statutory instrument of a description mentioned in subsection (1) may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.
(4) But subsection (3) does not apply if the order declares that the Secretary of State
considers it expedient for the order to be made without that approval.
(5) An order containing a declaration under subsection (4)—
(a) must be laid before Parliament after being made, and
(b) ceases to have effect if it is not approved by a resolution of each House
of Parliament before the end of the period of 40 days beginning with the
date on which it is made.
(6) Subsection (5)(b) does not prejudice—
(a) anything done as a result of the order before it ceased to have effect, or
(b) the making of a new order.
(7) In calculating the period of 40 days mentioned in subsection (5)(b), no account
is to be taken of any time during which Parliament is dissolved or prorogued
or during which both Houses are adjourned for more than four days.
25 Interpretation
In this Act—
“the 1998 Act” means the Northern Ireland Act 1998 (c. 47);
“the 2000 Act” means the Northern Ireland Act 2000 (c. 1);
“the 2006 Act” means the Northern Ireland Act 2006 (c. 17);
“First Minister”, “deputy First Minister” and “Northern Ireland Minister”
have the same meaning as in the 1998 Act;
“restoration order” means a restoration order under section 2(2) of the
2000 Act (order restoring devolved government);
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Part 4 — Supplemental
20
“the St Andrews Agreement” means the agreement reached on 13 October
2006 at multi-party talks on Northern Ireland held at St Andrews;
“the Transitional Assembly” has the meaning given by section 1(1) of this
Act.
26 Extent
(1) The following provisions of this Act extend to Northern Ireland only—
(a) section 20 and Schedules 8 and 9;
(b) section 21.
(2) Subject to that, this Act extends to England and Wales, Scotland and Northern
Ireland.
27 Commencement
(1) Schedules 2 to 4 shall only come into force in the circumstances specified in,
and in accordance with, section 2.
(2) Subject to paragraph 3(1)(b) of Schedule 3, section 3(1) shall come into force on
26 January 2007.
(3) The following provisions shall come into force on such day as the Secretary of
State may by order made by statutory instrument appoint, and different days
may be appointed for different purposes—
(a) section 4;
(b) section 20(1) and Schedule 8.
(4) Part 2 (including Schedules 5 to 7) shall come into force if (and only if) the
Secretary of State makes a restoration order by virtue of section 2(2).
(5) If that Part comes into force in accordance with subsection (4), it shall come into
force on 26 March 2007.
(6) Section 20(2) and Schedule 9 shall come into force in accordance with provision
made by an order under section 19(2) of the Police (Northern Ireland) Act 2003
(c. 6).
(7) Section 21(2) shall only come into force in the circumstances specified in, and
in accordance with, subsections (3) and (4) of that section.
(8) Subject to that, this Act shall come into force on the day on which it is passed.
28 Short title
This Act may be cited as the Northern Ireland (St Andrews Agreement) Act
2006.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 1 — The Transitional Assembly
21
SCHEDULE S
SCHEDULE 1 Section 1
THE TRANSITIONAL ASSEMBLY
Meetings
1 (1) Meetings are to be held at such times and places as the presiding officer or
any deputy presiding officer of the Transitional Assembly may notify to the
members; and a meeting of the Transitional Assembly must be held on
24 November 2006.
(2) But the Secretary of State may at any time direct that meetings are instead to
be held at such times and places as may be specified in the direction.
Proceedings
2 (1) Proceedings are to be conducted in accordance with standing orders (see
paragraph 9).
(2) But the Secretary of State may at any time direct that proceedings are instead
to be conducted in accordance with the direction.
Nominations for First Minister and deputy First Minister
3 (1) The proceedings to be conducted by the Transitional Assembly shall include
the making of nominations from among its members of persons to hold
office as First Minister and deputy First Minister on the restoration of
devolved government in Northern Ireland.
(2) Such nominations may be made notwithstanding section 1(4) of, and
paragraph 5 of the Schedule to, the 2000 Act.
Draft Ministerial Code
4 (1) The proceedings to be conducted by the Transitional Assembly shall include
the preparation and consideration of a draft Ministerial Code.
(2) If the Transitional Assembly approves the draft Ministerial Code (with or
without amendments) before 24 March 2007, the approved draft Ministerial
Code shall become the Ministerial Code for the purposes of section 28A of
the 1998 Act on 26 March 2007.
(3) Any approval under sub-paragraph (2) requires cross-community support
(see paragraph 11).
(4) The draft Ministerial Code approved under sub-paragraph (2)—
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 1 — The Transitional Assembly
22
(a) must comply with the requirements of subsections (5) to (8) of
section 28A of the 1998 Act (to be inserted in that Act by section 5 of
this Act), and
(b) may include other provisions.
(5) But if the Transitional Assembly has not approved the draft Ministerial Code
(with or without amendments) before 24 March 2007—
(a) the Secretary of State must prepare a draft Ministerial Code in
accordance with sub-paragraph (6), and
(b) that draft Ministerial Code shall become the Ministerial Code for the
purposes of section 28A of the 1998 Act on 26 March 2007.
(6) The draft Ministerial Code referred to in sub-paragraph (5) must, so far as
practicable, be—
(a) in the form of any parts of the draft Ministerial Code that have been
approved by the Transitional Assembly under sub-paragraph (2)
(with or without amendments) before 24 March 2007;
(b) otherwise, in the form of the former Ministerial Code,
and must comply with the requirements of subsections (5) to (8) of section
28A of the 1998 Act.
(7) In this paragraph “the former Ministerial Code” means the Ministerial Code
which—
(a) was approved by the Executive Committee of the Northern Ireland
Assembly, and
(b) applied to members of the Executive Committee immediately before
the most recent suspension of that Assembly by virtue of section 1 of
the 2000 Act.
Draft standing orders for Northern Ireland Assembly
5 (1) The proceedings to be conducted by the Transitional Assembly shall include
the preparation and consideration of draft standing orders for the Northern
Ireland Assembly.
(2) If the Transitional Assembly approves the draft standing orders (with or
without amendments) before 24 March 2007, the approved draft standing
orders shall become the standing orders of the Northern Ireland Assembly
on 26 March 2007.
(3) Any approval under sub-paragraph (2) requires cross-community support.
(4) But if the Transitional Assembly has not approved the draft standing orders
(with or without amendments) before 24 March 2007—
(a) the Secretary of State must prepare draft standing orders in
accordance with sub-paragraph (5), and
(b) those draft standing orders shall become the standing orders of the
Northern Ireland Assembly on 26 March 2007.
(5) Subject to sub-paragraph (7), the draft standing orders referred to in subparagraph
(4) must, so far as practicable, be—
(a) in the form of any parts of the draft standing orders that have been
approved by the Transitional Assembly under sub-paragraph (2)
(with or without amendments) before 24 March 2007;
(b) otherwise, in the form of the former standing orders.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 1 — The Transitional Assembly
23
(6) In this paragraph “the former standing orders” means the standing orders of
the Northern Ireland Assembly as they had effect immediately before the
most recent suspension of that Assembly by virtue of section 1 of the 2000
Act.
(7) The draft standing orders approved under sub-paragraph (2) or the draft
standing orders prepared in accordance with sub-paragraph (5)—
(a) must comply with the requirements of the 1998 Act (as it is to have
effect on and after 26 March 2007), and
(b) may include other provisions.
Presiding officer
6 (1) The Transitional Assembly shall have—
(a) a presiding officer, and
(b) no more than three deputy presiding officers.
(2) The person who is the presiding officer of the Assembly (see sub-paragraph
(8)) immediately before the time at which this Schedule comes into force
shall become the presiding officer of the Transitional Assembly at that time.
(3) Each person who is a deputy presiding officer of the Assembly immediately
before that time shall become a deputy presiding officer of the Transitional
Assembly at that time.
(4) Subject to sub-paragraphs (5) to (7), the Transitional Assembly may elect a
person—
(a) to fill any vacancy in the office of presiding officer or deputy
presiding officer, or
(b) to replace a presiding officer or deputy presiding officer who
appears to members of the Transitional Assembly to be unable, unfit
or unwilling to perform his functions (whether because of illness or
otherwise).
(5) A person shall not be elected under sub-paragraph (4) without crosscommunity
support.
(6) If it appears to the Secretary of State that—
(a) a vacancy has arisen in the office of presiding officer or deputy
presiding officer of the Transitional Assembly, and
(b) the vacancy has not been filled within a period of two weeks
beginning with the day on which the vacancy arose,
the Secretary of State may appoint a person to fill the vacancy.
(7) If it appears to the Secretary of State that—
(a) a presiding officer or deputy presiding officer of the Transitional
Assembly has become unable, unfit or unwilling to perform his
functions (whether because of illness or otherwise), and
(b) the officer has not been replaced within a period of two weeks
beginning with the day on which the officer became unable, unfit or
unwilling to perform his functions,
the Secretary of State may appoint a person to replace the officer.
(8) In this paragraph “the Assembly” means the Assembly established under
paragraph 1 of Schedule 1 to the 2006 Act.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 1 — The Transitional Assembly
24
Staff etc
7 (1) The Secretary of State must secure the provision of the services of such staff,
the use of such premises and such other facilities as he thinks appropriate.
(2) Expenditure incurred by the Secretary of State by virtue of this paragraph is
to be paid out of the Consolidated Fund of Northern Ireland.
Privilege
8 A written or oral statement made by a member in or for the purposes of the
Transitional Assembly is to be privileged from action for defamation unless
it is proved to have been made with malice.
Standing orders
9 (1) In this Schedule (other than in paragraph 5) “standing orders” means
standing orders of the Transitional Assembly.
(2) The initial standing orders shall be determined by the Secretary of State and
notified to the presiding officer or any deputy presiding officer of the
Transitional Assembly.
(3) The initial standing orders may be added to or amended by the Secretary of
State by notification to the presiding officer or any deputy presiding officer
of the Transitional Assembly; but no addition or amendment may be made
under this sub-paragraph to the extent that it is inconsistent with anything
done by the Transitional Assembly under sub-paragraph (4).
(4) The initial standing orders may be amended or replaced by the Transitional
Assembly, but standing orders shall not be made, amended or repealed by
the Transitional Assembly without cross-community support.
(5) The provision that may be made by standing orders includes provision
which corresponds, or is similar, to—
(a) any provision of standing orders made (or treated as made) under
section 41 of the 1998 Act, or
(b) any provision of directions made by the Secretary of State under
paragraph 4 of Schedule 1 to the 2006 Act.
(6) The provision that may be made by standing orders also includes provision
that may be made under paragraph 5 of Schedule 6 to the 1998 Act (to be
inserted in that Act by section 17 of this Act).
(7) The provision that may be made by standing orders for the purposes of the
nominations referred to in paragraph 3 above includes provision which
corresponds, or is similar, to any provision of sections 16A to 16C of the
1998 Act (to be inserted in that Act by section 8 of this Act).
(8) The standing orders may provide for further nominations to be made if any
nomination made by virtue of paragraph 3 above ceases to have effect, by
virtue of the standing orders, at any time before 26 March 2007.
Members to be deemed to have signed roll of membership etc
10 (1) Each person who was a member of the Assembly (see sub-paragraph (3))
immediately before the time at which this Schedule comes into force shall be
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 1 — The Transitional Assembly
25
deemed to have signed the roll of membership of the Transitional Assembly
at that time in accordance with standing orders.
(2) Each such person shall be deemed to have designated himself at that time in
accordance with standing orders—
(a) as a Nationalist (if, immediately before that time, he was designated
as a Nationalist for the purposes of the Assembly);
(b) as a Unionist (if, immediately before that time, he was designated as
a Unionist for the purposes of the Assembly);
(c) otherwise, as Other.
(3) In this paragraph “the Assembly” means the Assembly established under
paragraph 1 of Schedule 1 to the 2006 Act.
Meaning of “cross-community support”
11 (1) In this Schedule “cross-community support”, in relation to a vote on any
matter, means—
(a) the support of a majority of the members voting, a majority of the
designated Nationalists voting and a majority of the designated
Unionists voting, or
(b) the support of 60% of the members voting, 40% of the designated
Nationalists voting and 40% of the designated Unionists voting.
(2) In sub-paragraph (1)—
“designated Nationalist” means a member designated as a Nationalist
in accordance with standing orders, and
“designated Unionist” is to be construed accordingly.
SCHEDULE 2 Section 2(2)
RESTORATION OF DEVOLVED GOVERNMENT ON 26 MARCH 2007
Introduction
1 In this Schedule “the restoration order” means the restoration order made by
virtue of section 2(2).
The Ministerial offices
2 (1) Subsections (2) to (7) of section 3 of the 2000 Act do not apply in relation to
the restoration order (and, accordingly, no person who immediately before
the most recent suspension held an office mentioned in any of those
subsections shall resume that office on 26 March 2007).
(2) On 26 March 2007—
(a) the First Minister designate shall, subject to sub-paragraph (4),
become the First Minister, and
(b) the deputy First Minister designate shall, subject to sub-paragraph
(4), become the deputy First Minister,
(and section 16A of the 1998 Act does not apply).
(3) In sub-paragraph (2)—
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 2 — Restoration of devolved government on 26 March 2007
26
“the First Minister designate” means the person whose nomination by
virtue of paragraph 3 of Schedule 1 to this Act to hold office as First
Minister has effect immediately before 26 March 2007;
“the deputy First Minister designate” means the person whose
nomination by virtue of that paragraph to hold office as deputy First
Minister has effect immediately before that date.
(4) But the persons whose nominations so have effect shall not take up office
until each of them has affirmed the terms of the pledge of office (within the
meaning given by section 16C(14) of the 1998 Act).
(5) On 26 March 2007, the Ministerial offices to be held by Northern Ireland
Ministers shall be filled by applying section 18(2) to (6) of the 1998 Act (and
section 16A of the 1998 Act does not apply).
(6) But for that purpose, section 18 of that Act shall have effect as if the
reference, in the definition of “S” in subsection (5) of that section, to the day
on which the Assembly first met following its election were a reference to the
first day on which the Transitional Assembly met after 7 March 2007.
(7) In this paragraph “the most recent suspension” means the most recent
suspension of the Northern Ireland Assembly by virtue of section 1 of the
2000 Act.
Presiding Officer and deputy Presiding Officer
3 (1) The person who is presiding officer of the Transitional Assembly
immediately before 26 March 2007 shall be deemed to have been elected as
Presiding Officer of the Northern Ireland Assembly under section 39(1) of
the 1998 Act on that date (and, accordingly, any person who is a deputy
Presiding Officer of the Northern Ireland Assembly immediately before that
date shall cease to hold office under section 39(2) of that Act on that date).
(2) Each person who is a deputy presiding officer of the Transitional Assembly
immediately before 26 March 2007 shall be deemed to have been elected as
a deputy Presiding Officer of the Northern Ireland Assembly under section
39(1) of the 1998 Act on that date.
Restoration order: supplementary provisions
4 (1) The provision that may be made by the restoration order by virtue of section
7(2) of the 2000 Act includes provision—
(a) for treating things done (or treated as done) under or by virtue of this
Act as having been done under or by virtue of the 1998 Act;
(b) for treating things done (or treated as done) by or in relation to the
Transitional Assembly (or members of that Assembly) as having
been done by or in relation to the Northern Ireland Assembly (or
members of that Assembly).
(2) Section 2(3) of the 2000 Act (taking account of review under Validation,
Implementation and Review section of Belfast Agreement) does not apply in
relation to the restoration order.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 2 — Restoration of devolved government on 26 March 2007
27
Modification of section 29(3) of the 1998 Act and paragraph 7(7) of Schedule 1 to the Police
(Northern Ireland) Act 2000
5 (1) This paragraph applies in relation to the first occasion on or after 26 March
2007 on which the offices of chairmen and deputy chairmen of the statutory
committees are to be filled in accordance with standing orders made under
section 29 of the 1998 Act.
(2) That section (and those standing orders) shall have effect as if the reference,
in the definition of “S” in subsection (3) of that section (and in those standing
orders), to the day on which the Assembly first met following its election
were a reference to the first day on which the Transitional Assembly met
after 7 March 2007.
6 (1) This paragraph applies in relation to the first occasion on or after 26 March
2007 on which the political members of the Northern Ireland Policing Board
are to be nominated in accordance with paragraph 7 of Schedule 1 to the
Police (Northern Ireland) Act 2000 (c. 32).
(2) That paragraph shall have effect as if the reference, in the definition of “S” in
sub-paragraph (7) of that paragraph, to the day on which the Assembly first
met following its election were a reference to the first day on which the
Transitional Assembly met after 7 March 2007.
Repeal of certain provisions of this Act on 26 March 2007
7 The following provisions of this Act are repealed—
(a) section 1(1) and (2), and
(b) Schedule 1.
SCHEDULE 3 Section 2(1) or (4)
NON-COMPLIANCE WITH ST ANDREWS AGREEMENT TIMETABLE
Dissolution of Northern Ireland Assembly
1 If this Schedule comes into force before 30 January 2007 or after 7 March
2007, the Northern Ireland Assembly shall be dissolved on the date on which
it comes into force.
Postponement of next Northern Ireland Assembly election
2 (1) In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections
and dissolutions), for subsection (2) substitute—
“(2) The date of the poll for the election of the Assembly next following
the current Assembly shall be a date to be specified in an order made
by the Secretary of State.
In this subsection “the current Assembly” means—
(a) if Schedule 3 to the Northern Ireland (St Andrews
Agreement) Act 2006 comes into force on or before 7 March
2007, the Assembly elected at the poll on 26 November 2003;
(b) otherwise, the Assembly elected at the poll on 7 March 2007.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 3 — Non-compliance with St Andrews Agreement timetable
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—
(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
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,
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
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,
(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.
SCHEDULE 4 Section 2(5)
REPEAL OF THE NORTHERN IRELAND ACT 2000 ON 28 MARCH 2007
Repeal of the 2000 Act on 28 March 2007
1 The 2000 Act is repealed.
Repeal of the 2000 Act: supplementary provisions
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.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 4 — Repeal of the Northern Ireland Act 2000 on 28 March 2007
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
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.
(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
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).
(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
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
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—
“(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) Act 2006 (c. 53)
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—
“(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—
(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
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
“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)”.
(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)
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
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.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
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
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 In paragraph 3 (department in the charge of Minister approved by
resolution of Assembly: provisions relating to relevant Minister), in subparagraph
(1), for “(a) to (e)” substitute “(b) to (e)”.
11 After paragraph 4 insert—
“Modification of section 16A
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
(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
“(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—
“(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
(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
Minister), in sub-paragraph (1), for “(a) to (e)” substitute “(b) to (e)”.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers
32
SCHEDULE 6 Section 9
DEPARTMENT WITH POLICING AND JUSTICE FUNCTIONS: NOMINATION ETC OF MINISTERS
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 subparagraph
(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
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers
33
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 subparagraph
(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 subparagraph
(3A); or
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers
34
(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 subparagraph
(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
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers
35
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 Section 19
MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 2
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 (St Andrews Agreement) Act 2006 (c. 53)
Schedule 7 — Minor and consequential amendments relating to Part 2
36
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 Section 20(1)
RECONSTITUTION OF DISTRICT POLICING PARTNERSHIPS
Introduction
1 (1) Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) has effect subject
to this Schedule.
(2) In this Schedule—
“the Board” means the Northern Ireland Policing Board;
“the commencement date” means the date on which this Schedule
comes into force;
“the council”, in relation to a DPP, means the district council by which
the DPP is established;
“district council” has the same meaning as in the Local Government Act
(Northern Ireland) 1972 (c. 9 (N.I.));
“DPP” means a district policing partnership;
“independent appointment date”, in relation to a DPP, means the date
published by the Board under paragraph 4(2) of this Schedule;
“independent member”, in relation to a DPP, means a member
appointed under paragraph 2(3)(b), (4)(b) or (5)(b) of Schedule 3 to
the Police (Northern Ireland) Act 2000;
“political appointment date”, in relation to a DPP, means the date
published by the council under paragraph 3(2) of this Schedule;
“political member”, in relation to a DPP, means a member appointed
under paragraph 2(3)(a), (4)(a) or (5)(a) of Schedule 3 to the Police
(Northern Ireland) Act 2000.
Report on whether DPPs meet the political condition
2 (1) The Board must comply with the requirements of this paragraph within a
period of 15 days beginning with the commencement date.
(2) The Board must consider whether the political condition is met in relation to
each DPP.
(3) The Board must submit to the Secretary of State a report on each DPP—
(a) stating whether or not, in the view of the Board, the political
condition is met in relation to the DPP, and
(b) setting out its reasons for that view.
(4) The Board must provide to each district council a copy of the report so far as
the report relates to the DPP established by that council.
(5) The Board must publish a list of the DPPs which, in its view, do not meet the
political condition.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 8 — Reconstitution of district policing partnerships
37
(6) For the purposes of this paragraph the political condition is met in relation
to a DPP if the political members of the DPP reflect, so far as practicable, the
balance of parties prevailing among the members of the council on the
commencement date.
(7) For the purposes of this paragraph an independent member of a council
shall be treated as a party.
Appointment of political members of DPPs which do not meet the political condition
3 (1) This paragraph applies in relation to each DPP specified in the list published
under paragraph 2(5).
(2) The council must publish notice of the date which is to be the political
appointment date in relation to the DPP.
(3) Notice under sub-paragraph (2) must be published in such manner as
appears to the council appropriate for bringing it to the attention of
interested persons.
(4) The political appointment date in relation to a DPP must be a date no later
than three months after the date on which the list is published.
(5) Each person who is a political member of the DPP on the day before the
political appointment date shall cease to hold office at the end of that day.
(6) On the political appointment date, the council must appoint political
members of the DPP in accordance with Schedule 3 to the Police (Northern
Ireland) Act 2000 (c. 32); but for this purpose paragraph 3(1) of that Schedule
is to have effect as if, for “immediately after the last local general election”
there were substituted “on the date on which Schedule 8 to the Northern
Ireland (St Andrews Agreement) Act 2006 comes into force”.
(7) A person who ceases to hold office as a political member by virtue of subparagraph
(5) shall be eligible for re-appointment.
(8) Where a political member of the DPP ceases to hold office at any time during
the period—
(a) beginning with the date on which the list is published, and
(b) ending with the day before the political appointment date,
no appointment shall be made to fill the casual vacancy.
(9) Where a person ceases to hold office as chairman of the DPP during that
period, no appointment shall be made before the political appointment date
to fill the vacancy in the office.
Appointment of independent members of DPPs which do not meet the political condition
4 (1) This paragraph applies in relation to each DPP specified in the list published
under paragraph 2(5).
(2) The Board must publish notice of the date which is to be the independent
appointment date in relation to the DPP.
(3) Notice under sub-paragraph (2) must be published in such manner as
appears to the Board appropriate for bringing it to the attention of interested
persons.
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 8 — Reconstitution of district policing partnerships
38
(4) Each person who is an independent member of the DPP on the day before
the independent appointment date shall cease to hold office at the end of
that day.
(5) On the independent appointment date, the Board must appoint independent
members of the DPP in accordance with Schedule 3 to the Police (Northern
Ireland) Act 2000 (c. 32).
(6) A person who ceases to hold office as an independent member by virtue of
sub-paragraph (4) shall be eligible for re-appointment.
(7) Where an independent member of the DPP ceases to hold office at any time
during the period—
(a) beginning with the date on which the list is published, and
(b) ending with the day before the independent appointment date,
no appointment shall be made to fill the casual vacancy.
(8) Where a person ceases to hold office as vice-chairman of the DPP during that
period, no election shall be conducted before the independent appointment
date to fill the vacancy in the office.
Supplementary provisions
5 (1) Section 15 of the Police (Northern Ireland) Act 2000 shall apply in relation to
a failure by a district council to comply with any provision of this Schedule
as it applies in relation to a failure by a district council to comply with any
provision of Schedule 3 to that Act.
(2) Paragraph 6 of Schedule 3 to that Act shall apply in relation to any functions
of a district council or the Board under this Schedule as it applies in relation
to any functions of a district council or the Board under paragraphs 4 and 5
of that Schedule.
SCHEDULE 9 Section 20(2)
DISTRICT POLICING PARTNERSHIPS: BELFAST SUB-GROUPS
Introduction
1 In paragraph 13 of Schedule 1 to the Police (Northern Ireland) Act 2003 (c. 6),
(Belfast), the inserted Schedule 3A to the Police (Northern Ireland) Act 2000
is amended as follows.
Effect of local government election on membership of sub-group
2 (1) In paragraph 1, after sub-paragraph (1) insert—
“(1A) In this Schedule, in relation to a sub-group and the holding of a
local general election—
“the transitional period” means the period—
(a) beginning with the election day; and
(b) ending with the day before the reconstitution date;
“reconstitution date” means the date published by notice of
the Board under paragraph 4(2A).”
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 9 — District policing partnerships: Belfast sub-groups
39
(2) In paragraph 3(3), for “date of the local general election” substitute “day
before the reconstitution date”.
(3) At the end of paragraph 3 add—
“(7) Where a political member ceases to hold office at any time during
the transitional period, no appointment shall be made to fill the
casual vacancy; and paragraph 2 and sub-paragraph (1) of this
paragraph shall have effect subject to this sub-paragraph.”
(4) In paragraph 4, after sub-paragraph (2) insert—
“(2A) Where, following a local general election, the Board has completed
the appointment of the independent members of the sub-group for
a police district, it shall publish notice of the date which is to be the
reconstitution date in relation to the sub-group for that police
district.
(2B) Notice under sub-paragraph (2A) shall be published in such
manner as appears to the Board appropriate for bringing it to the
attention of interested persons.”
(5) In paragraph 4(4), for “date of the local general election” substitute “day
before the reconstitution date”.
(6) At the end of paragraph 4 add—
“(8) Where an independent member ceases to hold office at any time
during the transitional period, no appointment shall be made to
fill the casual vacancy; and paragraph 2 and sub-paragraphs (1)
and (2) of this paragraph shall have effect subject to this subparagraph.”
Removal of members of sub-group from office
3 In paragraph 7(1) (removal of members of sub-group), for head (c)
substitute—
“(c) he has been convicted in Northern Ireland or elsewhere
after the date of his appointment of a criminal offence
(whether committed before or after that date);”.
Chairman and vice-chairman of sub-group
4 For paragraph 9 (chairman and vice-chairman of sub-group) substitute—
“Chairman and vice-chairman
9 (1) For each sub-group there shall be a chairman appointed by the
council from among the political members.
(2) In making appointments to the office of chairman, the council
shall ensure that, so far as is practicable—
(a) a person is appointed to that office for a term of 12 months
at a time or, where that period is shorter than 18 months,
for a period ending with the reconstitution date next
following his appointment;
Northern Ireland (St Andrews Agreement) Act 2006 (c. 53)
Schedule 9 — District policing partnerships: Belfast sub-groups
40
(b) that office is held in turn by each of the four largest parties
represented on the council immediately after the last local
general election.
(3) Subject to the following provisions of this paragraph, a person
shall hold and vacate office as chairman in accordance with the
terms of his appointment.
(4) A person may at any time resign as chairman by notice in writing
to the council.
(5) If the chairman ceases to be a member of the sub-group, he shall
also cease to hold office as chairman.
9A (1) For each sub-group there shall be a vice-chairman elected by the
independent members from among such members.
(2) The election of a vice-chairman shall be conducted in accordance
with procedures determined by the sub-group under paragraph
14(4).
(3) Subject to the following provisions of this paragraph, a person
shall hold and vacate office as vice-chairman in accordance with
such terms as the Board may determine.
(4) In determining terms under sub-paragraph (3), the Board shall
ensure that, so far as is practicable, a person holds office as vicechairman
for a term of 12 months at a time or, where that period is
shorter than 18 months, for a period ending with the
reconstitution date next following his election to that office.
(5) A person may at any time resign as vice-chairman by notice in
writing to the Board.
(6) If the vice-chairman ceases to be a member of the sub-group, he
shall also cease to hold office as vice-chairman.”