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The Northern Ireland Act 2000 (Modification) Order 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110519833

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

northern ireland

constitutional law

Made 2005

Coming into force 2005

Whereas a draft of this Order has been approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by paragraph 1(4) of the Schedule to the Northern Ireland Act 2000f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2000 c. 1.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

(1)

This Order may be cited as the Northern Ireland Act 2000 (Modification) Order 2005 and shall come into force on the day after the day on which it is made.

(2)

In article 2 “the current suspension period” means the period during which section 1 of the Northern Ireland Act 2000 continues in force, that period having commenced on 15th October 2002f1.

2

In relation to the current suspension period, paragraph 1(3) of the Schedule to the Northern Ireland Act 2000, as previously modified under paragraph 1(4) of that Schedulef1, is to have effect as if the number of months mentioned there were increased by six months.

Signature

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

2005

Explanatory note

(This note is not part of the Order)

While section 1 of the Northern Ireland Act 2000 (“the 2000 Act”) is in force, with the effect that the Northern Ireland Assembly is suspended, paragraph 1 of the Schedule to the 2000 Act allows legislation by Order in Council for any matter for which the Assembly may legislate under the terms of the Northern Ireland Act 1998. The power to legislate by Order in Council is limited to the first six months of any period during which section 1 of the 2000 Act is in force but may be extended by Order for a further period of up to six months at a time.

Section 1 of the 2000 Act was brought into force again by the Northern Ireland Act (Suspension of Devolved Government) Order 2002 (S.I. 2002/2574) on 15th October 2002. The six month period beginning on 15th October 2002 has been extended by four further six month periods. This Order extends the period which would apart from this Order expire at the end of 14th April 2005 by a further six months i.e. until the end of 14th October 2005. The power to legislate by Order in Council will, however, lapse if the Assembly is restored before that date.