OpenLegislation

Paragraph 2

(1)

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

(2)

After sub-paragraph (3) insert—

“(3A)

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

(3)

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

“; or

(d)

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

(4)

After sub-paragraph (10) insert—

“(10A)

If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of sub-paragraph (10),—

(a)

the total number of Ministerial offices held by members of a political party increases; or

(b)

the total number of Ministerial offices held by members of a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.

(10B)

But sub-paragraph (10A) shall not apply if—

(a)

the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and

(b)

before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer.

(10C)

The conditions are that—

(a)

the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the relevant Ministerial office but consent to his nomination was not given in accordance with sub-paragraph (3A); or

(b)

the member was nominated under sub-paragraph (3) for the relevant Ministerial office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.”

(5)

After sub-paragraph (13) insert—

“(14)

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

Notes on Schedule 6

Commencement

I1

Sch. 6 in force at 8.5.2007, see s. 2(2), 27(4)(5) (as amended by 2007 c. 4, s. 1); S.I. 2007/1397, arts. 2, 3