OpenLegislation

Paragraph 3

(1)

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

(2)

After sub-paragraph (3) insert—

“(3A)

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

(3)

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

“; or

(d)

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

(4)

After sub-paragraph (10) insert—

“(10A)

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

(a)

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

(b)

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

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

(10B)

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

(a)

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

(b)

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

(10C)

The conditions are that—

(a)

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

(b)

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

(5)

After sub-paragraph (13) insert—

“(14)

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

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