Section 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.

C1(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.

Annotations

Modifications

C1: S. 2(2)-(5) specified particularly in retrospective modification of Act by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1