Northern Ireland (Miscellaneous Provisions) Act 2014

8 Appointment of Justice Minister

(1) Part 1A of Schedule 4A to the Northern Ireland Act 1998 (department with policing and justice functions) is amended as follows.

(2) For paragraph 3B (modification of section 16A) substitute—

“3B Section 16A(3) has 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 1A of Schedule 4A) shall be filled by applying paragraph 3D(4) to (8) 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).””

(3) In paragraph 3C (section 18 not to apply to relevant Minister)—

(a) the existing provision becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) But the reference to Ministerial offices in subsection (5) of that section (in the definition of M) shall be taken to include the relevant Ministerial office.”

(4) Paragraph 3D (provisions relating to relevant Minister) is amended in accordance with subsections (5) to (8).

(5) In sub-paragraph (3), after “after” insert “section 16B(3) to (7) is applied in relation to the offices of First Minister and deputy First Minister but before”.

(6) After sub-paragraph (4) insert—

“(4A) 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 the nomination within a period specified in standing orders.”

(7) In sub-paragraph (11)—

(a) omit the “or” at the end of paragraph (b) and after that paragraph insert—

“(ba) where consent to the Minister’s nomination was required under sub-paragraph (4A), the Minister is dismissed by the nominating officer of the party and the Presiding Officer is notified of the dismissal, or”;

(b) at the beginning of paragraph (c) insert “where consent to the Minister’s nomination was not required under sub-paragraph (4A),”.

(8) After sub-paragraph (17) insert—

“(18) In this paragraph and paragraph 3E “nominating officer” has the same meaning as in section 18.”