Northern Ireland Act 1982

SCHEDULES

Section 2(5).

SCHEDULE 1 Suspension of Direct Rule

PART I General Suspension

1 Where an Order is made under section 2(l)(a) of this Act—

(a) the interim period referred to in subsection (3) of section 1 of the [1974 c. 28.] Northern Ireland Act 1974 shall expire on the coming into force of the Order ; but

(b) if the Order is revoked that period shall run again for the period of one year beginning with the date of revocation and may be continued thereafter as provided by subsection (4) of that section.

2 Where an Order under paragraph (a) of subsection (1) of section 2 of this Act comes into force at a time when one or more Orders are in force under paragraph (b) of that subsection the Order or Orders under paragraph (b) shall thereupon cease to have effect.

PART II Partial Suspension

Preliminary

3 (1) While an Order is in force under section 2(1)(b) of this Act the interim period referred to in subsection (3) of section 1 of the Northern Ireland Act 1974 shall continue without the need for any order under subsection (4) of that section ; and if an Order under section 2(1)(b) of this Act is revoked (and no other Order under that provision is in force) that period shall further continue as aforesaid for the period of one year beginning with the date of revocation.

(2) In this Part of this Schedule—

• " the relevant order " means the Order under section 2(l)(i) of this Act;

• " the specified matters " and " the specified department" mean the transferred matters and the Northern Ireland department (or each Northern Ireland department) in relation to which the relevant order is in force ;

• " Schedule 1 " means Schedule 1 to the Northern Ireland Act 1974.

Legislative functions

4 (1) While the relevant order is in force—

(a) paragraph 1(1)(a) of Schedule 1 shall not preclude the Assembly from passing Measures ; but

(b) transferred matters other than the specified matters shall be treated for the purposes of sections 5 and 6 of the Constitution Act as if they were reserved matters.

(2) It is hereby declared for the avoidance of doubt that the Assembly may, as part of its power to legislate for the specified matters, pass Measures appropriating moneys for the services administered by the specified department or charging sums on, or providing for the payment of sums into, the Consolidated Fund of Northern Ireland in respect of the specified matters.

Executive functions

5 (1) Notwithstanding paragraph 2(l)(a) of Schedule 1 the Secretary of State may under section 8(1) of the Constitution Act appoint—

(a) a person to be head of the specified department while the relevant order is in force; and

(b) a person to assist the person appointed as mentioned in paragraph (a) above.

(2) Subsections (2), (5) and (6) of section 8 of the Constitution Act (appointments to Northern Ireland Executive and appointment of persons who are not members of the Assembly etc.) shall not apply to any appointment made by virtue of sub-paragraph (1) above.

(3) While the relevant order is in force paragraph 2(1)(b) and (2) of Schedule 1 shall not apply to the specified department.

Subordinate instruments, etc.

6 (1) While the relevant order is in force paragraph 3(1) to (6) of Schedule 1 shall not apply in relation to the specified matters.

(2) For the purposes of this paragraph an instrument shall not be treated as not relating to the specified matters by reason only that it requires the consent or concurrence of a Northern Ireland department other than the specified department or that it contains provisions creating offences or imposing penalties.

Parliamentary Commissioner and Commissioner for Complaints

7 (1) Paragraph 4(1) of Schedule 1 shall not apply to any report which relates only to matters that are the responsibility of the specified department at the time when the report is made.

(2) Where, apart from this sub-paragraph, a report to which the said paragraph 4(1) applies would relate both—

(a) to such matters as are mentioned in sub-paragraph (1) above ; and

(b) to other matters,

the report shall be made in separate parts relating to those matters respectively and the said paragraph 4(1) shall apply only to the part dealing with the matters referred to in paragraph (b) above.

Accounts

8 (1) Paragraph 5(1) of Schedule 1 shall not apply to any accounts or reports required by any provision of the [1972 c. 2 (N.I.).] Exchequer and Audit Act (Northern Ireland) 1921 (other than section 10) which relate to—

(a) the specified department; and

(b) a period for which the relevant order is in force ;

and where any such accounts or reports relate to a financial year of which only part falls within the period mentioned in paragraph (b) above the accounts or reports shall be prepared separately for that part and for the remainder of the financial year in question.

(2) Notwithstanding paragraph 5(3) of Schedule 1 the functions of any such committee as is there mentioned shall extend to the application of moneys by the specified department during the period for which the relevant order is in force.

Section 6.

SCHEDULE 2 Amendments of Constitution and Assembly Acts

Appointment of heads of Northern Ireland departments and members of the Northern Ireland Executive

1 In section 8 of the Constitution Act for subsections (1) to (7) there shall be substituted—

“(1) The Secretary of State may on behalf of Her Majesty appoint—

(a) persons to be heads of the Northern Ireland departments ; and

(b) persons to discharge such other functions as he may determine.

(2) The Secretary of State may likewise appoint all or any of the persons appointed under subsection (1) above to be members of the Northern Ireland Executive and, if he thinks fit, one of those persons to preside over the Executive as chief executive member.

(3) The total number of persons at any time holding appointments under this section shall not exceed thirteen but the Secretary of State may by an order made by statutory instrument increase or further increase that number and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subject to subsections (5) and (6) below, appointments under this section—

(a) shall be from among persons who are members of the Assembly; and

(b) shall be such as will in the opinion of the Secretary of State command widespread acceptance throughout the community.

(5) Without prejudice to subsection (6) below, two of the persons at any time holding appointments under this section may be persons who were not appointed from among members of the Assembly but not more than one of them shall be the head of a Northern Ireland department.

(6) If at any time it appears to the Secretary of State that it is not possible to make an appointment which complies with the requirements of subsection (4) above he may make an appointment which does not comply with those requirements but any person so appointed shall not hold office for more than six months.

(7) Before making any appointment under this section (otherwise than by virtue of subsection (6) above) the Secretary of State shall so far as practicable consult with the parties represented in the Assembly and take into account any proposals submitted to him under section 1 of the Northern Ireland Act 1982.”

Abolition of statutory consultative committees

2 In the Constitution Act—

(a) section 7(4) (which requires the head of a Northern Ireland department to consult with a consultative committee of the Assembly established in relation to that department); and

(b) section 25(4) to (7) (which requires the standing orders of the Assembly to provide for the establishment of such consultative committees),

shall cease to have effect.

Privileges and remuneration of the Assembly

3 (1) Section 26 of the Constitution Act shall be amended as follows.

(2) For subsection (1) there shall be substituted—

“(1) Subject to subsection (1A) below and to any provision made by Measure, the powers, privileges and immunities of the Assembly and of its members and committees shall be the same as those for the time being held and enjoyed by the House of Commons and its members and committees.

(1A) Neither the Assembly nor its committees shall have power—

(a) to require any person to give evidence, or to produce any papers, relating to any matter other than one in respect of which the Assembly has power to pass a Measure not requiring the consent of the Secretary of State; or

(b) to require any person to give evidence, or to produce any papers, relating to any matter which is or has been within his responsibility as a Minister of the government of the United Kingdom or as an officer of a department under the control of any such Minister.”

(3) After subsection (2) there shall be inserted—

“(2A) An Order in Council under subsection (2) above increasing the salaries or allowances payable to members of the Assembly may be made with retrospective effect.”

4 The matters referred to in section 26(IA)(b) of the Constitution Act include any matter which is or has been within the responsibility of the Secretary of State by virtue of paragraph 2 of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 or within the responsibility of an officer of a Northern Ireland department under the control of the Secretary of State by virtue of that paragraph.

Dissolution and prorogation of Assembly

5 (1) Section 27 of the Constitution Act shall be amended as follows.

(2) For subsections (2) to (4) there shall be substituted—

“(2) Any Assembly elected following the dissolution of its predecessor by Order in Council shall by virtue of this sub­section be dissolved on the fourth anniversary of the day appointed for the election of the members of that Assembly; and any Assembly elected otherwise than as aforesaid shall by virtue of this subsection be dissolved on the fourth anniver­sary of the dissolution of its predecessor.

(3) If, apart from this subsection, the date of dissolution under subsection (2) above would fallon a Saturday, Sunday, public holiday or bank: holiday it shall fallon the next subse­quent day which is not a Saturday, Sunday, public holiday or bank holiday.

In this subsection "bank holiday" means a day which by virtue of the [1971 c. 80.] Banking and Financial Dealings Act 1971 is a bank holiday in Northern Ireland.

(4) The Secretary of State may by order direct that any date of dissolution under subsection (2) above shall, instead of being determined in accordance with that subsection and subsection (3) above, be a date specified in the order, being a date falling not more than two months before or after the date so determined.”

(3) For subsection (6) there shall be substituted—

“(6) Her Majesty may by Order in Council prorogue or further prorogue the Assembly.”

Power to legislate by Order in Council for reserved and other matters

6 (1) Section 38 of the Constitution Act shall be amended as follows.

(2) In subsection (1) for paragraph (b) there shall be substituted—

“(b) any reserved matter.”

(3) In subsection (2) the words "passed before this Act" shall be omitted.

(4) For subsection (5) there shall be substituted—

“(5) Subject to subsection (6) below, no recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been approved by resolution of each House of Parliament.

(6) Subsection (5) above does not apply to an Order in Council which—

(a) is made under subsection (1)(b) above; and

(b) declares that it has been made to appear to Her Majesty that by reason of urgency the Order requires to be made without a draft having been approved as mentioned in subsection (5) above;

but any such Order shall be laid before Parliament after being made and, if at the end of the period of forty days after the date on which it is made the Order has not been ap'proved by resolution of each House, shall then cease to have effect (but without prejudice to anything previously done under the Order o,r to the making of a new Order).

In reckoning the period mentioned in this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(7) References to Measures in any enactment or instrument shall, so far as the context permits, be deemed to include references to Orders in Council under paragraph (b) of sub­section (1) above; and Orders in Council under that paragraph may be omitted from any annual edition of statutory instruments required to be prepared under regulations made by virtue of section 8 of the [1946 c. 36.] Statutory Instruments Act 1946.”

7 (1) No recommendation shall be made to Her Majesty to make an Order in Council under section 38(1)(b) of the Constitution Act during the interim period referred to in section 1(3) of the [1974 c. 28.] Northern Ireland Act 1974.

(2) Orders in Council under section 38(1)(b) of the Constitution Act shall not be regarded as subordinate legislation for the purposes of section 23(1) or (2) of the [1978 c. 30.] Interpretation Act 1978 but shall be Northern Ireland legislation for the purposes of section 24 of that Act.

Power to make consequential amendments

8 In section 39(1) of the Constitution Act the reference to that Act and an Order under section 3 of that Act shall include a reference to this Act and any Order under section 2 or 5(3) of this Act.

Excepted matters

9 In paragraph 15 of Schedule 2 to the Constitution Act—

(a) after the words " the Northern Ireland Assembly Act 1973 or this Act" there shall be inserted the words "or by the [1974 c. 28.] Northern Ireland Act 1974 or the Northern Ireland Act 1982 ";

(b) after the words " an Order in Council under section 6(4) or (5), 38 or 39 of this Act" there shall be inserted the words " or under paragraph 1 of Schedule 1 to the said Act of 1974".

Costs of Assembly elections

10 Section 4(2) of the [1973 c. 17.] Northern Ireland Assembly Act 1973 shall apply also to any subsequent election of members of the Assembly, including bye-elections.

Alteration of number of members to be returned by constituencies

11 In the Schedule to the Northern Ireland Assembly Act 1973 for the number of members specified in relation to each of the constituencies mentioned in the first column of the following Table there shall be substituted the number of members specified in relation to that constituency in the second column of that Table.

TABLE

Constituency	Substituted number of members to be returned
East Belfast	6
North Belfast	5
South Belfast	5
West Belfast	4
North Antrim	8
South Antrim	10
Armagh	7
North Down	8
South Down	7
Fermanagh and South Tyrone	5
Londonderry	7
Mid Ulster	6

Section 7(3).

SCHEDULE 3 Repeals

Chapter	Short Title	Extent of Repeal
1973 c. 17.	The Northern Ireland Assembly Act 1973.	Section 1(3), (5) and (6).
		Section 2(1) and (2).
		Section 4(1).
1973 c. 36.	The Northern Ireland Constitution Act 1973.	Section 7(4).
		Section 13(4).
		Section 25(4) to (7).
		Section 26(8) and (9).
		In section 27, subsection (1) and in subsection (7) the words " (1)0) or".
		In section 38(2) the words " passed before this Act".
1973 c. 69.	The Northern Ireland Constitution (Amendment) Act 1973.	In section 1, subsection (1) and in subsection (2) the words following the semi-colon.
1974 c. 28.	The Northern Ireland Act 1974.	Section 1(2).
		Section 2.
		Schedule 2.
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.	In Schedule 2, paragraph 3.