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Northern Ireland Act 1998

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Commencement Orders bringing legislation that affects this Act into force:

Section 95A(10)

[F1SCHEDULE 12AE+W+S+N.I.Effect of application of section 95A(6) or (7)

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Directions under section 30A(5): Northern Ireland Ministers and junior MinistersE+W+S+N.I.

1(1)Paragraphs 2 to 4 apply where a direction under section 30A(5) ceases to have effect under section 95A(6) or (7).E+W+S+N.I.

(2)In those paragraphs “the relevant time” means the time when the direction so ceases to have effect.

2(1)A person who holds office as a Northern Ireland Minister or junior Minister immediately before the relevant time shall cease at the relevant time to hold that office if another person—E+W+S+N.I.

(a)held that office immediately before the direction was given, but

(b)ceased to hold it by reason of his being excluded by the direction.

(2)That other person shall fill the vacancy if he remains eligible to hold that office.

3If—E+W+S+N.I.

(a)an office of Northern Ireland Minister or junior Minister is vacant immediately before the relevant time, and

(b)immediately before the direction was given that office was held by a person who ceased to hold it by reason of his being excluded by the direction,

that person shall fill the vacancy if he remains eligible to hold that office.

4Section 18(10) (and section 18(11)), and any provision made under section 19(3)(a) for the filling of vacancies, shall have effect subject to paragraphs 2 and 3.E+W+S+N.I.

Directions under section 30A(2) or (5): the First Minister and deputy First MinisterE+W+S+N.I.

5(1)Paragraphs 6 to 8 apply where a direction under section 30A(2) or (5) ceases to have effect under section 95A(6) or (7).E+W+S+N.I.

(2)In those paragraphs—

  • the relevant time” means the time when the direction so ceases to have effect;

  • the relevant offices” means the office of First Minister and the office of deputy First Minister.

6(1)Sub-paragraphs (2) to (4) apply where—E+W+S+N.I.

(a)as respects each of the relevant offices, the person who holds that office immediately before the relevant time did not hold it immediately before the direction was given, and

(b)as respects at least one of the relevant offices, the person who held that office immediately before the direction was given ceased to hold it by reason of his being excluded by the direction.

(2)The persons holding the relevant offices immediately before the relevant time shall cease at that time to hold those offices.

(3)As respects each of the relevant offices, the person (if any) who held that office immediately before the direction was given shall fill the vacancy in that office if—

(a)he remains eligible to hold that office, and

(b)the person who held the other of the relevant offices immediately before the direction was given remains eligible to hold it.

(4)If the vacancies in the relevant offices are filled under sub-paragraph (3), section [F216B(3) to (9)]F2 shall not apply by reason of the operation of sub-paragraph (2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

7(1)Sub-paragraphs (2) to (4) apply where—E+W+S+N.I.

(a)as respects one of the relevant offices, the person who holds it immediately before the relevant time held it immediately before the direction was given, and

(b)as respects the other of the relevant offices—

(i)the person who holds it immediately before the relevant time did not hold it immediately before the direction was given, and

(ii)the person who held it immediately before the direction was given ceased to hold it by reason of his being excluded by the direction.

(2)The person who holds the office mentioned in sub-paragraph (1)(b) immediately before the relevant time shall cease at that time to hold that office.

(3)The person who held that office immediately before the direction was given shall fill the vacancy in that office if he remains eligible to hold that office.

(4)If the vacancy in that office is filled under sub-paragraph (3), [F316B(2)]F3 shall not apply by reason of the operation of sub-paragraph (2).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

8(1)Sub-paragraphs (2) to (4) apply where—E+W+S+N.I.

(a)each of the relevant offices is vacant immediately before the relevant time as a result of having become vacant within [F4the period of seven days]F4 ending with that time, and

(b)as respects at least one of the relevant offices, the person who held it immediately before the direction was given ceased to hold it by reason of his being excluded by the direction.

(2)As respects each of the relevant offices, the person (if any) who held that office immediately before the direction was given shall fill the vacancy in that office if—

(a)he remains eligible to hold that office, and

(b)the person who held the other of the relevant offices immediately before the direction was given remains eligible to hold it.

(3)If the vacancies in the relevant offices are filled under sub-paragraph (2), no proceedings, or further proceedings, shall be taken under section [F516B(3) to (9)]F5 for the purpose of filling them.

(4)If those vacancies are not filled under that sub-paragraph, the proceedings [F6under section 16B(3) to (9)]F6 for the purpose of filling them shall be started afresh with the period [F7mentioned in section 16B(3)]F7 being taken for the purposes of this Act to begin with the relevant time.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Directions under section 47B or 51BE+W+S+N.I.

9(1)Sub-paragraphs (2) and (3) apply where a direction under section 47B or 51B ceases to have effect under section 95A(6) or (7).E+W+S+N.I.

(2)After the direction has so ceased to have effect, any determination—

(a)of the sums payable under section 47 or under the Financial Assistance for Political Parties Act (Northern Ireland) 2000, or

(b)of when any such sums become due,

shall be made as though the direction had never had effect.

(3)Payment shall be made of any sums which would have been paid but for the direction.

GeneralE+W+S+N.I.

10Where a direction under section 30A, 47B or 51B ceases to have effect under section 95A(6) or (7), its so ceasing to have effect does not prejudice—E+W+S+N.I.

(a)anything done in reliance on the direction while it had effect;

(b)the making of a new direction.]

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