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Northern Ireland Act 1998

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Northern Ireland Act 1998, Section 16B is up to date with all changes known to be in force on or before 22 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act modified (cond.) by 2006 c. 17 Sch. 2 para. 2(5) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)

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  • s. 27(4A) inserted by 2018 c. 16 Sch. 3 para. 56(5)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 17 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 53 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk to legislation.gov.uk. It is a conditional amendment that was never brought into force. Sch. 3 repealed (10.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), s. 2(5) (as amended by 2007 c. 4, s. 1(1)), Sch. 4 para. 3 (with s. 1(3)); S.I. 2007/1397, art. 2)
  • s. 31(2E) inserted (cond.) by 2006 c. 17 Sch. 3 para. 3(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • Sch. 2 para. 9B inserted by 2009 c. 8 s. 27 (This amendment not applied to legislation.gov.uk. The amending provision was repealed (16.2.2011) without ever being in force by 2010 c. 36, ss. 2(1), 4(2))

[F116BVacancies in the office of First Minister or deputy First MinisterU.K.

(1)The First Minister or the deputy First Minister—

(a)may at any time resign by notice in writing to the Presiding Officer; and

(b)shall cease to hold office if he ceases to be a member of the Assembly otherwise than by virtue of a dissolution.

(2)If either the First Minister or the deputy First Minister ceases to hold office at any time, whether by resignation or otherwise, the other—

(a)shall also cease to hold office at that time; but

(b)may continue to exercise the functions of his office until immediately before those offices are filled in accordance with this section.

(3)Where the offices of the First Minister and the deputy First Minister become vacant at any time, they shall be filled by applying subsections (4) to (7) within a period of seven days beginning with that time.

(4)The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.

(5)The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.

(6)If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).

(7)Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.

(8)But no person may take up office as First Minister or deputy First Minister under this section after the end of the period mentioned in subsection (3) (see further section 32(3)).

(9)The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.

(10)This section shall be construed in accordance with, and is subject to, section 16C.]

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