Search Legislation

Northern Ireland Act 1998

Status:

This is the original version (as it was originally enacted).

18Northern Ireland Ministers

(1)Where—

(a)an Assembly is elected under section 31 or 32;

(b)a determination under section 17(1) takes effect;

(c)a resolution which causes one or more Ministerial offices to become vacant is passed under section 30(2);

(d)the period of exclusion imposed by a resolution under section 30(2) comes to an end; or

(e)such other circumstances obtain as may be specified in standing orders,

all Northern Ireland Ministers shall cease to hold office and the Ministerial offices shall be filled by applying subsections (2) to (6) within a period so specified.

(2)The nominating officer of the political party for which the formula in subsection (5) gives the highest figure may select a Ministerial office and nominate a person to hold it who is a member of the party and of the Assembly.

(3)If—

(a)the nominating officer does not exercise the power conferred by subsection (2) within a period specified in standing orders; or

(b)the nominated person does not take up the selected Ministerial office within that period,

that power shall become exercisable by the nominating officer of the political party for which the formula in subsection (5) gives the next highest figure.

(4)Subsections (2) and (3) shall be applied as many times as may be necessary to secure that each of the Ministerial offices is filled.

(5)The formula is—

Formula - S divided by (1 plus M)

where—

S

=

the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;

M

=

the number of Ministerial offices (if any) which are held by members of the party.

(6)Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.

(7)The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold a Ministerial office.

(8)A Northern Ireland Minister shall not take up office until he has affirmed the terms of the pledge of office.

(9)A Northern Ireland Minister shall cease to hold office if—

(a)he resigns by notice in writing to the First Minister and the deputy First Minister;

(b)he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or

(c)he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the Presiding Officer is notified of his dismissal.

(10)Where a Ministerial office is vacant otherwise than by virtue of subsection (1), the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.

(11)If—

(a)the nominating officer does not exercise the power conferred by subsection (10) within a period specified in standing orders; or

(b)the nominated person does not take up the office within that period,

the vacancy shall be filled by applying subsections (2) to (6) within a period specified in standing orders.

(12)Where—

(a)the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and

(b)the party’s period of exclusion has not come to an end,

the party shall be disregarded for the purposes of any application of subsections (2) to (6).

(13)In this section “nominating officer”—

(a)in relation to a party registered under the [1998 c. 48.] Registration of Political Parties Act 1998, means the registered nominating officer or a member of the Assembly nominated by him for the purposes of this section;

(b)in relation to any other political party, means the person who appears to the Presiding Officer to be the leader of the party, or a member of the Assembly nominated by that person for the purposes of this section.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources