Schedule 1
17.The Schedule to the Act sets out how the functions of the Assembly and its Ministers and the Northern Ireland Departments will be discharged during a period of suspension. These are mostly technical provisions and are generally designed to return the operation of Northern Ireland matters to the way they were handled immediately prior to the devolution of power.
18.Paragraph 1 enables legislation that would normally be made by the Northern Ireland Assembly to be passed by Order in Council for the first six months of any suspension period. Sub-paragraph (4) allows the Secretary of State to increase that period in extensions of not more than six months at a time. Any order to extend the period would be subject to affirmative resolution by both Houses of Parliament.
19.Paragraph 2 sets out the Parliamentary controls that apply to Orders in Council under paragraph 1. Each Order in Council has to be debated and approved by Parliament either before it comes into force, or within 40 days of its being made. Paragraph 3 ensures that such Orders are included within references to Assembly legislation.
20.Under paragraph 4 the functions of the First and Deputy First Ministers fall to the Secretary of State to exercise and the functions of Northern Ireland Ministers to their Departments. Ministers in the Northern Ireland Office will assume responsibility for and control of the Northern Ireland Departments during the suspension period, under the direction of the Secretary of State. Paragraph 4(1)(d) removes temporarily the legislative obligation on the First and Deputy First Ministers to set up a consultative Civic Forum in Northern Ireland.
21.The remainder of paragraph 4, and paragraph 7, consist of technical provisions to ensure that the Secretary of State can take full responsibility and control of the functions of Northern Ireland Departments. They also provide that anything that would have needed to be put to the Assembly can be dealt with while the Assembly is suspended.
22.Paragraph 5 ensures that during a suspension period, the legislative provisions which would otherwise be triggered to fill vacancies occasioned by the First and Deputy First Minister and other office holders ceasing to hold office under section 1 do not operate.
23.Paragraph 8 suspends the Assembly Commission; its functions are exercisable by the Secretary of State. It also provides, under sub-paragraph 3, for any expenditure incurred by him as a result to be paid for by money provided by Parliament.
24.Under paragraph 9 the Secretary of State takes responsibility for Assembly salaries, pensions and other payments for the duration of the suspension period.
