- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Northern Ireland (Monitoring Commission etc.) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Section 30 of the Northern Ireland Act 1998 (c. 47) (exclusion of Ministers from office) is amended as follows.
(2)In subsection (1) (exclusion of individual Minister), for “a period of twelve months beginning with the date of the resolution” there is substituted “ such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide ”.
(3)After that subsection there is inserted—
“(1A)The Assembly may, before a period of exclusion under subsection (1) comes to an end, by resolution extend it until the end of such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.”
(4)In subsection (2) (exclusion of members of party from holding office as Ministers or junior Ministers), for “a period of twelve months beginning with the date of the resolution” there is substituted “ such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide ”.
(5)For subsection (3) there is substituted—
“(3)The Assembly may, before a period of exclusion under subsection (2) comes to an end, by resolution extend it until the end of such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.”
(6)In subsection (4) (ending exclusion), after “A period of exclusion” there is inserted “ under subsection (1) or (2) ”.
(7)For subsections (6) and (7) there is substituted—
“(6)If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.
(7)In forming an opinion under subsection (6), the Secretary of State shall in particular take into account—
(a)whether the person or party concerned is committed to the use now and in the future of only democratic and peaceful means to achieve his or its objectives;
(b)whether he or it has ceased to be involved in any acts of violence or of preparation for violence;
(c)whether he or it is directing or promoting acts of violence by other persons;
(d)whether he or it is co-operating fully with any Commission of the kind referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997 in implementing the Decommissioning section of the Belfast Agreement; and
(e)any recommendation about steps the Assembly might consider taking which is contained in a report—
(i)made by the Commission mentioned in section 1 of the Northern Ireland (Monitoring Commission etc.) Act 2003, or
(ii)made under the agreement establishing that Commission by members of that Commission.”
(8)At the end there is inserted—
“(9)In this section a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.”
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: