Northern Ireland (Monitoring Commission etc.) Act 2003

6Secretary of State’s powers in exceptional circumstances

This section has no associated Explanatory Notes

After section 30A of the Northern Ireland Act 1998 (c. 47) there is inserted—

30BSecretary of State’s powers in exceptional circumstances

(1)Notwithstanding the provisions of section 30A, under exceptional circumstances the Secretary of State may by direction temporarily exclude a Minister or junior Minister.

(2)An exclusion under subsection (1) shall only remain in effect until either—

(a)a report from the Commission has been made; or

(b)the Assembly has considered a resolution under section 30(1) or (2); or

(c)a period of two weeks has elapsed.

(3)In subsection (1) “exceptional circumstances” include where—

(a)there is insufficient time for the Commission to make a report; and

(b)there is insufficient time for the Assembly to consider a resolution under section 30(1) or (2).

(4)A direction made under this section shall be in writing and shall be laid before Parliament after the direction is given.