Northern Ireland (St Andrews Agreement) Act 2006

Section 2(2)

SCHEDULE 2 E+W+S+N.I. Restoration of devolved government on 26 March 2007

Annotations:

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Commencement Information

I1 Sch. 2 in force on 26.3.2007 but only in the circumstances specified in, and in accordance with, s. 2 see ss. 2(1)(2), 27(1)

Introduction E+W+S+N.I.

1 In this Schedule “the restoration order” means the restoration order made by virtue of section 2(2). E+W+S+N.I.

The Ministerial offices E+W+S+N.I.

2 (1) Subsections (2) to (7) of section 3 of the 2000 Act do not apply in relation to the restoration order (and, accordingly, no person who immediately before the most recent suspension held an office mentioned in any of those subsections shall resume that office on 26 March 2007). E+W+S+N.I.

(2) On 26 March 2007—

(a) the First Minister designate shall, subject to sub-paragraph (4), become the First Minister, and

(b) the deputy First Minister designate shall, subject to sub-paragraph (4), become the deputy First Minister,

(and section 16A of the 1998 Act does not apply).

(3) In sub-paragraph (2)—

• “the First Minister designate” means the person whose nomination by virtue of paragraph 3 of Schedule 1 to this Act to hold office as First Minister has effect immediately before 26 March 2007;

• “the deputy First Minister designate” means the person whose nomination by virtue of that paragraph to hold office as deputy First Minister has effect immediately before that date.

(4) But the persons whose nominations so have effect shall not take up office until each of them has affirmed the terms of the pledge of office (within the meaning given by section 16C(14) of the 1998 Act).

(5) On 26 March 2007, the Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6) of the 1998 Act (and section 16A of the 1998 Act does not apply).

(6) But for that purpose, section 18 of that Act shall have effect as if the reference, in the definition of “S” in subsection (5) of that section, to the day on which the Assembly first met following its election were a reference to the first day on which the Transitional Assembly met after 7 March 2007.

(7) In this paragraph “the most recent suspension” means the most recent suspension of the Northern Ireland Assembly by virtue of section 1 of the 2000 Act.

Presiding Officer and deputy Presiding Officer E+W+S+N.I.

3 (1) The person who is presiding officer of the Transitional Assembly immediately before 26 March 2007 shall be deemed to have been elected as Presiding Officer of the Northern Ireland Assembly under section 39(1) of the 1998 Act on that date (and, accordingly, any person who is a deputy Presiding Officer of the Northern Ireland Assembly immediately before that date shall cease to hold office under section 39(2) of that Act on that date). E+W+S+N.I.

(2) Each person who is a deputy presiding officer of the Transitional Assembly immediately before 26 March 2007 shall be deemed to have been elected as a deputy Presiding Officer of the Northern Ireland Assembly under section 39(1) of the 1998 Act on that date.

Restoration order: supplementary provisions E+W+S+N.I.

4 (1) The provision that may be made by the restoration order by virtue of section 7(2) of the 2000 Act includes provision— E+W+S+N.I.

(a) for treating things done (or treated as done) under or by virtue of this Act as having been done under or by virtue of the 1998 Act;

(b) for treating things done (or treated as done) by or in relation to the Transitional Assembly (or members of that Assembly) as having been done by or in relation to the Northern Ireland Assembly (or members of that Assembly).

(2) Section 2(3) of the 2000 Act (taking account of review under Validation, Implementation and Review section of Belfast Agreement) does not apply in relation to the restoration order.

Modification of section 29(3) of the 1998 Act and paragraph 7(7) of Schedule 1 to the Police (Northern Ireland) Act 2000 E+W+S+N.I.

5 (1) This paragraph applies in relation to the first occasion on or after 26 March 2007 on which the offices of chairmen and deputy chairmen of the statutory committees are to be filled in accordance with standing orders made under section 29 of the 1998 Act. E+W+S+N.I.

(2) That section (and those standing orders) shall have effect as if the reference, in the definition of “S” in subsection (3) of that section (and in those standing orders), to the day on which the Assembly first met following its election were a reference to the first day on which the Transitional Assembly met after 7 March 2007.

6 (1) This paragraph applies in relation to the first occasion on or after 26 March 2007 on which the political members of the Northern Ireland Policing Board are to be nominated in accordance with paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32). E+W+S+N.I.

(2) That paragraph shall have effect as if the reference, in the definition of “S” in sub-paragraph (7) of that paragraph, to the day on which the Assembly first met following its election were a reference to the first day on which the Transitional Assembly met after 7 March 2007.

Repeal of certain provisions of this Act on 26 March 2007 E+W+S+N.I.

7 The following provisions of this Act are repealed— E+W+S+N.I.

(a) section 1(1) and (2), and

(b) Schedule 1.