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Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016

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This is the original version (as it was originally enacted).

SCHEDULES

Section 6

SCHEDULE 1MINISTERIAL APPOINTMENTS: TRANSITIONAL PROVISION

Application

1(1)This Schedule applies if a determination made under section 17(1) of the Northern Ireland Act 1998 takes effect during the relevant Ministerial appointment period.

(2)That includes a determination required by section 17(2) of the Northern Ireland Act 1998.

Provisions under which Ministerial offices are to be filled

2(1)Section 18(1) of the Northern Ireland Act 1998 and paragraph 3D(1) and (2)(a) of Schedule 4A to that Act shall not (as a result of the determination under section 17(1) taking effect) apply for the purposes of filling the Ministerial offices held by Northern Ireland Ministers.

(2)Section 16A(3)(aa) and (b) of the Northern Ireland Act 1998 shall continue to apply for those purposes (to find section 16A(3)(aa), see paragraph 3B of Schedule 4A to that Act).

Interpretation

3(1)In this Schedule the “relevant Ministerial appointment period” means the period of 14 days specified in section 16A(3) of the Northern Ireland Act 1998 (as amended by section 6(1) of this Act) beginning with the first meeting of the Assembly elected at the 2016 election.

(2)But, if all the Ministerial offices held by Northern Ireland Ministers are filled before the end of those 14 days, the relevant Ministerial appointment period ends with the day on which the last of those offices is filled.

(3)In this paragraph “2016 election” means the election held in 2016 in accordance with section 31(1) of the Northern Ireland Act 1998.

Section 8

SCHEDULE 2UNDERTAKING BY ASSEMBLY MEMBERS: TRANSITIONAL PROVISION

Application

1Section 40A of the Northern Ireland Act 1998 (inserted by section 8 of this Act) has effect subject to this Schedule in its application to the members of the Northern Ireland Assembly who are elected at the 2016 election.

Procedure for giving undertaking

2(1)Section 40A(2) does not apply to the procedure for giving the undertaking.

(2)Instead, that procedure (the “transitional procedure”) is to be determined by the person who (under the Assembly’s standing orders) takes the chair at the first meeting of the new Assembly.

(3)That person—

(a)must determine the transitional procedure as soon as is practicable after taking the chair at the first meeting of the new Assembly, and

(b)must communicate the transitional procedure to members of the new Assembly as soon as is practicable after it is determined.

(4)The transitional procedure must secure that a member of the new Assembly has the opportunity to give the undertaking before he or she signs the Assembly’s Roll of Membership (under the Assembly’s standing orders).

(5)A member of the new Assembly may not sign the Assembly’s Roll of Membership (under the Assembly’s standing orders) unless he or she has given the undertaking in accordance with the transitional procedure.

Interpretation

3In this Schedule—

  • “2016 election” means the election held in 2016 in accordance with section 31(1) of the Northern Ireland Act 1998;

  • “new Assembly” means the Assembly elected at the 2016 election;

  • “undertaking” means the undertaking to be given in accordance with section 40A of the Northern Ireland Act 1998.

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