Statutory Instruments
NORTHERN IRELAND
CONSTITUTIONAL LAW
Made
30th March 2006
Coming into force
31st March 2006
This Order is made in exercise of the powers conferred by paragraph 1(4) of the Schedule to the Northern Ireland Act 2000(1).
A draft of this Order has been laid before Parliament in accordance with section 7(4) of that Act and approved by a resolution of each House of Parliament.
Accordingly the Secretary of State makes the following Order:
1.—(1) This Order may be cited as the Northern Ireland Act 2000 (Modification) Order 2006 and shall come into force on the day after the day on which it is made.
(2) In article 2 “the current suspension period” means the period during which section 1 of the Northern Ireland Act 2000 continues in force, that period having commenced on 15th October 2002(2).
2. In relation to the current suspension period, paragraph 1(3) of the Schedule to the Northern Ireland Act 2000, as previously modified under paragraph 1(4) of that Schedule(3), is to have effect as if the number of months mentioned there were increased by six months.
Peter Hain
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
30 March 2006
(This note is not part of the Order)
While section 1 of the Northern Ireland Act 2000 (“the 2000 Act”) is in force, with the effect that the Northern Ireland Assembly is suspended, paragraph 1 of the Schedule to the 2000 Act allows legislation by Order in Council for any matter for which the Assembly may legislate under the terms of the Northern Ireland Act 1998 (c. 47). The power to legislate by Order in Council is limited to the first six months of any period during which section 1 of the 2000 Act is in force but may be extended by Order for a further period of up to six months at a time.
Section 1 of the 2000 Act was brought into force again by the Northern Ireland Act 2000 (Suspension of Devolved Government) Order 2002 (S.I. 2002/2574) on 15th October 2002. The six month period beginning on 15th October 2002 has been extended by six further six month periods. This Order extends the period which would apart from this Order expire at the end of 14th April 2006 by a further six months i.e. until the end of 14th October 2006. The power to legislate by Order in Council will, however, lapse if the Assembly is restored before that date.
Section 1 of the Northern Ireland Act 2000 was brought into force again on 15th October 2002 by S.I. 2002/2574.
S.I. 2003/1155 modified paragraph 1(3) of the Schedule so that the number of months mentioned was increased by six months. S.I. 2003/2592, S.I. 2004/1105, S.I. 2004/2505, S.I. 2005/868 and S.I. 2005/2046 modified paragraph 1(3) of the Schedule so that the number of months was increased by five further periods of six months.