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Commencement Information
I1Sch. 6 in force on 26.3.2007 if (and only if) the Secretary of State makes a restoration order by virtue of s. 2(2), see s. 27(4)(5)
2(1)Paragraph 3 (provisions relating to relevant Minister) is amended as follows.U.K.
(2)After sub-paragraph (3) insert—
“(3A)But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.”
(3)In sub-paragraph (9), at the end insert “; or
(d)where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal.”
(4)After sub-paragraph (10) insert—
“(10A)If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of sub-paragraph (10),—
(a)the total number of Ministerial offices held by members of a political party increases; or
(b)the total number of Ministerial offices held by members of a political party decreases,
all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.
(10B)But sub-paragraph (10A) shall not apply if—
(a)the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and
(b)before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer.
(10C)The conditions are that—
(a)the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for the relevant Ministerial office but consent to his nomination was not given in accordance with sub-paragraph (3A); or
(b)the member was nominated under sub-paragraph (3) for the relevant Ministerial office and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.”
(5)After sub-paragraph (13) insert—
“(14)In this paragraph “nominating officer” has the same meaning as in section 18.”