SCHEDULES
SCHEDULE 4ADepartment with policing and justice functions
F2F1Part 1ADepartment in the charge of Minister approved by resolution of the Assembly by virtue of section 21A(3A)
Sch. 4A Pt. 1A inserted (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 1, 5, Sch. 1 para. 4(3)
3DProvisions relating to relevant Minister
1
Where any of the following conditions is satisfied—
a
the relevant Minister shall (if holding office at the time) cease to hold office, and
b
the relevant Ministerial office shall be filled by applying sub-paragraphs (4) to (8) within a period specified in standing orders.
2
The conditions are—
a
a determination under section 17(1) takes effect;
b
a resolution which causes the relevant Ministerial office to become vacant is passed under section 30(2);
c
a direction which causes the relevant Ministerial office to become vacant is given under section 30A(5);
d
a period of exclusion under section 30(2) or 30A(5) comes to an end (otherwise than by virtue of section 95A(6) or (7));
e
such other circumstances obtain as may be specified in standing orders for the purposes of section 18(1)(e) but only so far as standing orders provide for those circumstances to be applicable for the purposes of this sub-paragraph.
3
If relevant, the relevant Ministerial office shall be filled by applying sub-paragraphs (4) to (8) after section 18(2) to (6) is applied in relation to the other Ministerial offices.
4
One or more members of the Assembly may nominate another member of the Assembly to hold the relevant Ministerial office.
5
The nomination shall not take effect unless it is approved by a resolution of the Assembly passed with the support of—
a
a majority of the members voting on the motion for the resolution,
b
a majority of the designated Nationalists voting, and
c
a majority of the designated Unionists voting.
6
Once one member has been nominated, no further nominations may be made unless and until sub-paragraph (7) applies.
7
If—
a
the nomination does not take effect within a period specified in standing orders, or
b
the nominated person does not take up the office for which the person has been nominated within that period,
a further nomination of a member of the Assembly may be made under sub-paragraph (4).
8
Sub-paragraphs (4) to (7) shall be applied as many times as may be necessary to secure that the relevant Ministerial office is filled.
9
The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold the relevant Ministerial office.
10
The relevant Minister shall not take up office until the Minister has affirmed the terms of the pledge of office.
11
The relevant Minister shall cease to hold office if—
a
the Minister resigns by notice in writing to the First Minister and the deputy First Minister,
b
the Minister ceases to be a member of the Assembly otherwise than by virtue of a dissolution, or
c
the Assembly resolves that the Minister is to cease to hold office.
12
A resolution for the purposes of sub-paragraph (11)(c) must be passed with the support of—
a
a majority of the members voting on the motion for the resolution,
b
a majority of the designated Nationalists voting, and
c
a majority of the designated Unionists voting.
13
A motion for a resolution for the purposes of sub-paragraph (11)(c) shall not be moved unless—
a
it is supported by at least 30 members of the Assembly, or
b
it is moved by the First Minister and the deputy First Minister acting jointly.
14
If the relevant Minister ceases to hold office at any time, otherwise than by virtue of sub-paragraph (1), the relevant Ministerial office shall be filled by applying sub-paragraphs (4) to (8) within a period specified in standing orders.
15
Where—
a
the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence, and
b
the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (4).
16
Where—
a
the Secretary of State has given a direction under section 30A(5) in respect of a political party, and
b
the party's period of exclusion under that provision has not come to an end,
no member of that party may be nominated under sub-paragraph (4).
17
In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.
Sch. 4A inserted (11.3.2009) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 17, 31, Sch. 2 (as amended (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8, 9, 27, Sch. 5 paras. 8-14, Sch. 6 (with s. 1(3)); S.I. 2007/1397, art. 2 (which amending Act was itself amended (27.3.2007) by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)) and as amended (11.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 44, 53, Sch. 5 paras. 2, 3; S.I. 2009/446, art. 3); S.I. 2009/448, art. 2