http://www.legislation.gov.uk/ukpga/1998/47/section/16CNorthern Ireland Act 1998An Act to make new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883.1998-11-19texttext/xmlenStatute Law Database2026-01-30Expert Participation2026-01-29 Northern Ireland Act 1998ActNorthern Ireland Act 2006Northern Ireland Act 2006 (repealed)Sch. 2 para. 2(5)s. 1(3)Northern Ireland Act 1998s. 31(2)-(2D)Northern Ireland Act 2006Northern Ireland Act 2006 (repealed)Sch. 3 para. 2(1)s. 1(3)Northern Ireland Act 1998s. 31(2)-(2D)Northern Ireland (St Andrews Agreement) Act 2006Sch. 3 para. 2(1)s. 1(3)Northern Ireland Act 1998s. 31(2E)Northern Ireland Act 2006Northern Ireland Act 2006 (repealed)Sch. 3 para. 3(1)s. 1(3)Northern Ireland Act 1998Sch. 2 para. 9BSaving Gateway Accounts Act 2009s. 27s. 31 Part III16C1In sections 16A and 16B and this section “nominating officer”, in relation to a party, means—athe person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party's nominating officer; orba member of the Assembly nominated by him for the purposes of this section.2For the purposes of sections 16A and 16B and this section—athe size of a political party is to be determined by reference to the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election; butbif two or more parties are taken by virtue of paragraph (a) to be of the same size, the respective sizes of those parties is to be determined by reference to the number of first preference votes cast for the parties at the last general election of members of the Assembly;(this is subject to subsections (7) and (8)).3For the purposes of sections 16A and 16B and this section, a political party to which one or more members of the Assembly belong is to be taken—ato be of the political designation “Nationalist” if, at the relevant time (see subsection (11)), more than half of the members of the Assembly who belonged to the party were designated Nationalists;bto be of the political designation “Unionist” if, at the relevant time, more than half of the members of the Assembly who belonged to the party were designated Unionists;cotherwise, to be of the political designation “Other”.4For the purposes of sections 16A and 16B and this section—athe size of the political designation “Nationalist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Nationalists;bthe size of the political designation “Unionist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Unionists;cthe size of the political designation “Other” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were neither designated Nationalists nor designated Unionists.5But if two or more political designations are taken by virtue of subsection (4) to be of the same size, the respective sizes of those designations is to be determined by reference to the aggregate number of first preference votes cast, at the last general election of members of the Assembly, for members of the Assembly who, at the relevant time, were—adesignated Nationalists (in the case of the political designation “Nationalist”);bdesignated Unionists (in the case of the political designation “Unionist”); orcneither designated Nationalists nor designated Unionists (in the case of the political designation “Other”).6If at any time the party which is the largest political party of the largest political designation is not the largest political party—aany nomination to be made at that time under section 16A(4) or 16B(4) shall instead be made by the nominating officer of the largest political party; andbany nomination to be made at that time under section 16A(5) or 16B(5) shall instead be made by the nominating officer of the largest political party of the largest political designation.7Where—athe Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; andbthe party's period of exclusion (see subsection (12)) under that provision has not come to an end,subsection (2)(a) above shall have effect as if the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election was nil.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Where—aa person nominated by the nominating officer of a political party ceased to hold office as First Minister or deputy First Minister as a result of a resolution of the Assembly under section 30(2)...; andbthe party's period of exclusion under section 30(2) ... subsequently comes to an end otherwise than by virtue of the dissolution of the Assembly,the First Minister and the deputy First Minister shall cease to hold office when the party's period of exclusion under that provision comes to an end ....10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11In this section “the relevant time” means the end of the day on which the Assembly first met following its election.12In this section, a reference to a period of exclusion ... is, in the case of a period of exclusion ... which has been extended, a reference to that period as extended.13Standing orders may make further provision in connection with the making of nominations under sections 16A and 16B.14In this Act “the pledge of office” means the pledge of office which, together with the code of conduct to which it refers, is set out in Schedule 4.Pts. II-IV applied in part (1.1.2007) by The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (S.R. 2006/439), reg. 53(6)Ss. 16A-16C substituted (8.5.2007) for s. 16 by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 8(1), 27(4)(5) (as amended by Northern Ireland (St Andrews Agreement) Act 2007 (c. 4), s. 1(1)) (with s. 1(3)): S.I. 2007/1397, art. 2S. 16C(10) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(v)Words in s. 16C(12) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(vi)Words in s. 16C(9)(b) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(iii)S. 16C(8) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(i)Words in s. 16C(9) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(iv)Words in s. 16C(9)(a) omitted (1.4.2011) by virtue of Northern Ireland (Monitoring Commission etc.) Act 2003 (Cessation of Provisions) Order 2011 (S.I. 2011/978), arts. 1(2), 5(a)(ii)