Part V

NSMC, BIC, BIIC etc.

North-South Ministerial Council and British-Irish Council
52A
1
The First Minister and the deputy First Minister acting jointly shall, as far in advance of each meeting of the North-South Ministerial Council or the British-Irish Council as is reasonably practicable, give to the Executive Committee and to the Assembly the following information in relation to the meeting—
a
the date;
b
the agenda; and
c
(once determined under this section) the names of the Ministers or junior Ministers who are to attend the meeting.
2
Each Minister or junior Minister who has responsibility (whether or not with another Minister or junior Minister) in relation to any matter included in the agenda for a meeting of either Council (“appropriate Minister”) shall be entitled—
a
to attend the meeting; and
b
to participate (see section 52C) in the meeting so far as it relates to that matter.
3
An appropriate Minister may nominate another Minister or junior Minister—
a
to attend the meeting in place of the appropriate Minister; and
b
to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility,
but a person may not be nominated under this subsection without his consent.
4
Each appropriate Minister shall notify the First Minister and the deputy First Minister, as soon as reasonably practicable and in any event no later than 10 days before the date of the meeting, that—
a
he intends to attend the meeting;
b
he does not intend to attend the meeting but has nominated another person under subsection (3) to attend in his place; or
c
he does not intend to attend the meeting and he does not intend, or has not been able, to make such a nomination,
and a notification under paragraph (b) shall include the name of the person nominated.
5
If the appropriate Minister gives a notification under subsection (4)(c) (or if the First Minister and the deputy First Minister receive no notification from him under subsection (4)), the First Minister and the deputy First Minister acting jointly shall nominate a Minister or junior Minister—
a
to attend the meeting in place of the appropriate Minister; and
b
to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility.
6
In relation to a matter for which the First Minister and the deputy First Minister are the appropriate Ministers—
a
the notification to be made by each of them under subsection (4) shall be made to the other; and
b
if either of them (“A”) gives a notification under subsection (4)(c) (or if the other (“B”) receives no notification from A under subsection (4)), B (acting alone) shall make the nomination under subsection (5) in relation to A.
7
The First Minister and the deputy First Minister acting jointly shall make such nominations (or further nominations) of Ministers and junior Ministers (including where appropriate alternative nominations) as they consider necessary to ensure such cross-community participation in either Council as is required by the Belfast Agreement.
8
Subsection (9) applies in relation to any matter included in the agenda for a meeting of either Council if—
a
the First Minister and the deputy First Minister are not the appropriate Ministers in relation to the matter; but
b
the matter is one that ought, by virtue of section 20(3) or (4), to be considered by the Executive Committee.
9
The First Minister and the deputy First Minister acting jointly shall also be entitled—
a
to attend the meeting; and
b
to participate in the meeting so far as it relates to that matter.
10
In this section “
day
” does not include a Saturday, a Sunday, Christmas Day, Good Friday and any day which is a bank holiday in Northern Ireland.
Ss. 52A-52C substituted for s. 52 (8.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), ss. 12, 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. 2