SCHEDULES

SCHEDULE 6U.K.Department with policing and justice functions: nomination etc of Ministers

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)

Department in the charge of Minister approved by resolution of AssemblyU.K.

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.”