SCHEDULES
I1SCHEDULE 6Department with policing and justice functions: nomination etc of Ministers
Department in the charge of Minister approved by resolution of Assembly
2
1
Paragraph 3 (provisions relating to relevant Minister) is amended as follows.
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.
Sch. 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)