FLEMMING v. FINLAND

Section 47 of the Northern Ireland Act 1998 (salaries and allowances of members of the Northern Ireland Assembly) is amended as follows.

In subsections (1) and (2), for “the Assembly may from time to time determine” substitute “ may from time to time be determined ”.

After subsection (2) insert—

Omit subsections (3), (5) and (6).

For subsection (4) substitute—

Omit subsection (7).

In subsection (8), for “under this section” substitute “ of salaries or allowances by provision under subsection (2A)(a) ”.

After that subsection insert—

In subsection (9)(b), for “such an office as is mentioned in subsection (3)(a)” substitute “ an office within subsection (9A) ”.

After subsection (9) insert—

In subsection (10)(a), for “such an office as is mentioned in subsection (3)(a)(i) to (iii)” substitute “ office as a Minister or junior Minister, as Presiding Officer or deputy or as a member of the Northern Ireland Assembly Commission ”.

After subsection (10) insert—

In Schedule 4 to the Northern Ireland (St Andrews Agreement) Act 2006 (repeal of Northern Ireland Act 2000 and supplementary provision), in paragraph 2(1) for “The Northern Ireland Assembly may not make a determination under”” substitute “ No determination may be made under or by virtue of ”.

Any determination under section 47 of the Northern Ireland Act 1998 which is in force immediately before this section comes into force is to be treated as provision under section 47(2A)(a) of that Act; and if the determination does not make the provision required by section 47(4) (as substituted by this section) it has effect as if it made that provision.

Section 48 of the Northern Ireland Act 1998 (pensions etc. of members of the Northern Ireland Assembly) is amended as follows.

In subsection (1)(b), for “such an office as is mentioned in section 47(3)(a)” substitute “ an office within subsection (1A) ”.

After subsection (1) insert—

In subsection (3), in paragraph (a) of the definition of “provision”, after “Assembly” insert “ (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision) ”.

This Act may be cited as the Northern Ireland Assembly Members Act 2010.

This section comes into force on the day on which this Act is passed.

Sections 1 and 2 come into force on the day appointed by the Secretary of State by order made by statutory instrument.