Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022
The Northern Ireland Act 1998 is amended as follows.
In section 16A (appointment of Ministers following Assembly election), in subsection (3), for the words before paragraph (a) substitute “Before the end of the period for filling Ministerial offices—”.
After subsection (3) of that section insert—
In section 16B, for subsection (3) substitute—
In consequence of the amendments made by this section, in the Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016, omit section 6 and Schedule 1.
The Northern Ireland Act 1998 is amended as follows.
In section 16A—
omit subsection (2) (Northern Ireland Ministers cease to hold office following Assembly election);
in subsection (10), for “and the deputy First Minister” substitute “, the deputy First Minister and the Northern Ireland Ministers”;
after subsection (11) insert—
In section 18—
before subsection (1) insert—;
in subsection (9) (circumstances in which an individual Northern Ireland Minister ceases to hold office), after paragraph (a) insert—;
in subsection (10), after “subsection” insert “(A1) or”.
In section 98, in subsection (1), at the appropriate place insert—.
In Schedule 4A (Minister of Justice), in paragraph 3D—
Where— the relevant Minister shall cease to hold office (and the relevant Ministerial office shall remain vacant until next filled by virtue of section 16A).
in sub-paragraph (11), after paragraph (a) insert—;
in sub-paragraph (14), after “sub-paragraph” insert “(A1) or”.
Section 32 of the Northern Ireland Act 1998 (extraordinary elections) is amended as follows.
In subsection (1) (Secretary of State’s duty to trigger election if Assembly resolves to dissolve itself), after “shall” insert “, as soon as practicable,”.
After subsection (1) insert—
In subsection (3) (Secretary of State’s duty to trigger election if Ministerial offices not filled), in the words after paragraph (b), after “shall” insert “, as soon as practicable,”.
After subsection (3) insert—
In subsection (4), for “or (3)” substitute “, (3) or (3B)”.
The amendments made by sections 1(2), (3) and (5) and 2(2) do not apply in a case where section 16A of the Northern Ireland Act 1998 applies as the result of an Assembly being elected before this Act comes into force.
The new provisions relating to vacancies in the office of First Minister or deputy First Minister—
apply in relation to vacancies arising within the period of seven days ending when this Act comes into force, but
do not otherwise apply in relation to vacancies arising before this Act comes into force.
For these purposes “the new provisions relating to vacancies in the office of First Minister or deputy First Minister” means—
the amendment made by section 1(4),
the new section 18(A1)(c) to be inserted into the Northern Ireland Act 1998 by section 2(3), and
the new paragraph 3D(A1)(c) to be inserted into Schedule 4A to that Act by section 2(5).
The amendments made by section 3 do not apply where the duty of the Secretary of State under section 32(1) or (3) of the Northern Ireland Act 1998 arises before this Act comes into force.
In Part 2 of Schedule 4 to the Northern Ireland Act 1998 (code of conduct), for paragraph 1 substitute—
In relation to a person holding office as a Minister or junior Minister immediately before the amendments made by this section come into force, the reference in that person’s pledge of office to complying with the Ministerial Code of Conduct is to be taken to include a pledge to comply with the amended Ministerial Code of Conduct from the time when those amendments come into force.
In subsection (2)—
“junior Minister” means a person appointed as a junior Minister in accordance with section 19 of the Northern Ireland Act 1998;
“junior Minister” means a person appointed as a junior Minister in accordance with section 19 of the Northern Ireland Act 1998;
“Minister” has the meaning given by section 7(3) of the Northern Ireland Act 1998.
“Minister” has the meaning given by section 7(3) of the Northern Ireland Act 1998.
For section 42 of the Northern Ireland Act 1998 substitute—
The following are repealed—
the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018;
in the Northern Ireland (Executive Formation etc) Act 2019, sections 1 to 7.
This Act extends to England and Wales, Scotland and Northern Ireland.
This Act comes into force on the day on which it is passed.
This Act may be cited as the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022.