Northern Ireland Act 2006 (repealed)
The Secretary of State may refer to the Assembly any of the following matters—
the election from among its members of persons to hold the offices of First Minister and deputy First Minister on the restoration of devolved government in Northern Ireland,
the making of nominations from among its members of persons to hold office as Northern Ireland Ministers on such restoration, and
such other matters as the Secretary of State thinks fit.
Schedule 1 contains provision about the Assembly.
Nothing in this Act affects the operation of section 1 of the 2000 Act (suspension of devolved government).
But subsection (3) is subject to section 2(7) and paragraphs 2 and 3 of Schedule 2.
Schedule 2 shall have effect if (and only if) the Secretary of State—
is satisfied that each of the following conditions is met, and
being so satisfied, notifies the presiding officer or any deputy presiding officer of the Assembly, before 25th November 2006, that he intends to make a restoration order in accordance with Schedule 2 on the date specified in the notification.
Condition 1 is that the Assembly has elected from among its members— on the coming into force of a restoration order.
a person to hold the office of First Minister, and
a person to hold the office of deputy First Minister,
Condition 2 is that persons have been nominated from among the members of the Assembly to hold each of the Ministerial offices on the coming into force of a restoration order.
Condition 3 is that each of the persons elected or nominated under this section has affirmed the terms of the pledge of office in respect of the office for which he has been elected or nominated.
Schedule 3 shall have effect if (and only if) the Secretary of State does not give the notification mentioned in subsection (1) before 25th November 2006.
In this section “the Ministerial offices” means the Ministerial offices provided for by the determination under section 17(1) of the 1998 Act (Northern Ireland Ministers) having effect immediately before the most recent suspension of the Northern Ireland Assembly by virtue of section 1 of the 2000 Act.
The following provisions of the 2000 Act are subject to this section—
section 1(4), and
paragraph 5 of the Schedule.
The Secretary of State may by order made by statutory instrument make— that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
any supplementary, incidental or consequential provision, and
any transitional or saving provision,
An order under this section may in particular—
make different provision for different cases or purposes;
amend, repeal or revoke any enactment passed or made on or before 25th November 2006.
In this section “enactment” includes—
any of sub-paragraphs (2) to (9) of paragraph 3 of Schedule 2,
any provision of, or of any instrument made under, Northern Ireland legislation, and
any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
Subsections (3) to (7) have effect in the case of a statutory instrument which contains (alone or with other provisions) an order under section 3 which amends or repeals any provision of—
an Act, or
Northern Ireland legislation.
Any other statutory instrument containing an order under that section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument of a description mentioned in subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
But subsection (3) does not apply if the order declares that the Secretary of State considers it expedient for the order to be made without that approval.
An order containing a declaration under subsection (4)—
must be laid before Parliament after being made, and
ceases to have effect if it is not approved by a resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it is made.
Subsection (5)(b) does not prejudice—
anything done as a result of the order before it ceased to have effect, or
the making of a new order.
In calculating the period of 40 days mentioned in subsection (5)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
In this Act—
This Schedule has effect in accordance with section 2(5).
The following provisions of this Act shall be repealed on 25th November 2006—
section 1(1) and (2),
Schedule 1, and
Schedule 2.
“the 1998 Act” means the Northern Ireland Act 1998 (c. 47);
“the 2000 Act” means the Northern Ireland Act 2000 (c. 1);
This Schedule has effect in accordance with section 2(1). In this Schedule “the effective date” means the date on which the restoration order made by virtue of paragraph 2 comes into force.
There is to be an Assembly (referred to in this Act as “the Assembly”)—
whose members at any time are to be the persons who are at that time members of the Northern Ireland Assembly, and
whose purpose is to take part in preparations for the restoration of devolved government in Northern Ireland.
The Secretary of State must secure the provision of the services of such staff, the use of such premises and such other facilities as he thinks appropriate. Expenditure incurred by the Secretary of State by virtue of this paragraph is to be paid out of the Consolidated Fund of Northern Ireland.
In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections and dissolutions), for subsection (2) substitute— In section 96 of the 1998 Act— The amendments made by this paragraph shall have effect on and after the effective date.
“First Minister”, “deputy First Minister” and “Northern Ireland Minister” have the same meaning as in the 1998 Act;
“First Minister”, “deputy First Minister” and “Northern Ireland Minister” have the same meaning as in the 1998 Act;
“the pledge of office” has the meaning given by section 16(10) of the 1998 Act;
In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections and dissolutions), for subsection (2) substitute— In subsection (1) of that section, for “subsection (2)” substitute “ subsections (2) to (3) ”. The amendments made by this paragraph shall have effect on and after 25th November 2006.
This Act may be cited as the Northern Ireland Act 2006.
Section 1
Meetings are to be held at such times and places as the Secretary of State directs.
A written or oral statement made by a member in or for the purposes of the Assembly is to be privileged from action for defamation unless it is proved to have been made with malice.
In section 31 of the 1998 Act, after subsection (2D) insert— In section 96 of the 1998 Act, in subsection (1), for “31(3)” substitute “31(2E), (3)”. The amendments made by this paragraph shall have effect on and after 25th November 2006.
The Secretary of State may— The Secretary of State may if he thinks fit exercise his powers under sub-paragraph (1)(b) after exercising his powers under sub-paragraph (1)(a) (so that an elected presiding officer and elected deputy presiding officers replace those appointed by him). The Secretary of State may appoint a person, or authorise the Assembly to elect a person—
Proceedings are to be conducted in accordance with directions determined by the Secretary of State from time to time and notified to the presiding officer or any deputy presiding officer. The provision that may be made by the directions includes provision which corresponds, or is similar, to any provision of standing orders made (or treated as made) under section 41 of the 1998 Act. The provision that may be made by the directions for the purposes of the election referred to in section 1(1)(a) of this Act includes provision which corresponds, or is similar, to any provision of section 16 of the 1998 Act. The provision that may be made by the directions for the purposes of the nominations referred to in section 1(1)(b) of this Act includes provision which corresponds, or is similar, to any provision of section 18 of the 1998 Act. Sub-paragraphs (2) to (4) do not affect the generality of sub-paragraph (1).
The 2000 Act shall be repealed on the day following the effective date. The Northern Ireland Assembly may not make a determination under section 47 of the 1998 Act in respect of any period of suspension.6 No instrument made during any period of suspension shall be liable to annulment or capable of being revoked in pursuance of a resolution, motion or address of the Northern Ireland Assembly. Neither a restoration order nor the repeal of paragraph 1(1) of the Schedule to the 2000 Act shall affect the operation of any Order in Council made before the effective date under paragraph 1(1) of that Schedule. References to Acts of the Northern Ireland Assembly in any enactment or instrument (whether passed or made before or after the coming into force of section 1 of the 2000 Act) are to be read, so far as the context permits, as including references to Orders in Council made under paragraph 1(1) of the Schedule to that Act. The repeal of section 6 of the 2000 Act by virtue of this paragraph shall not affect the operation of any order previously made under that section. The repeal of section 7 of the 2000 Act by virtue of this paragraph shall not affect the operation of any provision of a restoration order previously made by virtue of subsection (2) of that section. The repeal of paragraph 9 of the Schedule to the 2000 Act by virtue of this paragraph shall not affect the operation of any determination or provision previously made by virtue of that paragraph. Subsection (4) of section 44 of the 1998 Act shall continue to include, at the end of that subsection, the words “or during a period when section 1 of the Northern Ireland Act 2000 was in force” (notwithstanding the repeal of section 9(3) of the 2000 Act by virtue of this paragraph). In this paragraph— Sub-paragraphs (2) to (9) are not to be taken as limiting the provision that may be made by an order under section 3 of this Act.
Sectiuon 2(1)
“the Assembly” has the meaning given by paragraph 1 of Schedule 1;
The Secretary of State must make a restoration order on the date specified in the notification under section 2(1). The restoration order must come into force on the day following the day on which it is made. Subsections (2) to (7) of section 3 of the 2000 Act do not apply in relation to the restoration order (and, accordingly, no person who immediately before the most recent suspension held an office mentioned in any of those subsections shall resume that office on the effective date). On the effective date— (and sections 16(1) and 18(1) of the 1998 Act do not apply). The affirmation of the terms of the pledge of office under section 2 of this Act by a person to whom sub-paragraph (4) applies shall be deemed to have been made under the 1998 Act on the effective date. The person who is presiding officer of the Assembly immediately before the effective date shall be deemed to have been elected as Presiding Officer of the Northern Ireland Assembly under section 39(1) of the 1998 Act on that date. Each person who is a deputy presiding officer of the Assembly immediately before the effective date shall be deemed to have been elected as a deputy Presiding Officer of the Northern Ireland Assembly under section 39(1) of the 1998 Act on that date. The provision that may be made by the restoration order by virtue of section 7(2) of the 2000 Act includes provision— The following provisions of the 2000 Act do not apply in relation to the restoration order— In this paragraph “the most recent suspension” means the most recent suspension of the Northern Ireland Assembly by virtue of section 1 of the 2000 Act.
The following provisions of this Act shall be repealed on the effective date—
section 1(1) and (2),
Schedule 1, and
Schedule 3.
Section 2(5)