Northern Ireland Act 1974 (repealed 2.12.1999)

During the interim period— No recommendation shall be made to Her Majesty to make any Order in Council under this paragraph containing a provision in relation to which the Secretary of State would be precluded by section 5(1) of the Constitution Act from giving his consent if it were contained in a proposed Measure. The power to make an Order in Council under this paragraph includes power to vary or revoke a previous Order made thereunder. No recommendation shall be made to Her Majesty to make an Order in Council under this paragraph unless either— Any Order in Council under this paragraph, other than an Order of which a draft has been approved by resolution of each House of Parliament, shall be laid before Parliament after being made and, if at the end of the period of forty days after the date on which it is made the Order has not been approved by resolution of each House, shall then cease to have effect (but without prejudice to anything previously done under the Order or to the making of a new Order). In reckoning the period mentioned in sub-paragraph (5) above no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. References to Measures in any enactment or instrument (whether passed or made before or after the passing of this Act) shall, so far as the context permits, be deemed to include references to Orders in Council under this paragraph. Orders in Council under this paragraph may be omitted from any annual edition of statutory instruments required to be prepared under regulations made by virtue of section 8 of the Statutory Instruments Act 1946.

During the interim period— During the interim period any functions of a Northern Ireland department, including functions discharged by virtue of sub-paragraph (1)(b) above, shall be discharged by the department subject to the direction and control of the Secretary of State. Anything required or authorised by or under any enactment or instrument to be done to or in relation to the head of a Northern Ireland department or any other person appointed under the said section 8 in connection with any functions exercisable by virtue of this paragraph by a substituted authority (whether a Northern Ireland department or the Secretary of State) shall, during the interim period, be done instead to or in relation to that authority. Any enactment or instrument shall have effect, so far as may be necessary for or in consequence of the exercise of any functions by a substituted authority by virtue of this paragraph, as if references to the head of a Northern Ireland department or any other person appointed under the said section 8 were references to that authority. This paragraph shall not invalidate anything done before the beginning of the interim period; and, The foregoing provisions of this paragraph apply to functions conferred by any enactment or instrument during as well as before the interim period except in so far as provision to the contrary is made by that enactment or instrument.

Where under any enactment or instrument it is a condition for the taking of any step (other than the annulment of any instrument) or the coming of anything into operation that a resolution or motion has been passed or an address presented by the Assembly, then, during the interim period, that step may be taken or that thing shall come into operation without any such resolution, motion or address. Any statutory instrument made or coming into operation by virtue of sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. Any statutory rules made or coming into operation by virtue of sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly. So much of any enactment or instrument as makes the taking of any step or the coming of anything into operation conditional on the laying of any instrument or document before the Assembly, or on any lapse of time after an instrument or document is so laid, shall not apply during the interim period. So much of any enactment or instrument as makes it a condition for the continuing of anything in operation that a resolution or motion has been passed or an address presented by the Assembly shall not apply in relation to anything done during the interim period or in relation to anything done previously that would, apart from this sub-paragraph, cease to have effect during that period. No instrument made during the interim period shall be liable to annulment or capable of being revoked in pursuance of a resolution, motion or address of the Assembly; and no draft of any such instrument shall be laid before the Assembly nor shall any proceedings be taken in the Assembly with respect to a draft of any such instrument. Regulations made during the interim period under Article 7 of the Statutory Rules (Northern Ireland) Order 1979 shall not require the concurrence of the presiding officer of the Assembly.

During the interim period any report required to be laid before the Assembly under Article 17 of the Ombudsman (Northern Ireland) Order 1996 or Article 19 of the Commissioner for Complaints (Northern Ireland) Order 1996 shall be laid instead before each House of Parliament; and the reference in Article 18(2)(a) of the Ombudsman (Northern Ireland) Order 1996 to a report to the Assembly shall accordingly include a reference to a report to either House of Parliament. During any part of the interim period for which there is no Assembly, any complaint under the Ombudsman (Northern Ireland) Order 1996 may be made to, and referred to the Assembly Ombudsman for Northern Ireland by, a member of the House of Commons; and references to a member of the Assembly in Articles 9, 11, 16 and 18 of that Order shall be construed accordingly.

The accounts and reports to which this paragraph applies shall be laid before the House of Commons instead of the Assembly. This paragraph applies to such of the accounts and reports required by section . . ., 11, 19, 21 or 22 of the Exchequer and Audit Act (Northern Ireland) 1921 to be laid before (or presented or made to) the Assembly as relate to— and for the purposes of paragraph (c) above those accounts and reports shall be prepared separately for the part there mentioned and for the remainder of the financial year in question. The functions of any committee constituted under section 25(8) of the Constitution Act shall not extend to the application of moneys during the interim period.

In this Schedule— In this Schedule any reference to an enactment is a reference to that enactment as amended by or under any other enactment.

The Convention shall consist of—

The Convention members shall be elected by the constituencies which would return members to the Northern Ireland Assembly if a general election to the Assembly were held on the date appointed under paragraph 3 below; and the number of Convention members to be elected by each constituency shall be the same as the number of members of the Assembly to be returned for the constituency in such a general election.

The date of the poll for the election of Convention members shall be appointed by the Secretary of State by order made by statutory instrument; and any order under this paragraph may be varied or revoked by a subsequent order.

The persons entitled to vote on the poll mentioned in paragraph 3 above shall be those who would be entitled to vote on polls held on the date appointed under that paragraph at a general election to the Northern Ireland Assembly.

The following provisions of section 2 of the Northern Ireland Assembly Act 1973, that is to say— shall apply to the election under this Schedule as they apply to an election of members of the Northern Ireland Assembly.

Section 10 of the House of Commons Disqualification Act 1957 and section 3 of the said Act of 1973 (disqualification for membership of Northern Ireland Assembly) shall apply in relation to the Convention as they apply in relation to the Assembly.

The first meeting of the Convention shall be held on such day, and at such time and place, as the Secretary of State may by order direct; and any order under this paragraph may be varied or revoked by a subsequent order.

The Convention may appoint committees to assist it in the discharge of its functions.

The chairman of the Convention shall not be entitled to vote in proceedings of the Convention or its committees.

The proceedings of the Convention and any committee appointed by it shall not be invalid because of any vacancy in the office of chairman or among the Convention members.

Subject to the foregoing provisions, the Convention shall have power to regulate its procedure and that of its committees. Subject to the foregoing provisions and any provision made by the Convention under sub-paragraph (1) above, the Secretary of State may give directions for regulating the procedure of the Convention and its committees. Provision may, in particular, be made under this paragraph for preserving order in the proceedings of the Convention and its committees, including provision for the exclusion of Convention members from any such proceedings.

There shall be provided for the Convention and its members by the Secretary of State such accommodation, staff and services (including provision for the keeping of an official record of proceedings) as the Convention may with the approval of the Secretary of State determine or as may appear to him to be reasonably requisite.

For the purposes of the law of defamation the following shall be absolutely privileged—

There shall be paid by the Secretary of State to the chairman of the Convention such remuneration and allowance in respect of expenses as may be determined by the Secretary of State. There shall be paid by the Secretary of State to each Convention member— Any determination of the Secretary of State under sub-paragraph (1) or (2)(b) above shall require the consent of the Minister for the Civil Service.

Subject to the following provisions of this paragraph, the Convention shall be dissolved— whichever is the earlier. The Secretary of State may by order postpone or further postpone the date of dissolution of the Convention for such period (not exceeding three months at a time) as may be specified in the order. Her Majesty may by Order in Council dissolve the Convention before the time when it would be dissolved under sub-paragraph (1) above. If at any time within six months after the dissolution of the Convention (whether by virtue of the foregoing provisions or of those provisions as applied by sub-paragraph (5) below) it appears to the Secretary of State that it is desirable that any matter should be considered or further considered by the Convention, he may reconvene it as if it had not been dissolved ; and the Convention shall meet on such day, and at such time and place, as the Secretary of State may by order direct and consider (or further consider) and report on that matter accordingly. Sub-paragraphs (1) to (3) above shall apply to the Convention after it has been reconvened under sub-paragraph (4) above as if the report made by it in accordance with that sub-paragraph were its final report and as if the date on which it meets in accordance with that paragraph were its first meeting. Any order under sub-paragraph (2) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and any order under sub-paragraph (4) above may be varied or revoked by a subsequent order. Where the Convention has been reconvened under this paragraph—