Мониторинг свободы мирных собраний в отдельных государствах-участниках ОБСЕ
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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 in accordance with the St Andrews Agreement.
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Nothing in this Act affects the operation of section 1 of the 2000 Act (suspension of devolved government).
But subsection (3) is subject to—
paragraph 3 of Schedule 1,
paragraphs 2 and 4 of Schedule 2, and
paragraphs 1 and 2 of Schedule 4.
If at any time before 25 March 2007 the Secretary of State considers that (were Schedule 2 to come into force) there would be no reasonable prospect that each of the Ministerial offices would be filled in accordance with paragraph 2 of that Schedule, he may make an order bringing Schedule 3 into force on the day following the day on which the order is made.
If the Secretary of State does not make an order under subsection (1) before 25 March 2007—
he must on that date make a restoration order providing for section 1 of the 2000 Act to cease to have effect on 26 March 2007, and
Schedule 2 shall come into force on 26 March 2007.
Subsection (4) applies if—
the Secretary of State makes a restoration order by virtue of subsection (2), but
it appears to him that one or more of the Ministerial offices has not been filled in accordance with paragraph 2 of Schedule 2 by the end of 26 March 2007.
Where this subsection applies—
the Secretary of State must on 27 March 2007 make an order under the 2000 Act revoking the restoration order,
that order must state that it is made by virtue of subsection (3) and must come into force on 28 March 2007, and
Schedule 3 shall come into force on 28 March 2007.
If the Secretary of State— Schedule 4 shall come into force on 28 March 2007.
makes a restoration order by virtue of subsection (2), and
does not make an order by virtue of subsection (3) revoking the restoration order,
An order under subsection (1) must be made by statutory instrument.
Section 7(4) to (7) of the 2000 Act (affirmative resolution etc procedure) does not apply in relation to an order made by virtue of subsection (2) or (3).
In this section “the Ministerial offices” means—
the offices of First Minister and deputy First Minister, and
the Ministerial offices to be held by Northern Ireland Ministers.
In section 31 of the 1998 Act (Northern Ireland Assembly: dates of elections and dissolutions), for subsection (2) substitute—
Subsection (3) applies in respect of any vacancy in the membership of the Northern Ireland Assembly which exists at any time between the passing of this Act and the date of the next election of the Assembly (whether the vacancy occurred before or after the passing of this Act).
Article 7 of the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599) does not apply in the case of such a vacancy.
Subsection (2) has effect in relation to—
the dissolution of the Northern Ireland Assembly on 30 January 2007, and
the Assembly election the poll for which is to be held on 7 March 2007 (“the next Assembly election”).
Section 47 of the 1998 Act (remuneration of members) is to have effect as if, for subsection (10) of that section, there were substituted—
Subsection (4) has effect in relation to persons returned as members of the Northern Ireland Assembly at the next Assembly election.
Section 47 of the 1998 Act is to have effect as if, for subsection (9)(a) of that section, there were substituted—.
In section 20 of the 1998 Act (Executive Committee), after subsection (3) insert—
After section 28 of the 1998 Act insert—
After section 28A of the 1998 Act insert—
In the pledge of office set out in Schedule 4 to the 1998 Act, after paragraph (c) insert—.
We believe that the essential elements of support for law and order include endorsing fully the Police Service of Northern Ireland and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions, including the Policing Board.
For section 16 of the 1998 Act (First Minister and deputy First Minister) substitute—
Schedule 5 (executive selection: consequential amendments) has effect.
Schedule 6 (department with policing and justice functions: nomination etc of Ministers) has effect.
Section 29 of the 1998 Act (statutory committees) is amended as follows.
In subsection (1)(a), after “committees”)” insert—.
In subsection (6), for the words from “it is established” to the end of the subsection substitute—
After section 29 of the 1998 Act insert—
If, by no later than 1 February 2011— the Secretary of State must by order made by statutory instrument amend that Act and any other enactment so far as may be necessary to secure that they have effect, as from the date of the election of the 2011 Assembly, as if the executive selection amendments had not been made.
the committee established by virtue of section 29A of the 1998 Act makes the recommendation set out in section 29B(1)(b) of that Act, and
the committee's recommendation is approved by the Northern Ireland Assembly with cross-community support (within the meaning of that Act),
In subsection (2)—
“the 2011 Assembly” means the Northern Ireland Assembly due to be elected under section 31 of the 1998 Act in 2011;
“the 2011 Assembly” means the Northern Ireland Assembly due to be elected under section 31 of the 1998 Act in 2011;
“the executive selection amendments” means the amendments made by section 8 of, and paragraphs 1, 2(1) and (2) and 3 to 14 of Schedule 5 to, this Act.
An order under this section may contain supplementary, incidental, consequential, transitional or saving provision.
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For section 52 of the 1998 Act substitute—
In section 4 of the 1998 Act (transferred, excepted and reserved matters), after subsection (5) insert—
After section 28B of the 1998 Act insert—
After section 28C of the 1998 Act insert—
After section 28D of the 1998 Act insert—
In Schedule 6 to the 1998 Act (which makes certain provision about standing orders), after paragraph 4 insert—
The Northern Ireland Assembly must make a report to the Secretary of State before 27 March 2008—
as to the preparations that the Assembly has made, and intends to make, having regard to paragraph 7 of the St Andrews Agreement, for or in connection with policing and justice matters ceasing to be reserved matters;
as to which matters are likely to be the subject of any request under section 4(2A) of the 1998 Act that policing and justice matters should cease to be reserved matters;
containing an assessment of whether the Assembly is likely to make such a request before 1 May 2008.
The Secretary of State must lay a copy of the report before each House of Parliament.
Paragraph 7 of the St Andrews Agreement says: “ Discussions on the devolution of policing and justice have progressed well in the Preparation for Government Committee. The Governments have requested the parties to continue these discussions so as to agree the necessary administrative arrangements to create a new policing and justice department. It is our view that implementation of the agreement published today should be sufficient to build the community confidence necessary for the Assembly to request the devolution of criminal justice and policing from the British Government by May 2008. ”
In this section “policing and justice matter” has the meaning given by section 4(6) of the 1998 Act (as inserted by section 16(5) of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33)) and “reserved matter” has the meaning given by section 4(1) of the 1998 Act.
In section 16(3) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in the inserted section 4(2A) of the 1998 Act, for “devolved policing and justice matter” substitute “ policing and justice matter ”.
In section 16(5) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in the inserted section 4(6) of the 1998 Act, for “ “devolved policing and justice matter”” substitute “policing and justice matter” .
In section 17(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006, in the inserted section 21A(8)(b) of the 1998 Act, for “devolved policing and justice matter” substitute “ policing and justice matter ”.
The subject-matter of subsections (1) and (2) is to be treated as a reserved matter for the purposes of the 1998 Act.
Schedule 7 (minor and consequential amendments relating to Part 2) has effect.
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Schedule 8 (reconstitution of district policing partnerships) has effect.
Schedule 9 (district policing partnerships: Belfast sub-groups) has effect.
In Article 1 of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), in paragraph (6), for sub-paragraphs (a) and (b) substitute—.
In Article 16 of the Education (Northern Ireland) Order 1997 (S.I. 1997/866 (N.I. 5)) (as substituted by Article 28(1) of the 2006 Order), in paragraph (5), in the opening words, after “a secondary school” insert “ or of a secondary school of a specified description ”.
The amendment made by subsection (2) shall come into force if (and only if) Schedule 4 comes into force.
If the amendment comes into force in accordance with subsection (3), it shall come into force on 28 March 2007.
If Schedule 3 comes into force, subsections (2) to (4) shall be repealed on the date on which that Schedule comes into force.
The 2006 Act is repealed.
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 28 March 2007.
In this section “enactment” includes—
any of sub-paragraphs (1) to (8) of paragraph 2 of Schedule 4,
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 23 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—
The proceedings to be conducted by the Transitional Assembly shall include the preparation and consideration of a draft Ministerial Code. If the Transitional Assembly approves the draft Ministerial Code (with or without amendments) before 24 March 2007, the approved draft Ministerial Code shall become the Ministerial Code for the purposes of section 28A of the 1998 Act on 26 March 2007. Any approval under sub-paragraph (2) requires cross-community support (see paragraph 11). The draft Ministerial Code approved under sub-paragraph (2)— But if the Transitional Assembly has not approved the draft Ministerial Code (with or without amendments) before 24 March 2007— The draft Ministerial Code referred to in sub-paragraph (5) must, so far as practicable, be— and must comply with the requirements of subsections (5) to (8) of section 28A of the 1998 Act. In this paragraph “the former Ministerial Code” means the Ministerial Code which—
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.
Each person who was a member of the Assembly (see sub-paragraph (3)) immediately before the time at which this Schedule comes into force shall be deemed to have signed the roll of membership of the Transitional Assembly at that time in accordance with standing orders. Each such person shall be deemed to have designated himself at that time in accordance with standing orders— In this paragraph “the Assembly” means the Assembly established under paragraph 1 of Schedule 1 to the 2006 Act.
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 26 March 2007). On 26 March 2007— (and section 16A of the 1998 Act does not apply). In sub-paragraph (2)— But the persons whose nominations so have effect shall not take up office until each of them has affirmed the terms of the pledge of office (within the meaning given by section 16C(14) of the 1998 Act). On 26 March 2007, the Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6) of the 1998 Act (and section 16A of the 1998 Act does not apply). But for that purpose, section 18 of that Act shall have effect as if the reference, in the definition of “S” in subsection (5) of that section, to the day on which the Assembly first met following its election were a reference to the first day on which the Transitional Assembly met after 7 March 2007. 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.
This paragraph applies in relation to the first occasion on or after 26 March 2007 on which the offices of chairmen and deputy chairmen of the statutory committees are to be filled in accordance with standing orders made under section 29 of the 1998 Act. That section (and those standing orders) shall have effect as if the reference, in the definition of “S” in subsection (3) of that section (and in those standing orders), to the day on which the Assembly first met following its election were a reference to the first day on which the Transitional Assembly met after 7 March 2007.
In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33) (department with policing and justice functions), the inserted Schedule 4A to the 1998 Act is amended as follows.
Paragraph 11 (provisions relating to relevant Minister and relevant junior Minister) is amended as follows. 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. In sub-paragraph (9), at the end insert; or If, as a result of the relevant Minister (“the former Minister”) and the relevant junior Minister (“the former junior Minister”) ceasing to hold office and the relevant Ministerial office and the relevant junior Ministerial office being filled by virtue of sub-paragraph (11)(b),— 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. But sub-paragraph (11A) shall not apply if— The conditions are that— In sub-paragraph (11C) “the appropriate office” means— In this paragraph “nominating officer” has the same meaning as in section 18.
This paragraph applies in relation to the first occasion on or after 26 March 2007 on which the political members of the Northern Ireland Policing Board are to be nominated in accordance with paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32). That paragraph shall have effect as if the reference, in the definition of “S” in sub-paragraph (7) of that paragraph, to the day on which the Assembly first met following its election were a reference to the first day on which the Transitional Assembly met after 7 March 2007.
“the Transitional Assembly” has the meaning given by section 1(1) of this Act.
Meetings are to be held at such times and places as the presiding officer or any deputy presiding officer of the Transitional Assembly may notify to the members; and a meeting of the Transitional Assembly must be held on 24 November 2006. But the Secretary of State may at any time direct that meetings are instead to be held at such times and places as may be specified in the direction.
The proceedings to be conducted by the Transitional Assembly shall include the preparation and consideration of draft standing orders for the Northern Ireland Assembly. If the Transitional Assembly approves the draft standing orders (with or without amendments) before 24 March 2007, the approved draft standing orders shall become the standing orders of the Northern Ireland Assembly on 26 March 2007. Any approval under sub-paragraph (2) requires cross-community support. But if the Transitional Assembly has not approved the draft standing orders (with or without amendments) before 24 March 2007— Subject to sub-paragraph (7), the draft standing orders referred to in sub-paragraph (4) must, so far as practicable, be— In this paragraph “the former standing orders” means the standing orders of the Northern Ireland Assembly as they had effect immediately before the most recent suspension of that Assembly by virtue of section 1 of the 2000 Act. The draft standing orders approved under sub-paragraph (2) or the draft standing orders prepared in accordance with sub-paragraph (5)—
A written or oral statement made by a member in or for the purposes of the Transitional Assembly is to be privileged from action for defamation unless it is proved to have been made with malice.
In this Schedule “cross-community support”, in relation to a vote on any matter, means— In sub-paragraph (1)—
Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) has effect subject to this Schedule. In this Schedule—
This paragraph applies in relation to each DPP specified in the list published under paragraph 2(5). The Board must publish notice of the date which is to be the independent appointment date in relation to the DPP. Notice under sub-paragraph (2) must be published in such manner as appears to the Board appropriate for bringing it to the attention of interested persons. Each person who is an independent member of the DPP on the day before the independent appointment date shall cease to hold office at the end of that day. On the independent appointment date, the Board must appoint independent members of the DPP in accordance with Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32). A person who ceases to hold office as an independent member by virtue of sub-paragraph (4) shall be eligible for re-appointment. Where an independent member of the DPP ceases to hold office at any time during the period— no appointment shall be made to fill the casual vacancy. Where a person ceases to hold office as vice-chairman of the DPP during that period, no election shall be conducted before the independent appointment date to fill the vacancy in the office.
In this Schedule, in relation to a sub-group and the holding of a local general election— In paragraph 3(3), for “date of the local general election” substitute “day before the reconstitution date”. Where a political member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraph (1) of this paragraph shall have effect subject to this sub-paragraph. Where, following a local general election, the Board has completed the appointment of the independent members of the sub-group for a police district, it shall publish notice of the date which is to be the reconstitution date in relation to the sub-group for that police district. Notice under sub-paragraph (2A) shall be published in such manner as appears to the Board appropriate for bringing it to the attention of interested persons. In paragraph 4(4), for “date of the local general election” substitute “day before the reconstitution date”. Where an independent member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraphs (1) and (2) of this paragraph shall have effect subject to this sub-paragraph.
“restoration order” means a restoration order under section 2(2) of the 2000 Act (order restoring devolved government);
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 Northern Ireland Assembly may not make a determination under section 47 of the 1998 Act in respect of any period of suspension. 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 28 March 2007 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 paragraph 1 above 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 paragraph 1 above 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 paragraph 1 above 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 paragraph 1 above). In this paragraph— Sub-paragraphs (1) to (8) are not to be taken as limiting the provision that may be made by an order under section 23 of this Act.
In section 1 of the 2000 Act (suspension of devolved government in Northern Ireland), in subsection (5), for “section 52” substitute “section 52A, 52B”.
“First Minister”, “deputy First Minister” and “Northern Ireland Minister” have the same meaning as in the 1998 Act;
“the 1998 Act” means the Northern Ireland Act 1998 (c. 47);
The following provisions of this Act extend to Northern Ireland only—
section 20 and Schedules 8 and 9;
section 21.
Subject to that, this Act extends to England and Wales, Scotland and Northern Ireland.
Schedules 2 to 4 shall only come into force in the circumstances specified in, and in accordance with, section 2.
Subject to paragraph 3(1)(b) of Schedule 3, section 3(1) shall come into force on 26 January 2007.
The following provisions shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes—
section 4;
section 20(1) and Schedule 8.
Part 2 (including Schedules 5 to 7) shall come into force if (and only if) the Secretary of State makes a restoration order by virtue of section 2(2).
If that Part comes into force in accordance with subsection (4), it shall come into force on 26 March 2007.
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Section 21(2) shall only come into force in the circumstances specified in, and in accordance with, subsections (3) and (4) of that section.
Subject to that, this Act shall come into force on the day on which it is passed.
This Act may be cited as the Northern Ireland (St Andrews Agreement) Act 2006.
Proceedings are to be conducted in accordance with standing orders (see paragraph 9). But the Secretary of State may at any time direct that proceedings are instead to be conducted in accordance with the direction.
The 1998 Act is amended as follows.
Section 18 (Northern Ireland Ministers) is amended as follows. Omit subsection (1)(a). For subsection (13) substitute—
In section 19A (disqualification for certain offices which may be held by members of the Assembly), in subsection (1), for paragraphs (a) and (b) substitute—.
In section 32 (extraordinary elections), for subsection (3) substitute—
In section 98(1) (interpretation), in the definition of “the pledge of office”, for “16(10)” substitute “16C(14)”.
Schedule 12A (effect of application of section 95A(6) or (7)) is amended as follows. In paragraph 6(4), for “16(8)” substitute “16B(3) to (9)”. In paragraph 7(4), for “16(7)” substitute “16B(2)”. In paragraph 8(1)(a), for “the six weeks” substitute “the period of seven days”. In paragraph 8(3), for “16” substitute “16B(3) to (9)”. In paragraph 8(4)—
The proceedings to be conducted by the Transitional Assembly shall include the making of nominations from among its members of persons to hold office as First Minister and deputy First Minister on the restoration of devolved government in Northern Ireland. Such nominations may be made notwithstanding section 1(4) of, and paragraph 5 of the Schedule to, the 2000 Act.
The Transitional Assembly shall have— The person who is the presiding officer of the Assembly (see sub-paragraph (8)) immediately before the time at which this Schedule comes into force shall become the presiding officer of the Transitional Assembly at that time. Each person who is a deputy presiding officer of the Assembly immediately before that time shall become a deputy presiding officer of the Transitional Assembly at that time. Subject to sub-paragraphs (5) to (7), the Transitional Assembly may elect a person— A person shall not be elected under sub-paragraph (4) without cross-community support. If it appears to the Secretary of State that— the Secretary of State may appoint a person to fill the vacancy. If it appears to the Secretary of State that— the Secretary of State may appoint a person to replace the officer. In this paragraph “the Assembly” means the Assembly established under paragraph 1 of Schedule 1 to the 2006 Act.
In this Schedule (other than in paragraph 5) “standing orders” means standing orders of the Transitional Assembly. The initial standing orders shall be determined by the Secretary of State and notified to the presiding officer or any deputy presiding officer of the Transitional Assembly. The initial standing orders may be added to or amended by the Secretary of State by notification to the presiding officer or any deputy presiding officer of the Transitional Assembly; but no addition or amendment may be made under this sub-paragraph to the extent that it is inconsistent with anything done by the Transitional Assembly under sub-paragraph (4). The initial standing orders may be amended or replaced by the Transitional Assembly, but standing orders shall not be made, amended or repealed by the Transitional Assembly without cross-community support. The provision that may be made by standing orders includes provision which corresponds, or is similar, to— The provision that may be made by standing orders also includes provision that may be made under paragraph 5 of Schedule 6 to the 1998 Act (to be inserted in that Act by section 17 of this Act). The provision that may be made by standing orders for the purposes of the nominations referred to in paragraph 3 above includes provision which corresponds, or is similar, to any provision of sections 16A to 16C of the 1998 Act (to be inserted in that Act by section 8 of this Act). The standing orders may provide for further nominations to be made if any nomination made by virtue of paragraph 3 above ceases to have effect, by virtue of the standing orders, at any time before 26 March 2007.
The person who is presiding officer of the Transitional Assembly immediately before 26 March 2007 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 (and, accordingly, any person who is a deputy Presiding Officer of the Northern Ireland Assembly immediately before that date shall cease to hold office under section 39(2) of that Act on that date). Each person who is a deputy presiding officer of the Transitional Assembly immediately before 26 March 2007 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.
Section 2(2)
“the 2006 Act” means the Northern Ireland Act 2006 (c. 17);
In this Schedule “the restoration order” means the restoration order made by virtue of section 2(2).
The provision that may be made by the restoration order by virtue of section 7(2) of the 2000 Act includes provision— Section 2(3) of the 2000 Act (taking account of review under Validation, Implementation and Review section of Belfast Agreement) does not apply in relation to the restoration order.
The following provisions of this Act are repealed— If this Schedule comes into force on 28 March 2007, the enactments amended by Part 2 (including Schedules 5 to 7) shall be deemed to have effect, as from that date, as if the amendments made by that Part had not been made.
Paragraph 3 (provisions relating to relevant Minister) is amended as follows. 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. In sub-paragraph (9), at the end insert; or 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),— 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. But sub-paragraph (10A) shall not apply if— The conditions are that— In this paragraph “nominating officer” has the same meaning as in section 18.
This paragraph applies in relation to each DPP specified in the list published under paragraph 2(5). The council must publish notice of the date which is to be the political appointment date in relation to the DPP. Notice under sub-paragraph (2) must be published in such manner as appears to the council appropriate for bringing it to the attention of interested persons. The political appointment date in relation to a DPP must be a date no later than three months after the date on which the list is published. Each person who is a political member of the DPP on the day before the political appointment date shall cease to hold office at the end of that day. On the political appointment date, the council must appoint political members of the DPP in accordance with Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32); but for this purpose paragraph 3(1) of that Schedule is to have effect as if, for “immediately after the last local general election” there were substituted “on the date on which Schedule 8 to the Northern Ireland (St Andrews Agreement) Act 2006 comes into force”. A person who ceases to hold office as a political member by virtue of sub-paragraph (5) shall be eligible for re-appointment. Where a political member of the DPP ceases to hold office at any time during the period— no appointment shall be made to fill the casual vacancy. Where a person ceases to hold office as chairman of the DPP during that period, no appointment shall be made before the political appointment date to fill the vacancy in the office.
In paragraph 7(1) (removal of members of sub-group), for head (c) substitute—.
The following provisions of this Act are repealed—
section 1(1) and (2), and
Schedule 1.
In paragraph 13 of Schedule 1 to the Police (Northern Ireland) Act 2003 (c. 6), (Belfast), the inserted Schedule 3A to the Police (Northern Ireland) Act 2000 is amended as follows.
For paragraph 9 (chairman and vice-chairman of sub-group) substitute—
Section 2(1) or (4)
“the executive selection amendments” means the amendments made by section 8 of, and paragraphs 1, 2(1) and (2) and 3 to 14 of Schedule 5 to, this Act.
If this Schedule comes into force before 30 January 2007 or after 7 March 2007, the Northern Ireland Assembly shall be dissolved on the date on which it comes into force.
Schedule 3 to this Act is repealed.
Paragraph 7 (provisions relating to relevant Ministers) is amended as follows. 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. In sub-paragraph (9), at the end insert; or If, as a result of the relevant Ministers (“the former Ministers”) ceasing to hold office and the relevant Ministerial offices being filled by virtue of sub-paragraph (10)(b),— 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. But sub-paragraph (10A) shall not apply if— The conditions are that— In this paragraph “nominating officer” has the same meaning as in section 18.
Section 2(5)
The 2000 Act is repealed.
In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33) (department with policing and justice functions), the inserted Schedule 4A to the 1998 Act is amended as follows.
The 1998 Act is amended as follows.
The Board must comply with the requirements of this paragraph within a period of 15 days beginning with the commencement date. The Board must consider whether the political condition is met in relation to each DPP. The Board must submit to the Secretary of State a report on each DPP— The Board must provide to each district council a copy of the report so far as the report relates to the DPP established by that council. The Board must publish a list of the DPPs which, in its view, do not meet the political condition. For the purposes of this paragraph the political condition is met in relation to a DPP if the political members of the DPP reflect, so far as practicable, the balance of parties prevailing among the members of the council on the commencement date. For the purposes of this paragraph an independent member of a council shall be treated as a party.
Section 15 of the Police (Northern Ireland) Act 2000 shall apply in relation to a failure by a district council to comply with any provision of this Schedule as it applies in relation to a failure by a district council to comply with any provision of Schedule 3 to that Act. Paragraph 6 of Schedule 3 to that Act shall apply in relation to any functions of a district council or the Board under this Schedule as it applies in relation to any functions of a district council or the Board under paragraphs 4 and 5 of that Schedule.
After paragraph 1 insert—
In section 53 (agreements etc., by persons participating in North-South Ministerial Council and British-Irish Council), in subsection (1), for “a nomination under section 52” substitute “any provision of section 52A or 52B”.
In paragraph 3 (department in the charge of Minister approved by resolution of Assembly: provisions relating to relevant Minister), in sub-paragraph (1), for “(a) to (e)” substitute “(b) to (e)”.
“the St Andrews Agreement” means the agreement reached on 13 October 2006 at multi-party talks on Northern Ireland held at St Andrews;
After paragraph 4 insert—
Schedule 2 (excepted matters) is amended as follows. In paragraph 3(b)(i), for “a nomination under section 52” substitute “any provision of section 52A or 52B”. In paragraph 22—
In paragraph 7 (department in the charge of two Ministers: provisions relating to relevant Ministers), in sub-paragraph (1), for “(a) to (e)” substitute “(b) to (e)”.
In Schedule 3 (reserved matters), in paragraph 42(a), for “and 28” substitute “, 28, 28A and 28B”.
After paragraph 8 insert—
In paragraph 11 (department with rotation between Minister and junior Minister: provisions relating to relevant Minister and relevant junior Minister), in sub-paragraph (1), for “(a) to (e)” substitute “(b) to (e)”.
Section 8
In section 1 of the 2000 Act (suspension of devolved government in Northern Ireland), in subsection (4), omit “elected,”.
Section 9
Section 19
Section 20(1)
Section 20(2)