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Northern Ireland (Monitoring Commission etc.) Bill [HL]


Northern Ireland (Monitoring Commission etc.) Bill [HL]

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           (10)                        Schedule 12A (effect of application of subsection (6) or (7)) shall have

effect.

           (11)          The Documentary Evidence Act 1868 shall apply to a direction given by

the Secretary of State under section 30A, 47B or 51B as it applies to an

order made by him.”

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     (2)    In section 18 of that Act (which provides for the filling of Ministerial offices),

after subsection (12A) there is inserted—

           “(12B)              Where a direction under section 30A(5) ceases to have effect under

section 95A(6) or (7), its so ceasing to have effect shall for the purposes

of subsection (1)(da) be taken not to involve the coming to an end of a

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period of exclusion under section 30A(5).”

     (3)    After Schedule 12 to that Act there is inserted—

“Schedule 12A

Section 95A

 

Effect of application of section 95A(6) or (7)

Directions under section 30A(5): Northern Ireland Ministers and junior Ministers

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        1              (1)             Paragraphs 2 to 4 apply where a direction under section 30A(5)

ceases to have effect under section 95A(6) or (7).

                       (2)             In those paragraphs “the relevant time” means the time when the

direction so ceases to have effect.

        2              (1)             A person who holds office as a Northern Ireland Minister or junior

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Minister immediately before the relevant time shall cease at the

relevant time to hold that office if another person—

                    (a)                   held that office immediately before the direction was given,

but

                    (b)                   ceased to hold it by reason of his being excluded by the

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direction.

                       (2)             That other person shall fill the vacancy if he remains eligible to hold

that office.

        3               If—

                    (a)                   an office of Northern Ireland Minister or junior Minister is

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vacant immediately before the relevant time, and

                    (b)                   immediately before the direction was given that office was

held by a person who ceased to hold it by reason of his being

excluded by the direction,

                        that person shall fill the vacancy if he remains eligible to hold that

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office.

        4               Section 18(10) (and section 18(11)), and any provision made under

section 19(3)(a) for the filling of vacancies, shall have effect subject to

paragraphs 2 and 3.

Directions under section 30A(2) or (5): the First Minister and deputy First Minister

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        5              (1)             Paragraphs 6 to 8 apply where a direction under section 30A(2) or (5)

ceases to have effect under section 95A(6) or (7).

                       (2)             In those paragraphs—

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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                     “the relevant time” means the time when the direction so

ceases to have effect;

                     “the relevant offices” means the office of First Minister and the

office of deputy First Minister.

        6              (1)             Sub-paragraphs (2) to (4) apply where—

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                    (a)                   as respects each of the relevant offices, the person who holds

that office immediately before the relevant time did not hold

it immediately before the direction was given, and

                    (b)                   as respects at least one of the relevant offices, the person who

held that office immediately before the direction was given

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ceased to hold it by reason of his being excluded by the

direction.

                       (2)             The persons holding the relevant offices immediately before the

relevant time shall cease at that time to hold those offices.

                       (3)             As respects each of the relevant offices, the person (if any) who held

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that office immediately before the direction was given shall fill the

vacancy in that office if—

                    (a)                   he remains eligible to hold that office, and

                    (b)                   the person who held the other of the relevant offices

immediately before the direction was given remains eligible

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to hold it.

                       (4)             If the vacancies in the relevant offices are filled under sub-paragraph

(3), section 16(8) shall not apply by reason of the operation of sub-

paragraph (2).

        7              (1)             Sub-paragraphs (2) to (4) apply where—

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                    (a)                   as respects one of the relevant offices, the person who holds

it immediately before the relevant time held it immediately

before the direction was given, and

                    (b)                   as respects the other of the relevant offices—

                           (i)                          the person who holds it immediately before the

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relevant time did not hold it immediately before the

direction was given, and

                           (ii)                         the person who held it immediately before the

direction was given ceased to hold it by reason of his

being excluded by the direction.

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                       (2)             The person who holds the office mentioned in sub-paragraph (1)(b)

immediately before the relevant time shall cease at that time to hold

that office.

                       (3)             The person who held that office immediately before the direction

was given shall fill the vacancy in that office if he remains eligible to

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hold that office.

                       (4)             If the vacancy in that office is filled under sub-paragraph (3), section

16(7) shall not apply by reason of the operation of sub-paragraph (2).

        8              (1)             Sub-paragraphs (2) to (4) apply where—

                    (a)                   each of the relevant offices is vacant immediately before the

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relevant time as a result of having become vacant within the

six weeks ending with that time, and

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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                    (b)                   as respects at least one of the relevant offices, the person who

held it immediately before the direction was given ceased to

hold it by reason of his being excluded by the direction.

                       (2)             As respects each of the relevant offices, the person (if any) who held

that office immediately before the direction was given shall fill the

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vacancy in that office if—

                    (a)                   he remains eligible to hold that office, and

                    (b)                   the person who held the other of the relevant offices

immediately before the direction was given remains eligible

to hold it.

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                       (3)             If the vacancies in the relevant offices are filled under sub-paragraph

(2), no proceedings, or further proceedings, shall be taken under

section 16 for the purpose of filling them.

                       (4)             If those vacancies are not filled under that sub-paragraph, the

proceedings for an election under section 16 for the purpose of filling

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them shall be started afresh with the period of six weeks mentioned

in section 16(8) being taken for the purposes of this Act to begin with

the relevant time.

Directions under section 47B or 51B

        9              (1)             Sub-paragraphs (2) and (3) apply where a direction under section

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47B or 51B ceases to have effect under section 95A(6) or (7).

                       (2)             After the direction has so ceased to have effect, any determination—

                    (a)                   of the sums payable under section 47 or under the Financial

Assistance for Political Parties Act (Northern Ireland) 2000,

or

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                    (b)                   of when any such sums become due,

                                       shall be made as though the direction had never had effect.

                       (3)             Payment shall be made of any sums which would have been paid but

for the direction.

General

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        10              Where a direction under section 30A, 47B or 51B ceases to have effect

under section 95A(6) or (7), its so ceasing to have effect does not

prejudice—

                    (a)                   anything done in reliance on the direction while it had effect;

                    (b)                   the making of a new direction.”

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 10    Short title, commencement and repeals

     (1)    This Act may be cited as the Northern Ireland (Monitoring Commission etc.)

Act 2003.

     (2)    This Act, other than this section, comes into force on such day as the Secretary

of State may by order made by statutory instrument appoint, and different

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days may be so appointed for different purposes.

     (3)    Sections 1 to 3 of this Act, and sections 30A, 47B and 51B of the Northern

Ireland Act 1998 (c. 47), shall cease to have effect at the end of such day as the

Secretary of State may by order made by statutory instrument appoint.

 

 

Northern Ireland (Monitoring Commission etc.) Bill [HL]

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     (4)    An order under subsection (3) may include such consequential provision

(including provision amending or repealing an enactment) and such

transitional provision as the Secretary of State thinks fit.

 

 

 
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