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Northern Ireland (St Andrews Agreement) Bill


Northern Ireland (St Andrews Agreement) Bill
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers

32

 

Schedule 6

Section 9

 

Department with policing and justice functions: nomination etc of Ministers

Introduction

1          

In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006

(c. 33) (department with policing and justice functions), the inserted

5

Schedule 4A to the 1998 Act is amended as follows.

Department in the charge of Minister approved by resolution of Assembly

2     (1)  

Paragraph 3 (provisions relating to relevant Minister) is amended as follows.

      (2)  

After sub-paragraph (3) insert—

   “(3A)  

But a member of the Assembly who is a member of a political

10

party may not be nominated unless the nominating officer of the

party consents to his nomination within a period specified in

standing orders.”

      (3)  

In sub-paragraph (9), at the end insert “; or

(d)   

where consent to his nomination was required under sub-

15

paragraph (3A), he is dismissed by the nominating officer

who consented (or that officer’s successor) and the

Presiding Officer is notified of his dismissal.”

      (4)  

After sub-paragraph (10) insert—

  “(10A)  

If, as a result of the relevant Minister (“the former Minister”)

20

ceasing to hold office and the relevant Ministerial office being

filled by virtue of sub-paragraph (10),—

(a)   

the total number of Ministerial offices held by members of

a political party increases; or

(b)   

the total number of Ministerial offices held by members of

25

a political party decreases,

           

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.

    (10B)  

But sub-paragraph (10A) shall not apply if—

30

(a)   

the former Minister ceased to hold office by virtue of being

dismissed by a nominating officer under sub-paragraph

(9)(d); and

(b)   

before the relevant Ministerial office was filled, either of

the conditions in sub-paragraph (10C) was satisfied in

35

relation to each member of the Assembly who was a

member of the political party of the nominating officer.

    (10C)  

The conditions are that—

(a)   

the First Minister and the deputy First Minister sought to

nominate the member under sub-paragraph (3) for the

40

relevant Ministerial office but consent to his nomination

was not given in accordance with sub-paragraph (3A); or

(b)   

the member was nominated under sub-paragraph (3) for

the relevant Ministerial office and the nomination took

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers

33

 

effect within the period specified in standing orders by

virtue of sub-paragraph (5)(a), but the member did not

take up the office within that period.”

      (5)  

After sub-paragraph (13) insert—

   “(14)  

In this paragraph “nominating officer” has the same meaning as in

5

section 18.”

Department in the charge of two Ministers

3     (1)  

Paragraph 7 (provisions relating to relevant Ministers) is amended as

follows.

      (2)  

After sub-paragraph (3) insert—

10

   “(3A)  

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.”

      (3)  

In sub-paragraph (9), at the end insert “; or

15

(d)   

where consent to his nomination was required under sub-

paragraph (3A), he is dismissed by the nominating officer

who consented (or that officer’s successor) and the

Presiding Officer is notified of his dismissal.”

      (4)  

After sub-paragraph (10) insert—

20

  “(10A)  

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),—

(a)   

the total number of Ministerial offices held by members of

a political party increases; or

25

(b)   

the total number of Ministerial offices held by members of

a political party decreases,

           

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.

30

    (10B)  

But sub-paragraph (10A) shall not apply if—

(a)   

either of the former Ministers ceased to hold office by

virtue of being dismissed by a nominating officer under

sub-paragraph (9)(d); and

(b)   

before the relevant Ministerial offices were filled, either of

35

the conditions in sub-paragraph (10C) was satisfied in

relation to each member of the Assembly who was a

member of the political party of the nominating officer

concerned.

    (10C)  

The conditions are that—

40

(a)   

the First Minister and the deputy First Minister sought to

nominate the member under sub-paragraph (3) for one of

the relevant Ministerial offices but consent to his

nomination was not given in accordance with sub-

paragraph (3A); or

45

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 6 — Department with policing and justice functions: nomination etc of Ministers

34

 

(b)   

the member was nominated under sub-paragraph (3) for

one of the relevant Ministerial offices and the nomination

took effect within the period specified in standing orders

by virtue of sub-paragraph (5)(a), but the member did not

take up the office within that period.”

5

      (5)  

After sub-paragraph (13) insert—

   “(14)  

In this paragraph “nominating officer” has the same meaning as in

section 18.”

Department with rotation between Minister and junior Minister

4     (1)  

Paragraph 11 (provisions relating to relevant Minister and relevant junior

10

Minister) is amended as follows.

      (2)  

After sub-paragraph (3) insert—

   “(3A)  

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

15

standing orders.”

      (3)  

In sub-paragraph (9), at the end insert “; or

(d)   

where consent to his nomination was required under sub-

paragraph (3A), he is dismissed by the nominating officer

who consented (or that officer’s successor) and the

20

Presiding Officer is notified of his dismissal.”

      (4)  

After sub-paragraph (11) insert—

  “(11A)  

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

25

junior Ministerial office being filled by virtue of sub-paragraph

(11)(b),—

(a)   

the total number of Ministerial offices or junior Ministerial

offices held by members of a political party increases; or

(b)   

the total number of Ministerial offices or junior Ministerial

30

offices held by members of a political party decreases,

           

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.

    (11B)  

But sub-paragraph (11A) shall not apply if—

35

(a)   

the former Minister or the former junior Minister ceased to

hold office by virtue of being dismissed by a nominating

officer under sub-paragraph (9)(d); and

(b)   

before the relevant Ministerial office and the relevant

junior Ministerial office were filled, either of the conditions

40

in sub-paragraph (11C) was satisfied in relation to each

member of the Assembly who was a member of the

political party of the nominating officer concerned.

    (11C)  

The conditions are that—

(a)   

the First Minister and the deputy First Minister sought to

45

nominate the member under sub-paragraph (3) for the

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 7 — Minor and consequential amendments relating to Part 2

35

 

appropriate office, but consent to his nomination was not

given in accordance with sub-paragraph (3A); or

(b)   

the member was nominated under sub-paragraph (3) for

the appropriate office and the nomination took effect

within the period specified in standing orders by virtue of

5

sub-paragraph (5)(a), but the member did not take up the

office within that period.

    (11D)  

In sub-paragraph (11C) “the appropriate office” means—

(a)   

in relation to a person who was a member of the political

party of the nominating officer who dismissed the former

10

Minister, the relevant Ministerial office;

(b)   

in relation to a person who was a member of the political

party of the nominating officer who dismissed the former

junior Minister, the relevant junior Ministerial office.”

      (5)  

After sub-paragraph (14) insert—

15

   “(15)  

In this paragraph “nominating officer” has the same meaning as in

section 18.”

Schedule 7

Section 19

 

Minor and consequential amendments relating to Part 2

Northern Ireland Act 1998 (c. 47)

20

1          

The 1998 Act is amended as follows.

2          

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”.

25

3          

In section 98 (interpretation), in subsection (1), insert the following

definition at the appropriate place—

““the St Andrews Agreement” means the agreement reached on

13 October 2006 at multi-party talks on Northern Ireland held

at St Andrews;”.

30

4     (1)  

Schedule 2 (excepted matters) is amended as follows.

      (2)  

In paragraph 3(b)(i), for “a nomination under section 52” substitute “any

provision of section 52A or 52B”.

      (3)  

In paragraph 22—

(a)   

in sub-paragraph (b), for “and 28” substitute “, 28, 28A, 28B, 28D and

35

28E”;

(b)   

in sub-paragraph (d), for “52” substitute “52A to 52C”.

5          

In Schedule 3 (reserved matters), in paragraph 42(a), for “and 28” substitute

“, 28, 28A and 28B”.

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 8 — Reconstitution of district policing partnerships

36

 

Northern Ireland Act 2000 (c. 1)

6          

In section 1 of the 2000 Act (suspension of devolved government in Northern

Ireland), in subsection (5), for “section 52” substitute “section 52A, 52B”.

Schedule 8

Section 20(1)

 

Reconstitution of district policing partnerships

5

Introduction

1     (1)  

Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) has effect subject

to this Schedule.

      (2)  

In this Schedule—

“the Board” means the Northern Ireland Policing Board;

10

“the commencement date” means the date on which this Schedule

comes into force;

“the council”, in relation to a DPP, means the district council by which

the DPP is established;

“district council” has the same meaning as in the Local Government Act

15

(Northern Ireland) 1972 (c. 9 (N.I.));

“DPP” means a district policing partnership;

“independent appointment date”, in relation to a DPP, means the date

published by the Board under paragraph 4(2) of this Schedule;

“independent member”, in relation to a DPP, means a member

20

appointed under paragraph 2(3)(b), (4)(b) or (5)(b) of Schedule 3 to

the Police (Northern Ireland) Act 2000;

“political appointment date”, in relation to a DPP, means the date

published by the council under paragraph 3(2) of this Schedule;

“political member”, in relation to a DPP, means a member appointed

25

under paragraph 2(3)(a), (4)(a) or (5)(a) of Schedule 3 to the Police

(Northern Ireland) Act 2000.

Report on whether DPPs meet the political condition

2     (1)  

The Board must comply with the requirements of this paragraph within a

period of 15 days beginning with the commencement date.

30

      (2)  

The Board must consider whether the political condition is met in relation to

each DPP.

      (3)  

The Board must submit to the Secretary of State a report on each DPP—

(a)   

stating whether or not, in the view of the Board, the political

condition is met in relation to the DPP, and

35

(b)   

setting out its reasons for that view.

      (4)  

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.

      (5)  

The Board must publish a list of the DPPs which, in its view, do not meet the

political condition.

40

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 8 — Reconstitution of district policing partnerships

37

 

      (6)  

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.

      (7)  

For the purposes of this paragraph an independent member of a council

5

shall be treated as a party.

Appointment of political members of DPPs which do not meet the political condition

3     (1)  

This paragraph applies in relation to each DPP specified in the list published

under paragraph 2(5).

      (2)  

The council must publish notice of the date which is to be the political

10

appointment date in relation to the DPP.

      (3)  

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.

      (4)  

The political appointment date in relation to a DPP must be a date no later

15

than three months after the date on which the list is published.

      (5)  

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.

      (6)  

On the political appointment date, the council must appoint political

members of the DPP in accordance with Schedule 3 to the Police (Northern

20

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”.

      (7)  

A person who ceases to hold office as a political member by virtue of sub-

25

paragraph (5) shall be eligible for re-appointment.

      (8)  

Where a political member of the DPP ceases to hold office at any time during

the period—

(a)   

beginning with the date on which the list is published, and

(b)   

ending with the day before the political appointment date,

30

           

no appointment shall be made to fill the casual vacancy.

      (9)  

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.

Appointment of independent members of DPPs which do not meet the political condition

35

4     (1)  

This paragraph applies in relation to each DPP specified in the list published

under paragraph 2(5).

      (2)  

The Board must publish notice of the date which is to be the independent

appointment date in relation to the DPP.

      (3)  

Notice under sub-paragraph (2) must be published in such manner as

40

appears to the Board appropriate for bringing it to the attention of interested

persons.

 

 

Northern Ireland (St Andrews Agreement) Bill
Schedule 9 — District policing partnerships: Belfast sub-groups

38

 

      (4)  

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.

      (5)  

On the independent appointment date, the Board must appoint independent

members of the DPP in accordance with Schedule 3 to the Police (Northern

5

Ireland) Act 2000 (c. 32).

      (6)  

A person who ceases to hold office as an independent member by virtue of

sub-paragraph (4) shall be eligible for re-appointment.

      (7)  

Where an independent member of the DPP ceases to hold office at any time

during the period—

10

(a)   

beginning with the date on which the list is published, and

(b)   

ending with the day before the independent appointment date,

           

no appointment shall be made to fill the casual vacancy.

      (8)  

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

15

date to fill the vacancy in the office.

Supplementary provisions

5     (1)  

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

20

provision of Schedule 3 to that Act.

      (2)  

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.

25

Schedule 9

Section 20(2)

 

District policing partnerships: Belfast sub-groups

Introduction

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

30

is amended as follows.

Effect of local government election on membership of sub-group

2     (1)  

In paragraph 1, after sub-paragraph (1) insert—

   “(1A)  

In this Schedule, in relation to a sub-group and the holding of a

local general election—

35

“the transitional period” means the period—

(a)   

beginning with the election day; and

(b)   

ending with the day before the reconstitution date;

“reconstitution date” means the date published by notice of

the Board under paragraph 4(2A).”

40

 

 

 
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