Northern Ireland Act 1998
1998 c. 47
An Act to make new provision for the government of Northern Ireland for the purpose of implementing the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883.
[19th November 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) It is hereby declared that Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1.
(2) But if the wish expressed by a majority in such a poll is that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland, the Secretary of State shall lay before Parliament such proposals to give effect to that wish as may be agreed between Her Majesty’s Government in the United Kingdom and the Government of Ireland.
(1) If it appears to the Secretary of State that sufficient progress has been made in implementing the Belfast Agreement, he shall lay before Parliament the draft of an Order in Council appointing a day for the commencement of Parts II and III (“the appointed day”).
(2) If the draft Order laid before Parliament under subsection (1) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.
(1) In this Act—
“excepted matter” means any matter falling within a description specified in Schedule 2;
“reserved matter” means any matter falling within a description specified in Schedule 3;
“transferred matter” means any matter which is not an excepted or reserved matter.
(2) If at any time after the appointed day it appears to the Secretary of State—
(a) that any reserved matter should become a transferred matter; or
(b) that any transferred matter should become a reserved matter,
he may, subject to subsections (2A) to (3D) , lay before Parliament the draft of an Order in Council amending Schedule 3 so that the matter ceases to be or, as the case may be, becomes a reserved matter with effect from such date as may be specified in the Order.
(2A) The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending Schedule 3 so that a policing and justice matter ceases to be a reserved matter unless—
(a) a motion for a resolution praying that the matter should cease to be a reserved matter is tabled by the First Minister and the deputy First Minister acting jointly; and
(b) the resolution is passed by the Assembly with the support of a majority of the members voting on the motion, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
(3) The Secretary of State shall not lay before Parliament under subsection (2) the draft of any other Order unless the Assembly has passed with cross-community support a resolution praying that the matter concerned should cease to be or, as the case may be, should become a reserved matter.
(3A) The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 16 of Schedule 3 (Civil Service Commissioners for Northern Ireland) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.
(3B) The report under subsection (3A) must set out the Secretary of State's view of the effect (if any) that the Order would have on—
(a) the independence of the Civil Service Commissioners for Northern Ireland;
(b) the application of the principle that persons should be selected for appointment to the Northern Ireland Civil Service on merit on the basis of fair and open competition; and
(c) the impartiality of the Northern Ireland Civil Service.
(3C) The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 42(aa) of Schedule 3 (Northern Ireland Human Rights Commission) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.
(3D) The report under subsection (3C) must set out the Secretary of State's view of the effect (if any) that the Order would have on—
(a) the independence of the Northern Ireland Human Rights Commission;
(b) the application of internationally accepted principles relating to national human rights institutions; and
(c) the relationship between the Northern Ireland Human Rights Commission and the Assembly.
(4) If the draft of an Order laid before Parliament under subsection (2) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.
(5) In this Act—
“the Assembly” means the New Northern Ireland Assembly, which after the appointed day shall be known as the Northern Ireland Assembly;
“cross-community support”, in relation to a vote on any matter, means—
the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; or
the support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting;
“designated Nationalist” means a member designated as a Nationalist in accordance with standing orders of the Assembly and “designated Unionist” shall be construed accordingly.
(5A) Standing orders of the Assembly shall provide that a member of the Assembly designated in accordance with the standing orders as a Nationalist, as a Unionist or as Other may change his designation only if—
(a) (being a member of a political party) he becomes a member of a different political party or he ceases to be a member of any political party;
(b) (not being a member of any political party) he becomes a member of a political party.
(6) In this section “policing and justice matter” means a matter falling within a description specified in—12
(a) any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or
(b) any other provision of that Schedule designated for this purpose by an order made by the Secretary of State.
(1) Subject to sections 6 to 8, the Assembly may make laws, to be known as Acts.
(2) A Bill shall become an Act when it has been passed by the Assembly and has received Royal Assent.
(3) A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Great Seal of Northern Ireland signed with Her Majesty’s own hand signifying Her Assent are notified to the Presiding Officer.
(4) The date of Royal Assent shall be written on the Act by the Presiding Officer, and shall form part of the Act.
(5) The validity of any proceedings leading to the enactment of an Act of the Assembly shall not be called into question in any legal proceedings.
(6) This section does not affect the power of the Parliament of the United Kingdom to make laws for Northern Ireland, but an Act of the Assembly may modify any provision made by or under an Act of Parliament in so far as it is part of the law of Northern Ireland.
(1) A provision of an Act is not law if it is outside the legislative competence of the Assembly.
(2) A provision is outside that competence if any of the following paragraphs apply—
(a) it would form part of the law of a country or territory other than Northern Ireland, or confer or remove functions exercisable otherwise than in or as regards Northern Ireland;
(b) it deals with an excepted matter and is not ancillary to other provisions (whether in the Act or previously enacted) dealing with reserved or transferred matters;
(c) it is incompatible with any of the Convention rights;
(ca) it is incompatible with Article 2(1) of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement (rights of individuals);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) it discriminates against any person or class of person on the ground of religious belief or political opinion;
(f) it modifies an enactment in breach of section 7.
(3) For the purposes of this Act, a provision is ancillary to other provisions if it is a provision—
(a) which provides for the enforcement of those other provisions or is otherwise necessary or expedient for making those other provisions effective; or
(b) which is otherwise incidental to, or consequential on, those provisions;
and references in this Act to provisions previously enacted are references to provisions contained in, or in any instrument made under, other Northern Ireland legislation or an Act of Parliament.
(4) Her Majesty may by Order in Council specify functions which are to be treated, for such purposes of this Act as may be specified, as being, or as not being, functions which are exercisable in or as regards Northern Ireland.
(5) No recommendation shall be made to Her Majesty to make an Order in Council under subsection (4) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.
(1) Subject to subsections (2A) and (2B), the following enactments shall not be modified by an Act of the Assembly or subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the Human Rights Act 1998; ...
(c) section 43(1) to (6) and (8), section 67, sections 84 to 86B, section 95(3) and (4) and section 98 ....
(d) section 1 and section 84 of the Justice (Northern Ireland) Act 2002.; ...
(e) the European Union (Withdrawal) Act 2018; and
(f) the United Kingdom Internal Market Act 2020.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—
(ba) any excluded provision of the European Union (Withdrawal) Act 2018, or
(c) any regulations made under that Act.
(2B) For the purposes of subsection (2A)(ba), the following are excluded provisions of the European Union (Withdrawal) Act 2018—
(a) section 1B(3) and (4),
(b) sections 8A to 8C,
(c) section 10(3) and (4),
(d) sections 13A and 13B,
(e) sections 15A to 15C,
(f) Parts 1A to 1C of Schedule 2,
(g) paragraphs 1(11) and (12), 2(12) and (13) and 8A to 8G of Schedule 7, and
(h) paragraph 21 of Schedule 8.
(3) In this Act “Minister”, unless the context otherwise requires, means the First Minister, the deputy First Minister or a Northern Ireland Minister.
7A Cross-community support required for Bill altering size of Assembly
(1) The Assembly shall not pass a relevant Bill without cross-community support.
(2) In this section—
“pass”, in relation to a Bill, means pass at the stage in the Assembly's proceedings at which the Bill falls finally to be passed or rejected;
“relevant Bill” means a Bill containing a provision which deals with a matter falling within a description specified in paragraph 7A of Schedule 3 (size of Assembly).
8 Consent of Secretary of State required in certain cases.
The consent of the Secretary of State shall be required in relation to a Bill which contains—
(a) a provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
(b) a provision which deals with a reserved matter.
(1) A Minister in charge of a Bill shall, on or before introduction of it in the Assembly, make a statement to the effect that in his view the Bill would be within the legislative competence of the Assembly.
(2) The statement shall be in writing and shall be published in such manner as the Minister making the statement considers appropriate.
(1) Standing orders shall ensure that a Bill is not introduced in the Assembly if the Presiding Officer decides that any provision of it would not be within the legislative competence of the Assembly.
(2) Subject to subsection (3)—
(a) the Presiding Officer shall consider a Bill both on its introduction and before the Assembly enters on its final stage; and
(b) if he considers that the Bill contains—
(i) any provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
(ii) any provision which deals with a reserved matter,
he shall refer it to the Secretary of State; and
(c) the Assembly shall not proceed with the Bill or, as the case may be, enter on its final stage unless—
(i) the Secretary of State’s consent to the consideration of the Bill by the Assembly is signified; or
(ii) the Assembly is informed that in his opinion the Bill does not contain any such provision as is mentioned in paragraph (b)(i) or (ii).
(3) Subsection (2)(b) and (c) shall not apply—
(a) where, in the opinion of the Presiding Officer, each provision of the Bill which deals with an excepted or reserved matter is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only; or
(b) on the introduction of a Bill, where the Bill has been endorsed with a statement that the Secretary of State has consented to the Assembly considering the Bill.
(4) In this section and section 14 “final stage”, in relation to a Bill, means the stage in the Assembly’s proceedings at which the Bill falls finally to be passed or rejected.
(1) The Advocate General for Northern Ireland or the Attorney General for Northern Ireland may refer the question of whether a provision of a Bill would be within the legislative competence of the Assembly to the Supreme Court for decision.
(2) Subject to subsection (3), he may make a reference in relation to a provision of a Bill at any time during—
(a) the period of four weeks beginning with the passing of the Bill; and
(b) the period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 13(6).
(3) If he notifies the Presiding Officer that he does not intend to make a reference in relation to a provision of a Bill, he shall not make such a reference unless, after the notification, the Bill is approved as mentioned in subsection (2)(b).
(4) If the Supreme Court decides that any provision of a Bill would be within the legislative competence of the Assembly, its decision shall be taken as applying also to that provision if contained in the Act when enacted.
(1) Standing orders shall include provision—
(a) for general debate on a Bill with an opportunity for members to vote on its general principles;
(b) for the consideration of, and an opportunity for members to vote on, the details of a Bill; and
(c) for a final stage at which a Bill can be passed or rejected but not amended.
(2) Standing orders may, in relation to different types of Bill, modify provisions made in pursuance of subsection (1)(a) or (b).
(3) Standing orders—
(a) shall include provision for establishing such a committee as is mentioned in paragraph 11 of Strand One of the Belfast Agreement;
(b) may include provision for the details of a Bill to be considered by the committee in such circumstances as may be specified in the orders.
(4) Standing orders shall include provision—
(a) requiring the Presiding Officer to send a copy of each Bill, as soon as reasonably practicable after introduction, to the Northern Ireland Human Rights Commission; and
(b) enabling the Assembly to ask the Commission, where the Assembly thinks fit, to advise whether a Bill is compatible with human rights (including the Convention rights).
(5) Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)—
(a) the Supreme Court decides that any provision of the Bill would not be within the legislative competence of the Assembly;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a decision is made in relation to the Bill under section 14(4) or (5); or
(d) a motion under section 15(1) is passed by either House of Parliament.
(6) Standing orders shall, in particular, ensure that any Bill amended on reconsideration is subject to a final stage at which it can be approved or rejected but not amended.
(7) References in subsection (5) and other provisions of this Act to the passing of a Bill shall, in the case of a Bill which has been amended on reconsideration, be read as references to the approval of the Bill.
(1) It shall be the Secretary of State who submits Bills for Royal Assent.
(2) The Secretary of State shall not submit a Bill for Royal Assent at any time when—
(a) the Advocate General for Northern Ireland or the Attorney General for Northern Ireland is entitled to make a reference in relation to a provision of the Bill under section 11; or
(b) any such reference has been made but has not been decided or otherwise disposed of by the Supreme Court .
(3) If—
(a) the Supreme Court has decided that any provision of a Bill would not be within the legislative competence of the Assembly; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Secretary of State shall not submit the Bill in its unamended form for Royal Assent.
(3A) The Secretary of State shall not submit a Bill for Royal Assent if the Assembly has passed the Bill in contravention of section 7A (cross-community support required for Bill altering size of Assembly).
(4) The Secretary of State may, unless he consents to it, decide not to submit for Royal Assent a Bill containing a provision—
(a) which the Secretary of State considers deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
(b) which the Secretary of State considers deals with a reserved matter,
if the Bill has not been referred to him under subsection (2) of section 10 (whether by virtue of subsection (3)(a) of that section or otherwise) before the Assembly enters on its final stage.
(5) The Secretary of State may decide not to submit for Royal Assent a Bill which contains a provision which he considers—
(a) would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or
(b) would have an adverse effect on the operation of the single market in goods and services within the United Kingdom.
(1) Subject to subsections (2) and (3), a Bill to which the Secretary of State has consented under this Part shall not be submitted by him for Royal Assent unless he has first laid it before Parliament and either—
(a) the period of 20 days beginning with the date on which it is laid has expired without notice having been given in either House of a motion that the Bill shall not be submitted for Royal Assent; or
(b) if notice of such a motion is given within that period, the motion has been rejected or withdrawn.
(2) Subsection (1) shall not apply to a Bill if the Secretary of State considers that it contains no provision which deals with an excepted or reserved matter except a provision which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only.
(3) Subsection (1) shall not apply to a Bill if the Secretary of State considers that by reason of urgency it should be submitted for Royal Assent without first being laid before Parliament.
(4) Any Bill submitted by virtue of subsection (3) shall, if given Royal Assent, be laid before Parliament by the Secretary of State after Royal Assent, and if—
(a) within the period of 20 days beginning with the date on which it is laid notice is given in either House of a motion praying that the Act of the Assembly shall cease to have effect; and
(b) that motion is carried,
Her Majesty may by Order in Council repeal that Act with effect from such date as may be specified in the Order.
(5) An Order in Council under subsection (4) may make such consequential and transitional provisions and such savings in connection with the repeal as appear to Her Majesty to be necessary or expedient.
(6) Any notice of motion for the purposes of subsection (1) or (4) must be signed by not less than 20 members of the House in which it is given; and the period mentioned in that subsection shall be computed, in relation to each House, by reference only to days on which that House sits.
16A Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election
(1) This section applies where an Assembly is elected under section 31 or 32.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Before the end of the period for filling Ministerial offices—
(a) the offices of First Minister and deputy First Minister shall be filled by applying subsections (4) to (7); and
(b) the Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).
(3A) In this section “the period for filling Ministerial offices” means the period comprising—
(a) the period of six weeks beginning with the day on which the Assembly first meets, and
(b) the next three successive periods of six weeks (each referred to as an “extension period”), except for any period that is excluded by subsection (3B).
(3B) An extension period is excluded if, before it begins, the Assembly resolves that the period for filling Ministerial offices should not be extended (or further extended).
(3C) The Assembly may not pass a resolution under subsection (3B) without cross-community support.
(4) The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.
(5) The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.
(6) If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).
(7) Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.
(8) But no person may take up office as First Minister, deputy First Minister or Northern Ireland Minister by virtue of this section after the end of the period mentioned in subsection (3) (see further section 32(3)).
(9) The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.
(10) Subject to the provisions of this Part, the First Minister , the deputy First Minister and the Northern Ireland Ministers shall hold office until immediately before those offices are next filled by virtue of this section.
(11) The holder of the office of First Minister or deputy First Minister may by notice in writing to the Presiding Officer designate a Northern Ireland Minister to exercise the functions of that office—
(a) during any absence or incapacity of the holder; or
(b) during any vacancy in that office arising otherwise than under section 16B(2),
but a person shall not have power to act by virtue of paragraph (a) for a continuous period exceeding six weeks.
(11A) The First Minister and deputy First Minister cease to hold office if the period of 24 weeks beginning with the day on which an Assembly first meets expires without those offices having been filled by virtue of this section.
(12) This section shall be construed in accordance with, and is subject to, section 16C.
16B Vacancies in the office of First Minister or deputy First Minister
(1) The First Minister or the deputy First Minister—
(a) may at any time resign by notice in writing to the Presiding Officer; and
(b) shall cease to hold office if he ceases to be a member of the Assembly otherwise than by virtue of a dissolution.
(2) If either the First Minister or the deputy First Minister ceases to hold office at any time, whether by resignation or otherwise, the other—
(a) shall also cease to hold office at that time; but
(b) may continue to exercise the functions of his office until immediately before those offices are filled in accordance with this section.
(3) Where at any time the offices of First Minister and deputy First Minister become vacant otherwise than by virtue of section 16A(11A), they shall be filled by applying subsections (4) to (7) before the end of the period for filling the offices of First Minister and deputy First Minister.
(3A) In this section “the period for filling the offices of First Minister and deputy First Minister” means the period comprising—
(a) the period of six weeks beginning with the day on which the offices of First Minister and deputy First Minister become vacant, and
(b) the next three successive periods of six weeks (each referred to as an “extension period”), except for any period that is excluded by subsection (3B).
(3B) An extension period is excluded if, before it begins, the Assembly resolves that the period for filling the offices of First Minister and deputy First Minister should not be extended (or further extended).
(3C) The Assembly may not pass a resolution under subsection (3B) without cross-community support.
(4) The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.
(5) The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.
(6) If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).
(7) Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.
(8) But no person may take up office as First Minister or deputy First Minister under this section after the end of the period mentioned in subsection (3) (see further section 32(3)).
(9) The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.
(10) This section shall be construed in accordance with, and is subject to, section 16C.
(1) In sections 16A and 16B and this section “nominating officer”, in relation to a party, means—
(a) the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party's nominating officer; or
(b) a member of the Assembly nominated by him for the purposes of this section.
(2) For the purposes of sections 16A and 16B and this section—
(a) the size of a political party is to be determined by reference to the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election; but
(b) if two or more parties are taken by virtue of paragraph (a) to be of the same size, the respective sizes of those parties is to be determined by reference to the number of first preference votes cast for the parties at the last general election of members of the Assembly;
(this is subject to subsections (7) and (8)).
(3) For the purposes of sections 16A and 16B and this section, a political party to which one or more members of the Assembly belong is to be taken—
(a) to be of the political designation “Nationalist” if, at the relevant time (see subsection (11)), more than half of the members of the Assembly who belonged to the party were designated Nationalists;
(b) to be of the political designation “Unionist” if, at the relevant time, more than half of the members of the Assembly who belonged to the party were designated Unionists;
(c) otherwise, to be of the political designation “Other”.
(4) For the purposes of sections 16A and 16B and this section—
(a) the size of the political designation “Nationalist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Nationalists;
(b) the size of the political designation “Unionist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Unionists;
(c) the size of the political designation “Other” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were neither designated Nationalists nor designated Unionists.
(5) But if two or more political designations are taken by virtue of subsection (4) to be of the same size, the respective sizes of those designations is to be determined by reference to the aggregate number of first preference votes cast, at the last general election of members of the Assembly, for members of the Assembly who, at the relevant time, were—
(a) designated Nationalists (in the case of the political designation “Nationalist”);
(b) designated Unionists (in the case of the political designation “Unionist”); or
(c) neither designated Nationalists nor designated Unionists (in the case of the political designation “Other”).
(6) If at any time the party which is the largest political party of the largest political designation is not the largest political party—
(a) any nomination to be made at that time under section 16A(4) or 16B(4) shall instead be made by the nominating officer of the largest political party; and
(b) any nomination to be made at that time under section 16A(5) or 16B(5) shall instead be made by the nominating officer of the largest political party of the largest political designation.
(7) Where—
(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b) the party's period of exclusion (see subsection (12)) under that provision has not come to an end,
subsection (2)(a) above shall have effect as if the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election was nil.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Where—
(a) a person nominated by the nominating officer of a political party ceased to hold office as First Minister or deputy First Minister as a result of a resolution of the Assembly under section 30(2)...; and
(b) the party's period of exclusion under section 30(2) ... subsequently comes to an end otherwise than by virtue of the dissolution of the Assembly,
the First Minister and the deputy First Minister shall cease to hold office when the party's period of exclusion under that provision comes to an end ....
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) In this section “the relevant time” means the end of the day on which the Assembly first met following its election.
(12) In this section, a reference to a period of exclusion ... is, in the case of a period of exclusion ... which has been extended, a reference to that period as extended.
(13) Standing orders may make further provision in connection with the making of nominations under sections 16A and 16B.
(14) In this Act “the pledge of office” means the pledge of office which, together with the code of conduct to which it refers, is set out in Schedule 4.
(1) The First Minister and the deputy First Minister acting jointly may at any time, and shall where subsection (2) applies, determine—
(a) the number of Ministerial offices to be held by Northern Ireland Ministers; and
(b) the functions to be exercisable by the holder of each such office.
(2) This subsection applies where provision is made by an Act of the Assembly for establishing a new Northern Ireland department or dissolving an existing one.
(3) In making a determination under subsection (1), the First Minister and the deputy First Minister shall ensure that the functions exercisable by those in charge of the different Northern Ireland departments existing at the date of the determination are exercisable by the holders of different Ministerial offices.
(4) The number of Ministerial offices shall not exceed 10 or such greater number as the Secretary of State may by order provide.
(5) A determination under subsection (1) shall not have effect unless it is approved by a resolution of the Assembly passed with cross-community support.
(A1) Where—
(a) an Assembly is elected—
(i) at a poll the date for which is proposed under section 32(3B), or
(ii) following the issue of a certificate under subsection (A2),
(b) the period of 24 weeks beginning with the day on which an Assembly first meets expires without the offices mentioned in section 16A(3) having been filled, or
(c) the period of 48 weeks beginning with the day on which a vacancy arises in the offices of First Minister and deputy First Minister expires without those offices having been filled,
all Northern Ireland Ministers shall cease to hold office (and the Ministerial offices shall remain vacant until next filled by virtue of section 16A).
(A2) Where the Secretary of State—
(a) has proposed, or is under a duty to propose, a date for the poll for the election of the next Assembly under section 32(1) or (3), and
(b) considers that, in order to give effect to the purpose underlying paragraph 3.15 of Annex C of Part 2 of The New Decade, New Approach Deal so far as it relates to representation, it is necessary for the Northern Ireland Ministers to cease to hold office on the election of that Assembly,
the Secretary of State may issue a certificate that the conditions in paragraphs (a) and (b) are met.
(1) Where—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a determination under section 17(1) takes effect;
(c) a resolution which causes one or more Ministerial offices to become vacant is passed under section 30(2);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(da) a period of exclusion under section 30(2) ... comes to an end; or.
(e) such other circumstances obtain as may be specified in standing orders,
all Northern Ireland Ministers shall cease to hold office and the Ministerial offices shall be filled by applying subsections (2) to (6) within a period so specified.
(2) The nominating officer of the political party for which the formula in subsection (5) gives the highest figure may select a Ministerial office and nominate a person to hold it who is a member of the party and of the Assembly.
(3) If—
(a) the nominating officer does not exercise the power conferred by subsection (2) within a period specified in standing orders; or
(b) the nominated person does not take up the selected Ministerial office within that period,
that power shall become exercisable by the nominating officer of the political party for which the formula in subsection (5) gives the next highest figure.
(4) Subsections (2) and (3) shall be applied as many times as may be necessary to secure that each of the Ministerial offices is filled.
(5) The formula is—
S
1
+
M
where—
S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;
M = the number of Ministerial offices (if any) which are held by members of the party.
(6) Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.
(7) The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold a Ministerial office.
(8) A Northern Ireland Minister shall not take up office until he has affirmed the terms of the pledge of office.
(9) A Northern Ireland Minister shall cease to hold office if—
(a) he resigns by notice in writing to the First Minister and the deputy First Minister;
(aa) there is an Assembly election at which the Minister is not returned as a member;
(b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
(c) he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the Presiding Officer is notified of his dismissal.
(10) Where a Ministerial office is vacant otherwise than by virtue of subsection (A1) or (1), the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.
(11) If—
(a) the nominating officer does not exercise the power conferred by subsection (10) within a period specified in standing orders; or
(b) the nominated person does not take up the office within that period,
the vacancy shall be filled by applying subsections (2) to (6) within a period specified in standing orders.
(12) Where—
(a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
(b) the party’s period of exclusion under that provision has not come to an end,
the party shall be disregarded for the purposes of any application of subsections (2) to (6).
(12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) In this section “nominating officer”, in relation to a party, means—
(a) the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party's nominating officer; or
(b) a member of the Assembly nominated by him for the purposes of this section.
(14) In this section, a reference to a period of exclusion ... is, in the case of a period of exclusion ... which has been extended, a reference to that period as extended.
(1) The First Minister and the deputy First Minister acting jointly may at any time determine—
(a) that a number of members of the Assembly specified in the determination shall be appointed as junior Ministers in accordance with such procedures for their appointment as are so specified; and
(b) that the functions exercisable by virtue of each junior Ministerial office shall be those specified in relation to that office in the determination.
(2) Procedures specified in a determination under this section may apply such formulae or other rules as the First Minister and the deputy First Minister consider appropriate.
(3) A determination under this section shall—
(a) make provision as to the circumstances in which a junior Minister shall cease to hold office, and for the filling of vacancies; and
(b) provide that a junior Minister shall not take up office until he has affirmed the terms of the pledge of office.
(4) A determination under this section shall not take effect until it has been approved by a resolution of the Assembly.
(5) Where a determination under this section takes effect—
(a) any junior Ministers previously appointed shall cease to hold office; and
(b) the procedures specified in the determination shall be applied within a period specified in standing orders.
19A Disqualification for certain offices which may be held by members of the Assembly.
(1) No person may—
(a) be nominated to hold the office of First Minister or deputy First Minister or a Ministerial office to be held by a Northern Ireland Minister,
(c) be appointed as a junior Minister, or
(d) be nominated under paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 (members of the Northern Ireland Policing Board drawn from the Northern Ireland Assembly),
if he is the holder of a disqualifying office.
(2) A Minister or junior Minister ceases to hold that office on becoming the holder of a disqualifying office.
(3) A person holding office as a member of the Northern Ireland Policing Board in accordance with paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 ceases to hold that office on becoming the holder of a disqualifying office.
(4) In this section “disqualifying office” means—
(a) Minister of the Government of Ireland; or
(b) chairman or deputy chairman of—
(i) a committee of the Dáil Éireann (House of Representatives of Ireland);
(ii) a committee of the Seanad Éireann (Senate of Ireland); or
(iii) a joint committee of the Oireachtas (National Parliament of Ireland).
(1) There shall be an Executive Committee of each Assembly consisting of the First Minister, the deputy First Minister and the Northern Ireland Ministers.
(2) The First Minister and the deputy First Minister shall be chairmen of the Committee.
(3) The Committee shall have the functions set out in paragraphs 19 and 20 of Strand One of the Belfast Agreement.
(4) The Committee shall also have the function of discussing and agreeing upon—
(a) where the agreed programme referred to in paragraph 20 of Strand One of that Agreement has been approved by the Assembly and is in force, any significant or controversial matters that are clearly outside the scope of that programme;
(aa) where no such programme has been approved by the Assembly, any significant or controversial matters;
(b) significant or controversial matters that the First Minister and deputy First Minister acting jointly have determined to be matters that should be considered by the Executive Committee.
(5) Subsections (3) and (4) are subject to subsections (6) to (9).
(6) Quasi-judicial decisions may be made by the Department of Justice or the Minister in charge of that Department without recourse to the Executive Committee.
(7) Decisions may be made by the Department for Infrastructure or the Minister in charge of that Department in the exercise of any function under—
(a) the Planning Act (Northern Ireland) 2011 (except a function under section 1 of that Act); or
(b) regulations or orders made under that Act,
without recourse to the Executive Committee.
(8) Nothing in subsection (3) requires a Minister to have recourse to the Executive Committee in relation to any matter unless that matter affects the exercise of the statutory responsibilities of one or more other Ministers more than incidentally.
(9) A matter does not affect the exercise of the statutory responsibilities of a Minister more than incidentally only because there is a statutory requirement to consult that Minister.
(1) Subject to subsection (2), the Northern Ireland departments existing on the appointed day shall be the Northern Ireland departments for the purposes of this Act.
(2) Provision may be made by Act of the Assembly for establishing new Northern Ireland departments or dissolving existing ones.
(3) If an Act of the Assembly which establishes a new Northern Ireland department provides for it to be in the charge of the First Minister and the deputy First Minister acting jointly—
(a) the department shall not be regarded as a Northern Ireland department for the purposes of subsection (2) or (3) of section 17; and
(b) the office held by those Ministers as the head of the department shall not be regarded as a Ministerial office for the purposes of subsection (4) of that section or section 18.
21A Northern Ireland department with policing and justice functions
(1) An Act of the Assembly that—
(a) establishes a new Northern Ireland department; and
(b) provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions,
may (but need not) make provision of the kind mentioned in subsection (3) , (3A),(4), (5) or (5A).
(3) The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—
(a) made by the First Minister and the deputy First Minister acting jointly; and
(b) approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
(3A) The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—
(a) made by one or more members of the Assembly, and
(b) approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
(4) The Act may provide for the department to be in the charge of two Northern Ireland Ministers acting jointly.
(5) The Act may provide—
(a) for the department to be in the charge of a Northern Ireland Minister who is supported by a junior Minister; and
(b) for the persons holding those offices to rotate at intervals determined by or under the Act, so that the person who was the Minister in charge of the department becomes the junior Minister and the person who was the junior Minister becomes the Minister.
(5A) The Act may provide—
(a) for the department to be in the charge of a Northern Ireland Minister elected by the Assembly; and
(b) for that Minister to be supported by a deputy Minister elected by the Assembly.
(6) There must not, at any time, be more than one department in relation to which provision of the kind mentioned in any of subsections (3) , (3A),(4) , (5) and (5A) is made by Act of the Assembly , or by Order in Council under subsection (7C).
(7) Schedule 4A (provisions relating to a department with devolved policing and justice functions) shall have effect.
(7A) If it appears to the Secretary of State that there is no reasonable prospect that the Assembly will pass an Act of the kind described in subsection (1)(a) and (b), he may lay before Parliament the draft of an Order in Council which—
(a) establishes a new Northern Ireland department;
(b) provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions;
(c) provides for the department to be in the charge of a Northern Ireland Minister elected by the Assembly and for that Minister to be supported by a deputy Minister elected by the Assembly; and
(d) provides for Part 3A of Schedule 4A to apply in relation to the department (with any necessary modifications).
(7B) The draft of an Order laid before Parliament under subsection (7A) may contain supplementary, incidental, consequential, transitional or saving provision.
(7C) If the draft of an Order laid before Parliament under subsection (7A) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.
(7D) No more than one department may be established by virtue of an Order under subsection (7C).
(8) In this section “devolved policing and justice function” means a function relating to a matter which—
(a) is a transferred matter by virtue of an Order under section 4; and
(b) immediately before the matter became a transferred matter, was a policing and justice matter (within the meaning given by section 4(6)).
21B Section 21A(5A) and (7C): transitional provision
(1) This section has effect in relation to—
(a) the first Act of the Assembly to establish a new Northern Ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions but only if the Act makes provision of the kind mentioned in section 21A(5A) (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009) ; or
(b) an Order in Council under section 21A(7C) establishing a new Northern Ireland department.
(2) The Act or the Order may include provision for or in connection with securing that the department is to be treated, for the purposes of section 17, as not having been established until the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”).
(3) The Act or the Order may include provision for or in connection with applying paragraph 11E(3) to (6) of Schedule 4A (with any necessary modifications) to enable elections to be held, before the time of devolution, to select—
(a) a member of the Assembly (“the relevant Minister designate”) to be the person who is to hold the relevant Ministerial office as from the time of devolution; and
(b) a member of the Assembly (“the deputy Minister designate”) to be the person who is to hold the deputy Ministerial office as from that time.
(4) Where the Act or the Order includes provision by virtue of subsection (3), it shall secure that (notwithstanding paragraph 11E(1) of Schedule 4A)—
(a) if the relevant Minister designate affirms the terms of the pledge of office within a specified period after the time of devolution, he shall become the relevant Minister;
(b) if the deputy Minister designate affirms the terms of the pledge of office within that period, he shall (subject to paragraph (c)) become the deputy Minister;
(c) if the relevant Minister designate does not affirm the terms of the pledge of office within that period—
(i) he shall not become the relevant Minister; and
(ii) paragraph 11E(10) and (11) of Schedule 4A shall apply as if the relevant Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2);
(d) if the deputy Minister designate does not affirm the terms of the pledge of office within that period—
(i) he shall not become the deputy Minister; and
(ii) paragraph 11E(10) of Schedule 4A shall apply as if the deputy Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2).
(5) In this section “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).
(6) In this section “relevant Minister”, “relevant Ministerial office”, “deputy Minister” and “deputy Ministerial office” have the same meaning as in Part 3A of Schedule 4A.
21C Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy Ministerial office
(1) This section applies if the first Northern Ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions (as defined in section 21A(8)) is established—
(a) by an Act of the Assembly which makes provision of the kind mentioned in section 21A(5A) (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009) ; or
(b) by an Order in Council under section 21A(7C).
(2) Standing orders shall require the committee established by virtue of section 29A to consider the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A.
(3) The committee shall, by no later than two years and ten months after the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”), make a report on the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A—
(a) to the Assembly; and
(b) to the Executive Committee,
and the report must include a recommendation as to whether or not the deputy Ministerial office (see subsection (8)) should be retained.
(4) If before the end of the period of three years beginning with the time of devolution (“the initial period”) the Assembly resolves that the deputy Ministerial office should be abolished at a time specified in the resolution (before the end of the initial period), the Secretary of State shall make an order abolishing the deputy Ministerial office (see subsection (9)) at, or as soon as reasonably practicable after, the time specified.
(5) If—
(a) subsection (4) does not apply; and
(b) the Assembly does not resolve, before the end of the initial period, that the deputy Ministerial office should be retained for an additional period ending after the initial period,
the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of the initial period.
(6) If—
(a) subsection (4) does not apply;
(b) the Assembly resolves that the deputy Ministerial office should be retained for an additional period ending after the initial period or for one or more further additional periods; and
(c) one of those additional periods ends without a further additional period having begun,
the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of that period.
(7) A resolution of the Assembly under this section shall not be passed without the support of—
(a) a majority of the members voting on the motion for the resolution;
(b) a majority of the designated Nationalists voting; and
(c) a majority of the designated Unionists voting.
(8) In this section “deputy Ministerial office” has the same meaning as in Part 3A of Schedule 4A.
(9) In this section references to an order abolishing the deputy Ministerial office are to an order amending this Act and any other enactment so far as may be necessary to secure that the Northern Ireland Minister in charge of the department for the time being—
(a) is not to be supported by a deputy Minister (within the meaning of Part 3A of Schedule 4A); and
(b) need not belong to the largest or the second largest political designation (within that meaning).
(10) An order under this section—
(a) shall be made by statutory instrument; and
(b) may contain supplementary, incidental, consequential, transitional or saving provision.
(1) An Act of the Assembly or other enactment may confer functions on a Minister (but not a junior Minister) or a Northern Ireland department by name.
(2) Functions conferred on a Northern Ireland department by an enactment passed or made before the appointed day shall, except as provided by an Act of the Assembly or other subsequent enactment, continue to be exercisable by that department.
(1) The executive power in Northern Ireland shall continue to be vested in Her Majesty.
(2) As respects transferred matters, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall, subject to subsections (2A) and (3) , be exercisable on Her Majesty’s behalf by any Minister or Northern Ireland department.
(2A) So far as the Royal prerogative of mercy is exercisable on Her Majesty’s behalf under subsection (2), it is exercisable only by the Minister in charge of the Department of Justice.
(3) As respects the Northern Ireland Civil Service and the Commissioner for Public Appointments for Northern Ireland, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall be exercisable on Her Majesty’s behalf by the First Minister and the deputy First Minister acting jointly.
(4) The First Minister and deputy First Minister acting jointly may by prerogative order under subsection (3) direct that such of the powers mentioned in that subsection as are specified in the order shall be exercisable on Her Majesty’s behalf by a Northern Ireland Minister or Northern Ireland department so specified.
(1) If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision dealing with an excepted or reserved matter, the Secretary of State may by order revoke the legislation.
(2) An order made under subsection (1) shall recite the reasons for revoking the legislation and may make provision having retrospective effect.
(1) If the Secretary of State considers that any action proposed to be taken by a Minister or Northern Ireland department would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order, he may by order direct that the proposed action shall not be taken.
(2) If the Secretary of State considers that any action capable of being taken by a Minister or Northern Ireland department is required for the purpose of giving effect to any international obligations, of safeguarding the interests of defence or national security or of protecting public safety or public order, he may by order direct that the action shall be taken.
(3) In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Assembly.
(4) If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision which the Secretary of State considers—
(a) would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or
(b) would have an adverse effect on the operation of the single market in goods and services within the United Kingdom,
the Secretary of State may by order revoke the legislation.
(5) An order under this section shall recite the reasons for making the order and may make provision having retrospective effect.
27 Quotas for purposes of international etc obligations.
(1) A Minister of the Crown may make an order containing provision such as is specified in subsection (2) where—
(a) an international obligation or an assimilated obligation is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise); and
(b) the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which is or includes the whole or part of Northern Ireland).
(2) The provision referred to in subsection (1) is provision for the achievement by a Minister or Northern Ireland department (in the exercise of his or its functions) of so much of the result to be achieved under the international obligation or assimilated obligation as is specified in the order.
(3) The order may specify the time by which any part of the result to be achieved by the Minister or department is to be achieved.
(4) Where an order under subsection (1) is in force in relation to an international obligation ..., the obligation shall have effect for the purposes of this Act as if it were an obligation to achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.
(4A) Where an order under subsection (1) is in force in relation to an assimilated obligation, the Minister or Northern Ireland department must (in the exercise of the Minister's or the department's functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.
(5) No order shall be made by a Minister of the Crown under subsection (1) unless he has consulted the Minister or department concerned.
28 Agency arrangements between UK and NI departments.
(1) Arrangements may be made between—
(a) any department of the Government of the United Kingdom or any public body, or holder of a public office, in the United Kingdom; and
(b) any Northern Ireland department,
for any functions of one of them to be discharged by, or by officers of, the other.
(2) No such arrangements shall affect the responsibility of the person on whose behalf any functions are discharged.
(3) In this section—
(a) references to a department of the Government of the United Kingdom include references to any Minister of the Crown; and
(b) references to a Northern Ireland department include references to a Minister.
(1) Without prejudice to the operation of section 24, a Minister or junior Minister shall act in accordance with the provisions of the Ministerial Code.
(2) In this section “the Ministerial Code” means—
(a) the Ministerial Code that becomes the Ministerial Code for the purposes of this section by virtue of paragraph 4 of Schedule 1 to the Northern Ireland (St Andrews Agreement) Act 2006 (as from time to time amended in accordance with this section); or
(b) any replacement Ministerial Code prepared and approved in accordance with this section (as from time to time amended in accordance with this section).
(3) If at any time the Executive Committee—
(a) prepares draft amendments to the Ministerial Code; or
(b) prepares a draft Ministerial Code to replace the Ministerial Code,
the First Minister and deputy First Minister acting jointly shall lay the draft amendments or the draft Code before the Assembly for approval.
(4) A draft Ministerial Code or a draft amendment to the Code—
(a) shall not be approved by the Assembly without cross-community support; and
(b) shall not take effect until so approved.
(5) The Ministerial Code must include provision for requiring Ministers or junior Ministers to bring to the attention of the Executive Committee any matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.
(6) The Ministerial Code must include provision for a procedure to enable any Minister or junior Minister to ask the Executive Committee to determine whether any decision that he is proposing to take, or has taken, relates to a matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.
(7) The Ministerial Code must also include provision as to the procedures of the Executive Committee with respect to—
(a) the taking of decisions; and
(b) consideration by the Committee of decision papers that are to be considered by the North-South Ministerial Council or the British-Irish Council.
(8) The Ministerial Code must in particular provide—
(a) that it is the duty of the chairmen of the Executive Committee to seek to secure that decisions of the Executive Committee are reached by consensus wherever possible;
(b) that, if consensus cannot be reached, a vote may be taken; and
(c) that, if any three members of the Executive Committee require the vote on a particular matter which is to be voted on by the Executive Committee to require cross-community support, any vote on that matter in the Executive Committee shall require cross-community support in the Executive Committee.
(9) The Ministerial Code may include such other provisions as the Executive Committee thinks fit.
(10) Without prejudice to the operation of section 24, a Minister or junior Minister has no Ministerial authority to take any decision in contravention of a provision of the Ministerial Code made under subsection (5).
28B Power to refer Ministerial decision to Executive Committee
(1) This section applies if 30 members petition the Assembly expressing concern that a decision taken by a Minister or junior Minister (“the Ministerial decision”)—
(a) may have been taken in contravention of section 28A(1); or
(b) relates to a matter of public importance.
(2) But this section does not apply if the Ministerial decision has previously been the subject of a reference under this section.
(3) If the Presiding Officer, after consulting the political parties whose members hold seats in the Assembly, certifies that the Ministerial decision relates to a matter of public importance, he shall refer the decision to the Executive Committee for its consideration.
(4) Having considered the reference, the Executive Committee shall notify the Presiding Officer—
(a) whether or not the decision was, in its view, taken in contravention of section 28A(1);
(b) whether or not the decision relates, in its view, to a significant or controversial matter; and
(c) as to any action that the Executive Committee proposes to take, or has taken, in relation to the decision.
(5) No reference may be made under this section after the end of the period of seven days beginning with—
(a) the day on which the Ministerial decision was taken; or
(b) if appropriate, the day on which the decision was notified to the Assembly.
(6) Any consideration by the Executive Committee of a Ministerial decision under this section must be completed before the end of the period of seven days beginning with the day on which the reference is made.
(7) Standing orders shall make provision with respect to the procedure to be followed—
(a) in petitioning the Assembly under subsection (1); and
(b) in making a reference under this section.
(8) The periods mentioned in subsections (5) and (6) shall be computed by reference only to days on which the Assembly sits.