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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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7 provisions
Title and introductory text
Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016
2016 c. 13
An Act to make provision about the Independent Reporting Commission, extend the period for the appointment of Northern Ireland Ministers, modify the pledge made by Northern Ireland Ministers on taking office, provide for persons becoming Members of the Northern Ireland Assembly to give an undertaking, and make provision about the draft budget of the Northern Ireland Executive, in pursuance of the agreement made on 17 November 2015 called A Fresh Start: The Stormont Agreement and Implementation Plan.
[4th May 2016]
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:—
Propose a change6 Extension of period for appointment of Ministers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change7 Pledge of office by Ministers
In the pledge of office set out in Schedule 4 to the Northern Ireland Act 1998, after paragraph (cd) insert—
(ce) to support the rule of law unequivocally in word and deed and to support all efforts to uphold it;
(cf) to work collectively with the other members of the Executive Committee to achieve a society free of paramilitarism;
(cg) to challenge all paramilitary activity and associated criminality;
(ch) to call for, and to work together with the other members of the Executive Committee to achieve, the disbandment of all paramilitary organisations and their structures;
(ci) to challenge paramilitary attempts to control communities;
(cj) to support those who are determined to make the transition away from paramilitarism;
(ck) to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment;
.
Propose a change8 Undertaking by members of the Assembly
(1) Before section 41 of the Northern Ireland Act 1998 (standing orders) insert—
Undertaking by members
40A (1) A member of the Assembly shall not—
(a) participate in any proceedings of the Assembly, or
(b) have any of the other rights and privileges enjoyed by members of the Assembly who have taken their seats,
until he or she has given the following undertaking:
I undertake:
— to support the rule of law unequivocally in word and deed and to support all efforts to uphold it;
— to work collectively with the other members of the Assembly to achieve a society free of paramilitarism;
— to challenge all paramilitary activity and associated criminality;
— to call for, and to work together with the other members of the Assembly to achieve, the disbandment of all paramilitary organisations and their structures;
— to challenge paramilitary attempts to control communities;
— to support those who are determined to make the transition away from paramilitarism;
— to accept no authority, direction or control on my political activities other than my democratic mandate alongside my own personal and party judgment.
(2) Standing orders shall provide for the procedure for giving the undertaking.
(3) The procedure may not specify a day or period of time after which members are prohibited from giving the undertaking.
(4) Subsection (1) applies to a person on each occasion when he or she becomes a member of the Assembly.
(2) In section 77 of that Act (unlawful oaths etc), after subsection (3) insert—
(3A) Subsection (1) is subject to the requirement in section 40A for a member of the Assembly to give the undertaking set out there.
(3) Schedule 2 (undertaking by Assembly members: transitional provision) has effect.
Propose a change9 Draft budgets
(1) Section 64 of the Northern Ireland Act 1998 (draft budgets) is amended as follows.
(2) After subsection (1) insert—
(1A) At least 14 days before laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the amount of UK funding for that year notified to the Minister by the Secretary of State.
(1B) At the same time as laying a draft budget for a financial year, the Minister of Finance and Personnel must lay before the Assembly a statement showing that the amount of UK funding required by the draft budget does not exceed the amount specified under subsection (1A) for that year.
(1C) Subsection (1D) applies if, after a draft budget for a financial year has been laid before the Assembly, the Secretary of State notifies the Minister of Finance and Personnel that the amount of UK funding for that year has been revised to the amount specified in the notification.
(1D) Before the end of the period of four months beginning with the day on which the notification under subsection (1C) was given, the Minister of Finance and Personnel must lay before the Assembly a statement specifying the revisions to the expenditure proposals which are required in consequence of the notification.
(1E) The amount of UK funding required by the expenditure proposals (taking account of the revisions under subsection (1D)) must not exceed the amount specified in the notification under subsection (1C).
(3) After subsection (2) insert—
(3) In this section references to UK funding, in relation to a financial year, are to funding from such sources as are specified in the notification mentioned in subsection (1A) in relation to that year.
Propose a change11 Short title, commencement and extent
(1) This Act may be cited as the Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016.
(2) Sections 6 to 8, section 10, this section and Schedules 1 and 2 come into force on the day on which this Act is passed.
(3) Section 9 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
(4) The other provisions of this Act come into force on such day as the Secretary of State may appoint by regulations.
(5) Regulations under this section may appoint different days for different purposes.
(6) This Act extends to Northern Ireland, England and Wales and Scotland.
Propose a changeSCHEDULE 2 UNDERTAKING BY ASSEMBLY MEMBERS: TRANSITIONAL PROVISION
Section 8
Application
1 Section 40A of the Northern Ireland Act 1998 (inserted by section 8 of this Act) has effect subject to this Schedule in its application to the members of the Northern Ireland Assembly who are elected at the 2016 election.
Procedure for giving undertaking
2 (1) Section 40A(2) does not apply to the procedure for giving the undertaking.
(2) Instead, that procedure (the “transitional procedure”) is to be determined by the person who (under the Assembly's standing orders) takes the chair at the first meeting of the new Assembly.
(3) That person—
(a) must determine the transitional procedure as soon as is practicable after taking the chair at the first meeting of the new Assembly, and
(b) must communicate the transitional procedure to members of the new Assembly as soon as is practicable after it is determined.
(4) The transitional procedure must secure that a member of the new Assembly has the opportunity to give the undertaking before he or she signs the Assembly's Roll of Membership (under the Assembly's standing orders).
(5) A member of the new Assembly may not sign the Assembly's Roll of Membership (under the Assembly's standing orders) unless he or she has given the undertaking in accordance with the transitional procedure.
Interpretation
3 In this Schedule—
“2016 election” means the election held in 2016 in accordance with section 31(1) of the Northern Ireland Act 1998;
“new Assembly” means the Assembly elected at the 2016 election;
“undertaking” means the undertaking to be given in accordance with section 40A of the Northern Ireland Act 1998.
Propose a change