Northern Ireland Act 1982
| Jurisdiction | UK Non-devolved |
| Citation | 1982 c. 38 |
proposals for the resumption by the Assembly and by persons responsible to it of all the functions that would be exercisable by them apart from Schedule 1 to the proposals for the resumption as aforesaid of those functions so far as relating to any transferred matters within the responsibilities of any one or more Northern Ireland departments.(2) Proposals under paragraph (a) of subsection (1) above shall include proposals as to the composition of a Northern Ireland Executive and as to the other appointments to be made under section 8 of the Constitution Act; and proposals under paragraph (b) of that subsection shall include proposals as to the appointment under that section of a head of the Northern Ireland department or, as the case may be, each Northern Ireland department to which the proposals relate and may include proposals as to the appointment under that section of a person to assist any person appointed as head of any such department.(3) Proposals under subsection (1) above may also include proposals for further provisions in the standing orders of the Assembly for the better conduct of any functions that would become exercisable by it in pursuance of those proposals.the proposals have the support of at least 70 per cent. of the members of the Assembly; orthe proposals have the support of a majority of those members and the Secretary of State has notified the Assembly that he is satisfied that the substance of the proposals is likely to command widespread acceptance throughout the community.(5) The Secretary of State shall lay before Parliament any proposals submitted to him under this section.suspend the operation of the provisions of Schedule 1 to the suspend the operation of those provisions so far as relating to the transferred matters within the responsibilities of such Northern Ireland department or departments as are specified in the Order.(2) No recommendation shall be made to Her Majesty to make an Order under subsection (1) above unless each House of Parliament has passed a resolution approving a draft of the Order and stating that its provisions are, in the opinion of that House, likely to command widespread acceptance throughout the community.(3) An Order may be made under paragraph (a) of subsection (1) above without any Order having been made under paragraph (b) of that subsection or, if one or more Orders have been made under paragraph (b) of that subsection, so as to supersede that Order or those Orders.(4) No Order under subsection (1) (b) above shall specify the Department of Finance and Personnel or any matters within its responsibilities.(5) An Order under paragraph (a) of subsection (1) above shall have effect as provided in Part I of Schedule 1 to this Act; and an Order under paragraph (b) of that subsection shall have effect as provided in Part II of that Schedule.(6) An Order under subsection (1) above may contain such transitional provisions as appear to Her Majesty to be required in consequence of the Order.may, without prejudice to its powers by virtue of any Order under paragraph (b) of that subsection, consider any matter affecting Northern Ireland which is not an excepted matter;shall consider any matter affecting Northern Ireland (whether or not an excepted matter) which is referred to it by the Secretary of State.any proposal for the making of an Order under paragraph 1(1) (b) of Schedule 1 to the Northern Ireland Act 1974;any instrument or draft of an instrument to which paragraph 3 of that Schedule applies;(3) The Assembly may report to the Secretary of State the views expressed in the Assembly on any matter considered by it under this section and shall do so if the Secretary of State so requests; and any such request may require the report to be made within a specified period.(4) The Secretary of State shall lay before Parliament any report received by him under this section which relates to a transferred matter considered by the Assembly under subsection (1) (a) above or to a matter which has been referred to it under this section by the Secretary of State.(5) For the purposes of section 26(1) of the Constitution Act (privilege) any report made under this section shall be treated as an official record of the proceedings of the Assembly.for the establishment, in relation to each Northern Ireland department whose functions are for the time being subject to paragraph 2(2) of Schedule 1 to the for the appointment by the presiding officer of the Assembly of the members of each such committee and of a chairman and a deputy chairman (or two deputy chairmen) of each such committee from among its members.in the membership of each committee exclusive of the chairman and deputy chairman or chairmen;in the chairmen taken as a whole; andin the deputy chairmen taken as a whole.(3) Special provision may be made by Order in Council under section 26(2) of the Constitution Act (salaries etc. of members of the Assembly) in respect of the members who are appointed as chairmen or deputy chairmen of committees established under this section, and different provision may be made as respects chairmen and deputy chairmen respectively.(4) The foregoing provisions are without prejudice to the establishment by the Assembly of other committees to assist it in the discharge of its functions.that no proposals are likely to be submitted under section 1 above that could lead to the making of an Order under section 2 above or, if any such Order is or has been revoked, to the making of a further Order under that section; andthat it is in the public interest that the Assembly should be
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