C2 Part IV The Northern Ireland Assembly
Miscellaneous
C151BF1Secretary of State’s powers in relation to reduction of financial assistance
F21
This section applies if—
a
the Monitoring Commission has, or members of that Commission have under the agreement establishing it, made a report containing a recommendation about steps the Assembly might consider taking;
b
the taking of those steps by the Assembly requires the passing by it of a resolution under section 51A(1), (2) or (3) in relation to a political party; and
c
the first motion for a resolution under that provision in relation to the political party concerned that is put to the vote after the making of the report does not attract cross-community support.
2
Where this section applies because of the failure of a motion for a resolution under section 51A(1), the Secretary of State may by direction provide that the whole or a specified part of any financial assistance payable for a specified period under the Financial Assistance for Political Parties Act (Northern Ireland) 2000 to the political party concerned shall not be payable (subject to subsection (5)).
3
Where this section applies because of the failure of a motion for a resolution under section 51A(2) to extend the period by reference to which a reduction under section 51A(1) falls to be made, the Secretary of State may, before the end of that period, by direction extend that period (subject to subsection (5)).
4
Where this section applies because of the failure of a motion for a resolution under section 51A(3) to extend the period by reference to which provision for non-payability under subsection (2) applies, the Secretary of State may, before the end of that period, by direction extend that period (subject to subsection (5)).
5
The Secretary of State may exercise the power under subsection (2), (3) or (4) only if he is satisfied that the political party concerned—
a
is not committed to non-violence and exclusively peaceful and democratic means; or
b
is not committed to such of its members as are or might become Ministers or junior Ministers observing the other terms of the pledge of office.
6
The period by reference to which provision for non-payability under subsection (2) applies shall come to an end if—
a
the Secretary of State by direction so provides; or
b
the Assembly is dissolved.
7
In subsection (1)(a)
“the Monitoring Commission” means the Commission mentioned in section 1 of the Northern Ireland (Monitoring Commission etc.) Act 2003.
8
In this section a reference to—
a
the period by reference to which provision for non-payability under subsection (2) applies, or
b
the period by reference to which a reduction under section 51A(1) falls to be made,
is, where the period has been extended, a reference to the period as extended.
Pts. II-IV applied in part (1.1.2007) by The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (S.R. 2006/439), reg. 53(6)