8.The section sets out the conditions that must be fulfilled before the Secretary of State can end the suspension of the Northern Ireland Assembly.
9.Under subsection (1) the Secretary of State has to initiate a 'Review' under the Validation, Implementation and Review section of the Belfast Agreement. The relevant text from the Agreement is as follows:
“If difficulties arise which require remedial action across the range of institutions, or otherwise require amendment of the British-Irish Agreement or relevant legislation, the process of review will fall to the two Governments in consultation with the parties in the Assembly. Each Government will be responsible for action in is own jurisdiction.”
(paragraph 7 of Validation, Implementation and Review, Belfast Agreement (Cm 3883))
10.To end the suspension of the Assembly and institutions the Secretary of State can make an Order (a Restoration Order) under subsection (2) that makes section 1 of the Act (dealing with the practicalities of suspension) cease to have effect. However, before he makes such an Order, he has to take into account the result of the Review that has been undertaken. Any expenses associated with the review which fall to be met by the United Kingdom will be paid by the Secretary of State.
Commentary Section 2: Ending the period of suspension