Commentary on Sections Section 1 – Exceptional circumstances: power to provide financial assistance
Section 1 gives the First Minister and deputy First Minister, acting jointly, the power to determine that exceptional circumstances exist and that financial assistance should be provided to prevent, control or mitigate any aspect or effect of those circumstances.  It also enables the First Minister and deputy First Minister to designate a Northern Ireland department for the purposes of making regulations to establish a scheme to provide the financial assistance.
Subsection (1) gives the First Minister and deputy First Minister, acting jointly, the power to determine whether exceptional circumstances exist, whether it is desirable to provide financial assistance to prevent, control or mitigate any aspect or effect of those circumstances and whether financial assistance should be provided in accordance with a scheme or schemes established under this section.
Subsection (2) enables the “relevant department” to make regulations to establish a scheme for the purposes of providing financial assistance to prevent, control or mitigate any aspect or effect of the exceptional circumstances.  Any regulations made under this section must be made within 3 months of the making of the determination under subsection (1).
Subsection (3) provides a definition of the expression “relevant department” used subsection (2).  It means either the Northern Ireland department designated by the First Minister and deputy First Minister for the purposes of making regulations under this section or (if no department is designated) the Office of the First Minister and deputy First Minister.
Subsection (4) provides that any regulations made by a Northern Ireland department following designation under subsection (3), must be approved by the Office of the First Minister and deputy First Minister.
Subsection (5) provides that any regulations made under this section will be subject to “negative resolution procedure”.  This means that the regulations will be laid before the Assembly as soon as possible after they are made.
Subsection (6) provides for statutory consultation if a scheme, established under regulations made under this section, imposes functions on a public body other than the department making those regulations.  It requires the department with responsibility for making the regulations to consult with the particular public body concerned before making the regulations.
Subsection (7) provides that the determination under subsection (1) and the designation under subsection (3)(a) must be in writing and may both be contained in the same document.