Policy background Extension of Executive formation period
Section 16A of the 1998 Act provides for a 14 day period after the first meeting of the Assembly following an election in which Northern Ireland Ministers – including the First Minister and deputy First Minister – must be appointed. If they are not, then the Secretary of State is required to propose a date for another election under section 32(3). That period initially expired on 27 March 2017 but was extended by the MARRA so as to expire on 29 June 2017.
	The 2018 Act then extended the time under section 16A of the 1998 Act for Ministers to be appointed until 26 March 2019, conferring a power on the Secretary of State to further extend that period by regulations on one occasion only for up to 5 months. On 20 March 2019 the Secretary of State exercised that power and the period for Executive formation was extended so as to expire on 25 August 2019.3
	This Act extends the period again so as to expire on 21 October 2019 and enables the Secretary of State to further extend that period until 13 January 2020 (by regulations subject to the made affirmative procedure). The made affirmative procedure will enable the Secretary of State to make the regulations and extend time without the prior approval of Parliament but requires the subsequent approval of Parliament, ensuring Parliamentary scrutiny of how and why she has exercised the power. Extending the period for forming an Executive means that if agreement is reached to form an Executive after 25 August 2019, Ministers can be appointed right away without the need for further legislation. This also has the effect that section 3 of the 2018 Act continues to apply and Northern Ireland departments may continue to exercise their functions in accordance with that section.4