Schedule 3 – No selection of Ministers
38.Section 2(5) provides for Schedule 3 to take effect if the Secretary of State has not made the necessary notification of restoration to the presiding or deputy presiding officer before 25th November 2006.
39.Paragraph 2 substitutes section 31(2) of the 1998 Act. It provides that the next Northern Ireland Assembly election shall not be held until such time as the Secretary of State specifies by order. The date of the rescheduled election, by virtue of new section 31(2A) of the 1998 Act, must be after the date specified under section 31(1) of the 1998 Act (that is, the first Thursday of May 2007).
40.New section 31(2B) to (2D) of the 1998 Act provides for the order to make amendments the Secretary of State considers appropriate and specifies that this may include: amending provisions of Acts (other than the 1998 Act) and of Northern Ireland legislation; making provision modifying the duties of the Chief Electoral Officer for Northern Ireland; and making any supplementary, incidental or consequential provision.
41.Paragraph 3 amends section 31 of the 1998 Act to provide for the current Northern Ireland Assembly – that is the Assembly elected at the poll on 26th November 2003 – to be dissolved on 3rd May 2007 or on an earlier date specified in an order made by the Secretary of State.
42.Paragraph 4 provides for section 1(1) and (2) and Schedules 1 and 2 to the Act to be repealed on 25th November 2006.