Secretary of State’s powers in relation to reduction of financial assistance

1 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.