Interpretation Act (Northern Ireland) 1954

18 Provisions as to holders of offices. N.I.

(1) Every person who is appointed by the Crown in right of Her Majesty's Government in Northern Ireland to any office by or under the authority of an enactment, passed or made after the commencement of this Act, shall hold that office during pleasure only, unless the contrary is expressed in the enactment or in his commission or appointment.

(2) Words in an enactment passed or made after the commencement of this Act which authorise the appointment of a person to any office and declare that this sub-section shall apply to that appointment shall be deemed also to confer on the authority in whom the power of appointment is vested—

(a) power, at the discretion of the authority, to remove or suspend him; and

(b) power, exercisable in the like manner and subject to the like consent and conditions, if any, applicable on his appointment—

(i) to reappoint or reinstate him;

(ii) to appoint another person in his stead or to act in his stead and to provide for the remuneration of the person so appointed;

(iii) to fix or vary his remuneration, to withhold his remuneration in whole or in part during any period of suspension from office, and to terminate his remuneration on his removal from office.

(3) In an enactment a reference, without qualification, to the holder of any office shall include a reference to any person for the time being holding that office and, in particular—

(a) words in an enactment directing or empowering the holder of an office to do any act or thing, or otherwise applying to him by the name of his office, shall apply to his successors in office and to his or their deputy;

(b) where an enactment confers a power or imposes a duty on the holder of an office, as such, the power may be exercised and the duty shall be performed by the person for the time being charged with the execution of the powers and duties of the office.

Modifications etc. (not altering text)

C1 S. 18(2) applied (with modifications) (17.5.2006) by Local Government Act (Northern Ireland) 1972 (c. 9), Sch. 4 para. 2(1) (as substituted by Local Government (Boundaries) (Northern Ireland) Order 2006 (S.I. 2006/1253 (N.I. 8)), arts. 1(2), 4(2), Sch. 1)

C2 S. 18(2) applied (1.4.2009) by Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009 (S.R. 2009/33), regs. 1, 25, Sch. 3 para. 23

C3 S. 18(2) applied by Transport Act (Northern Ireland) 1967 (c. 37), s. 47(3A) (as inserted (16.3.2011) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 41, 48(1)(a))