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Northern Ireland Constitution Act 1973
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Changes over time for: Section 8
Version Superseded: 02/12/1999
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- 01/02/1991- Amendment
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[F18 The Northern Ireland Executive. U.K.
(1)The Secretary of State may on behalf of Her Majesty appoint—
(a)persons to be heads of the Northern Ireland departments; and
(b)persons to discharge such other functions as he may determine.
(2)The Secretary of State may likewise appoint all or any of the persons appointed under subsection (1) above to be members of the Northern Ireland Executive and, if he thinks fit, one of those persons to preside over the Executive as chief executive member.
(3)The total number of persons at any time holding appointments under this section shall not exceed thirteen but the Secretary of State may by an order made by statutory instrument increase or further increase that number and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Subject to subsections (5) and (6) below, appointments under this section—
(a)shall be from among persons who are members of the Assembly; and
(b)shall be such as will in the opinion of the Secretary of State command widespread acceptance throughout the community.
(5)Without prejudice to subsection (6) below, two of the persons at any time holding appointments under this section may be persons who were not appointed from among members of the Assembly but not more than one of them shall be the head of a Northern Ireland department.
(6)If at any time it appears to the Secretary of State that it is not possible to make an appointment which complies with the requirements of subsection (4) above he may make an appointment which does not comply with those requirements but any person so appointed shall not hold office for more than six months.
(7)Before making any appointment under this section (otherwise than by virtue of subsection (6) above) the Secretary of State shall so far as practicable consult with the parties represented in the Assembly and take into account any proposals submitted to him under section 1 of the M1Northern Ireland Act 1982.]
(8)Persons appointed under this section shall hold office at Her Majesty’s pleasure; and a person who is required by this section to be appointed from among members of the Assembly shall not continue in office for more than six months after ceasing to be a member of the Assembly.
(9)A person appointed under this section who is not a member of the Assembly shall be entitled to sit and speak in the Assembly but not to vote.
(10)Every person appointed under this section shall, on appointment, take the oath or make the affirmation set out in Schedule 4 to this Act.
Textual Amendments
F1S. 8(1)—(7) substituted by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 2 para. 1
Modifications etc. (not altering text)
C1S. 8 restricted during interim period by Northern Ireland Act 1974 (c. 28, SIF 29:3), Sch. 1 para. 2(1)(a) and by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 1 para. 5(1) such restriction is excluded as regards s. 8(1) as mentioned in the said para. 5(1)
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