SCHEDULE Provisions Applicable During Suspension

Executive functions

4

1

While section 1 is in force—

a

any functions of the First Minister and the deputy First Minister may be discharged by the Secretary of State;

b

any functions of a Northern Ireland Minister who was in charge of a Northern Ireland department immediately before the coming into force of section 1 may be discharged by that department;

c

any functions of a Northern Ireland Minister who was not then in charge of a Northern Ireland department may be discharged by the Secretary of State;

d

section 56 of the 1998 Act (which imposes duties on the First Minister and the deputy First Minister in relation to the Civic Forum) ceases to have effect;

e

the functions to which section 66 of the 1998 Act applies (expenses of Northern Ireland Audit Office) are exercisable by the Department of Finance and Personnel;

f

any functions of a Northern Ireland department (including functions discharged as a result of this sub-paragraph) are to be discharged subject to the direction and control of the Secretary of State.

2

Anything required or authorised by or under any enactment or instrument to be done to or in relation to a Minister in connection with any functions which are exercisable as a result of this paragraph by a substituted authority (whether the Secretary of State or a Northern Ireland department) are to be done instead to or in relation to that authority.

3

Any enactment or instrument is to have effect, so far as may be necessary for or in consequence of the exercise of any functions by a substituted authority as a result of this paragraph, as if references to a Minister were references to that authority.

4

This paragraph does not invalidate anything done before section 1 came into force.

5

Anything which, immediately before section 1 came into force, is in the process of being done by or in relation to a Minister may be continued by or in relation to the substituted authority.

6

Any act which was effective, immediately before section 1 came into force, as an act of a Minister continues to have effect as the act of the substituted authority.

7

In sub-paragraph (6) “act” includes an order, regulation, rule, direction, authority, appointment, authentication, approval or other instrument.

8

“Instrument” includes a charter, contract or other document.

9

This paragraph applies to functions conferred by any enactment or instrument—

a

before section 1 comes into force, or

b

while that section is in force,

but that is subject to any contrary provision made by that enactment or instrument.