Northern Ireland (Executive Formation and Exercise of Functions) Act 2018

Exercise of appointment functions during period while no Executive

5 NI Ministerial appointment functions: specified offices

(1) During the period while there is no Executive, an appointment function of a Northern Ireland Minister in relation to a specified office may be exercised by the relevant Minister of the Crown.

(2) The table defines terms for the purposes of this section.

“specified office”	“relevant Minister of the Crown”
Member of the Northern Ireland Judicial Appointments Commission	Lord Chancellor
Member of the Northern Ireland Policing Board	Secretary of State
Member of the Police Service of Northern Ireland above the rank of chief superintendent	Secretary of State
Member, chair or deputy chair of the Probation Board for Northern Ireland	Secretary of State
Police Ombudsman for Northern Ireland	Secretary of State

(3) The Secretary of State may by regulations made by statutory instrument add entries to the table.

(4) A statutory instrument containing regulations under subsection (3) may not be made unless—

(a) a draft of the instrument has been laid before and approved by a resolution of each House of Parliament, or

(b) the regulations declare that the Secretary of State considers it to be expedient for the regulations to be made without the approval mentioned in paragraph (a).

(5) Where regulations contain a declaration under subsection (4)(b)—

(a) the instrument containing the regulations must be laid before Parliament after being made, and

(b) if the instrument is not approved by a resolution of each House of Parliament before the end of the period of 28 days beginning with the day on which the instrument is made, the regulations cease to have effect (with the result that any entries that the regulations added to the table in subsection (2) are omitted).

(6) Subsection (5)(b)—

(a) does not affect the validity of anything done as a result of the regulations before they ceased to have effect;

(b) does not prevent the re-exercise of the regulation-making power under subsection (3) in the same way.

(7) In calculating the period of 28 days mentioned in subsection (5)(b), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(8) Before exercising an appointment function in reliance on subsection (1) the relevant Minister of the Crown must consult a relevant Northern Ireland department.

(9) Any enactment or document is to have effect, so far as may be necessary for or in consequence of the exercise of any functions by the relevant Minister of the Crown in reliance on this section, as if references to a Northern Ireland Minister included, or were, references to the relevant Minister of the Crown.

6 Minister of the Crown appointment functions

Any requirement for a Minister of the Crown to consult, or obtain the approval of, a Northern Ireland Minister or the Executive Committee of the Northern Ireland Assembly before exercising an appointment function has effect, during the period while there is no Executive, as a requirement to consult a relevant Northern Ireland department.

7 Joint UK appointment functions etc

(1) During the period while there is no Executive, the Secretary of State may exercise any appointment function of a Northern Ireland Minister that is exercisable jointly with one or more other persons who include the Secretary of State.

(2) Before exercising an appointment function in reliance on subsection (1) the Secretary of State must consult a relevant Northern Ireland department.

(3) Any enactment or document is to have effect, so far as may be necessary for or in consequence of the exercise of any functions by the Secretary of State in reliance on this section, as if references to a Northern Ireland Minister included, or were, references to the Secretary of State.

8 Interpretation of sections 5 to 7

(1) In sections 5 to 7—

• “appointment function” means—

  (a)

  the function of appointing a person to an office or recommending a person for appointment;

  (b)

  the function of requesting nominations for an appointment;

  (c)

  the function of determining terms of appointment;

  (d)

  the function of determining remuneration, pensions or other payments in respect of appointments or loss of office or suspension from office;

  (e)

  the function of suspending or removing a person from office or receiving notice of a person’s resignation from office or calling on a person to resign or retire;

  (f)

  the function of approving or being consulted about the exercise of any of the functions listed in paragraphs (a) to (e);

  (g)

  the function of requiring or requesting another person to exercise any of the functions listed in paragraphs (a) to (e);

  (h)

  a function ancillary to any of the functions listed above;

• “enactment” includes any provision of, or of any instrument made under, Northern Ireland legislation (within the meaning given by section 98 of the Northern Ireland Act 1998);

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “Northern Ireland Minister” includes the First Minister and the deputy First Minister;

• “the period while there is no Executive” means the period—

  (a)

  beginning when this Act is passed, and

  (b)

  ending on the next occasion when the offices of all of the Northern Ireland Ministers are filled.

(2) A reference in those sections to the function of a person includes a function that is exercisable by that person jointly with one or more other persons.

(3) The Secretary of State may by regulations made by statutory instrument amend the definition of “appointment function”.

(4) A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.