Exercise of appointment functions during period while no Executive

8Interpretation of sections 5 to 7

1

In sections 5 to 7—

  • “appointment function” means—

    1. a

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

    2. b

      the function of requesting nominations for an appointment;

    3. c

      the function of determining terms of appointment;

    4. d

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

    5. 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;

    6. f

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

    7. g

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

    8. 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—

    1. a

      beginning when this Act is passed, and

    2. 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.