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Exercise of appointment functions

6NI ministerial appointment functions

(1)During the current period in which 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 CommissionLord Chancellor
Commissioner for Children and Young People for Northern IrelandSecretary 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 state that the Secretary of State considers it to be expedient for the regulations to be made more quickly than the procedure in paragraph (a) would allow.

(5)Where regulations contain a statement under subsection (4)(b)

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

(b)the regulations cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, it is approved by a resolution of each House of Parliament.

(6)If regulations cease to have effect as a result of subsection (5)(b), that does not—

(a)affect the validity of anything previously done under the regulations, or

(b)prevent the making of new regulations.

(7)In calculating the period of 28 days mentioned in subsection (5)(b), no account is to be taken of any whole days that fall within a period during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses of Parliament 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 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.

7Minister 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 current period in which there is no Executive, as a requirement to consult a Northern Ireland department.

8Joint UK appointment functions etc

(1)During the current period in which 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 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.

9Sections 6 to 8: core definitions

(1)In sections 6 to 8

(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.