The Northern Ireland (Ministerial Appointment Functions) Regulations 2023

Statutory Instruments

2023 No. 776

Northern Ireland

The Northern Ireland (Ministerial Appointment Functions) Regulations 2023

Approved by both Houses of Parliament

Made

at 9.05 a.m. on 10th July 2023

Laid before Parliament

at 3.45 p.m. on 10th July 2023

Coming into force

11th July 2023

The Secretary of State makes these Regulations in exercise of the power conferred by section 6(3) of the Northern Ireland (Executive Formation etc) Act 2022(1).

The Secretary of State considers it to be expedient for these Regulations to be made more quickly than a draft being laid before, and approved by a resolution of, each House of Parliament would allow.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Northern Ireland (Ministerial Appointment Functions) Regulations 2023.

(2) They come into force on the day after the day on which they are made.

(3) They extend to England and Wales, Scotland and Northern Ireland.

Addition of specified offices

2.—(1) The table in section 6(2) of the Northern Ireland (Executive Formation etc) Act 2022 (NI ministerial appointment functions) is amended as follows.

(2) After the entry for the Commissioner for Children and Young People for Northern Ireland, insert the following entries—

“Member or chair of the Agricultural Wages Board for Northern Ireland	Secretary of State
Member, chair or deputy chair of the General Consumer Council for Northern Ireland	Secretary of State
Member or chair of the Historic Buildings Council	Secretary of State
Member or chair of the Labour Relations Agency	Secretary of State
Member or chair of the Livestock and Meat Commission for Northern Ireland(2)	Secretary of State
Trustee or chair of the Board of Trustees of the National Museums and Galleries of Northern Ireland	Secretary of State
Member or chair of the Northern Ireland Fishery Harbour Authority	Secretary of State
Member or chair of the Northern Ireland Local Government Officers’ Superannuation Committee	Secretary of State
Member of the Northern Ireland Policing Board(3)	Secretary of State
Member, chair or deputy chair of the Northern Ireland Tourist Board	Secretary of State
Member, chair or deputy chair of the Probation Board for Northern Ireland(4)	Secretary of State
Commissioner for Public Appointments for Northern Ireland(5)	Secretary of State”

Steve Baker

Minister of State

Northern Ireland Office

At 9.05 a.m. on 10 July 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 6 of the Northern Ireland (Executive Formation etc) Act 2022 provides for appointment functions of Northern Ireland Ministers, in respect of a list of specified offices, to be exercised by a Minister of the Crown during the current period in which there is no Executive in Northern Ireland. Section 6 also permits further offices to be added to the list of specified offices by regulations.

These Regulations specify further offices for the purposes of section 6. The effect of this is that the relevant Minister of the Crown may exercise the appointment functions of Northern Ireland Ministers in relation to those offices.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.

(1)

2022 c. 48.

(2)

Section 1(1) of the Livestock Marketing Commission Act (Northern Ireland) 1967 (c. 21 (N.I.)) established the Livestock Marketing Commission which was renamed the Livestock and Meat Commission for Northern Ireland by Article 8(1) of the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (No. 1891 (N.I. 6)).

(3)

Paragraph 86(2) of Schedule 3 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (No. 976) amended paragraphs 6(1)(b), 7(3), (4) and (13), 8(1), (2), (3) and (8), 9(1) and (2) and 12 of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32) substituting the words “Secretary of State” with “Minister of Justice”.

(4)

Paragraph 25(2) of Schedule 14 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (No. 976) amended paragraph 3 of Schedule 1 to the Probation Board (Northern Ireland) Order 1982 (No. 713 (N.I. 10)) substituting the words “Secretary of State” with “Minister of Justice”.

(5)

Article 2(a) of the Commissioner for Public Appointments (Amendment) Order (Northern Ireland) 2001 amended Article 2 of the Commissioner for Public Appointments (Northern Ireland) Order 1995 transferring the function of appointing the Commissioner for Public Appointments for Northern Ireland from the Secretary of State to the First Minister and Deputy First Minister acting jointly.