Implementing the Windsor Framework: direction and control
3.—(1) This regulation applies to the exercise of a function of a Northern Ireland department for the purpose of observing or implementing a relevant provision of the Windsor Framework.
(2) The function must be exercised subject to the direction and control of the Secretary of State (instead of the Minister in charge of the department).
(3) But the Secretary of State may decide not to exercise direction and control in respect of—
(a)the exercise of a particular function, or
(b)the exercise of a function in connection with a particular matter.
(4) Where the Secretary of State decides not to exercise direction and control in respect of a particular function or matter, paragraph (2) does not apply to the exercise of that function, or the exercise of a function in connection with that matter.
(5) Accordingly, where a function of a department is exercised subject to the direction and control of the Secretary of State as a result of this regulation, the Departments (Northern Ireland) Order 1999(1) has effect in relation to the exercise of that function as if—
(a)the references to “the Minister” in Article 4(1) and (2) and the second reference to “the Minister” in Article 7(1)(b) were references to the Secretary of State;
(b)Articles 2(4), 4(2)(b), (3)(a) and (5), 6(2)(a) and the first reference to “the Minister” in Article 7(1)(b) were omitted.
(6) Paragraphs (3) and (4) are without prejudice to any subsequent decision that the exercise of a particular function, or the exercise of a function in connection with a particular matter, is to be subject to the direction and control of the Secretary of State (and that paragraph (2) applies).
(7) The functions of a department may be exercised subject to the direction and control of the Secretary of State in accordance with paragraph (2) irrespective of whether a matter connected with the exercise of those functions has been brought to the attention of, or discussed and agreed by, the Executive Committee.
S.I. 1999/283 (N.I. 1) has been amended by the Departments Act (Northern Ireland) 2016 (c. 5).