Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 (repealed)

For the purposes of filling the Ministerial offices on the first occasion following the election of the Northern Ireland Assembly at the poll on 2 March 2017, the Northern Ireland Act 1998 has effect as if in section 16A(3) for the words before paragraph (a) there were substituted “Within the period beginning with the first meeting of the Assembly and ending with 26 March 2019”.

Subsection (1) is to be treated as having had effect at all times on and after 2 March 2017.

Section 32 of the Northern Ireland Act 1998 has effect as if, during the period for forming an Executive, for subsection (3) there were substituted—

In the Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017, omit section 1.

In this section—

The Secretary of State may by regulations amend section 1(1) so as to replace “26 March 2019” with any later date falling within the period of five months beginning with 26 March 2019.

The power under subsection (1)—

Regulations under subsection (1) are to be made by statutory instrument.

A statutory instrument containing regulations under subsection (1) may not be made unless—

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

If the regulations cease to have effect in accordance with subsection (5)(b) on or before 26 March 2019, the period mentioned in section 1(1) is to be treated for all purposes as ending with that date.

If the regulations cease to have effect in accordance with subsection (5)(b) after 26 March 2019, the period mentioned in section 1(1) is to be treated for all purposes as ending when the regulations cease to have effect.

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.

The absence of Northern Ireland Ministers does not prevent a senior officer of a Northern Ireland department from exercising a function of the department during the period for forming an Executive if the officer is satisfied that it is in the public interest to exercise the function during that period.

The Secretary of State must publish guidance about the exercise of functions in reliance on subsection (1), including guidance as to the principles to be taken into account in deciding whether or not to exercise a function.

Senior officers of Northern Ireland departments must have regard to that guidance.

The absence of Northern Ireland Ministers is not to be treated as having prevented any senior officer of a Northern Ireland department from exercising functions of the department during the period beginning with 2 March 2017 and ending when this Act is passed.

The fact that a matter connected with the exercise of a function by a Northern Ireland department has not been discussed and agreed by the Executive Committee of the Northern Ireland Assembly is not to be treated as having prevented the exercise of that function as mentioned in subsection (1) or (4).

Subsections (4) and (5) do not apply in relation to the exercise of a function before this Act is passed if— but nothing in this subsection prevents the re-exercise of the function in the same way in reliance on subsection (1).

Subsections (1) to (6) have effect despite anything in the Northern Ireland Act 1998, the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)) or any other enactment or rule of law that would prevent a senior officer of a Northern Ireland department from exercising departmental functions in the absence of Northern Ireland Ministers.

No inference is to be drawn from subsections (1) to (7) as to whether or not a senior officer of a Northern Ireland department would otherwise have been prevented from exercising departmental functions.

Before publishing guidance under subsection (2) the Secretary of State must have regard to any representations made by members of the Northern Ireland Assembly.

In this section—

In the absence of Northern Ireland Ministers to address the matters identified by recent, current and future court proceedings in relation to the human rights of the people of Northern Ireland, the Secretary of State must issue guidance to senior officers of all Northern Ireland departments which will specify how to exercise their functions in relation to— where they pertain to the provision and management of public services in Northern Ireland.

The Secretary of State shall report guidance under this section on a quarterly basis to the House of Commons and set out her plans to address the impact of the absence of Northern Ireland Ministers on human rights obligations within three months of the day on which this Act is passed.

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.

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

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

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

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

Subsection (5)(b)—

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.

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

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.

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.

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

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.

In sections 5 to 7—

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.

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

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.