Northern Ireland Act 1974 (repealed 2.12.1999)

Executive functions U.K.

2 (1) During the interim period—

(a) no person shall be appointed or hold office under section 8 of the Constitution Act; and

(b) any functions of the Head of a Northern Ireland department may be discharged by that department and any functions of any other person appointed under that section may be discharged by the Secretary of State.

(2) During the interim period any functions of a Northern Ireland department, including functions discharged by virtue of sub-paragraph (1)(b) above, shall be discharged by the department subject to the direction and control of the Secretary of State.

(3) Anything required or authorised by or under any enactment or instrument to be done to or in relation to the head of a Northern Ireland department or any other person appointed under the said section 8 in connection with any functions exercisable by virtue of this paragraph by a substituted authority (whether a Northern Ireland department or the Secretary of State) shall, during the interim period, be done instead to or in relation to that authority.

(4) Any enactment or instrument shall have effect, so far as may be necessary for or in consequence of the exercise of any functions by a substituted authority by virtue of this paragraph, as if references to the head of a Northern Ireland department or any other person appointed under the said section 8 were references to that authority.

(5) This paragraph shall not invalidate anything done before the beginning of the interim period; and,

(a) anything which, at the beginning of that period, is in process of being done by or in relation to the head of a Northern Ireland department or any other person appointed under the said section 8 may be continued by or in relation to the substituted authority;

(b) any order, regulation, rule, direction, authority, appointment, authentication, approval or other instrument or act effective at the beginning of that period as that of the head of a Northern Ireland department or any other person appointed under the said section 8 shall continue to have effect as that of the substituted authority.

(6) The foregoing provisions of this paragraph apply to functions conferred by any enactment or instrument during as well as before the interim period except in so far as provision to the contrary is made by that enactment or instrument.

Modifications etc. (not altering text)

C1 Sch. 1 para. 2(1)(a) excluded by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 1 para. 5(1)

C2 Sch. 1 para. 2(1)(b) excluded by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 1 para. 5(3)

C3 Sch. 1 para. 2(2) excluded by Northern Ireland Act 1982 (c. 38, SIF 29:3), Sch. 1 para. 5(3)