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

8 Interpretation of sections 5 to 7

(1) In sections 5 to 7—

• “appointment function” means—

  (a)

  the function of appointing a person to an office or recommending a person for appointment;

  (b)

  the function of requesting nominations for an appointment;

  (c)

  the function of determining terms of appointment;

  (d)

  the function of determining remuneration, pensions or other payments in respect of appointments or loss of office or suspension from office;

  (e)

  the function of suspending or removing a person from office or receiving notice of a person’s resignation from office or calling on a person to resign or retire;

  (f)

  the function of approving or being consulted about the exercise of any of the functions listed in paragraphs (a) to (e);

  (g)

  the function of requiring or requesting another person to exercise any of the functions listed in paragraphs (a) to (e);

  (h)

  a function ancillary to any of the functions listed above;

• “enactment” includes any provision of, or of any instrument made under, Northern Ireland legislation (within the meaning given by section 98 of the Northern Ireland Act 1998);

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “Northern Ireland Minister” includes the First Minister and the deputy First Minister;

• “the period while there is no Executive” means the period—

  (a)

  beginning when this Act is passed, and

  (b)

  ending on the next occasion when the offices of all of the Northern Ireland Ministers are filled.

(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.