Northern Ireland (Executive Formation etc) Bill

Executive formation

1 Extension of period for making Ministerial appointments by six weeks

(1)

The Northern Ireland Act 1998 has effect as if, during the current post-election
period, for subsections (3A) to (3C) of section 16A (appointment of Ministers
following an Assembly election) there were substituted—

“(3A)

In this section “the period for filling Ministerial offices” means the
period beginning with 13 May 2022 and ending with 8 December
2022.”

(2)

In this section, “the current post-election period” means the period beginning
with 5 May 2022 and ending with the day on which a poll for the election
of an Assembly is next held.

2 Power to extend period for making Ministerial appointments by a further six weeks

(1)

The Secretary of State may by regulations made by statutory instrument
amend section 1 so as to replace “8 December 2022” with “19 January 2023”.

(2)

The power in subsection (1) —

(a)

may be exercised before, on or after 8 December 2022, but

(b)

may not be exercised after the end of the period of seven days
beginning with the day on which this Act is passed.

(3)

A statutory instrument containing regulations under subsection (1) must be
laid before Parliament after being made.

Exercise of departmental functions

3 Exercise of departmental functions

(1)

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 mentioned in subsection (2) if the officer is satisfied that
it is in the public interest to exercise the function during that period.

(2)

The period is the period beginning when this Act is passed and ending—

(a)

when an Executive is next formed, or

(b)

with the expiry of the period of 6 months beginning with the day on
which this Act is passed,

whichever happens first.

(3)

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 preventing
the exercise of that function as mentioned in subsection (1) .

(4)

The Secretary of State must publish guidance about the exercise of functions
by a senior officer of a Northern Ireland department in reliance on this section,
including guidance as to the principles to be taken into account in deciding
whether or not to exercise a function.

(5)

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

(6)

Before publishing guidance under subsection (4) the Secretary of State must
have regard to any representations made by members of the Northern Ireland
Assembly.

4 Exercise of departmental functions before this Act is passed

(1)

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 28 October
2022 and ending when this Act is passed.

(2)

Subsection (1) does not apply in relation to the exercise of a function if—

(a)

proceedings begun, but not finally decided, before this Act is passed
involve a challenge to the validity of that exercise of the function, and

(b)

the application of that subsection would affect the outcome of the
proceedings,

but nothing in this subsection prevents the re-exercise of the function in the
same way in reliance on section 3 (1) .

5 Exercise of departmental functions: supplementary

(1)

Sections 3 and 4 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.

(2)

No inference is to be drawn from sections 3 and 4 or this section as to whether
or not a senior officer of a Northern Ireland department would otherwise
have been prevented from exercising departmental functions.

Exercise of appointment functions

6 NI ministerial appointment functions

(1)

During the current period in which 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.

(2)

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
Commissioner for Children and Young People for Northern Ireland	Secretary of State

(3)

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

(4)

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

(a)

a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament, or

(b)

the regulations state that the Secretary of State considers it to be
expedient for the regulations to be made more quickly than the
procedure in paragraph (a) would allow.

(5)

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

(a)

the instrument containing the regulations must be laid before
Parliament after being made, and

(b)

the regulations cease to have effect at the end of the period of 28 days
beginning with the day on which the instrument is made unless, during
that period, it is approved by a resolution of each House of Parliament.

(6)

If regulations cease to have effect as a result of subsection (5) (b) , that does
not—

(a)

affect the validity of anything previously done under the regulations,
or

(b)

prevent the making of new regulations.

(7)

In calculating the period of 28 days mentioned in subsection (5) (b) , no account
is to be taken of any whole days that fall within a period during which—

(a)

Parliament is dissolved or prorogued, or

(b)

both Houses of Parliament are adjourned for more than four days.

(8)

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

(9)

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.

7 Minister of the Crown appointment functions

Any requirement for a Minister of the Crown to consult, or obtain the approval
of, a Northern Ireland Minister or the Executive Committee of the Northern
Ireland Assembly before exercising an appointment function has effect, during
the current period in which there is no Executive, as a requirement to consult
a Northern Ireland department.

8 Joint UK appointment functions etc

(1)

During the current period in which 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.

(2)

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

(3)

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.

9 Sections 6 to 8 : core definitions

(1)

In sections 6 to 8 —

“
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, loss of office or
suspension from office;

(e)

the function of suspending or removing a person from office,
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;

“
current period in which there is no Executive” means the period
beginning when this section and sections 6 to 8 come into force and
ending when an Executive is next formed.

(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.

Northern Ireland Assembly pay

10 Power to determine salaries and other benefits for Members of the Assembly

(1)

During a period in which the Northern Ireland Assembly is not functioning,
the Secretary of State may make a determination as to—

(a)

the salaries or allowances payable under section 47 of the Northern
Ireland Act 1998 in respect of some or all of that period, and

(b)

allowances or gratuities payable under section 48 of that Act to or in
respect of a person ceasing to be a member, or ceasing to hold office,
during that period.

(2)

A determination under subsection (1) must be in writing.

(3)

As soon as possible after a determination under subsection (1) is made—

(a)

the Secretary of State must send it to the Northern Ireland Assembly
Commission, and

(b)

the Commission must publish it.

(4)

Section 12 of the Assembly Members (Independent Financial Review and
Standards) Act (Northern Ireland) 2011 applies to a determination under
subsection (1) (a) of this section as it applies to a determination under section
2(1)(a) of that Act.

(5)

For the purposes of any determination made by, or by virtue of provision
made by, the Assembly under section 48 of the Northern Ireland Act 1998 so
far as relating to pensions, members are to be treated as having whatever
salary they would have had were it not for any determination made under
subsection (1) (a) of this section .

(6)

A determination under subsection (1) may amend a determination made by,
or by virtue of provision made by, the Northern Ireland Assembly under
section 47 or 48 of the Northern Ireland Act 1998.

(7)

A determination made by, or by virtue of provision made by, the Northern
Ireland Assembly under section 47 or 48 of the Northern Ireland Act 1998
may not change the effect of a determination made under subsection (1) .

(8)

In this section “period in which the Northern Ireland Assembly is not
functioning” means—

(a)

the period beginning when this Act is passed and ending with the
next day on which the Presiding Officer and deputies are in post, or

(b)

any later period—

(i)

beginning with the first day after the end of the period in which
an Assembly must meet if, at the end of that period, the
Presiding Officer and deputies are not in post, and

(ii)

ending with the next day on which the Presiding Officer and
deputies are in post.

(9)

In subsection (8)—

(a)

a reference to a Presiding Officer or deputy being in post is a reference
to their being in post having been elected under section 39(1) of the
Northern Ireland Act 1998 after—

(i)

in the case of the reference in paragraph (a), this Act is passed,
or

(ii)

in the case of a reference in paragraph (b), the day of the poll
at which the Assembly referred to in paragraph (b)(i) is elected;

(b)

a reference to the period in which an Assembly must meet is a
reference to the period referred to in section 31(4) of the Northern
Ireland Act 1998.

(10)

The Northern Ireland Assembly Members (Pay) Act 2018 is repealed.

Regional rate

11 Power to set the regional rate for 2023/24

(1)

The Secretary of State may by regulations made by statutory instrument set
the regional rate for the year ending 31 March 2024.

(2)

The power in subsection (1) may only be used during the current period in
which there is no Executive.

(3)

Regulations under subsection (1) must specify the amount in the pound at
which the regional rate is to be levied.

(4)

Articles 6(3) to (6) and 7(4) and (5) of the Rates Order apply in relation to
the setting of a regional rate by regulations under subsection (1) as they apply
in relation to the setting of the rate by order under Article 7(1) of the Rates
Order (reading references to the Department of Finance as references to the
Secretary of State).

(5)

A reference in the Rates Order to the regional rate (except in a provision
applied by subsection (4) ) is to be read as including a reference to the regional
rate set by the Secretary of State by regulations under subsection (1) .

(6)

A rate set under subsection (1) may be varied, after the end of the current
period in which there is no Executive, by an order made by the Department
of Finance under Article 7(1) of the Rates Order.

(7)

An order made by virtue of subsection (6) may set the rate in respect of the
whole of the year for which it is made.

(8)

A statutory instrument containing regulations under subsection (1) is subject
to annulment in pursuance of a resolution of the House of Commons.

(9)

In section 43(2) of the Interpretation Act (Northern Ireland) 1954, the definition
of “regional rate” is to be treated as including a reference to any rate set by
the Secretary of State under subsection (1) .

(10)

In this section —

“
current period in which there is no Executive” means the period
beginning when this Act is passed and ending when an Executive is
next formed;

“
the Rates Order” means the Rates (Northern Ireland) Order 1977 (S.I.
1977/2157 (N.I. 28)).

General

12 Interpretation

(1)

In this Act—

“
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;

“
senior officer of a Northern Ireland department” has the same meaning
as in the Departments (Northern Ireland) Order 1999 (see Article 2(3)
of that Order).

(2)

For the purposes of this Act, an Executive is formed once the offices of First
Minister and deputy First Minister and those to be held by the other Northern
Ireland Ministers are all filled.

13 Extent

(1)

Section 11 extends to Northern Ireland only.

(2)

The other provisions of this Act extend to England and Wales, Scotland and
Northern Ireland.

14 Commencement

(1)

Sections 6 to 9 come into force on such day as the Secretary of State may by
regulations made by statutory instrument appoint.

(2)

The other provisions of this Act come into force on the day on which this
Act is passed.

15 Short title

This Act may be cited as the Northern Ireland (Executive Formation etc) Act
2022.