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Northern Ireland (Temporary Provisions) Act 1972

Consolidated Text As Enacted Cited authorities 9 Cited in Related
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Year1972


Northern Ireland (TemporaryProvisions) Act 1972

1972 CHAPTER 22

An Act to make temporary provision for the government of Northern Ireland, and for purposes connected therewith.

[30th March 1972]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Exercise of executive and legislative powers in N.I.

1 Exercise of executive and legislative powers in N.I.

(1) So long as this section has effect, the Secretary of State shall act as chief executive officer as respects Irish services instead of the Governor of Northern Ireland, and no person shall be appointed or hold office under and in accordance with section 8 of the Government of Ireland Act 1920 as minister of Northern Ireland or head of a department of the Government of Northern Ireland; and, subject to the provisions of this Act and any Order in Council thereunder,—

(a ) all functions which apart from this Act belong to the Governor, or to the Governor in Council, or to the Government or any minister of Northern Ireland or head of a department of the Government of Northern Ireland, shall be discharged by the Secretary of State; and

(b ) all functions which belong to a department of the Government of Northern Ireland may be discharged by the Secretary of State or (except in so far as he otherwise directs) may, notwithstanding that there is no head of the department, be discharged by the department on behalf of the Secretary of State and subject to his direction and control.

Paragraphs (a ) and (b ) of this subsection shall apply to functions conferred by any enactment or instrument after the passing of this Act, except in so far as provision to the contrary is made by that enactment or instrument.

(2) So long as this section has effect, the Attorney General for England and Wales shall by virtue of that office be Attorney General for Northern Ireland also, and he and the Solicitor General shall by virtue of membership of the bar of England and Wales have in Northern Ireland the same rights of audience as members of the bar of Northern Ireland.

(3) So long as this section has effect, the Parliament of Northern Ireland shall stand prorogued (and no writ need be issued to fill any vacancy); and Her Majesty shall have power by Order in Council to make laws for any purpose for which the Parliament of Northern Ireland has power to make laws, and may by any such Order in Council confer powers or duties on the Secretary of State or any other Minister or department of the Government of the United Kingdom.

Subject to the provisions of this Act, any Order in Council under this subsection may include the like provisions and shall have the same validity and effect as an Act passed (with any necessary consent) by the Parliament of Northern Ireland, and shall accordingly be subject to amendment and repeal by such an Act or by a further Order in Council under this section, and be deemed to be included (so far as the context permits) in any reference to enactments of that Parliament.

(4) Save as provided by this section or any Order in Council made thereunder, Irish services shall continue to be administered, and the cost thereof to be met, as nearly as may be as if this section had not been passed; but the Schedule to this Act shall have effect to make provision as regards the discharge of functions which are by this section made exercisable by the Secretary of State or Attorney General, and as regards other consequential, supplementary or transitional matters.

(5) Subject to any provision made by the Schedule to this Act, this section shall continue in force until the end of the period of one year beginning with the passing of this Act and shall then expire, but, at any time before the expiry of this section, Her Majesty may by Order in Council direct that it shall continue in force for a further period of one year from the time at which it would otherwise expire:

Provided that Her Majesty shall not be recommended to make an Order under this subsection unless a draft of the Order has been approved by resolution of each House of Parliament.

S-2 Status of Northern Ireland as part of the United Kingdom.

2 Status of Northern Ireland as part of the United Kingdom.

2. Nothing in this Act shall derogate or authorise anything to be done in derogation from the status of Northern Ireland as part of the United Kingdom.

S-3 Short title.

3 Short title.

3. This Act may be cited as theNorthern Ireland (Temporary Provisions) Act 1972.

S C H E D U L E

Consequential, Supplementary and Transitional Provisions

Discharge of functions exercisable by Secretary of State or Attorney General

Discharge of functions exercisable by Secretary of State or Attorney General

SCH-1.1

1.

(1) So long as section 1 of this Act has effect, there shall be a body, to be known as the Northern Ireland Commission, to give advice to the Secretary of State on such matters connected with the discharge of his functions relating to Northern Ireland as he may refer to them; and it shall be the duty of the Secretary of State, unless in any case it appears to him impracticable by reason of urgency or otherwise so to do, to refer to the Commission for their advice any proposal to recommend to Her Majesty the making of an Order in Council under section 1(3) of this Act and any proposal to make regulations under section 1(3) of the...

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