Commentary on provisions of Act Section 8: Interpretation of sections 5 to 7
The key terms used in sections 5 to 7 of the Act are defined in section 8(1). Of note are the following definitions:
"appointment function" covers the range of functions affected by the Act including making appointments, recommending a person for appointment, requesting nominations and approving the resulting nominations (as in the cases of NIJAC and the Policing Board), determining terms of office and remuneration (where that is not the responsibility of the department), and functions around resignations and removals. Section 8(3) allows the Secretary of State to amend this definition using a statutory instrument subject to the affirmative procedure (see section 8(4)).
"Northern Ireland Minister" includes both references to the generic post, specific posts (such as the Justice Minister) or First Minister and deputy First Minister; the term includes references to "head of department" (used in legislation before 19982).
"the period while there is no Executive" is the period during which the provisions set out at sections 5 to 7 of the Act apply and it is the period beginning when the Act is passed and ending when a new Northern Ireland Executive is formed, with all Northern Ireland Minister posts filled.