Housing (Northern Ireland) Order 1981

Article 3(3).

SCHEDULE 1 N.I. THE NORTHERN IRELAND HOUSING EXECUTIVE

1.—(1) The Executive shall consist of [F1 ten] persons appointed by the head of the Department of whom [F2 4] shall be[F3 members of the Council]. N.I.

[F3 (1A) The Council shall, in accordance with such procedure as the Department may direct, nominate such number of persons who are members of the Council as the Department may determine for consideration for appointment as members of the Executive.]

(2) The head of the Department shall appoint a member of the Executive to be its chairman and another member to be vice-chairman.

F1 1983 NI 15

F2 Word in Sch. 1 para. 1(1) substituted (31.7.2010) by Housing (Amendment) Act (Northern Ireland) 2010 (c. 9), ss. 12, 19(1); S.R. 2010/251, art. 2

F3 2003 NI 2

[F4 2.   In making appointments under paragraph (1), the Minister in charge of the Department shall as far as practicable secure that the members of the Executive as a group, are representative of the community in Northern Ireland.] N.I.

F4 2003 NI 2

3.—(1) Subject to this paragraph, a member of the Executive shall hold and vacate office in accordance with the terms of his appointment. N.I.

(2) A person shall not be appointed a member for a term exceeding 5 years, but previous membership shall not affect eligibility for re-appointment.

(3) A member of the Executive who is appointed on the nomination of the Council shall cease to be such a member when he ceases to be a member of the Council.

(4) A member of the Executive may resign his membership at any time.

(5) The head of the Department may, by notice in writing addressed to a member, terminate his appointment as a member of the Executive if of the opinion that he is unfit to continue in office or incapable of performing his duties as member.

4.  The Executive may act notwithstanding any vacancy in its membership. N.I.

5.  The Executive may pay to its members such remuneration and other allowances as the Department may, with the approval of the Department of the Civil Service, determine. N.I.

6.—(1) The Executive may constitute committees of its members to which it may delegate such of its functions as it may specify. N.I.

(2) The functions and proceedings of any committee of the Executive shall be exercised subject to, or regulated in accordance with, any directions of the Executive.

7.  Sections 28 to 33, 42, [F5 46, 47, 47A, 48] and 146 of the Local Government Act (Northern Ireland) 1972 [1972 c.9] , and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to the Executive and its members and officers as if— N.I.

(a) in those sections any reference to a council were a reference to the Executive, any reference to a councillor were a reference to a member of the Executive and any reference to a clerk of a council were a reference to such officer of the Executive as the Department may specify;

(b) in section 28(4) of that Act for the words from “by any local elector” onwards there were substituted the words “ by any person ”.

F5 1988 NI 23

8.—(1) The common seal of the Executive shall, when applied to a document, be attested by the signature of a member of the Executive, or of an officer of the Executive authorised by it to act for the purposes of this paragraph. N.I.

(2) Any contract or instrument which, if entered into or executed by an individual would not require to be[F6 executed as a deed] may be entered into or executed on behalf of the Executive by any person generally or specially authorised by the Executive to act for that purpose.

F6 2005 NI 7

9.  The validity of any proceedings of the Executive or of any of its committees shall not be affected by any defect in the appointment of any person acting as a member of the Executive or of any such committee. N.I.

Para. 10 rep. by 1996 NI 7