The Probation Board (Northern Ireland) Order 1982

Article 3.

SCHEDULE 1 N.I. THE PROBATION BOARD FOR NORTHERN IRELAND

Status N.I.

1.—(1) The Board shall be a body corporate to which section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply, subject to the provisions of this Order. N.I.

Sub‐para. (2) rep. by 1998 c. 47 sch. 15

2.  The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown, and the Board's property shall not be regarded as property or property held on behalf of the Crown. N.I.

Members N.I.

3.—(1) The Board shall consist of— N.I.

(a) a chairman, a deputy chairman, and not less than 10 nor more than 18 other members appointed by the Secretary of State; and

(b) not more than five members co-opted by the Board with the approval of the Secretary of State.

(2) A person shall not be appointed or co-opted as a member of the Board for more than three years at a time.

(3) A person may at any time resign his office as a member or as chairman or deputy chairman by notice in writing to the Secretary of State.

(4) The Secretary of State may at any time remove a person from office as a member if satisfied that he—

(a) has been absent from meetings of the Board or a committee of the Board for a period longer than three consecutive months without the permission of the Board;

(b) has been adjudged bankrupt or has made any composition or arrangement with his creditors;

(c) is incapacitated by physical or mental illness; or

(d) is otherwise unable or unfit to discharge the functions of a member.

(5) If a person who is chairman or deputy chairman ceases to be a member of the Board, he shall also cease to be chairman or deputy chairman.

(6) Where the place of a member becomes vacant before the expiration of his term of office whether by death, resignation or otherwise, the vacancy shall be filled by appointment by the Secretary of State and any person so appointed shall hold office for the remainder of the term of office of the former member.

(7) A person whose term of office as a member of the Board expires by effluxion of time or who has resigned that office shall be eligible for re-appointment.

4.  The Board shall pay or make provisions for such remuneration and allowances (including allowances for expenses), pensions and gratuities to or in respect of the chairman, deputy chairman and other members of the Board as the Secretary of State, with the approval of the Treasury, may determine. N.I.

5.  Where a person ceases to be a member of the Board otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the approval of the Treasury, direct the Board to make to that person a payment of such amount as the Secretary of State, with the approval of the Treasury, may determine. N.I.

6.  In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975F1 (bodies of which all members are disqualified) there shall be inserted at the appropriate place in alphabetical order— N.I.

“ The Probation Board for Northern Ireland ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1 1975 c. 25.

Proceedings N.I.

7.—(1) Subject to the provisions of this Order, the arrangements for the proceedings of the Board (including the quorum for meetings) shall be such as the Board may determine. N.I.

(2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board's functions by a committee of the Board or by one or more of the members of the Board or of its staff.

8.  The validity of any proceedings of the Board shall not be affected by any defect in the appointment or co-option of a member or by any vacancy among the members or in the office of chairman or deputy chairman. N.I.

Disclosure of pecuniary, etc., interests and related provisions N.I.

9.—(1) Section 28 to 33 and 146 of the Local Government Act (Northern Ireland) 1972F2 and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to the Board and to a member thereof as if— N.I.

(a) in those sections any reference—

(i) to the Department of the Environment were to the Secretary of State;

(ii) to a council were to the Board;

(iii) to a councillor were to a member of the Board;

(iv) to the clerk of the council were to the person appointed by the Board to act as its secretary; and

(v) to that Act were to this Order;

(b) in section 28(4) of that Act the words “or 46” were omitted and for the words “by any local elector” onwards there were substituted the words “ by any person ”.

(2) In sub-paragraph (1), except in head (a) (iv), references to the Board include references to a committee of the Board.

(3) Notwithstanding anything in sub-paragraph (1), where a member of the staff of the Board is also a member of the Board he may vote upon any matter which touches the interests of the staff, or any class of the staff, of the Board (including a class to which he belongs), but shall not vote upon any matter touching only his individual interest.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F2 1972 c. 9 (N.I.)

The seal N.I.

10.  The seal of the Board shall be authenticated by the signature of at least one member of the Board and of a member of the staff of the Board authorised by it to act in that behalf. N.I.

Execution of contracts and instruments not under seal N.I.

11.  Any contract or instrument which, if entered into or executed by an individual, would not require to be[F3 executed as a deed]F3 may be entered into or executed on behalf of the Board by any person generally or specifically authorised by the Board to act for that purpose and any document purporting to be such a contract or instrument shall be deemed to be such an instrument until the contrary is proved. N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F3 2005 NI 7

Acquisition and disposal of property N.I.

12.—(1) The powers of the Board under section 19 of the Interpretation Act (Northern Ireland) 1954 to acquire and dispose of property shall not be exercised without the consent of the Secretary of State which may be given either generally or in particular cases or descriptions of case or subject to specified conditions. N.I.

(2) The absence of the consent of the Secretary of State in any particular case shall not invalidate the exercise of the powers referred to in sub-paragraph (1) if that consent is subsequently given.

Staff N.I.

13.—(1) The remuneration and other terms and conditions of service of members of the staff of the Board shall be subject to the approval of the Secretary of State given with the consent of the Treasury. N.I.

(2) The qualifications, manner of appointment and duties of members of the staff of the Board shall be such as may be prescribed.

(3) In the case of such classes or descriptions of members of the staff of the Board as may be prescribed, the Board's power to appoint them shall be subject to the approval of the Secretary of State.

(4) The Board may, in the case of such classes or descriptions of members of the staff of the Board as may be determined by the Secretary of State with the consent of the Treasury,—

(a) pay such pensions, allowances or gratuities to or in respect of them, or

(b) make such payments towards the provision of such pensions, allowances or gratuities (including refunds of contributions to any pension fund with or without interest or other additions), or

(c) make or maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

(d) make such redundancy payments, being not less than the Board would but for this head be required to make,

as may be determined by the Secretary of State with the consent of the Treasury.

14.  The Board may make arrangements with the Secretary of State for the provision of administrative, secretarial or other assistance for the Board. N.I.