The Trade Union and Labour Relations (Northern Ireland) Order 1995

PART IX THE NORTHERN IRELAND COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS AND THE NORTHERN IRELAND COMMISSIONER FOR PROTECTION AGAINST UNLAWFUL INDUSTRIAL ACTION

The Commissioners

130.—(1) There—

(a) shall continue to be an officer called the Northern Ireland Commissioner for the Rights of Trade Union Members whose function is to provide assistance in accordance with Part VII in connection with certain legal proceedings, and

(b) shall be an officer called the Northern Ireland Commissioner for Protection Against Unlawful Industrial Action whose function is to provide assistance in accordance with Articles 121 and 122 in connection with proceedings brought by virtue of Article 120.

(2) Each of the Commissioners shall be appointed by the Department.

(3) Each of the Commissioners shall have an official seal for the authentication of documents required for the purposes of his functions.

(4) Anything authorised or required by or under this Order to be done by either of the Commissioners may be done by a member of his staff authorised by him for that purpose, whether generally or specifically. An authorisation given for the purposes of this paragraph continues to have effect during a vacancy in the office of the Commissioner concerned.

(5) Neither of the Commissioners nor any member of the staff of either of the Commissioners shall, in that capacity, be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Terms of appointment of Commissioners

131.—(1) Each of the Commissioners shall hold and vacate office in accordance with the terms of his appointment, subject to the following provisions.

(2) The appointment of a person to hold office as one of the Commissioners shall be for a term not exceeding five years; but previous appointment to that office does not affect eligibility for re-appointment.

(3) The Department may remove a person from office as one of the Commissioners if it is satisfied—

(a) that that person has been adjudged bankrupt or he has made a composition or arrangement with his creditors,

(b) that he is incapacitated by physical or mental illness, or

(c) that he is otherwise unable or unfit to discharge the functions of the office.

Remuneration, pension, etc.

132.—(1) There shall be paid to each of the Commissioners such remuneration, and such travelling and other allowances, as the Department may determine.

(2) If the Department so determines in the case of any person who holds office as one of the Commissioners, there shall be paid such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or payments towards provision for such a pension, allowance or gratuity as may be so determined.

(3) If, when a person ceases to hold office as one of the Commissioners, the Department determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be so determined.

(4) Payments required to be made under this Article shall be made by the Department.

(5) The consent of the Department of Finance and Personnel is required for the making of a determination under this Article.

Staff of the Commissioners

133.—(1) Each of the Commissioners may appoint such staff as he may determine, with the approval of the Department as to numbers and terms and conditions of service.

The consent of the Department of Finance and Personnel is required for the giving of an approval under this paragraph.

(2) Employment as a member of the staff of one of the Commissioners is one of the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972(1) may apply.

(3) Where a person who is a participant in a scheme under Article 3 of that Order by reference to his employment by one of the Commissioners becomes one of the Commissioners, the Department of Finance and Personnel may determine that his service as Commissioner shall be treated for the purposes of the scheme as service as an employee; and his rights under the scheme shall not be affected by the preceding provisions of this Part.

(4) Neither of the Commissioners is required by Part III of the Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972(2) to effect insurance.

Financial provisions

134.—(1) Each of the Commissioners may, with the approval of the Department, make such provision as he considers appropriate for the payment by him to those who apply for assistance of sums in respect of travelling and other expenses incurred by them in connection with their applications.

(2) The Department shall pay to each of the Commissioners such sums as it may determine are required by him for the purpose of carrying out his functions.

(3) The consent of the Department of Finance and Personnel is required for the giving of an approval under paragraph (1) or the making of a determination under paragraph (2).

Annual report and accounts

135.—(1) As soon as reasonably practicable after the end of a financial year each of the Commissioners shall prepare a report on his activities during that year and shall send a copy of it to the Department.

The Department shall lay a copy of the report before the Assembly.

(2) Each of the Commissioners shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) Each of the Commissioners shall, not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Department and to the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall examine, certify and report on each such statement and shall send copies of that report to the Department.

(5) The Department shall lay before the Assembly a copy of each statement of account sent to it under paragraph (3) and of the report made by the Comptroller and Auditor General thereon under paragraph (4).

(1)

1972 NI 10

(2)

1972 NI 6