Search Legislation

Northern Ireland Act 1998

Status:

This is the original version (as it was originally enacted).

Section 68(4).

SCHEDULE 7The Northern Ireland Human Rights Commission

Introductory

1In this Schedule “the Commission” means the Northern Ireland Human Rights Commission.

Commissioners' tenure

2(1)Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.

(2)A Commissioner shall not be appointed—

(a)in the case of the Chief Commissioner, for more than five years at a time; and

(b)in any other case, for more than three years at a time.

(3)A person may resign as a Commissioner or as Chief Commissioner by notice in writing to the Secretary of State.

(4)The Secretary of State may dismiss a person from his office as Commissioner or Chief Commissioner if satisfied—

(a)that he has without reasonable excuse failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;

(b)that he has been convicted of a criminal offence;

(c)that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(d)that he is unable or unfit to carry out his functions.

Commissioners' salary etc.

3(1)The Commission shall pay to or in respect of Commissioners—

(a)remuneration;

(b)allowances and fees; and

(c)sums for the provision of pensions,

in accordance with directions of the Secretary of State.

(2)Where a person who by reference to any office or employment is a participant in a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 becomes a Commissioner or the Chief Commissioner, the Minister for the Civil Service may, notwithstanding any provision made under sub-paragraph (1)(c), determine that the person’s service as Commissioner or Chief Commissioner shall be treated for the purposes of the scheme as service in that office or employment.

Staff

4(1)The Commission may employ staff subject to the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of employment.

(2)Employment with the Commission shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) after “Commission for Racial Equality” insert— Northern Ireland Human Rights Commission

(3)The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual report

5(1)The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Secretary of State on the performance of its functions during the year.

(2)The Secretary of State shall lay a copy of the report before each House of Parliament.

Money

6The Secretary of State may make grants to the Commission out of money provided by Parliament.

7(1)The Commission shall keep proper accounts and financial records.

(2)The Commission shall—

(a)prepare a statement of accounts in respect of each financial year containing such information, and in such form, as the Secretary of State with the consent of the Treasury directs; and

(b)send a copy to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year as the Secretary of State directs.

(3)The Comptroller and Auditor General shall—

(a)examine, certify and report on the statement of accounts; and

(b)lay a copy of the statement of accounts and of his report before each House of Parliament.

(4)For the purposes of this paragraph—

(a)a financial year is a period of twelve months ending on 31st March; but

(b)the first financial year is the period beginning with the day on which section 68 comes into force and ending with the first 31st March which falls at least six months after that day.

Procedure

8(1)In determining its own procedure the Commission may, in particular, make provision about—

(a)the discharge of its functions by committees (which may include persons who are not Commissioners);

(b)a quorum for meetings of the Commission or a committee.

(2)The validity of any proceedings of the Commission or a committee shall not be affected by—

(a)a vacancy in the office of Chief Commissioner; or

(b)a defect in the appointment of a Commissioner.

Disqualification

9In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— Northern Ireland Human Rights Commissioner

10In Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— Northern Ireland Human Rights Commissioner

Status

11The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources