Search Legislation

Historical Institutional Abuse (Northern Ireland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 1

 Help about opening options

Alternative versions:

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Historical Institutional Abuse (Northern Ireland) Act 2019, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Section 1

SCHEDULE 1N.I.The Historical Institutional Abuse Redress Board

This schedule has no associated Explanatory Notes

StatusN.I.

1(1)The Board is a body corporate.N.I.

(2)The Board is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(3)Section 19 of the Interpretation Act (Northern Ireland) 1954, except for subsection (1)(a)(iv) and (vi), applies to the Board, subject to the provisions of this Act; and, for the purposes of that section, the Board is to be treated as if it were established by an Act of the Northern Ireland Assembly.

Advertisement in the Belfast GazetteN.I.

2N.I.The Executive Office must secure that the establishment of the Board is advertised in the Belfast Gazette.

Administrative functions exercisable by Northern Ireland DepartmentN.I.

3(1)The Executive Office must in writing designate a Northern Ireland Department to exercise the administrative functions of the Board on the Board's behalf.N.I.

(2)The designated Department (whether in its own capacity or in the capacity of an agency of that Department) is, accordingly, to exercise the administrative functions of the Board on the Board's behalf; and references in this Schedule to “the Department” are references to the designated Department.

FunctionsN.I.

4(1)In the exercise of the Board's functions, the Board or any member of the Board acting on its behalf, must have regard to the Report of the Historical Institutional Abuse Inquiry (ISBN 978-1-908820-91-4), being the report of the Inquiry held under the Inquiry into Historical Institutional Abuse Act (Northern Ireland) 2013; but this duty does not apply in so far as any of the Board's functions depart from the recommendations made in the Report.N.I.

(2)The Board, or any member of the Board acting on its behalf, may do anything which the Board or member considers to be appropriate for facilitating, or to be incidental or conducive to, the exercise of its functions.

(3)The power under sub-paragraph (2) does not include a power to borrow money.

President and other membersN.I.

5(1)The Lord Chief Justice of Northern Ireland is to appoint a person as the President of the Board.N.I.

(2)The Lord Chief Justice of Northern Ireland is to appoint such persons to serve as the other judicial members of the Board as the President considers necessary, but with the number subject to the approval of the Executive Office.

(3)A person may be appointed under sub-paragraph (1) or (2) only if the person holds or has held office—

(a)as a judge of the Court of Judicature of Northern Ireland, or

(b)as a judge or deputy judge of a county court in Northern Ireland.

(4)The Executive Office is to appoint such number of persons to serve as the other members of the Board as the Executive Office considers necessary.

(5)A person may be appointed under sub-paragraph (4) only if the person has professional qualifications or experience in the field of health or social care which the Executive Office considers relevant.

(6)The President has responsibility for ensuring the efficient and effective discharge of the Board's functions.

(7)The Department may pay to or in respect of the President and each other member of the Board such remuneration, such allowances, and such sums for the provision of a pension as the Executive Office determines.

(8)The Department may reimburse the President and each other member of the Board for such expenses as the member reasonably incurs in acting as such.

Staff, accommodation etc.N.I.

6(1)The staff required for the Board are, with the approval of the Executive Office as to numbers, to be provided by the Department.N.I.

(2)The staff provided under sub-paragraph (1) must, in particular, include a person to act as the secretary to the Board.

(3)The Department may assign one or more members of its staff to act as a deputy secretary to the Board; and a deputy secretary is entitled to act on behalf of the secretary.

(4)The office accommodation and equipment required for the Board are to be provided by the Department.

Delegation and committeesN.I.

7(1)Any function of the President may be exercised by another judicial member of the Board who has been authorised (whether generally or specifically) by the President for that purpose.N.I.

(2)The Board may establish one or more committees to advise the Board or the President.

(3)The Board may establish one or more committees to which the Board may delegate functions.

SealN.I.

8N.I.The application of the seal of the Board must be authenticated—

(a)by the signature of the President, or

(b)by the signature of a person who is authorised under paragraph 7(1) for that purpose.

EvidenceN.I.

9(1)A document purporting to be an instrument issued by the Board and to be duly executed under the Board's seal or signed by or on behalf of the Board is to be received in evidence and, unless the contrary is proved, taken to be such an instrument.N.I.

(2)The Board may administer oaths for the purposes of this Act.

FundingN.I.

10(1)The Executive Office may make to the Department grants of such amounts as the Executive Office determines for the purpose of funding—N.I.

(a)the costs of exercising the administrative functions of the Board,

(b)the awards of compensation made under this Part, and

(c)the amounts the Board is required to pay under this Part in respect of costs and expenses incurred in connection with applications and appeals.

(2)The Board must pay to the Executive Office all sums received by it in the course of, or in connection with, the exercise of the Board's functions.

(3)But sub-paragraph (2) does not apply to such sums, or sums of such description, as the Executive Office may direct with the approval of the Department of Finance in Northern Ireland.

(4)Any sums received by the Executive Office under this paragraph must be paid into the Consolidated Fund of Northern Ireland.

Annual reportN.I.

11(1)The Board must, as soon as practicable after the end of each financial year, send to the Executive Office a report on the exercise of the Board's functions during that year.N.I.

(2)The Executive Office must, in the case of each report sent to it under this paragraph, lay a copy of the report before the Northern Ireland Assembly.

(3)In this paragraph, “financial year” means—

(a)the period beginning with the day on which the Board is established under section 1 and ending with the next 31 March following that date, and

(b)each successive period of twelve months ending with 31 March.

Disqualification from the AssemblyN.I.

12N.I.In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices: bodies of which all members are disqualified), at the appropriate place, insert— “ The Historical Institutional Abuse Redress Board ”.

Freedom of informationN.I.

13N.I.In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (offices and bodies in Northern Ireland which are public authorities for the purposes of the Act), at the appropriate place, insert— “ The Historical Institutional Abuse Redress Board, in relation to its administrative functions. ”

Public Services OmbudsmanN.I.

14N.I.In Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities), under the heading “Miscellaneous”, at the appropriate place, insert— “ The Historical Institutional Abuse Redress Board established under section 1 of the Historical Institutional Abuse (Northern Ireland) Act 2019 ”.

Back to top

Options/Help

Print Options

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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