Commissioner for Older People Act (Northern Ireland) 2011

Section 1(4).

SCHEDULE 1 N.I. The Commissioner for Older People for Northern Ireland

Modifications etc. (not altering text)

C1 Schs. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))

Status N.I.

1—(1) The person for the time being holding the office of Commissioner for Older People for Northern Ireland is by that name to be a corporation sole. N.I.

(2) The Commissioner 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) The property held by the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

General powers N.I.

2—(1) The Commissioner may do anything, apart from borrowing money, which the Commissioner considers is— N.I.

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of the Commissioner's functions.

(2) That includes in particular—

(a) co-operating with other bodies exercising functions relating to older persons or their interests (whether in the United Kingdom or elsewhere);

(b) acquiring, holding and disposing of real or personal property;

(c) entering into contracts.

Tenure of office N.I.

3—(1) Subject to the provisions of this paragraph, a person holds and vacates office as the Commissioner in accordance with the terms of that person's appointment. N.I.

(2) An appointment as the Commissioner is for a term of 4 years.

(3) A person who ceases to be the Commissioner on the expiration of that person's first term of office is eligible for re-appointment, but a person who has been re-appointed by virtue of this sub-paragraph is not eligible for appointment or re-appointment as the Commissioner at any time after the end of that person's second term of office.

(4) A person may at any time resign from office as the Commissioner by notice to the First Minister and deputy First Minister.

(5) The First Minister and deputy First Minister acting jointly may remove a person from office as the Commissioner if satisfied that that person has—

(a) been convicted of a criminal offence;

(b) become bankrupt [F1 or is the subject of a bankruptcy restrictions order] [F2 or had a debt relief order made in respect of him or is the subject of a debt relief restrictions order] or made an arrangement or composition with that person's creditors;

(c) without reasonable excuse, failed to discharge the functions of the Commissioner for a continuous period of 3 months; or

(d) become unfit or unable to exercise the functions of the Commissioner.

Textual Amendments

F1 Words in Sch. 1 para. 3(5)(b) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 18

F2 Words in Sch. 1 para. 3(5)(b) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 24

Salary, etc. N.I.

4—(1) The Office may pay to or in respect of the Commissioner— N.I.

(a) such remuneration,

(b) such allowances, and

(c) such sums for the provision of a pension,

as the Office may determine.

(2) Where a person ceases to hold office as Commissioner otherwise than on the expiration of that person's term of office and the Office determines that there are special circumstances that make it right for that person to receive compensation, the Office may make to that person a payment of such amount as the Office may determine.

(3) A determination of the Office under this paragraph requires the approval of the Department of Finance and Personnel.

Staff N.I.

5—(1) The Commissioner may appoint such number of officers as the Commissioner may determine. N.I.

(2) The remuneration and other conditions of service of the officers appointed under this paragraph are to be determined by the Commissioner.

(3) The Commissioner may make such payments towards the provision of such pensions or allowances to or in respect of the officers appointed under this paragraph as the Commissioner may determine.

(4) The reference in sub-paragraph (3) to pensions or allowances to or in respect of the officers appointed under this paragraph includes reference to pensions or allowances by way of compensation to or in respect of any of those officers who suffer loss of employment.

(5) A determination of the Commissioner under this paragraph requires the approval of the Office and the Department of Finance and Personnel.

(6) Employment as an officer of the Commissioner is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 (NI 10) can apply and, accordingly, in Schedule 1 to that Order (employments to which Article 3 can apply) the following entry is inserted at the appropriate place— “ Employment by the Commissioner for Older People for Northern Ireland. ”.

Exercise of functions of Commissioner N.I.

6  Any function of the Commissioner may be exercised by any officer of the Commissioner who has been authorised (whether generally or specially) by the Commissioner for the purpose. N.I.

Seal N.I.

7  The application of the seal of the Commissioner must be authenticated by the Commissioner's signature or by the signature of any officer of the Commissioner who has been authorised (whether generally or specially) by the Commissioner for the purpose. N.I.

Evidence N.I.

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

Property N.I.

9—(1) Any real or personal property vested in the Commissioner must (unless and until disclaimed or disposed of) vest in the Commissioner's successor in office. N.I.

(2) Where there is a vacancy in the office of Commissioner at the time when real or personal property would otherwise have vested, the property must vest in the successor on that person's appointment.

Funding N.I.

10—(1) The Office may make grants to the Commissioner of such amounts as it may determine. N.I.

(2) Subject to sub-paragraph (3), the Commissioner must pay to the Office all sums received by the Commissioner in the course of, or in connection with, the carrying out of the functions of the Commissioner.

(3) Sub-paragraph (2) does not apply to such sums, or sums of such description, as the Office may, with the approval of the Department of Finance and Personnel, direct.

(4) Any sums received by the Office under sub-paragraph (2) must be paid into the Consolidated Fund.

Accounts N.I.

11—(1) The Commissioner must— N.I.

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must—

(a) be in such form, and

(b) contain such information,

as the Office may, with the approval of the Department of Finance and Personnel, direct.

(3) The Commissioner must, within such period after the end of each financial year as the Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Office, and

(b) the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on every statement of accounts sent to the Comptroller and Auditor General by the Commissioner under this paragraph, and

(b) send a copy of the Comptroller and Auditor General's report to the Office.

(5) The Office must lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

(6) In this paragraph and paragraph 12 “financial year” means—

(a) the period beginning with the day on which the first person appointed under section 1(2) takes office and ending with the next 31st March following that date, and

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

Annual report N.I.

12—(1) As soon as practicable after the end of each financial year, the Commissioner must send to the Office a report on the carrying out of the functions of the Commissioner during that year. N.I.

(2) A report under this paragraph in respect of any year must give details of the steps taken by the Commissioner in that year for the purpose of complying with the Commissioner's duty under section 3(8).

(3) The Office must—

(a) lay a copy of every report sent to it under this paragraph before the Assembly; and

(b) send a copy of every such report to the Secretary of State.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25) N.I.

13  In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) insert, at the appropriate place— “ Commissioner for Older People for Northern Ireland ”. N.I.

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7) N.I.

F3 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F3 Sch. 1 para. 14 repealed (1.4.2016) by Public Services Ombudsman Act (NorthernIreland) 2016 (c. 4), s. 64, Sch. 9 (with s. 23, 50(3))

The Freedom of Information Act 2000 (c. 36) N.I.

15  In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (offices and bodies which are public authorities for the purposes of the Act) insert, at the appropriate place— “ The Commissioner for Older People for Northern Ireland ”. N.I.