The Mental Health (Northern Ireland) Order 1986

Article 85(3)

SCHEDULE 4 N.I. THE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND

Status N.I.

1.—(1) The Commission shall be a body corporate to which, subject to the provisions of this Schedule, section 19 of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply.

(2) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown.

Membership N.I.

2.—(1) The Commission shall consist of—

(a) a chairman appointed by the Head of the Department and having such legal experience as the Head of the Department considers suitable; and

(b) such number of other members appointed by the Head of the Department as he may from time to time determine.

(2) The members of the Commission shall elect one of their number to be vice-chairman for a period of one year or, where the period of his membership has less than one year to run, for the remainder of such period.

(3) Before making any appointment under sub-paragraph (1) the Head of the Department shall consult such persons and bodies as appear to him to be concerned.

Tenure of office N.I.

3.  Every member of the Commission—

(a) shall hold office for such period, not exceeding four years, as may be specified in the terms of his appointment;

(b) may resign office by notice in writing to the Head of the Department; and

(c) shall otherwise hold and vacate office in accordance with the terms of his appointment.

Remuneration N.I.

4.  The Commission may—

(a) pay to the members of the Commission such remuneration and expenses;

(b) make provision for the payment of such pensions, allowances and gratuities to or in respect of members of the Commission,

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

Disqualification of members of Commission for Northern Ireland Assembly N.I.

5.  In Part II of Schedule 1 to the [1975 c. 25] Northern Ireland Assembly Disqualification Act (bodies of which all members are disqualified) there shall be inserted at the appropriate place in alphabetical order—

“ The Mental Health Commission for Northern Ireland. ”.

Proceedings N.I.

6.—(1) Subject to the provisions of this Schedule, the meetings and proceedings of the Commission, and of any committee thereof, shall be conducted in accordance with standing orders made from time to time by the Commission.

(2) The proceedings of the Commission, or of any committee thereof, shall not be invalidated by any vacancy in the membership of the Commission or any defect in the appointment of any member.

[F1 (3) Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (which provide for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out in sub-paragraph (4), apply in relation to meetings of the Commission as they apply in relation to meetings of a district council.

(4) The modifications are—

(a) any reference to a district council shall be read as a reference to the Commission; and

(b) any reference to councillors or members of the council shall be read as a reference to members of the Commission.]

F1 2001 c. 3 (NI)

Staff and accommodation N.I.

7.—(1) The Commission may—

(a) appoint officers and servants on such terms as to remuneration and conditions of service; and

(b) make provision for the payment of—

(i) such remuneration to—

(A) any person appointed under Article 87(1)(b) and (c); and

(B) any medical practitioner or other person appointed by the Commission for the purposes of any of the provisions of this Order; and

(ii) such pensions, allowances, expenses and gratuities to or in respect of any officers, servants, persons and medical practitioners appointed under head (a) or as mentioned in head (b)(i) of this sub-paragraph,

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

(2) Without prejudice to paragraph (1), the Department may provide for the Commission such officers and servants and such accommodation as the Commission may require.

(3) The Commission shall not have power to acquire or hold land.

Reports N.I.

8.—(1) The Commission shall publish a report on its activities in such form and at such intervals as the Head of the Department may direct; and copies of each such report shall be submitted by the Commission to the Head of the Department who shall lay copies before the Assembly.

(2) The Commission may publish such other reports relating to the functions of the Commission as it thinks fit.

(3) The Commission shall, if so required in writing by the Department, furnish to the Department such information concerning any of its activities as the Department may require.

The seal N.I.

9.  The application of the seal of the Commission shall be authenticated by the signature of the chairman or vice-chairman of the Commission and of an officer of the Commission for the time being authorised by the Commission to act for that purpose.

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

10.  Any contract or instrument which, if entered into or executed by an individual, would not require to be [F2 executed as a deed] may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act for that purpose.

F2 2005 NI 7

N.I.

Para. 11 rep. by 1996 NI 7