Justice (Northern Ireland) Act 2002

Section 50

SCHEDULE 9 N.I. Law Commission

Commissioners’ tenure N.I.

1 (1) Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment).

(2) A person may not be appointed as a Commissioner for more than five years at a time.

(3) A Commissioner may resign by notice in writing to the [F1 Department of Justice].

(4) The [F1 Department of Justice] may dismiss a Commissioner if satisfied that—

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

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him [F2 or he has become the subject of a bankruptcy restrictions order] [F3 or a debt relief order has been made in respect of him or he is the subject of a debt relief restrictions order], 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) he is otherwise unable or unfit to exercise his functions.

Textual Amendments

F1 Words in Sch. 9 para. 1(3)(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(2) (with arts. 28-31)

F2 Words in Sch. 9 para. 1(4)(c) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. Pt. 1 para. 12(6)

F3 Words in Sch. 9 para. 1(4)(c) 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. 19(5)

Commissioners holding judicial office N.I.

2 (1) A person who holds judicial office may be appointed as a Commissioner without relinquishing that office.

(2) But he is not, unless the terms of his appointment provide otherwise, required to perform the duties of his judicial office while he is a Commissioner.

Salary etc. of Commissioners not holding full-time judicial office N.I.

3 (1) The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such—

(a) salary,

(b) allowances,

(c) fees, or

(d) sums for the provision of pensions,

as the [F4 Department of Justice] may determine.

[F5 (1A) If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 becomes a Commissioner, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment.

(1B) The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (1A).]

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in Sch. 9 para. 3(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(3)(a) (with arts. 28-31)

F5 Sch. 9 para. 3(1A)(1B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(3)(b) (with arts. 28-31)

F6 Sch. 9 para. 3(2)(3) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(3)(c) (with arts. 28-31, Sch. 13 para. 26)

Modifications etc. (not altering text)

C1 Sch. 9 para. 3(1B) extended (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 26(6)(b) (with arts. 28-31)

Staff N.I.

4 (1) The Commission may employ staff, but subject to the approval of the [F7 Department of Justice] as to—

(a) numbers,

(b) salary, and

(c) other terms of employment.

(2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

(a) the civil service of the United Kingdom, [F8 or]

(b) the civil service of Northern Ireland, F9 ...

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as it considers appropriate for or in connection with the exercise of its functions.

[F10 (2A) Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

“Employment by the Northern Ireland Law Commission.”

(2B) The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).]

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Sch. 9 para. 4(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(4)(a) (with arts. 28-31)

F8 Word in Sch. 9 para. 4(2) inserted (12.4.2010) by The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 9(5)(a) (with arts. 5-7)

F9 Sch. 9 para. 4(2)(c) and word omitted (12.4.2010) by virtue of The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 9(5)(b) (with arts. 5-7)

F10 Sch. 9 para. 4(2A)(2B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(4)(b) (with arts. 28-31)

F11 Sch. 9 para. 4(3)(4) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(4)(c) (with arts. 28-31, Sch. 13 para. 26)

Modifications etc. (not altering text)

C2 Sch. 9 para. 4(2B) extended (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 26(6)(b) (with arts. 28-31)

Financial provisions N.I.

5 The [F12 Department of Justice] may make grants to the Commission.

Textual Amendments

F12 Words in Sch. 9 para. 5 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(5) (with arts. 28-31)

6 (1) The Commission must— N.I.

(a) keep proper accounts and proper financial records, and

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

(2) The statement of accounts must—

(a) contain such information, and

(b) be in such form,

as the [F13 Department of Justice] directs.

(3) The Commission must send copies of the statement of accounts relating to a financial year to—

(a) the [F13 Department of Justice], F14 ...

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

within such period after the end of the financial year as the [F13 Department of Justice] directs.

F15 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this paragraph “financial year” means—

(a) the period beginning with the day on which section 50 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Textual Amendments

F13 Words in Sch. 9 para. 6(2)(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 25(6)(a) (with arts. 28-31, Sch. 13 para. 27)

F14 Sch. 9 para. 6(3)(b) and word repealed (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 102(a), 111(1), Sch. 8 Pt. 5 (with Sch. 6 para. 9)

F15 Sch. 9 para. 6(4)(4A) repealed (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 102(b), 111(1), Sch. 8 Pt. 5 (with Sch. 6 para. 9)

Miscellaneous N.I.

7 The exercise by the Commission of its functions is not affected by—

(a) any vacancy among the Commissioners, or

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

8 (1) The Commission is not to be regarded— N.I.

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

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

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

9 N.I. The Commission may do anything, apart from borrowing money, which it considers is—

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

10 N.I. The application of the seal of the Commission is to be authenticated by the signature of any Commissioner or member of staff of the Commission who has been authorised (whether generally or specially) for the purpose.

11 N.I. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.

12 N.I. A document purporting to be—

(a) duly executed by the Commission under its seal, or

(b) signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification N.I.

13 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

14 N.I. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

Freedom of information N.I.

15 In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”