- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2009)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 12/04/2010
Point in time view as at 01/10/2009.
There are currently no known outstanding effects for the Justice (Northern Ireland) Act 2002, SCHEDULE 9.
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.
Section 50
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 Secretary of State.
(4)The Secretary of State 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, 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.
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.
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 Secretary of State may determine.
(2)If a person who, by reference to any office or employment, is a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11) becomes a Commissioner, the Minister for the Civil Service 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.
(3)The Commission must 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.
4(1)The Commission may employ staff, but subject to the approval of the Secretary of State 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,
(b)the civil service of Northern Ireland, or
(c)the Court Service,
as it considers appropriate for or in connection with the exercise of its functions.
(3)Employment as a member of staff of the Commission is 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 (employments etc. to which section 1 can apply), at the appropriate place in the list of “Royal Commissions and other Commissions” insert—
“Northern Ireland Law Commission.”
(4)The Commission must 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 (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
5The Secretary of State may make grants to the Commission.
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 Secretary of State directs.
(3)The Commission must send copies of the statement of accounts relating to a financial year to—
(a)the Secretary of State, and
(b)the Comptroller and Auditor General,
within such period after the end of the financial year as the Secretary of State directs.
(4)The Comptroller and Auditor General must—
(a)examine, certify and report on the statement of accounts, and
(b)lay a copy of the statement of accounts and of his report on it before each House of Parliament.
(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.
7The 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.
9N.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.
10N.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.
11N.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.
12N.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.
13In 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.”
14N.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.”
15In 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.”
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan 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?
Y Rhestrau 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?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: 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.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
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.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys