Justice (Northern Ireland) Act 2002

Section 50

SCHEDULE 9 Law Commission

Commissioners' tenure

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.

Commissioners holding judicial office

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

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.

Staff

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.

Financial provisions

5 The Secretary of State may make grants to the Commission.

6 (1) The Commission must—

(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.

Miscellaneous

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—

(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 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 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 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 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

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 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

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.”