SCHEDULES

SCHEDULE 2THE HEALTH AND SAFETYF1 EXECUTIVE FOR NORTHERN IRELAND

Article 12(4).

Status

1.

TheF2 Executive shall be a body corporate to which, subject to paragraph 15, section 19 of the Interpretation Act (Northern Ireland) 1954 M1 shall apply.

Para.2 rep by 1998 NI 18

Members

3.

Persons may be appointed as whole-time or part-time members of theF3 Executive.

4.

Subject to paragraphs 5 and 6 a person shall hold and vacate office as chairmanF4, deputy chairman or member of theF4 Executive in accordance with the terms of his appointment.

5.

A person may at any time resign office as chairmanF5, deputy chairman or member of theF5 Executive by notice in writing to the Department.

6.

(1)

The Head of the Department may at any time remove a person from office as chairmanF6, deputy chairman or member of theF6 Executive if satisfied that—

(a)

he has been absent from meetings of theF6 Executive for a period longer than six consecutive months without the permission of theF6 Executive; or

(b)

he has been convicted of a criminal offence; or

(c)

he has become bankrupt F7or is the subject of a bankruptcy restrictions order F8or a debt relief order has been made in respect of him or he is the subject of a debt relief restrictions order or made an arrangement with his creditors; or

(d)

he is incapacitated by physical or mental illness; or

(e)

he is otherwise unable or unfit to perform his duties.

(2)

If the chairmanF6 or deputy chairman ceases to be a member of theF6 Executive he shall also cease to be chairmanF6 or, as the case may be, deputy chairman.

7.

Past service as chairmanF9, deputy chairman or member of theF9 Executive is no bar to reappointment.

Remuneration of members

8.

The Department may pay or make such payments towards the provision of such remuneration, allowances (including allowances for expenses), pensions or gratuities to or in respect of the chairmanF10, deputy chairman and other members of theF10 Executive, or any of them, as with the approval of the Department of the Civil Service, it may determine.

Proceedings

9.

TheF11 Executive may regulate its own procedure and business including its quorum.

10.

A person authorised in writing in that behalf by the Department shall be entitled to attend any meeting of theF12 Executive and to take part in the proceedings at the meeting, but not to vote.

11.

The validity of any proceedings of theF13 Executive shall not be affected by any vacancy in the office of chairmanF13, deputy chairman or member of theF13 Executive or by any defect in the appointment of the chairmanF13, deputy chairman or any member.

The Seal

12.

The fixing of the common seal of theF14 Executive shall be authenticated by the signature of the chairmanF14 or deputy chairman of theF14 Executive or some other member thereof authorised either generally or specially by theF14 Executive to act for that purpose.

Instruments

13.

A document purporting to be duly executed under the common seal of theF15 Executive shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

14.

Any contract or instrument which, if entered into or executed by an individual, would not require to beF16 executed as a deed may be entered into or executed on behalf of theF17 Executive by any person generally or specially authorised by theF17 Executive to act for that purpose, and any document purporting to be such a contract or instrument shall be deemed to be such a contract or instrument until the contrary is proved.

Staff

F1815.

(1)

Subject to sub-paragraph (2), the Executive with the approval of the Department and the Department of Finance and Personnel as to numbers and as to remuneration and other terms and conditions of employment—

(a)

shall appoint a chief executive to carry on and manage and control generally the administration and business of the Executive and to perform such other functions as may be determined by the Executive;

(b)

shall employ such other officers and servants as the Executive considers necessary;

(c)

may employ the services of such other persons as the Executive considers expedient for any particular purpose.

(2)

The first chief executive shall be appointed, and may be removed from office at any time, by the Head of the Department and each subsequent chief executive may be removed from office at any time by the Executive with the consent of the Head of the Department.

(3)

The Executive shall, in the case of the chief executive and such other persons employed by it as may be determined by the Executive with the approval of the Department and the Department of Finance and Personnel, pay to or in respect of them such allowances (including allowances for expenses), pensions or gratuities, or provide and maintain for them such pension schemes (whether contributory or not), or contributory or other pension arrangements, as may be so determined.

Performance of functions

16.

TheF19 Executive may authorise any member of theF19 Executive or any officer or servant of theF19 Executive to perform on behalf of theF19 Executive such of theF19 Executive 's functions (including the function conferred on theF19 Executive by this paragraph) as are specified in the authorisation.

17.

TheF20 Executive with the consent of the Department concerned may appoint officers from that Department as assessors to assist theF20 Executive in the discussion of any matter relating to its functions.

F2117A.

(1)

The Executive shall prepare in respect of the period ending on 31st March 2000 and in respect of each subsequent financial year a report on the Executive's activities during that period or year ( “the annual report”).

(2)

The annual report shall include a general survey of developments, during the period to which it relates, in respect of matters falling within the scope of the Executive's functions.

F22(3)

The Executive shall send a copy of every report prepared under this paragraph to the Department.

(4)

The Department shall—

(a)

lay the report before the Assembly; and

(b)

cause the report to be published.

Accounts and reports

F2318.

(1)

The Executive shall—

(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 shall—

(a)

be in such form; and

(b)

contain such information,

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

(3)

The Executive shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a)

the Department; and

(b)

the Comptroller and Auditor General for Northern Ireland.

(4)

The Comptroller and Auditor General shall—

(a)

examine, certify and report on every statement of accounts sent to him by the Executive under this paragraph; and

(b)

send a copy of his report to the Department.

(5)

The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.