The Education and Libraries (Northern Ireland) Order 1986

Article 82(2)

SCHEDULE 15 N.I. THE STAFF COMMISSION FOR EDUCATION AND LIBRARY BOARDS

1.  The Staff Commission shall be a body corporate to which, subject to paragraph 3(2), section 19 of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply. N.I.

2.—(1) The members of the Staff Commission shall be appointed by the Head of the Department and shall consist of— N.I.

(a) a chairman;

(b) five members of boards appointed after consultation with all the boards;

(c) two[F1 chief executives] of boards appointed after consultation with the[F1 chief executives] of all the boards;

(d) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) two persons, not being[F1 chief executives]F3 . . . of boards, appointed after consultation with such associations representative of the staff of boards as the Head of the Department considers appropriate;

(f) two other persons.

(2) The term of office of a member of the Staff Commission shall be such as the Head of the Department may determine but a member shall be eligible for re-appointment on the expiry of his period of office.

(3) An officer of the Department may be appointed by the Head of the Department as assessor to the Staff Commission with the right to receive notices of, and to attend and speak at, meetings of the Commission but he shall not be entitled to vote.

(4) The Staff Commission may appoint a person as observer to attend any meeting of a board or committee of a board at which the appointment of officers is being considered and a board shall give an observer so appointed notice of and access to any such meeting.

(5) The Staff Commission may pay—

(a) to its chairman such remuneration as may be determined by the Department with the approval of the Department of Finance and Personnel;

(b) to its chairman and its other members such reasonable allowances in respect of expenses properly incurred in the performance of their duties as may be determined by the Department,

F1 1989 NI 20

F2 Sch. 15 para. 2(1)(d) repealed (1.4.2009) by Libraries Act (Northern Ireland) 2008 (c. 8), ss. 10(2), 12(2), Sch. 4; S.R. 2009/123, art. 2(g)

F3 Words in Sch. 15 para. 2(1)(e) repealed (1.4.2009) by Libraries Act (Northern Ireland) 2008 (c. 8), ss. 10(2), 12(2), Sch. 4; S.R. 2009/123, art. 2(g)

3.—(1) The functions of the Staff Commission shall be— N.I.

(a) to make recommendations regarding the training of officers of boards;

(b) to recommend appointment and promotion procedures for officers of boards and to establish a code of procedure for securing fair and equal consideration of applications to boards by persons seeking to be employed as officers of boards and fair and equal treatment of persons who are so employed;

(c) to establish advisory panels for the purpose of giving advice to boards on the suitability of applicants for appointment to such offices as the Commission considers appropriate;

(d) to ensure that suitable machinery exists for negotiating the terms and conditions of employment of all officers of boards;

(e) to perform such other functions[F4 as are conferred on it by any statutory provision or] as the Department may from time to time assign to it;

but the functions specified in paragraph (c) shall not be exercised in relation to appointments to which Article 83(1) or 88 applies.

(2) The right of the Staff Commission under section 19(1)(a)(vi) of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to any direction which may be given by the Department with respect to the number and terms and conditions of service of persons employed or to be employed by the Commission.

(3) Where the Staff Commission makes a recommendation to a board and the board does not comply with the recommendation within a reasonable period, the Staff Commission may refer the matter to the Department and the Department shall give such directions to the board or the Staff Commission as it thinks fit.

(4) Each board shall—

(a) make such reports and returns with respect to its officers and their terms and conditions of employment;

(b) furnish such estimates of its probable future staff requirements;

(c) give such information with respect to matters connected with the employment of any officer;

to the Commission, and within such time, as the Commission may require.

F4 2003 NI 12

[F5 4.— (1) In respect of each financial year, the Staff Commission shall prepare and submit to the Department a resource allocation plan which sets out the estimated use of resources by the Commission in that year. N.I.

(2) The plan submitted to the Department under sub-paragraph (1) shall—

(a) be in such form as the Department may approve; and

(b) contain such other information in connection with the exercise, or proposed exercise, by the Commission of its functions as the Department may direct.

(3) The Department may approve a plan submitted to it under sub-paragraph (1) with or without modifications.

(4) The Commission may, with the approval of the Department, at any time submit a revised resource allocation plan to the Department, and the Department may approve the revised plan with or without modifications.

(5) Resources shall not be used by the Commission otherwise than in accordance with a plan (or revised plan) approved under this paragraph.

(6) In this paragraph a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.]

F5 2003 NI 12

5.  The Department may from time to time pay to the Staff Commission such amounts as the Department thinks necessary to enable the Commission to meet expenditure incurred, or to be incurred, by the Commission in accordance with a resource allocation plan (or revised plan) approved under paragraph 4. N.I.

6.—(1) The Staff Commission shall keep accounts in such form as the Department may direct. N.I.

(2) The Commission shall prepare a statement of accounts in respect of each financial year in such form and containing such information as the Department, with the approval of the Department of Finance and Personnel, may direct.

(3) The Commission shall send copies of the statement of accounts to the Department and the Comptroller and Auditor General for Northern Ireland by such date as the Department may direct.

(4) The Comptroller and Auditor General shall—

(a) examine, certify and report on the statement of accounts; and

(b) send a copy of his report to the Commission and to the Department.

(5) The annual report of the Commission laid before the Assembly under paragraph 7 shall include—

(a) the statement of accounts of the Commission for that year; and

(b) the report of the Comptroller and Auditor General thereon.

Para. (6) rep. by 2003 NI 5

7.—(1) The Staff Commission shall in respect of each financial year prepare a report on the exercise of its functions in that year. N.I.

(2) A report shall—

(a) be published; and

(b) be laid before the Assembly,

by the Commission by such date as the Department may direct.

(3) Subject to paragraph 6(5), a report under this paragraph shall contain such information as the Department may direct.

8.  Articles 84 (car loans) and 86(1) (insurance against risks) apply to the Commission as they apply to a board. N.I.