The Commissioner for Complaints (Northern Ireland) Order 1996 (revoked)

F37 functions transfered by SR 1999/481

SCHEDULES

Article 4(4).

SCHEDULE 1 N.I. PENSIONS.AND OTHER BENEFITS

Interpretation N.I.

1.  In this Schedule— N.I.

• “the 1993 Act” means the [1993 c. 8.] Judicial Pensions and Retirement Act 1993;

• “the 1993 scheme” means the scheme of pensions and other benefits constituted by Part I of the 1993 Act;

• “the civil service scheme” means the scheme of pensions and other benefits applicable under Article 3 of the [1972 NI 10.] Superannuation (Northern Ireland) Order 1972 to the civil service of Northern Ireland;

• “judicial pension scheme” means any public service pension scheme, as defined in—

  (a)

  section 1 of the [1993 c. 48.] Pensions Schemes Act 1993; or

  (b)

  section 1 of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993,

  under which pensions and other benefits are payable in respect of service in one or more qualifying judicial offices, within the meaning of the 1993 Act, but does not include the civil service scheme.

Persons holding office before 31 March 1995 N.I.

2.  Notwithstanding any provision in this Order, the [S.R.& O. (N.I.) 1973 No. 455.] Parliamentary Commissioner for Administration and Commissioner for Complaints (Pension) Order (Northern Ireland) 1973 shall continue to apply in relation to a person who held office as Commissioner at any time before 31 March 1995. N.I.

Persons taking office on or after 31 March 1995 N.I.

3.  A person who first holds office as Commissioner on or after 31 March 1995 shall be entitled, if he was a member of a judicial pension scheme immediately before he first holds that office, to elect between— N.I.

(a) the scheme of pensions and other benefits under that judicial pension scheme (his “former scheme”);

(b) (if different from his former scheme) the 1993 scheme; and

(c) the civil service scheme,

and, if he is not entitled to make an election under this paragraph, or if he is so entitled but fails to make such an election, he shall be treated as if he had been so entitled and had elected for the civil service scheme.

Effect of election to continue in former scheme N.I.

4.  Where a person elects under this Schedule for his former scheme, that scheme shall, subject to regulations made under this Schedule, apply as if his service as Commissioner were service which was subject, in his case, to that scheme. N.I.

Effect of election for the civil service scheme N.I.

5.  Where a person elects under this Schedule for the civil service scheme, the principal civil service pension scheme within the meaning of Article 4 of the [1972 NI 10.] Superannuation (Northern Ireland) Order 1972 and for the time being in force shall apply as if his service as Commissioner were service in employment in the civil service of Northern Ireland. N.I.

Effect of election for the 1993 scheme N.I.

6.—(1) A person who elects under paragraph 3(b) for the 1993 scheme, shall be entitled, when he ceases to hold office as Commissioner, to a pension under Part I of the 1993 Act at the appropriate annual rate (within the meaning of that Act) if he has held that office for at least 5 years and either— N.I.

(a) he has attained the age of 65; or

(b) he is disabled by permanent infirmity for the performance of the duties of the office.

(2) Subject to the following provisions of, and regulations made under, this Schedule, the provisions of Part I of the 1993 Act (other than sections l(1) to (4) and 2) and of sections 19, 20 and 23 of, and Schedule 2 to, that Act (which provide for benefits in respect of earnings in excess of pension-capped salary, appeals and transfer of accrued rights) shall apply in relation to him and his service in the office of Commissioner as they apply in relation to a person to whom Part I of that Act applies.

(3) Subject to regulations made under this Schedule, in the application of provisions of the 1993 Act by virtue of sub-paragraph (2), a person who elects for the 1993 scheme shall be treated—

(a) as if the office of Commissioner were a qualifying judicial office (within the meaning of that Act) by virtue of inclusion among the offices specified in Part I of Schedule 1 to that Act;

(b) as if his election under this Schedule were an election such as is mentioned in paragraph (d) of section l(1) of that Act (so that, in particular, section 12 of that Act, which provides for the transfer of accrued rights into the scheme, applies);

(c) as if his pension by virtue of this Schedule were a pension under section 2 of that Act (and, accordingly, a judicial pension, within the meaning of that Act); and

(d) for the purpose of determining, in the event of his death, the rate of any surviving spouse's or children's pension payable under sections 5 to 8 of that Act in respect of his service as Commissioner, as if references in those sections to the annual rate of the deceased's judicial pension were references—

(i) where a pension had commenced to be paid to him by virtue of sub-paragraph (1), to the appropriate annual rate of that pension; or

(ii) where no such pension had commenced to be paid to him, to the rate that would have been the appropriate annual rate of the pension payable to him by virtue of sub-paragraph (1)(b), had he not died, but been disabled by permanent infirmity for the performance of the duties of his office on and after the date of death.

(4) In the application of the 1993 Act to the Commissioner (whether by virtue of paragraph 3(a) or (b)) the references to the appropriate Minister in sections 13 (election for personal pension), 19 (benefits in respect of earnings in excess of pension-capped salary) and 20 (appeals) of, and Schedule 2 (transfer of accrued rights) to, that Act shall be taken as references to the Minister for the Civil Service and the power conferred by paragraph 2 of that Schedule to make regulations shall be exercisable by the Minister for the Civil Service.

Time for, and manner of, election N.I.

7.  Any power to make an election under this Schedule shall be exercisable within such time and in such manner as may be prescribed in regulations under this Schedule. N.I.

Regulations N.I.

8.—(1) The Minister for the Civil Service may make regulations for purposes supplementary to the other provisions of this Schedule. N.I.

(2) Any such regulations may, without prejudice to section 38 of the [1967 c. 24 (N.I.).] Superannuation Act (Northern Ireland) 1967 or section 39A of the [1965 c. 74.] Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of a person to whom—

(a) his former scheme, —

(b) the 1993 scheme, or

(c) the civil service scheme,

applies, or has applied, in respect of any service other than service as Commissioner.

(3) The provision that may be made by virtue of sub-paragraph (2) includes provision—

(a) for aggregating—

(i) other service falling within his former scheme or the 1993 scheme with service as Commissioner, or

(ii) service as Commissioner with such other service,

for the purpose of determining qualification for, or entitlement to, or the amount of, benefit under the scheme in question;

(b) for increasing the amount of the benefit payable under any of the schemes mentioned in head (a)(i), in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Commissioner, up to the amount that would have been payable under that scheme if he had retired from that office on the ground of permanent infirmity immediately before his appointment.

(4) Regulations made under this Schedule shall be subject to annulment in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

Pensions and benefits to be charged on the Consolidated Fund of the United Kingdom N.I.

9.  Any pension or other benefit granted by virtue of this Schedule (except a pension or other benefit under the civil service scheme) shall be charged on, and issued out of, the Consolidated Fund of the United Kingdom. N.I.

Article 7(1).

SCHEDULE 2 N.I. BODIES SUBJECT TO INVESTIGATION

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Entry relating to the Agricultural Research Institute of Northern Ireland in Sch. 2 repealed (1.4.2006) by Agriculture (Northern Ireland) Order 2004 (S.I. 2004/3327 (N.I. 23)), arts. 1(3), 13, Sch. 4; S.R. 2006/172, art. 2

[F2 The Agri-food and Biosciences Institute]

F2 Words in Sch. 2 inserted (1.4.2006) by Agriculture (Northern Ireland) Order 2004 (S.I. 2004/3327 (N.I. 23)), arts. 1(3), 3(5), Sch. 1 para. 20; S.R. 2006/172, art. 2

[F3 Appeal Officer for Community Interest Companies]

F3 Words in Sch. 2 inserted (6.4.2007) by Companies Act 2006 (Commencement No. 2, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/1093), art. 6(2), Sch. 4 para. 57 (with art. 11(1))

  

The Arts Council of Northern Ireland.

[F4 The Board of Trustees of the National Museums and Galleries of Northern Ireland.]

F4 1998 NI 2

[F5 The Charity Commission for Northern Ireland]

F5 Words in Sch. 2 inserted (27.3.2009) by Charities Act (Northern Ireland) 2008 (c. 12), ss. 6(7), 185(1), Sch. 1 para. 13; S.R. 2009/138, art. 2, Sch.

Valid from 12/04/2010

[F6 The Chief Inspector of Criminal Justice for Northern Ireland.]

F6 Sch. 2: entry relating to the Chief Inspector of Criminal Justice for Northern Ireland inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 16, Sch. 19 para. 5(2) (with arts. 28-31, Sch. 19 para. 5(3)); S.I. 2010/977, art. 1(2)

Entry rep. by 1998 c. 47

[F7 The Commission for Victims and Survivors for Northern Ireland]

F7 Words in Sch. 2 inserted by Victims and Survivors (Northern Ireland) Order 2006 (S.I. 2006/2953 (N.I. 17)), Sch. para. 18 (as substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(3), Sch. 1)

[F8 The company for the time being designated under Article 5 of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003.]

F8 2003 NI 1

The Council for Catholic Maintained Schools.

[F9 A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003.]

F9 2003 NI 1

A district council, a joint committee appointed by two or more district councils for a purpose in which they are jointly interested, and any committee or sub-committee of a district council or joint committee.

[F10 A district policing partnership]

F10 2000 c. 32

An education and library board.

Enterprise Ulster.

[F11 The Equality Commission for Northern Ireland.]

F11 1998 c. 47

Entries rep. by 1998 c. 47

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 Entry relating to the Fire Authority for Northern Ireland repealed (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(2), Sch. 4; S.R. 2006/257, art. 2(b)(e)

The Fisheries Conservancy Board for Northern Ireland.

The General Consumer Council for Northern Ireland.

A harbour authority within the meaning of the Harbours Act (Northern Ireland) 1970.

The Health and Safety Agency for Northern Ireland.

[F13 The Health and Safety Executive for Northern Ireland.]

F13 1998 NI 18

A health and social services board.

A health and social services council.

A health and social services trust.

Valid from 29/03/2011

[F14 The Independent Financial Review Panel]

F14 Sch. 2: entry inserted (29.3.2011) by Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011 (c. 17), ss. 36, 38(1)(c), Sch. 5 para. 2

An industrial training board.

[F15 Invest Northern Ireland]

F15 2002 c. 1 (NI)

The Labour Relations Agency.

The Laganside Corporation.

The Livestock and Meat Commission for Northern Ireland.

Entry rep. by 2002 c. 1 (NI)

The Local Government Staff Commission for Northern Ireland.

The Mental Health Commission for Northern Ireland.

The National Board for Nursing, Midwifery and Health Visiting for Northern Ireland.

A new town commission established under the New Towns Acts (Northern Ireland) 1965 to 1968 and any committee or sub-committee thereof.

The Northern Ireland Central Services Agency for the Health and Social Services.

The Northern Ireland Community Relations Council.

The Northern Ireland Council for the Curriculum, Examinations and Assessment.

The Northern Ireland Council for Postgraduate Medical and Dental Education.

[F16 The Northern Ireland Fire and Rescue Service Board]

F16 Words in Sch. 2 inserted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(3), Sch. 1 para. 18 (with arts. 49, 62); S.R. 2006/257, art. 2(a)(c)

The Northern Ireland Fishery Harbour Authority.

[F17 The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.]

F17 2003 NI 9

The Northern Ireland Housing Executive.

Valid from 12/04/2010

[F18 The Northern Ireland Law Commission.]

F18 Sch. 2: entry relating to the Northern Ireland Law Commission inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 16, Sch. 19 para. 5(2) (with arts. 28-31, Sch. 19 para. 5(3)); S.I. 2010/977, art. 1(2)

Valid from 12/04/2010

[F19 The Northern Ireland Legal Services Commission.]

F19 Sch. 2: entry relating to the Northern Ireland Legal Services Commission inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 16, Sch. 19 para. 5(2) (with arts. 28-31, Sch. 19 para. 5(3)); S.I. 2010/977, art. 1(2)

[F20 The Northern Ireland Library Authority]

F20 Words in Sch. 2 inserted (1.10.2008) by Libraries Act (Northern Ireland) 2008 (c. 8), ss. 10(1), 12(2), Sch. 3 para. 4; S.R. 2008/396, art. 2(h)

The Northern Ireland Local Government Officers' Superannuation Committee.

The Northern Ireland Museums Council.

Valid from 12/04/2010

[F21 The Northern Ireland Police Fund.]

F21 Sch. 2: entry relating to the Northern Ireland Police Fund inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 16, Sch. 19 para. 5(2) (with arts. 28-31, Sch. 19 para. 5(3)); S.I. 2010/977, art. 1(2)

Valid from 12/04/2010

[F22 The Northern Ireland Policing Board.]

F22 Sch. 2: entry relating to the Northern Ireland Policing Board inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 16, Sch. 19 para. 5(2) (with arts. 28-31, Sch. 19 para. 5(3)); S.I. 2010/977, art. 1(2)

[F23 The Northern Ireland Practice and Education Council for Nursing and Midwifery.]

F23 2002 c. 9 (NI)

[F24 The Northern Ireland Social Care Council.]

F24 2001 c. 3 (NI)

The Northern Ireland Tourist Board.

Office of the Certification Officer for Northern Ireland.

[F25 The Office of the Commissioner for Children and Young People for Northern Ireland.]

F25 2003 NI 11

Valid from 09/02/2011

[F26 The Office of the Commissioner for Older People for Northern Ireland]

F26 Sch. 2: entry inserted (9.2.2011) by Commissioner for Older People Act (Northern Ireland) 2011 (c. 1), ss. 1(4), 28(1)(a), Sch. 1 para. 14

F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 Entry relating to the Office of the Commissioner for Victims and Survivors for Northern Ireland repealed (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(5), Sch. 2

Entries rep. by 1999 NI 9

Valid from 01/04/2009

[F28 The Patient and Client Council.]

F28 Words in Sch. 2 inserted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 15(3); S.R. 2009/114, art. 2

Valid from 12/04/2010

[F29 The Probation Board for Northern Ireland.]

F29 Sch. 2: entry relating to the Probation Board for Northern Ireland inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 16, Sch. 19 para. 5(2) (with arts. 28-31, Sch. 19 para. 5(3)); S.I. 2010/977, art. 1(2)

Valid from 01/04/2009

[F30 The Regional Agency for Public Health and Social Well-being.]

F30 Words in Sch. 2 inserted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 15(3); S.R. 2009/114, art. 2

Valid from 01/04/2009

[F31 The Regional Business Services Organisation.]

F31 Words in Sch. 2 inserted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 15(3); S.R. 2009/114, art. 2

Valid from 01/04/2009

[F32 The Regional Health and Social Care Board.]

F32 Words in Sch. 2 inserted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 15(3); S.R. 2009/114, art. 2

  

[F33 A registered housing association within the meaning of Article 3(2) of the Housing (Northern Ireland) Order 1992.]

F33 2003 NI 2

[F34 Regulator of Community Interest Companies]

F34 Words in Sch. 2 inserted (6.4.2007) by Companies Act 2006 (Commencement No. 2, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/1093), art. 6(2), Sch. 4 para. 57 (with art. 11(1))

Valid from 12/04/2010

[F35 The Royal Ulster Constabulary George Cross Foundation.]

F35 Sch. 2: entry relating to the Royal Ulster Constabulary George Cross Foundation inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 16, Sch. 19 para. 5(2) (with arts. 28-31, Sch. 19 para. 5(3)); S.I. 2010/977, art. 1(2)

The Rural Development Council for Northern Ireland.

A special health and social services agency.

The Sports Council for Northern Ireland.

The Staff Commission for Education and Library Boards.

[F36 A sub-group established under section 21 of the Police (Northern Ireland) Act 2000.]

F36 Words in Sch. 2 inserted (4.9.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 19, Sch. 1 para. 14; S.R. 2007/371, art. 2(c)

Entries rep. by 1998 NI 2

Ulster Sheltered Employment Limited.

The Youth Council for Northern Ireland.

Article 9(1).

SCHEDULE 3 N.I. MATTERS NOT SUBJECT TO INVESTIGATION

1.  The commencement or conduct of any civil or criminal proceedings before a court of law in the United Kingdom, or of proceedings before any international court or tribunal. N.I.

2.  Action which is or may be investigated by the Attorney General with a view to the institution of proceedings under section 31 or 46(9) of the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972. N.I.

Provided that, if, after the Attorney General has decided not to proceed with such an investigation into such action or not to institute such proceedings in respect of it, or after the final determination of any such proceedings in respect of such action, a person aggrieved complains that such action resulted in his sustaining injustice in consequence of maladministration and that such injustice has not been remedied, the Commissioner may, if satisfied that there are reasonable grounds for that complaint investigate such action, notwithstanding any limitation of time imposed by Article 10(6).

Para. 3 rep. by 1997 NI 14

4.  Action taken in respect of any matter which is within the scope of the powers of the Assembly Ombudsman for Northern Ireland. N.I.

N.I.

Schedule 4 rep. by 1998 c. 47

N.I.

Schedule 5—Repeals