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

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Point in time view as at 09/02/2011.

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The Commissioner for Complaints (Northern Ireland) Order 1996 (revoked) is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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F45functions transfered by SR 1999/481

SCHEDULES

Article 4(4).

SCHEDULE 1N.I.PENSIONS.AND OTHER BENEFITS

InterpretationN.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 1995N.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 1995N.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 schemeN.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 schemeN.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, electionN.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.

RegulationsN.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 KingdomN.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 2N.I.BODIES SUBJECT TO INVESTIGATION

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

F1Entry 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

[F2The Agri-food and Biosciences Institute]

[F3Appeal Officer for Community Interest Companies]

  

The Arts Council of Northern Ireland.

[F4The Board of Trustees of the National Museums and Galleries of Northern Ireland.]

[F5The Charity Commission for Northern Ireland]

[F6The Chief Inspector of Criminal Justice for Northern Ireland.]

Entry rep. by 1998 c. 47

[F7The Commission for Victims and Survivors for Northern Ireland]

[F8The company for the time being designated under Article 5 of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003.]

The Council for Catholic Maintained Schools.

[F9A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003.]

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.

[F10A district policing partnership]

An education and library board.

Enterprise Ulster.

[F11The Equality Commission for Northern Ireland.]

Entries rep. by 1998 c. 47

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

F12Entry 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)

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13Entry relating to the Fisheries Conservancy Board for Northern Ireland repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 11, Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)

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.

[F14The Health and Safety Executive for Northern Ireland.]

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15Entry relating to a health and social services board repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 33, 34(3), Sch. 6 para. 15(2)(a), Sch. 7; S.R. 2009/114, art. 2

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16Entry relating to a health and social services council repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 33, 34(3), Sch. 6 para. 15(2)(b), Sch. 7; S.R. 2009/114, art. 2

A health and [F17social care] trust.

Valid from 29/03/2011

[F18The Independent Financial Review Panel]

An industrial training board.

[F19Invest Northern Ireland]

The Labour Relations Agency.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Livestock and Meat Commission for Northern Ireland.

Entry rep. by 2002 c. 1 (NI)

The Local Government Staff Commission for Northern Ireland.

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21Entry relating to the Mental Health Commission for Northern Ireland repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 33, 34(3), Sch. 6 para. 15(2)(c), Sch. 7; S.R. 2009/114, art. 2

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.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22Entry relating to the Northern Ireland Central Services Agency for the Health and Social Services repealed (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 33, 34(3), Sch. 6 para. 15(2)(d), Sch. 7; S.R. 2009/114, art. 2

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.

[F23The Northern Ireland Fire and Rescue Service Board]

The Northern Ireland Fishery Harbour Authority.

[F24The Northern Ireland Health and Personal Social Services Regulation and Improvement Authority.]

The Northern Ireland Housing Executive.

[F25The Northern Ireland Law Commission.]

[F26The Northern Ireland Legal Services Commission.]

[F27The Northern Ireland Library Authority]

The Northern Ireland Local Government Officers' Superannuation Committee.

The Northern Ireland Museums Council.

[F28The Northern Ireland Police Fund.]

[F29The Northern Ireland Policing Board.]

[F30The Northern Ireland Practice and Education Council for Nursing and Midwifery.]

[F31The Northern Ireland Social Care Council.]

The Northern Ireland Tourist Board.

Office of the Certification Officer for Northern Ireland.

[F32The Office of the Commissioner for Children and Young People for Northern Ireland.]

[F33The Office of the Commissioner for Older People for Northern Ireland]

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34Entry 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

[F35The Patient and Client Council.]

[F36The Probation Board for Northern Ireland.]

[F37The Regional Agency for Public Health and Social Well-being.]

[F38The Regional Business Services Organisation.]

[F39The Regional Health and Social Care Board.]

  

[F40A registered housing association within the meaning of Article 3(2) of the Housing (Northern Ireland) Order 1992.]

[F41Regulator of Community Interest Companies]

[F42The Royal Ulster Constabulary George Cross Foundation.]

The Rural Development Council for Northern Ireland.

A special health and [F43social care] agency.

The Sports Council for Northern Ireland.

The Staff Commission for Education and Library Boards.

[F44A sub-group established under section 21 of the Police (Northern Ireland) Act 2000.]

Entries rep. by 1998 NI 2

Ulster Sheltered Employment Limited.

The Youth Council for Northern Ireland.

Article 9(1).

SCHEDULE 3N.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

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