The Agriculture (Northern Ireland) Order 2004

SCHEDULES

Valid from 01/04/2006

Article 3

SCHEDULE 1 N.I. THE INSTITUTE

Status N.I.

1.—(1) The Institute shall not be regarded— N.I.

(a) as the servant or agent of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Institute shall not be regarded as property of, or held on behalf of, the Crown.

(3) Subject to the following provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 (c.33) applies to the Institute.

Membership, chairman, etc. N.I.

2.—(1) The Institute shall consist of— N.I.

(a) a chairman;

(b) a deputy chairman; and

(c) not fewer than 8 or more than 18 other members,

appointed by the Department.

(2) In making appointments under sub-paragraph (1), the Department shall—

(a) secure that each member has experience in a field of activity relevant to the discharge of the functions of the Institute; and

(b) as far as practicable secure that the members of the Institute (taken together) are reflective of the community in Northern Ireland.

Tenure of office N.I.

3.—(1) Subject to the provisions of this Schedule, a member shall hold and vacate office in accordance with the terms of his appointment. N.I.

(2) A person shall not be appointed as a member for more than five years at a time.

(3) A person may at any time resign his office as a member by notice in writing to the Department.

(4) A person appointed as chairman or deputy chairman of the Institute—

(a) shall hold and vacate that office in accordance with the terms of his appointment;

(b) may resign that office by notice in writing to the Department; and

(c) shall cease to hold that office if he ceases to be a member.

(5) The Department may by notice in writing remove a person from office as a member or as chairman or deputy chairman of the Institute.

(6) A person who ceases (otherwise than by virtue of sub-paragraph (5)) to be a member or to be the chairman or deputy chairman of the Institute shall be eligible for re-appointment.

Remuneration, etc. of members N.I.

4.—(1) The Institute shall pay to its members such remuneration and allowances as the Department may determine. N.I.

(2) If—

(a) a person ceases to be a member or ceases to be the chairman or deputy chairman of the Institute; and

(b) it appears to the Department that there are special circumstances which make it right that he should receive compensation,

the Department may direct the Institute to make a payment of such amount as the Department may determine.

(3) A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel.

Staff, etc. N.I.

5.—(1) The Institute shall have— N.I.

(a) a chief executive, with responsibility to the Institute for the carrying out of its functions and the management of its employees; and

(b) such other employees as the Institute may appoint, subject to the approval of the Department as to numbers.

(2) The first chief executive of the Institute shall be appointed by the Department.

(3) Every subsequent chief executive shall be appointed by the Institute.

6.—(1) The Institute may make arrangements with a Northern Ireland department for persons employed in the Northern Ireland civil service to be seconded to the Institute. N.I.

(2) Arrangements made with a department other than the Department of Finance and Personnel require the approval of that Department.

7.—(1) The Institute shall pay to its employees such remuneration and allowances as it may, with the approval of the Department and the Department of Finance and Personnel, determine. N.I.

(2) The Institute shall—

(a) pay, or make payments in respect of, such pensions or gratuities to or in respect of its employees or former employees as it may, with the approval of the Department and the Department of Finance and Personnel, determine; and

(b) provide and maintain such schemes (whether contributory or not) as it may determine, with the approval of the Department and the Department of Finance and Personnel, for the payment of pensions or gratuities to or in respect of its employees or former employees.

(3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments.

Arrangements for assistance N.I.

8.—(1) The Institute may make arrangements with such persons (including the Department or any other government department) as it considers appropriate for assistance to be provided to it. N.I.

(2) Arrangements under this paragraph with a person other than the Department—

(a) require the approval of the Department;

(b) may provide for the payment of fees by the Institute.

Committees N.I.

9.—(1) The Institute may establish committees. N.I.

(2) A person who is not a member of the Institute shall not, except with the approval of the Department, be appointed to a committee of the Institute.

(3) The Institute may pay to members of its committees who are neither members nor employees of the Institute such remuneration and allowances as the Institute may, with the approval of the Department, determine.

Delegation to committees and staff N.I.

10.—(1) The Institute may, to such extent as it may determine, delegate any of its functions to— N.I.

(a) any committee of the Institute;

(b) any employee of the Institute; or

(c) any person seconded to the Institute in accordance with arrangements made under paragraph 6.

(2) Any committee of the Institute may, to such extent as the committee may determine, delegate any functions of the committee to—

(a) any employee of the Institute; or

(b) any person seconded to the Institute in accordance with arrangements made under paragraph 6.

Proceedings N.I.

11.—(1) Subject to paragraph 12, the Institute may regulate— N.I.

(a) its own procedure (including quorum); and

(b) the procedure (including quorum) of its committees.

(2) The Institute shall make provision for a quorum for meetings of its committees to include at least one member or employee of the Institute.

12.—(1) A member who is in any way, directly or indirectly, interested in any matter which falls to be considered by the Institute shall disclose the nature of his interest at a meeting of the Institute and the disclosure shall be recorded in the minutes of the meeting. N.I.

(2) Where such a disclosure is made by any member in relation to any matter, he shall not take part in any deliberation or decision of the Institute with respect to the matter, if the Institute decides that the interest in question might prejudicially affect the member's consideration of the matter.

(3) For the purposes of this paragraph a notice given by a member at a meeting of the Institute to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any matter concerning the body or firm which falls to be considered by the Institute after the date of the notice shall be a sufficient disclosure of his interest.

(4) A member need not attend in person at a meeting of the Institute in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration at such a meeting.

(5) Sub-paragraphs (1) to (4) apply in relation to committees of the Institute as they apply in relation to the Institute.

13.  The validity of any proceedings of the Institute, or of any of its committees, shall not be affected by— N.I.

(a) any vacancy among the members of the Institute or of the committee;

(b) any vacancy in the office of the chairman or deputy chairman of the Institute;

(c) any defect in the appointment of any one or more members of the Institute or in the appointment of the chairman or deputy chairman of the Institute; or

(d) any failure to comply with paragraph 12.

Application of seal and documents N.I.

14.  The application of the seal of the Institute shall be authenticated by the signature— N.I.

(a) of any member; or

(b) of any other person who has been authorised by the Institute (whether generally or specially) for that purpose.

15.  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 Institute by any person generally or specially authorised by the Institute for that purpose. N.I.

Finance N.I.

16.—(1) The Department may make payments to the Institute out of money appropriated for the purpose. N.I.

(2) Payments under this paragraph shall be made on such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine.

(3) Subject to sub-paragraph (4), the Institute shall pay to the Department all sums received by it in the course of, or in connection with, the carrying out of its functions.

(4) Sub-paragraph (3) shall not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance and Personnel, direct.

(5) Any sums received by the Department under sub-paragraph (3) shall be paid into the Consolidated Fund.

17.—(1) The Institute shall— N.I.

(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 Institute 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.

(4) The Comptroller and Auditor General shall—

(a) examine, certify and report on every statement of accounts sent to him by the Institute 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.

Annual report N.I.

18.—(1) As soon as practicable after the end of each financial year, the Institute shall send to the Department a report on the carrying out of its functions during that year. N.I.

(2) The Department shall lay a copy of the report before the Assembly.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25) N.I.

19.  In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted, at the appropriate place— N.I.

“The Agri-food and Biosciences Institute” .

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7) N.I.

20.  In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) there shall be inserted, at the appropriate place— N.I.

“The Agri-food and Biosciences Institute” .

The Freedom of Information Act 2000 (c. 36) N.I.

21.  In Part VII of Schedule 1 to the Freedom of Information Act 2000 (bodies, etc. which are public authorities for the purposes of the Act) there shall be inserted, at the appropriate place— N.I.

“The Agri-food and Biosciences Institute” .

Interpretation N.I.

22.  In this Schedule— N.I.

• “financial year” means

  (a)

  the period beginning with the appointed day and ending on the next following 31st March; and

  (b)

  any subsequent period of twelve months ending on 31st March; and

• “member” means a member of the Institute.

Article 8

SCHEDULE 2 N.I. TRANSFER TO THE INSTITUTE OF CERTAIN PROPERTY, RIGHTS, LIABILITIES AND STAFF OF DEPARTMENT

Transfer of certain property, rights and liabilities of the Department N.I.

1.—(1) The Department may by order provide for the transfer to the Institute on the appointed day of any property, rights and liabilities to which the Department is entitled or subject immediately before the appointed day. N.I.

(2) Sub-paragraph (1)—

(a) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by virtue of that sub-paragraph; but

(b) does not apply to rights and liabilities under a contract of employment (which are dealt with by paragraph 2).

(3) The following sub-paragraphs apply in relation to property, rights and liabilities transferred by an order under sub-paragraph (1) and in those sub-paragraphs “the transfer” means the transfer effected by the order under sub-paragraph (1).

(4) In the construction and for the purposes of any statutory provision or other document passed or made before the appointed day, any reference to, or which is to be construed as a reference to, the Department shall, so far as may be necessary for the purposes of the transfer, be construed as a reference to the Institute.

(5) The transfer does not affect the validity of anything done by, or in relation to, the Department before the appointed day.

(6) Anything which before the appointed day was done by or in relation to the Department shall, if in effect immediately before that date, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Institute.

(7) Anything (including any legal proceedings) in the process of being done by or in relation to the Department immediately before the appointed day may be continued by or in relation to the Institute.

Transfer of certain staff of the Department N.I.

2.—(1) This paragraph applies to a person who— N.I.

(a) immediately before the appointed day is employed in the Northern Ireland civil service wholly or mainly for the purposes of functions of the Department corresponding to those exercisable after that day by the Institute; and

(b) is designated by order made by the Department for the purposes of this paragraph.

(2) The contract of employment of a person to whom this paragraph applies shall have effect from the appointed day as if originally entered into between that person and the Institute.

(3) Without prejudice to sub-paragraph (2)—

(a) all the rights, powers, duties and liabilities of the Department under or in connection with the contract of employment are by virtue of this paragraph transferred to the Institute on the appointed day; and

(b) anything done before that day by or in relation to the Department in respect of that contract or the employee is to be treated from that day as having been done by or in relation to the Institute.

(4) If a person informs the Department that he objects to the transfer of his contract of employment under this paragraph—

(a) sub-paragraphs (2) and (3) do not apply in relation to him; and

(b) his employment with the Department is terminated immediately before the appointed day.

(5) A person is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by the Department by reason of—

(a) his transfer under this paragraph; or

(b) the termination of his contract of employment under sub-paragraph (4).

(6) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that in all the circumstances the change is a significant change and is to his detriment.

(7) An order under this paragraph may designate a person either individually or as a member of a class or description of employees.

(8) Before making any order under this paragraph the Department shall consult—

(a) in the case of an order designating a person individually, that person; and

(b) in the case of an order designating a class or description of employees, such persons as appear to the Department to be representative of the class or description of employees concerned.

(9) For the purposes of this paragraph where a person is employed as mentioned in sub-paragraph (1) on terms which do not constitute a contract of employment—

(a) he shall be regarded as employed by the Department by virtue of a contract of employment;

(b) the terms of his employment shall be regarded as constituting the terms of that contract; and

(c) the reference in sub-paragraph (5) to dismissal is to termination of his employment.

Article 10

SCHEDULE 3 N.I. TRANSFER OF PROPERTY, RIGHTS, LIABILITIES AND STAFF OF ARINI, ETC.

Introductory N.I.

1.  In this Schedule “ARINI” means the Agricultural Research Institute of Northern Ireland. N.I.

Extinguishment of certain rights of ARINI N.I.

2.  References in this Schedule to the rights of ARINI do not include references to any rights in relation to the occupation of land conferred by the agreements set out in the Schedules to the Agricultural Research Station Act (Northern Ireland) 1927 (c.1) and the Agricultural Research Station Act (Northern Ireland) 1931 (c.20); and those rights are extinguished on the appointed day. N.I.

Transfer of certain property of ARINI to Department N.I.

3.—(1) At any time before the appointed day, the Department may by order transfer any property to which ARINI is entitled, and any rights and liabilities to which ARINI is entitled or subject in connection with that property, to the Department. N.I.

(2) Sub-paragraph (1)—

(a) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that sub-paragraph; but

(b) does not apply to rights and liabilities under a contract of employment.

(3) The following sub-paragraphs apply in relation to property, rights and liabilities transferred by an order under sub-paragraph (1) and in those sub-paragraphs—

• “the transfer” means the transfer effected by the order under sub-paragraph (1); and

• “the transfer date” means the date on which the transfer takes effect.

(4) In the construction and for the purposes of any statutory provision or other document passed or made before the transfer date, any reference to, or which is to be construed as a reference to, ARINI shall, so far as may be necessary for the purposes of the transfer, be construed as a reference to the Department.

(5) The transfer does not affect the validity of anything done by, or in relation to, ARINI before the transfer date.

(6) Anything which before the transfer date was done by or in relation to ARINI shall, if in effect immediately before that date, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Department.

(7) Anything (including any legal proceedings) in the process of being done by or in relation to ARINI immediately before the transfer date may be continued by or in relation to the Department.

Valid from 01/04/2006

Transfer of property, rights and liabilities of ARINI to the Institute on appointed day N.I.

4.—(1) All property, rights and liabilities to which ARINI is entitled or subject immediately before the appointed day shall on that day be transferred to, and by virtue of this sub-paragraph vest in, the Institute. N.I.

(2) Sub-paragraph (1)—

(a) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that sub-paragraph; but

(b) does not apply to rights and liabilities under a contract of employment (which are dealt with by paragraph 5).

(3) The following sub-paragraphs apply in relation to property, rights and liabilities transferred to the Institute under sub-paragraph (1).

(4) In the construction and for the purposes of any statutory provision or other document passed or made before the appointed day, any reference to, or which is to be construed as a reference to, ARINI shall, so far as may be necessary for the purposes of this paragraph, be construed as a reference to the Institute.

(5) Nothing in this paragraph affects the validity of anything done by, or in relation to, ARINI before the appointed day.

(6) Anything which before the appointed day was done by or in relation to ARINI shall, if in effect immediately before that day, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Institute.

(7) Anything (including any legal proceedings) in the process of being done by or in relation to ARINI immediately before the appointed day may be continued by or in relation to the Institute.

Valid from 01/04/2006

Transfer of staff of ARINI N.I.

5.—(1) Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the appointed day is employed by ARINI. N.I.

(2) This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the appointed day.

(3) Where a person—

(a) has, prior to the appointed day, entered into a contract of employment with ARINI which is to come into effect on or after that day; and

(b) would, if the contract had come into operation before that day, have been a person to whom this paragraph applies,

he shall be treated as if he were a person to whom this paragraph applies.

(4) A contract of employment between a person to whom this paragraph applies and ARINI shall have effect from the appointed day as if originally entered into between that person and the Institute.

(5) Without prejudice to sub-paragraph (4)—

(a) all the rights, powers, duties and liabilities of ARINI under or in connection with the contract of employment are by virtue of this paragraph transferred to the Institute on the appointed day; and

(b) anything done before that day by or in relation to ARINI in respect of that contract or the employee is to be treated from that day as having been done by or in relation to the Institute.

(6) If a person informs ARINI that he objects to the transfer of his contract of employment under this paragraph—

(a) sub-paragraphs (4) and (5) do not apply in relation to him; and

(b) his contract of employment with ARINI is terminated immediately before the appointed day.

(7) A person is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by ARINI by reason of—

(a) his transfer under this paragraph; or

(b) the termination of his contract of employment under sub-paragraph (6).

(8) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that in all the circumstances the change is a significant change and is to his detriment.

Valid from 01/04/2006

Accounts and reports for ARINI: transitional arrangements N.I.

6.—(1) The Institute shall make arrangements for— N.I.

(a) a statement of accounts to be prepared in relation to ARINI; and

(b) a report to be prepared on the activities of ARINI,

for the period from the end of the last complete financial year of ARINI to the day before the appointed day.

(2) The statement of accounts and report shall—

(a) be in such form; and

(b) contain such information,

as the Department may direct.

(3) The Institute shall, within such period after the appointed day as the Department may direct—

(a) have the statement of accounts audited by an auditor approved by the Department of Finance and Personnel; and

(b) publish that statement, together with the report of the auditor thereon and the report prepared under sub-paragraph (1)(b).

N.I.

Schedule 4—Repeals