SCHEDULES
SCHEDULE 1 The Fair Employment Agency for Northern Ireland
Incorporation and status
1
F1The Commission shall continue in existence as a body corporate.
2
1
The F2Commission is not an emanation of the Crown, and shall not act or be treated as the servant or agent of the Crown.
2
Accordingly—
a
neither the F2Commission nor any of its members or members of its staff as such is entitled to any status, immunity, privilege or exemption enjoyed by the Crown;
b
the members of the F2Commission and members of its staff as such are not civil servants; and
c
the F2Commission property is not property of, or held on behalf of, the Crown.
Tenure of office of members
3
1
A person shall hold and vacate his office as chairman or other member of the F3Commission in accordance with terms of his appointment:
Provided that no such appointment shall be for a period exceeding five years in the case of the chairman and three years in the case of another member.
2
A person may at any time resign office as chairman or other member of the F3Commission by notice to the Department.
3
Past service as chairman or other member of the F3Commission is no bar to re-appointment.
Remuneration of members
C14
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 chairman and other members of the F4Commission, or any of them, as, with the approval of the Department of Finance, it may determine.
Staff
C25
1
The F5Commission may with the approval of the Department and the Department of Finance as to numbers and as to remuneration and other terms and conditions of employment—
a
employ such officers and servants as the F5Commission considers necessary;
b
employ the services of such other persons as the F5Commission considers expedient for any particular purpose.
2
The F5Commission may, in the case of such persons employed by it as may be determined by the F5Commission with the approval of the Department and the Department of Finance, 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.
Proceedings
6
1
2
7
Instruments
8
A document purporting to be duly executed under the common seal of the F9Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
9
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 F10Commission by any person generally or specially authorised by the F10Commission 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.
Discharge of functions
10
1
2
Anything done by or in relation to a member or group of members in or in connection with the discharge of functions he or they are authorised to discharge under sub-paragraph (1) shall have the same effect as if done by or in relation to the F11Commission.
3
A group of members authorised to discharge any functions under sub-paragraph (1) may regulate their own procedure and business, including their quorum.
4
The validity of any proceedings of a member or group of members so authorised shall not be affected by any defect in his appointment or any of their appointments; and the validity of the proceedings of any such group shall not be affected by any vacancy in their number.
5
The chairman may select himself, as the member, or as one of the group of members, mentioned in this paragraph.
11
The F13Commission may appoint as assessors, to assist—
a
the F13Commission; or
b
any member or group of members authorised to discharge functions under paragraph 10,
Expenses and accounts
C312
All expenditure incurred by or on behalf of the F15Commission—
a
within the terms of any general authorisation in writing given by the Department and the Department of Finance; or
b
with the approval of those Departments;’
may be defrayed as expenses of the Department.
C413
1
The F16Commission shall keep proper accounts in such form as may be approved by the Department, and proper records in relation to the accounts, and shall prepare in respect of F17each financial year a statement of accounts in such form as the Department, with the approval of the Department of Finance may direct.
2
3
The F16Commission shall, at such time in each year as the Department may direct, transmit to the Department and the Comptroller and Auditor-General copies, certified by the auditors, of the annual statement of accounts.
4
The Comptroller and Auditor-General—
a
shall examine a copy of each annual statement of accounts of the F16Commission;
b
may, in connection with such examination, examine any accounts kept by the F16Commission and any records relating to the accounts; and
c
shall make a report on the copy of each annual statement of accounts and send the report to the Department.
5
Subject to sub-paragraph (6), a copy of every annual statement of accounts of the F16Commission and a copy of the Comptroller and Auditor-General’s report thereon shall be laid by the head of the Department before the Northern Ireland Assembly.
6
F18If no head of the Department stands appointed for the time being the copies mentioned in sub-paragraph (5) shall, instead, be sent by the Department to the Secretary of State and laid by him before Parliament.
7
In this paragraph “the Comptroller and Auditor-General” means the Comptroller and Auditor-General for Northern Ireland.
Annual report
14
1
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 F19Commission’s functions.
3
Subject to sub-paragraph (4), the annual report shall be made to the head of the Department and shall be laid by him before the Northern Ireland Assembly.
4
F22If no head of the Department stands appointed for the time being the annual report shall, instead, be made to the Secretary of State and laid by him before Parliament.
5
The Department, or where sub-paragraph (4) applies the Secretary of State, shall cause the annual report to be published.
SCHEDULES 2,3,4,5. . . . F23
C5SCHEDULE 6 Amendments
The text of s. 51(1)(3), Schedule 6 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and, except as specified, does not reflect any amendments or repeals that may have been made prior to 1.2.1991.
The Northern Ireland Constitution Act 1973 (c.36)
1
In section 19 of the Northern Ireland Constitution Act 1973 (religious or political discrimination by certain public authorities to be unlawful)—
a
at the beginning of subsection (1) there shall be inserted the words “ Subject to subsection (4) below” ; and
b
after subsection (3) there shall be inserted the following subsection—
4
This section does not apply to any act or omission which is unlawful by virtue of the Fair Employment (Northern Ireland) Act 1976 or would be unlawful but for some exception made by virtue of Part V of that Act.
2
In section 20(2) of that Act (membership of the Standing Advisory Commission on Human Rights), after paragraph (d) there shall be inserted the following paragraph—
dd
the chairman of the Fair Employment Agency for Northern Ireland; and ;
and for “ (d)” in the second place where it occurs there shall be substituted “ (dd)”.
Schedules 2–4 repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 59(2), Sch. 3; Schedule 5 repealed by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 50(2), 59(2), Sch. 3