Northern Ireland (Sentences) Act 1998

Section 1.

SCHEDULE 1 Commissioners

Chairman

1 The Secretary of State shall appoint a chairman, or joint chairmen, from among the Commissioners.

Tenure

2 A Commissioner—

(a) shall hold office in accordance with the terms of his appointment, and

(b) may resign by notice in writing to the Secretary of State.

3 The Secretary of State may dismiss a Commissioner if satisfied—

(a) that he has without reasonable excuse failed to carry out his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) that he has been convicted of a criminal offence,

(c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) that he is unable or unfit to carry out his functions.

Remuneration and allowances

4 (1) The Secretary of State shall pay such remuneration, fees and allowances as he thinks fit to or in respect of a Commissioner.

(2) If a person ceases to be a Commissioner otherwise than on the expiry of his term of office, the Secretary of State may pay him compensation if in the Secretary of State’s opinion special circumstances make it appropriate.

Staff, premises, etc.

5 The Secretary of State shall provide for the Commissioners the services of such staff, and the use of such premises and other facilities, as he thinks appropriate.

Annual report

6 (1) The chairman (or joint chairmen) shall, as soon as reasonably practicable after the end of each financial year, make a report to the Secretary of State on the performance of the Commissioners' functions during the year.

(2) The Secretary of State shall lay a copy of the report before each House of Parliament.

(3) In sub-paragraph (1) “financial year” means—

(a) the period starting with the date on which the first Commissioner is appointed and ending on 31st March following that date, and

(b) each successive period of twelve months.

Disqualification of Commissioners

7 In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

“Sentence Review Commissioner”.

8 In Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

“Sentence Review Commissioner”.

9 In section 4 of the [1998 c. 12.] Northern Ireland (Elections) Act 1998 (disqualification) after subsection (4) insert—

“(4A) A Sentence Review Commissioner is disqualified for membership of the Assembly.”.

Disapplication of Acts

10 The following provisions shall not apply in relation to the appointment of Commissioners—

(a) section 19 of the [1973 c. 36.] Northern Ireland Constitution Act 1973 (discrimination by public authorities);

(b) section 17 of the [1976 c. 25.] Fair Employment (Northern Ireland) Act 1976 (discrimination by employers).