SCHEDULES

SCHEDULE 1 The Fair Employment Agency for Northern Ireland

Section 1(2), Sch. 5 para. 12(1)(a).

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

Without prejudice to any provision of F6Schedule 1 to the Fair Employment (Northern Ireland) Act 1989, the F7Commission may regulate its own procedure and business including the formalities for affixing its common seal to any document and, subject to sub-paragraph (2), its quorum.

2

The quorum for meetings of the F7Commission shall, in the first instance, be determined by a meeting of the F7Commission attended by not less than five members.

7

The validity of any proceedings of the F8Commission shall not be affected by any vacancy in the office of chairman or other member of the F8Commission or by any defect in the appointment of the chairman or any other member.

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

The F11Commission may authorise the discharge, under the general direction of the F11Commission, of its functions F12in relation to any matter or class of matters falling to be dealt with by it by either a member or a group of members of the F11Commission selected by the chairman.

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,

in the investigation of any . . . F14 matter, persons appearing to the F13Commission to have special knowledge and experience of the matters to which the investigation relates and of any other circumstances appearing to the F13Commission to be relevant.

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

The accounts of the F16Commission shall be audited by auditors appointed by the F16Commission with the approval of the Department and shall be vouched to the satisfaction of the auditors.

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

The F19Commission shall prepare in respect of F20each financial year a report on the F19Commission’s activities during that . . . F21 year (“the annual report”).

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.