Search Legislation

Northern Ireland Act 1998

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Northern Ireland Act 1998, SCHEDULE 8. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 73(5).

SCHEDULE 8U.K. The Equality Commission for Northern Ireland

Modifications etc. (not altering text)

C1Sch. 8: transfer of certain functions (1.12.1999) by S.R. 1999/481, arts. 1, 4, Sch. 2 Pt. I

IntroductoryU.K.

1U.K.In this Schedule “the Commission” means the Equality Commission for Northern Ireland.

Commencement Information

I1Sch. 8 para. 1 wholly in force at 2.8.1999; Sch. 8 para. 1 not in force at Royal Assent see s. 101(3); Sch. 8 para. 1 in force for specified purposes at 15.2.1999 by S.I. 1999/340, art. 2(2), Sch. Pt. 2; Sch. 8 para. 1 in force at 2.8.1999 by S.I. 1999/2204, art. 2

Commissioners’ tenureU.K.

2(1)Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.U.K.

(2)A Commissioner shall not be appointed—

(a)in the case of the Chief Commissioner, for more than five years at a time; and

(b)in any other case, for more than three years at a time.

(3)A person may resign as a Commissioner, as the Chief Commissioner or as a Deputy Chief Commissioner by notice in writing to the Secretary of State.

(4)The Secretary of State may dismiss a person from his office of Commissioner, Chief Commissioner or Deputy Chief Commissioner if satisfied—

(a)that he has without reasonable excuse failed to discharge 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.

Commencement Information

I2Sch. 8 para. 2 wholly in force at 2.8.1999; Sch. 8 para. 1 not in force at Royal Assent see s. 101(3); Sch. 8 para. 2 in force for specified purposes at 15.2.1999 by S.I. 1999/340, art. 2(2), Sch. Pt. 2; Sch. 8 para. 2 in force at 2.8.1999 by S.I. 1999/2204, art. 2

Commissioners’ salary etc.U.K.

3U.K.The Department of Economic Development may with the approval of the Department of Finance and Personnel pay to or in respect of Commissioners—

(a)remuneration;

(b)allowances and fees; and

(c)sums for the provision of pensions.

[F1Additional CommissionersU.K.

Textual Amendments

F1Sch. 8 para. 3A and crossheading preceding it inserted (19.4.2000) by S.I. 2000/1110, art. 18(1)

F23A(1)Paragraph 2(1) and (2) shall apply to additional Commissioners as they apply to Commissioners.U.K.

(2)The Commission 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 an additional Commissioner as the Office of the First Minister and deputy First Minister, with the consent of the Department of Finance and Personnel, may determine.

(3)The Commission may not alter the terms of appointment of an additional Commissioner except with his consent and the approval of the Office of the First Minister and deputy First Minister.

(4)An additional Commissioner may resign by notice in writing to the Commission.

(5)The Commission may, with the approval of the Office of the First Minister and deputy First Minister, terminate the appointment of an additional Commissioner if satisfied—

(a)that without reasonable excuse he has failed to discharge his functions for a continuous period of three months beginning not earlier than six months before the termination;

(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.

(6)The appointment of an additional Commissioner shall terminate at the conclusion of the investigation for which he was appointed, if not sooner.

(7)In this paragraph “additional Commissioner” means an additional Commissioner appointed under—

(a)Article 57(2) of the Sex Discrimination (Northern Ireland) Order 1976;

(b)Article 46(2) of the Race Relations (Northern Ireland) Order 1997; or

(c)Article 5(4) of the Equality (Disability, etc.) (Northern Ireland) Order 2000.]

Textual Amendments

F2Sch. 8 para. 3A and Cross Heading inserted (19.4.2000) by S.I. 2000/1110, art. 18(1)

StaffU.K.

4(1)The Commission may with the approval of the Department of Economic Development and the Department of Finance and Personnel as to numbers and as to remuneration and other terms and conditions of employment—U.K.

(a)employ such staff as the Commission considers necessary;

(b)employ the services of such other persons as the Commission considers expedient for any particular purpose.

(2)The Commission may, in the case of such of its staff as may be determined by it with the approval of the Department of Economic Development and the Department of Finance and Personnel, pay such pensions, allowances or gratuities, or provide and maintain such pension schemes, as may be so determined.

(3)Payments made or expenses incurred under this paragraph shall be defrayed out of money appropriated by Act of the Assembly.

Annual reportU.K.

5(1)The Commission shall, as soon as reasonably practicable after the end of [F3each financial year], make a report to the Department of Economic Development—U.K.

(a)on the performance of its functions during the year; and

(b)on any steps which, during the year, have been taken by it and other public authorities to promote such equality of opportunity as is mentioned in section 75(1).

(2)The report shall, in particular, give details of how resources have been divided between the functions previously exercisable by each of the bodies listed in section 74(2).

(3)The Department shall lay a copy of the report before the Assembly and send a copy of the report to the Secretary of State.

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

[F4(5)Sub-paragraph (5) of paragraph 7 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.]

Textual Amendments

F3Words in Sch. 8 para. 5(1) substituted (19.4.2000) by S.I. 2000/1110, art. 19(1)(2)

F4Sch. 8 para. 5(5) added (19.4.2000) by S.I. 2000/1110, art. 19(1)(3)

MoneyU.K.

6(1)Expenditure incurred by the Commission may be defrayed as expenses of the Department of Economic Development if authorised by that Department and the Department of Finance and Personnel.U.K.

(2)Expenditure defrayed under this paragraph shall be defrayed out of money appropriated by Act of the Assembly and an authorisation for the purposes of this paragraph may be general or specific.

7(1)The Commission shall keep accounts and financial records in a form approved by the Department of Economic Development.U.K.

(2)The Commission shall—

(a)prepare a statement of accounts in respect of each financial year containing such information, and in such form, as is directed by the Department of Economic Development with the consent of the Department of Finance and Personnel; and

(b)send a copy to the Department of Economic Development and to the Comptroller and Auditor General for Northern Ireland within such period after the end of the financial year as the Department directs.

(3)The Comptroller and Auditor General for Northern Ireland shall—

(a)examine, certify and report on the statement of accounts; and

(b)send a copy of the statement of accounts and of his report to the Department of Economic Development.

(4)The Department shall lay a copy of the statement of accounts and the Comptroller and Auditor General’s report before the Assembly.

(5)For the purposes of this paragraph—

(a)a financial year is a period of twelve months ending on 31st March; but

(b)the first financial year is the period beginning with the day on which section 73 comes into force and ending with the first 31st March which falls at least six months after that day.

Modifications etc. (not altering text)

C2Sch. 8 para 7(3)(4) applied (20.7.1999) by S.I. 1999/1804, art. 6(4)

ProcedureU.K.

8(1)In determining its own procedure the Commission may, in particular, make provision about—U.K.

(a)the discharge of its functions by committees (which may include persons who are not Commissioners);

(b)a quorum for meetings of the Commission or a committee.

(2)The validity of any proceedings of the Commission or a committee shall not be affected by—

(a)a vacancy in the office of Chief Commissioner or Deputy Chief Commissioner; or

(b)a defect in the appointment of a Commissioner.

DisqualificationU.K.

9U.K.In Part II of Schedule 1 to the M1House of Commons Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “ The Equality Commission for Northern Ireland ”.

Marginal Citations

10U.K.In Part II of Schedule 1 to the M2Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) at the appropriate place insert— “ The Equality Commission for Northern Ireland ”.

Marginal Citations

The Northern Ireland Commissioner for ComplaintsU.K.

F511U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

StatusU.K.

12U.K.The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and property of the Commission shall not be regarded as property of, or held on behalf of, the Crown.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources