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83.(1) This Article applies to any appointment by a Minister of the Crown or
government department to an office or post where Article 8 does not apply in
relation to the appointment.
(2) In making the appointment, and in making the arrangements for determining
who should be offered the office or post, the Minister of the Crown or
government department shall not do an act which would be unlawful under
Article 8 if the Crown were the employer for the purposes of this Order.
Schedule 1 Part IAmendments; Part II sets out 1970 c.32 (NI) as amended by
this Order
1. Any application for a transitional exemption order made by the responsible
body in relation to an establishment falling within paragraph 1 or 5 of the
table in Article 24 shall be made to the Department of Education and in
relation to an establishment falling within paragraph 2 of that table shall be
made to the Commission.
2. An application under paragraph 1 shall specify the transitional period
proposed by the responsible body to be provided for in the order, the stages
by which within that period the body proposes to move to the position where
Article 24(b) is complied with, and any other matters relevant to the terms
and operation of the order applied for.
3. The Department of Education on any application under paragraph 1 may make a
transitional exemption order on such terms and conditions as it may think fit.
4. The Commission on any application under paragraph 1 may if it thinks fit
make a transitional exemption order, but shall not make such an order unless
it is satisfied that the terms of the application are reasonable having regard
to the nature of the premises at which the establishment is carried on, the
accommodation, equipment and facilities available, and the financial resources
of the responsible body.
1. On the appointment of the first members of the Commission, the Commission
shall come into existence as a body corporate.
2.(1) The Commission 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 Commission 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 Commission and members of its staff as such are not
civil servants; and
(c)the Commission's property is not property of, or held on behalf of, the
Crown.
3.(1) A person shall hold and vacate his office as chairman, deputy chairman
or other member of the Commission in accordance with the 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) With the consent of the Commissioner concerned, the head of the Department
may alter the terms of an appointment so as to make a full-time Commissioner
into a part-time Commissioner or vice versa, or for any other purpose.
(3) A person may at any time resign office as chairman, deputy chairman or
other member of the Commission by notice to the Department.
(4) Past service as chairman, deputy chairman or other member of the
Commission is no bar to re-appointment.
4. 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, deputy chairmen and other members
of the Commission, or any of them, as, with the approval of the Department of
Finance, it may determine.
5.(1) Paragraphs 2(2) and 3(1) and (3) shall apply to additional Commissioners
appointed under Article 57(2) as they apply to Commissioners.
(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 Department,
with the consent of the Department of Finance, may determine.
(3) With the approval of the Department and the consent of the additional
Commissioner concerned, the Commission may alter the terms of appointment of
an additional Commissioner so as to make a full-time additional Commissioner
into a part-time additional Commissioner or vice versa, or for any other
purpose.
(4) An additional Commissioner may resign by notice to the Commission.
(5) The appointment of an additional Commissioner shall terminate at the
conclusion of the investigation for which he was appointed, if not sooner.
6.(1) The Commission 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 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 persons employed by it as may be
determined by the Commission 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.
7.(1) The Commission 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 Commission shall, in the first instance, be
determined by a meeting of the Commission attended by not less than five
members.
8. The validity of any proceedings of the Commission shall not be affected by
any vacancy in the office of chairman, deputy chairman or other member of the
Commission or any defect in the appointment of the chairman, deputy chairman
or any other member.
9. A document purporting to be duly executed under the common seal of the
Commission shall be received in evidence and shall, unless the contrary is
proved, be deemed to be so executed.
10. 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 Commission by any person generally or specially authorised by
the Commission 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.
11.(1) Without prejudice to Article 57(3), the Commission may authorise the
discharge, under the general direction of the Commission, of any of its
functions by either a member or a group of members of the Commission 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 Commission.
(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.
12. All expenditure incurred by or on behalf of the Commission
(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;
13.(1) The Commission 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 the period ending on 31st March 1977 and in
respect of each subsequent 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 Commission shall be audited by auditors appointed by
the Commission with the approval of the Department and shall be vouched to the
satisfaction of the auditors.
(3) The Commission 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
Commission;
(b)may, in connection with such examination, examine any accounts kept by the
Commission 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 Commission 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) During the interim period 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.
14.(1) The Commission shall prepare in respect of the period ending on 31st
March 1977 and in respect of each subsequent financial year a report on the
Commission's activities during that period or 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 Commission'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) During the interim period 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.
1. The provisions of the Acts mentioned in the following table which are
specified in the third column of the table:
to 32 and 80.
Regulation Act 1906.
1919.
Young Persons and Children
Act 1920.
Ireland) 1924.
Ireland) 1927.Conventions) Act 1936.
(Fumigation) Act (Northern
Ireland) 1938.
Act 1948.
Substances) Act (Northern
Ireland) 1954.
Health and Welfare
Provisions) Act (Northern
Ireland) 1959.
Ireland) 1965.Act (Northern Ireland) 1966.
Ireland) 1969.Ireland) 1970.
2. The provisions of any regulations, orders or other instruments of a
legislative character made or having effect under any provision specified in
that table.
[3. The provisions of Part II of the Health and Safety at Work (Northern
Ireland) Order 1978 and of any health and safety regulations made under that
Part.]
Paras.1, 2 spent
3.(1) Until a date specified by order made by the Department of Health and
Social Services the courses of training to be undergone by men as a condition
of [the issue of certificates to them as midwives under the Nurses and
Midwives Act (Northern Ireland) 1970 (as amended by Article 22)] [registration
as midwives under the Nurses, Midwives and Health Visitors Act 1979] must be
courses approved in writing by the Department of Health and Social Services
for the purposes of this paragraph.
[(2) Until the date specified under sub-paragraph (1), section 30(1) of the
Nurses and Midwives Act (Northern Ireland) 1970 (regulation of persons other
than certified midwives attending women in childbirth) shall have effect as if
for the words "any person who, not being a midwife," there were substituted
the words
(a)a woman who is a certified midwife, or
(b)in a place approved in writing by or on behalf of the Department a man who
is a certified midwife",
The amendment made by this sub-paragraph shall be read without regard to the
section 54A inserted in the said Act of 1970 by Article 22(4).
(3) On and after the said date the words to be substituted for those, in the
said section 30(1), first mentioned in sub-paragraph (2) are
"if a person who is not a certified midwife".]
Paras.4, 5 spent
6.(1) Section 6 of the Equal Pay Act (Northern Ireland) 1970 (as amended by
paragraph 3 of Schedule 1) shall apply as if the references to death or
retirement in subsection (1A)(b) of that section included references to sums
payable on marriage in pursuance of a contract of employment made before the
making of this Order, or the commutation, at any time, of the right to such
sums.
(2) In relation to service within section 1(9) of the said Act of 1970
(service of the Crown) for the reference in this paragraph to a contract of
employment made before the making of this Order there shall be substituted a
reference to terms of service entered into before the making of this Order.
Schedule 6Amendments. Schedule 7Repeals
1970 c.32
© 1976 Crown Copyright
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