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SCHEDULE 8
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THE NORTHERN IRELAND HUMAN RIGHTS COMMISSION |
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Introductory |
| | 1. In this Schedule "the Commission" means the Northern Ireland Human Rights Commission.
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Commissioners' tenure |
| | 2. - (1) Subject to the provisions of this Schedule, a Commissioner shall hold office in accordance with the terms of his appointment.
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(2) A Commissioner shall not be appointed-
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(a) in the case of the Chief Commissioner, for more than five years at a time; and |
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(b) in any other case, for more than three years at a time. |
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(3) A person may resign as a Commissioner or as Chief Commissioner by notice in writing to the Secretary of State.
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(4) The Secretary of State may dismiss a person from his office as Commissioner or Chief Commissioner if satisfied-
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(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; |
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(b) that he has been convicted of a criminal offence; |
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(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 |
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(d) that he is unable or unfit to carry out his functions. |
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Commissioners' salary etc. |
| | 3. The Commission shall pay to or in respect of Commissioners-
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(b) allowances and fees; and |
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(c) sums for the provision of pensions, |
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in accordance with directions of the Secretary of State.
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Staff |
| | 4. The Commission may employ staff subject to the approval of the Secretary of State as to-
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(a) the number of persons employed; and |
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(b) the financial and other terms of their employment. |
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Annual report |
| | 5. - (1) The Commission shall, as soon as reasonably practicable after the end of each year, make a report to the Secretary of State on the performance of their functions during the year.
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(2) The Secretary of State shall lay a copy of the report before each House of Parliament.
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Money |
| | 6. The Secretary of State may make grants to the Commission out of money provided by Parliament.
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| | 7. - (1) The Commission shall keep proper accounts and financial records.
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(2) The Commission shall-
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(a) prepare a statement of accounts in respect of each financial year containing such information, and in such form, as the Secretary of State with the consent of the Treasury directs; and |
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(b) send a copy to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year as the Secretary of State directs. |
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(3) The Comptroller and Auditor General shall-
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(a) examine, certify and report on the statement of accounts; and |
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(b) lay a copy of the statement of accounts and of his report before each House of Parliament. |
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(4) For the purposes of this paragraph-
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(a) a financial year is a period of twelve months ending on 31st March; but |
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(b) the first financial year is the period beginning with the day on which section 54 comes into force and ending with the first 31st March which falls at least six months after that day. |
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Procedure |
| | 8. - (1) In determining its own procedure the Commission may, in particular, make provision about-
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(a) the discharge of its functions by committees (which may include non-Commissioners); |
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(b) a quorum for meetings of the Commission or a committee. |
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(2) The validity of any proceedings of the Commission or a committee shall not be affected by-
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(a) a vacancy in the office of Chief Commissioner; or |
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(b) a defect in the appointment of a Commissioner. |
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Disqualification |
| | 9. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert-
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| | " Northern Ireland Human Rights Commissioner". |
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| | 10. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate places insert-
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| | " Northern Ireland Human Rights Commissioner". |
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Status |
| | 11. 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.
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