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SCHEDULE 9
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THE EQUALITY COMMISSION FOR NORTHERN IRELAND |
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Introductory |
| | 1. In this Schedule "the Commission" means the Equality Commission for Northern Ireland.
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Members' tenure |
| | 2. - (1) Subject to the provisions of this Schedule, a member of the Commission shall hold office in accordance with the terms of his appointment.
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(2) A member shall not be appointed-
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(a) in the case of the chairman, 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 member, as the chairman or as a deputy chairman 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 of member, chairman or deputy chairman 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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Members' salary etc. |
| | 3. The Department of Economic Development shall pay to or in respect of members of the Commission-
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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 Department of Finance and Personnel.
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Staff |
| | 4. The Commission may employ staff subject to the approval of the Department of Economic Development and the Department of Finance and Personnel 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 Department of Economic Development on the performance of their functions during the year.
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(2) The Department shall send a copy of the report to the Assembly.
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Money |
| | 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.
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(2) An authorisation for the purposes of this paragraph may be general or specific.
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| | 7. - (1) The Commission shall keep accounts and financial records in a form approved by the Department of Economic Development.
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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 is directed by the Department of Economic Development with the consent of the Department of Finance and Personnel; and |
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(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. |
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(3) The Commission's accounts shall be audited by auditors appointed by the Commission with the approval of the Department of Economic Development.
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(4) The Comptroller and Auditor-General for Northern Ireland shall-
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(a) examine, certify and report on the statement of accounts; and |
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(b) send a copy of the statement of accounts and of his report to the Department of Economic Development. |
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(5) The Department shall send a copy of the statement of accounts and the Comptroller and Auditor-General's report to the Assembly.
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(6) 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 59 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-members); |
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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 chairman or deputy chairman; or |
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(b) a defect in the appointment of a member. |
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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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| | " Member of the Equality Commission for Northern Ireland". |
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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 place insert-
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| | " Member of the Equality Commission for Northern Ireland". |
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The Northern Ireland Commissioner for Complaints |
| | 11. In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) at the appropriate place insert-
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| | " The Equality Commission for Northern Ireland". |
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Status |
| | 12. 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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