Joint Committee on Statutory Instruments Third Report


Memorandum by the Northern Ireland Office


1. The Committee considered the above instrument at its meeting on 21 November and has instructed the NIO to submit a memorandum on the following point:

    Regulation 2 defines "the appointed member" as the member appointed for the informal resolution of disputes under section 53(4) of the Act.

    This implies that the appropriate authority must have appointed a single member to deal with all such disputes.

    Regulation 4(1) provides that the appropriate authority, following referral to a complaint suitable for informal resolution, shall appoint a member. This implies that the authority must appoint a member for each complaint, but may appoint different members for different complaints. Explain the apparent conflict between these two provisions, and how either is compatible with section 53(4) of the Act which provides that the appropriate authority may appoint a member to seek to resolve the complaint on behalf of the authority.

2. Regulation 2 will be amended to read:

    "the appointed member" means the member appointed for the informal resolution of a complaint under Section 53(4) of the Act of 1998".

3. Regulation 4(1) can be removed.

4. Regulation (4) shall be amended to provide that "the appropriate authority or appointed member" shall take the steps mentioned in subsections (2), (3) and (4).

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