SCHEDULES

Articles 2(2) and 3.

SCHEDULE 1 F1EXISTING STATUTORY PROVISIONS

1.  The provisions of the Acts mentioned in the following table which are specified in the third column of the table.

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.

Article 12(4).

SCHEDULE 2THE HEALTH AND SAFETY F1 EXECUTIVE FOR NORTHERN IRELAND

Status

1.  The F1 Executive shall be a body corporate to which, subject to paragraph 15, section 19 of the Interpretation Act (Northern Ireland) 1954 M1 shall apply.

Para.2 rep by 1998 NI 18

Members

3.  Persons may be appointed as whole-time or part-time members of the F1 Executive.

4.  Subject to paragraphs 5 and 6 a person shall hold and vacate office as chairmanF1, deputy chairman or member of the F1 Executive in accordance with the terms of his appointment.

5.  A person may at any time resign office as chairmanF1, deputy chairman or member of the F1 Executive by notice in writing to the Department.

6.—(1) The Head of the Department may at any time remove a person from office as chairmanF1, deputy chairman or member of the F1 Executive if satisfied that—

(a)he has been absent from meetings of the F1 Executive for a period longer than six consecutive months without the permission of the F1 Executive; or

(b)he has been convicted of a criminal offence; or

(c)he has become bankrupt or made an arrangement with his creditors; or

(d)he is incapacitated by physical or mental illness; or

(e)he is otherwise unable or unfit to perform his duties.

(2) If the chairmanF1 or deputy chairman ceases to be a member of the F1 Executive he shall also cease to be chairmanF1 or, as the case may be, deputy chairman.

7.  Past service as chairmanF1, deputy chairman or member of the F1 Executive is no bar to reappointment.

Remuneration of members

8.  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 chairmanF1, deputy chairman and other members of the F1 Executive, or any of them, as with the approval of the Department of the Civil Service, it may determine.

Proceedings

9.  The F1 Executive may regulate its own procedure and business including its quorum.

10.  A person authorised in writing in that behalf by the Department shall be entitled to attend any meeting of the F1 Executive and to take part in the proceedings at the meeting, but not to vote.

11.  The validity of any proceedings of the F1 Executive shall not be affected by any vacancy in the office of chairmanF1, deputy chairman or member of the F1 Executive or by any defect in the appointment of the chairmanF1, deputy chairman or any member.

The Seal

12.  The fixing of the common seal of the F1 Executive shall be authenticated by the signature of the chairmanF1 or deputy chairman of the F1 Executive or some other member thereof authorised either generally or specially by the F1 Executive to act for that purpose.

Instruments

13.  A document purporting to be duly executed under the common seal of the F1 Executive shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

14.  Any contract or instrument which, if entered into or executed by an individual, would not require to be F2 executed as a deed may be entered into or executed on behalf of the F1 Executive by any person generally or specially authorised by the F1 Executive 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.

Staff

F115.—(1) Subject to sub-paragraph (2), the Executive with the approval of the Department and the Department of Finance and Personnel as to numbers and as to remuneration and other terms and conditions of employment—

(a)shall appoint a chief executive to carry on and manage and control generally the administration and business of the Executive and to perform such other functions as may be determined by the Executive;

(b)shall employ such other officers and servants as the Executive considers necessary;

(c)may employ the services of such other persons as the Executive considers expedient for any particular purpose.

(2) The first chief executive shall be appointed, and may be removed from office at any time, by the Head of the Department and each subsequent chief executive may be removed from office at any time by the Executive with the consent of the Head of the Department.

(3) The Executive shall, in the case of the chief executive and such other persons employed by it as may be determined by the Executive with the approval of the Department and the Department of Finance and Personnel, 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.

Performance of functions

16.  The F1 Executive may authorise any member of the F1 Executive or any officer or servant of the F1 Executive to perform on behalf of the F1 Executive such of the F1 Executive 's functions (including the function conferred on the F1 Executive by this paragraph) as are specified in the authorisation.

17.  The F1 Executive with the consent of the Department concerned may appoint officers from that Department as assessors to assist the F1 Executive in the discussion of any matter relating to its functions.

F117A.—(1) The Executive shall prepare in respect of the period ending on 31st March 2000 and in respect of each subsequent financial year a report on the Executive'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 Executive's functions.

F1(3) The Executive shall send a copy of every report prepared under this paragraph to the Department.

(4) The Department shall—

(a)lay the report before the Assembly; and

(b)cause the report to be published.

Accounts and reports

F118.—(1) The Executive shall—

(a)keep proper accounts and proper records in relation to the accounts; and

(b)prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a)be in such form; and

(b)contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) The Executive shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a)the Department; and

(b)the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall—

(a)examine, certify and report on every statement of accounts sent to him by the Executive under this paragraph; and

(b)send a copy of his report to the Department.

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