Section 51.
1 (1) Subject to the following provisions of this paragraph, the Independent Assessor shall hold and vacate office in accordance with the terms of his appointment.
(2) The Independent Assessor shall be appointed for a term not exceeding three years.
(3) The Independent Assessor may at any time resign his office by notice in writing addressed to the Secretary of State.
(4) The Secretary of State may remove the Independent Assessor from office—
(a) if he has without reasonable excuse failed to carry out his duties for a continuous period of six months or more;
(b) if he has been convicted of a criminal offence;
(c) if a bankruptcy order has been made against him, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(d) if the Secretary of State is satisfied that he is otherwise unable or unfit to perform his functions.
(5) At the end of a term of appointment the Independent Assessor shall be eligible for re-appointment.
2 (1) There shall be paid to the Independent Assessor such remuneration and such travelling and other allowances as the Secretary of State may determine.
(2) In the case of any such holder of the office of Independent Assessor as may be determined by the Secretary of State, there shall be paid such pension, allowances or gratuities to or in respect of him, or such payments towards the provision of a pension to or in respect of him, as may be so determined.
3 (1) The Independent Assessor may appoint such number of employees as he may determine.
(2) The remuneration and other terms and conditions of service of persons employed by the Independent Assessor shall be such as he may determine.
(3) The approval of the Secretary of State shall be required for the making of a determination under this paragraph.
4 (1) The Independent Assessor shall prepare an annual report on the performance of his functions which he shall submit to the Secretary of State who shall cause it to be published and lay copies of it before each House of Parliament.
(2) The Independent Assessor may make a report to the Secretary of State about any matter which comes to his attention in the course of the performance of his functions.
5 In Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), the following entry shall be inserted at the appropriate place—
“Independent Assessor of Military Complaints Procedures in Northern Ireland.”
Section 63(2).
1 In this Schedule “commencement” means the time when this Act comes into force.
2 (1) This Schedule applies to offences which—
(a) were immediately before commencement specified in Part I of Schedule 1 to the Northern Ireland (Emergency Provisions) Act 1991, but
(b) are not immediately after commencement specified in Part I of Schedule 1 to this Act.
(2) In relation to offences committed (or alleged to have been committed) before commencement, this Act shall apply as if offences to which this Schedule applies were specified in Part I of Schedule 1.
(3) Sub-paragraph (2) is subject to the following provisions.
3 Paragraph 2(2) shall not apply in relation to section 2 (preliminary inquiry) unless a request that a preliminary inquiry be held has been granted under section 2 of the 1991 Act.
4 Paragraph 2(2) shall not apply in relation to section 3 (limitation of power to grant bail).
5 Paragraph 2(2) shall not apply in relation to section 4 (legal aid to applicants for bail) except for the purposes of assignments made before commencement.
6 Paragraph 2(2) shall not apply in relation to section 5 (maximum period of remand in custody) except for the purposes of orders for remand made before commencement.
7 Paragraph 2(2) shall not apply in relation to section 6 (custody of young persons).
8 Paragraph 2(2) shall not apply in relation to section 8 (time limits for preliminary proceedings).
9 Paragraph 2(2) shall not apply in relation to sections 10 to 13 (court, mode of trial, evidence and onus of proof) except in cases where the case for the prosecution was opened, or a plea of guilty was accepted, before commencement.
10 Paragraph 2(2) shall not apply in relation to sections 14 to 16 (treatment of offenders) except where the conviction of the offence in question occurred before commencement.
11 Paragraph 2(2) shall not apply in relation to section 18 (constable’s general power of arrest and seizure) except where the arrest, entry, search or seizure occurred before commencement.
12 Paragraph 2(2) shall not apply in relation to section 46(8)(a) to (c) (right to have someone informed of detention: delay related to scheduled offence) except for the purposes of authorisations given before commencement.
13 Paragraph 2(2) shall not apply in relation to section 47(8)(a) to (c) (right of access to legal advice: delay related to scheduled offence) except for the purposes of authorisations given before commencement.
14 Paragraph 2(2) shall not apply in relation to section 53(7) (compensation: restriction) except where the act in question was done before commencement.
15 Note 1 of Part I of Schedule 1 shall apply to any offence to which the corresponding note in the Northern Ireland (Emergency Provisions) Act 1991 applied.