Northern Ireland Orders in Council

(a) where he gives to the Head of the Department a notice in writing of his resignation;

(b) where he becomes bankrupt or makes a composition or arrangement with his creditors;

(c) where, in the opinion of the Head of the Department, he becomes unable or unfit to discharge the functions of a member and the Head of the Department so informs the Council in writing;

(d) where he is convicted of an indictable offence and is sentenced to a term of imprisonment of not less than 3 months; or

(e) where he fails, without leave of the Council, to attend any meetings of the Council or of a committee or sub-committee thereof for a period of 6 consecutive months.

    (3) If the chairman or deputy chairman of the Council ceases to be a member of the Council, he shall also cease to be chairman or deputy chairman.

(a) in the case of a person who is also chairman of the Council, by the Head of the Department;

(b) in any other case, by the Council with the approval of the Department.

    (4) The appointment of the chief executive shall be on such terms and conditions as the Department (in the case of an appointment under sub-paragraph (3)(a)) or the Council after consultation with the Department (in the case of an appointment under sub-paragraph (3)(b)) may determine.

    (5) No member of the Council other than the chairman shall be appointed as chief executive.

    (6) A person who is an officer of the Council (other than the chief executive) shall not be qualified to be a member of the Council.

    (7) The Council may, in accordance with arrangements determined by the Department, make provision for the payment on death or retirement of pensions, gratuities or other like benefits to or in respect of the service of officers of the Council.

(a) approved expenditure incurred by the Council for the provision or alteration of premises for the use of the Council;

(b) approved expenditure incurred by the Council for the provision of equipment;

(c) other approved expenditure incurred by the Council in carrying out a work programme approved under Article 80.

    (2) Grants under this paragraph shall be made on such conditions (including conditions as to repayment) and at such times as the Department may determine.

(a) the Council shall prepare and submit to the Comptroller and Auditor General and the Department a statement of accounts before such date, in such form and containing such information as the Department, with the approval of the Department of Finance and Personnel, may direct;

(b) the Comptroller and Auditor General shall examine and certify the statement of accounts submitted to him by the Council; and

(c) the Department shall lay before the Assembly a copy of the certified statement of accounts of the Council together with a copy of any report thereon of the Comptroller and Auditor General.

    (3) The Comptroller and Auditor General in the discharge of his functions under this paragraph shall have right of access to the books, accounts and records of the Council and may require from any member or officer or former member or officer of the Council such information relating to the affairs of the Council as he may think necessary for the proper performance of those functions.

    (4) In this paragraph "Comptroller and Auditor General" means the Comptroller and Auditor General for Northern Ireland.

(a) the period for which it operates or is intended to operate ends at the same time as the period for which the existing contract was to operate; and

(b) apart from that, its provisions are the same as those of the existing contract.

    (5) Subject to sub-paragraph (6), in this Schedule "the certification period", in relation to a contract entered into by a board, means the period of 6 weeks beginning with the day on which the board entered into the contract.

    (6) In relation to a contract entered into before the day on which this paragraphcomes intooperation, "the certificationperiod" means the period of 6 weeks beginning with that day.

    (7) Sub-paragraph (1) is subject to paragraph 3 (special provisions about judicial reviews).

    (8) The application of sub-paragraph (1) in relation to a contract entered into by a board does not affect any claim for damages made by a person who is not (and has never been) a party to the contract in respect of a breach by the board of any duty to do, or not to do, something before entering into the contract (including, in particular, any such duty imposed by a statutory provision for giving effect to any Community obligation relating to public procurement or by Article 20 of the Education and Libraries (Northern Ireland) Order 1993.

(a) including details of the period for which the contract operates or is to operate;

(b) describing the purpose of the contract;

(c) containing a statement that the contract is or is to be a contract falling within sub-paragraph (5) or (6);

(d) stating that the board had or has power to enter into the contract and specifying the statutory provision, or each of the statutory provisions, conferring the power;

(e) stating that a copy of the certificate has been or is to be given to each person to whom a copy is required to be given by regulations;

(f) dealing in a manner prescribed by regulations with any matters required by regulations to be dealt with in certificates under this paragraph; and

(g) confirming that the board has complied with or is to comply with any requirement imposed by regulations with respect to the issue of certificates under this paragraph.

    (3) The requirement specified in this sub-paragraph is that the board must have secured that the certificate is signed by any person who is required by regulations to sign it.

    (4) The requirement specified in this sub-paragraph is that the board must have obtained consent to the issue of a certificate under this paragraph fromeachof the persons with whomthe board has entered, or is to enter, into the contract.

    (5) A contract entered into by a board falls within this sub-paragraph if - 

(a) it is entered into with another person for the provision or making available of services (whether or not together with assets) for the purposes of, or inconnectionwith, the discharge bythe board of any of its functions; and

(b) it operates, or is intended to operate, for a period of at least 5 years.

    (6) Acontract entered into by a board falls within this sub-paragraph if it is entered into, in connection with a contract falling within sub-paragraph (5), with - 

(a) a person who, in connection with that contract, makes a loan to, or provides any other form of finance for, a party to that contract other than the board; or

(b) any insurer of or trustee for such a person.

    (7) The Department may by regulations subject to affirmative resolution amend sub-paragraph (5) or (6).

    (8) Where the certification requirements have been satisfied in relation to a contract by a board, the certificate which has been issued shall have effect (andbe deemed always to have had effect) as if the board had had power to issue it (and had exercised that power properly in issuing it); and a certificate which has been so issued is not invalidated by reason that anything in the certificate is inaccurate or untrue.

    (9) Where the certification requirements have been satisfied in relation to a contract by a board, the board shall secure that throughout the period for which the contract operates - 

(a) a copy of the certificate which has been issued is open to inspection by members of the public at all reasonable times without payment; and

(b) members of the public are afforded facilities for obtaining copies of that certificate on payment of a reasonable fee.

Special provision for judicial review

     3.  - (1) Paragraph 1(1) does not apply for the purposes of determining any question arising on an application for judicial review as to whether a board had power to enter into a contract (or exercised any power properly in entering into a contract).

    (2) Paragraph 1(1) has effect subject to any determination or order made in relation to a certified contract on an application for judicial review.

    (3) Where, on an application for judicial review relating to a certified contract entered into by a board, a court - 

(a) is of the opinion that the board did not have power to enter into the contract (or exercised any power improperly in entering into it); but

(b) (having regard in particular to the likely consequences for the financial position of the board, and for the provision of services to the public, of a decision that the contract should not have effect) considers that the contract should have effect, the court maydetermine that the contract has (andalways has had) effect as if the board had had power to enter into it (and had exercised that power properly in entering into it).

    (4) In this paragraph and paragraphs 4 and 5 references to an application for judicial review include any appeal (or further appeal) against a determination or order made on such an application.

(a) which have been agreed by the board and any person with whom the board entered into the contract;

(b) which either form part of the contract or constitute or form part of another agreement entered into by them not later than the day on which the contract was entered into; and

(c) which provide for a consequence mentioned in sub-paragraph (3) to ensue in the event of the making of a determination or order in relation to the contract on an application for judicial review.

    (3) Those consequences are - 

(a) the payment of compensatory damages (measured by reference to loss incurred or loss of profits or to any other circumstances) by one of the parties to the other;

(b) the adjustment between the parties of rights and liabilities relating to any assets provided or made available under the contract; or

(c) both of those things.

    (4) Where a board has agreed relevant discharge terms with any person with whom it has entered into a contract and the contract is a certified contract, the relevant discharge terms shall have effect (and be deemed always to have had effect) as if the board had had power to agree them(and had exercised that power properly in agreeing them).

(a) the result of a determination or order made by a court on an application for judicial review is that a certified contract does not have effect; and

(b) there are no relevant discharge terms having effect between the board and a person who is a party to the contract.

    (2) That person shall be entitled to be paid by the board such sums (if any) as he would have been entitled to be paid by the board if the contract - 

(a) had had effect until the time when the determination or order was made; but

(b) had been terminated at that time by acceptance by him of a repudiatory breach by the board.

    (3) For the purposes of this paragraph the circumstances in which there are no relevant discharge terms having effect between the board and a person whois a party to the contract include (as well as circumstances in which no such terms have been agreed) circumstances in which the result of a determination or order of a court, made (despite paragraph 4(4)) on an application for judicial review, is that such terms do not have effect.