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The Commissioner for Children and Young People (Northern Ireland) Order 2003

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Commissioner for Children and Young People (Northern Ireland) Order 2003 No. 439

  1. Introductory Text

  2. Introductory

    1. 1.Title and commencement

    2. 2.Interpretation: general

    3. 3.Interpretation: “child or young person”

    4. 4.Interpretation: “relevant authority”

  3. The Commissioner

    1. 5.The Commissioner for Children and Young People for Northern Ireland

    2. 6.Principal aim of the Commissioner

  4. Functions of the Commissioner

    1. 7.Duties of the Commissioner

    2. 8.General powers of the Commissioner

    3. 9.General review of advocacy, complaint, inspection and whistle-blowing arrangements of relevant authorities

    4. 10.Review of advocacy, complaint, inspection and whistle-blowing arrangements of relevant authorities in individual cases

    5. 11.Assistance with complaints to relevant authorities

    6. 12.Investigation of complaints against relevant authorities

    7. 13.Actions which may be investigated: restrictions and exclusions

    8. 14.Power to bring, intervene in or assist in legal proceedings

    9. 15.Assistance in relation to legal proceedings

  5. Formal investigations

    1. 16.Formal investigations

    2. 17.Formal investigations: exclusions

    3. 18.Report on formal investigation

    4. 19.Further action following report on formal investigation

    5. 20.Evidence in formal investigations

    6. 21.Powers of entry and inspection for purposes of formal investigation

    7. 22.Obstruction and contempt in relation to formal investigation

    8. 23.Disclosure of information by Commissioner

  6. Review of this Order

    1. 24.Review of this Order

  7. Supplementary provisions

    1. 25.Privilege for certain publications

    2. 26.Application of this Order: relevant authorities with mixed functions

    3. 27.Application of this Order: matters arising before commencement

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      RELEVANT AUTHORITIES

      1. PART I

        1. Health and personal social services

          1. 1.A general health services provider, that is to say—

          2. 2.An independent provider, that is to say a person (whether...

          3. 3.Any person carrying on any of the following within the...

          4. 4.A person providing day care to which Article 118(1)(b) of...

        2. Education

          1. 5.The Board of Governors of a grant-aided school, within the...

          2. 6.The managers of an independent school, within the meaning of...

          3. 7.The governing body of an institution of further education, within...

        3. Others

          1. 8.The Northern Ireland Commissioner for Complaints.

          2. 9.The Assembly Ombudsman for Northern Ireland.

          3. 10.The Northern Ireland Film Commission.

      2. PART II

        1. Justice and policing

          1. 11.The Northern Ireland Court Service.

          2. 12.The Northern Ireland Policing Board and the Chief Constable of...

          3. 13.The Juvenile Justice Board and any other body or person...

          4. 14.The Probation Board for Northern Ireland.

          5. 15.The Chief Inspector of Criminal Justice in Northern Ireland.

          6. 16.The Northern Ireland Legal Services Commission.

          7. 17.The Northern Ireland Law Commission.

        2. Others

          1. 18.The Police Ombudsman for Northern Ireland.

          2. 19.The Parliamentary Commissioner for Administration.

          3. 21.The Information Commissioner

          4. 22.The Qualifications and Curriculum Authority.

          5. 22.The Northern Ireland Office.

    2. SCHEDULE 2

      THE COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE FOR NORTHERN IRELAND

      1. Status

        1. 1.(1) The person for the time being holding the office...

      2. General powers

        1. 2.(1) The Commissioner may do anything, apart from borrowing money,...

      3. Tenure of office

        1. 3.(1) Subject to the provisions of this paragraph, a person...

      4. Salary, etc.

        1. 4.(1) The Office may pay to or in respect of...

      5. Staff

        1. 5.(1) The Commissioner may appoint such number of officers as...

      6. Exercise of functions of Commissioner

        1. 6.Any function of the Commissioner may be exercised by any...

      7. Seal

        1. 7.The application of the seal of the Commissioner shall be...

      8. Evidence

        1. 8.A document purporting to be an instrument issued by the...

      9. Property

        1. 9.(1) Any real or personal property vested in the Commissioner...

      10. Funding

        1. 10.(1) The Office may make grants to the Commissioner of...

      11. Accounts

        1. 11.(1) The Commissioner shall— (a) keep proper accounts and proper...

      12. Annual report

        1. 12.(1) As soon as practicable after the end of each...

      13. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 13.In Part III of Schedule 1 to the Northern Ireland...

      14. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI. 7)

        1. 14.In Schedule 2 to the Commissioner for Complaints (Northern Ireland)...

      15. The Freedom of Information Act 2000 (c. 36)

        1. 15.In Part VII of Schedule 1 to the Freedom of...

      16. The Criminal Justice and Court Services Act 2000 (c. 43)

        1. 16.In section 36(8) of the Criminal Justice and Court Services...

    3. Schedule 3

      INVESTIGATIONS UNDER ARTICLE 8(4) OR 9(7)

      1. Interpretation

        1. 1.In this Schedule any reference to an investigation is a...

      2. Conduct of investigation

        1. 2.(1) In determining whether to conduct or discontinue an investigation,...

      3. Report on investigation

        1. 3.(1) Where the Commissioner has conducted an investigation pursuant to...

      4. Further action following report on investigation

        1. 4.(1) Where the Commissioner has made a report under paragraph...

  10. Explanatory Note

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