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SCHEDULES

SCHEDULE 1U.K.The ICRIR, the Commissioners and ICRIR officers

PART 1U.K.The ICRIR

StatusU.K.

1The ICRIR is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Commencement Information

I1Sch. 1 para. 1 not in force at Royal Assent, see s. 63(4)

I2Sch. 1 para. 1 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(a)

PowersU.K.

2(1)The ICRIR may do anything that it thinks necessary or expedient in connection with the exercise of its functions.

(2)In particular, the ICRIR may—

(a)enter into contracts and other agreements (whether legally binding or not), and

(b)acquire and dispose of property (including land).

(3)But the ICRIR may not borrow money.

(4)The ICRIR may make payments of, or payments towards the provision of, any remuneration, pensions, allowances, gratuities or compensation payable to, or in respect of—

(a)the Commissioners, and

(b)the ICRIR officers.

Commencement Information

I3Sch. 1 para. 2 not in force at Royal Assent, see s. 63(4)

I4Sch. 1 para. 2 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(a)

Regulation and validity of proceedingsU.K.

3(1)The ICRIR may regulate its own proceedings (including quorum).

(2)The validity of any proceedings of the ICRIR is not affected by—

(a)any vacancy in the membership of the ICRIR;

(b)any defect in the appointment of any Commissioner.

Commencement Information

I5Sch. 1 para. 3 not in force at Royal Assent, see s. 63(4)

I6Sch. 1 para. 3 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(a)

Delegation of functions and their exercise by the CommissionersU.K.

4(1)Any function of the ICRIR may be exercised on behalf of, and in the name of, the ICRIR by—

(a)a Commissioner, or

(b)an ICRIR officer,

who has been authorised (whether generally or specifically) by the ICRIR for that purpose.

(2)Any functions conferred on a Commissioner (whether by this Act or otherwise) are to be treated as functions of the ICRIR exercisable by the Commissioner on behalf of, and in the name of, the ICRIR.

(3)A function conferred on a Commissioner is to be exercisable by the ICRIR if—

(a)there is a vacancy in the office of that Commissioner, or

(b)that Commissioner is unable to exercise the function.

(4)But that does not apply to function of the Chief Commissioner as a member of the immunity requests panel (including any function as chair of the panel).

(5)If a function is exercisable by the ICRIR in accordance with sub-paragraph (3), the ICRIR may make arrangements under sub-paragraph (1) relating to the exercise of the function.

Commencement Information

I7Sch. 1 para. 4 not in force at Royal Assent, see s. 63(4)

I8Sch. 1 para. 4 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(a)

Seal and proof of documentsU.K.

5(1)The ICRIR may have a seal.

(2)The application of the ICRIR’s seal must be authenticated by the signature of at least one of the Commissioners

(3)This paragraph does not prevent the ICRIR from acting otherwise than by a document under seal.

(4)A document purporting to be duly executed under the seal of the ICRIR must be received in evidence and treated as so executed unless the contrary is shown.

(5)A document purporting to be signed on behalf of the ICRIR by—

(a)at least one of the Commissioners, or

(b)any person who is authorised (generally or specially) for that purpose,

must be received in evidence and treated as so signed unless the contrary is shown.

Commencement Information

I9Sch. 1 para. 5 not in force at Royal Assent, see s. 63(4)

I10Sch. 1 para. 5 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(a)

Accounts and auditU.K.

6(1)The ICRIR must—

(a)keep proper accounts and proper records in relation to them, and

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

(2)The statement of accounts must be prepared in accordance with any directions that are given by the Treasury.

(3)The ICRIR must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as practicable after the end of the financial year to which the statement relates.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on each statement of accounts,

(b)send a copy of each report and certified statement to the Secretary of State, and

(c)lay before Parliament a copy of each such report and certified statement.

Commencement Information

I11Sch. 1 para. 6 not in force at Royal Assent, see s. 63(4)

I12Sch. 1 para. 6 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(a)