Public Authorities (Reform) Act (Northern Ireland) 2009

Abolished bodies

Fisheries Conservancy Board for Northern Ireland

1

• (1) The Fisheries Conservancy Board for Northern Ireland is abolished.

• (2) The functions exercisable by that Board immediately before the coming into operation of subsection (1) are transferred to the Department of Culture, Arts and Leisure.

• (3) Schedule 1 has effect and in that Schedule—

• (a) Part 1 makes provision for the transfer of the assets, liabilities and staff of that Board and contains other supplementary provisions; and

• (b) Part 2 contains amendments consequential on the transfer effected by this section.

• (4) Subsection (2) does not apply where specific provision to the contrary is made by Part 2 of Schedule 1.

Disability Living Allowance Advisory Board for Northern Ireland

2

• (1) The Disability Living Allowance Advisory Board for Northern Ireland is abolished.

• (2) Accordingly—

• (a) section 152 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) is repealed; and

• (b) the amendments to the other statutory provisions set out in Schedule 2 have effect.

Northern Ireland Pig Production Development Committee

3

• (1) In consequence of the winding up order, the following statutory provisions are repealed—

• (a) the Pig Production Development Act (Northern Ireland) 1964 (c. 25);

• (b) the Pig Production Development (Amendment) (Northern Ireland) Order 1973 (NI 20);

• (c) in the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1977 (NI 12), Article 17 and in Schedule 2 the entries relating to the Pig Production Development Act (Northern Ireland) 1964;

• (d) in the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6), Articles 6, 7 and 24(2).

• (2) But subsection (1)(a) does not affect the operation of the winding up order.

• (3) In this section “the winding up order” means the Pig Production Development Committee (Winding Up) Order (Northern Ireland) 2007 (No. 354).

Enterprise Ulster

4

• (1) In consequence of the dissolution order, the following statutory provisions are repealed—

• (a) the Enterprise Ulster (Northern Ireland) Order 1973 (NI 16);

• (b) the Enterprise Ulster (Continuation of Functions) (Northern Ireland) Order 1986 (NI 23);

• (c) Article 6 of the Industrial Training (Northern Ireland) Order 1990 (NI 8);

• (d) Article 8 of the Financial Provisions (Northern Ireland) Order 1995 (NI 16);

• (e) in the Audit and Accountability (Northern Ireland) Order 2003 (NI 5), Article 5(1)(b) and paragraph 2 of Schedule 1.

• (2) But subsection (1)(a) does not affect the operation of the dissolution order.

• (3) In this section “the dissolution order” means the Enterprise Ulster (Dissolution) Order (Northern Ireland) 2007 (No. 57).Laganside Corporation

Laganside Corporation

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• (1) In consequence of the dissolution order, the following statutory provisions are repealed—

• (a) the entries relating to the Laganside Corporation in—

• (i) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25);

• (ii) Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7); and

• (iii) Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36);

• (b) in the Audit and Accountability (Northern Ireland) Order 2003 (NI 5), Article 5(1)(j) and paragraph 10 of Schedule 1.

• (2) In this section “the dissolution order” means the Laganside Corporation Dissolution Order (Northern Ireland) 2006 (No. 527).

Supplementary provisions

Repeals

6

The statutory provisions set out in Schedule 3 are repealed to the extent specified in the second column of that Schedule.

Commencement

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• (1) The preceding provisions of this Act (and the Schedules) come into operation on such day or days as the Office of the First Minister and deputy First Minister may by order appoint.

• (2) An order under subsection (1) may contain such transitional or saving provisions as that Office thinks appropriate.

Short title

8

This Act may be cited as the Public Authorities (Reform) Act (Northern Ireland) 2009.

SCHEDULE 1

PART 1 — TRANSFER OF ASSETS, LIABILITIES, STAFF, ETC.

1

In this Schedule—

• “the appointed day” means the day appointed under section 7 for the coming into operation of section 1(1);

• “the Board” means the Fisheries Conservancy Board for Northern Ireland;

• “the Department” means the Department of Culture, Arts and Leisure;

• “the employment of the Department” means employment in the Northern Ireland civil service for the purposes of the Department.

Transfer of assets and liabilities

2

• (1) All assets and liabilities to which the Board is entitled or subject immediately before the appointed day shall on that day be transferred to, and by virtue of this paragraph vest in, the Department.

• (2) Sub-paragraph (1) has effect in relation to assets or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the assets or liabilities otherwise than by that sub-paragraph.

• (3) But sub-paragraph (1) does not apply to rights or liabilities under a contract of employment (which are dealt with by paragraph 3).

• (4) A certificate by the Department that anything specified in the certificate has vested in the Department by virtue of this paragraph is conclusive evidence for all purposes of that fact.

Transferring employees

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• (1) This paragraph applies to persons who immediately before the appointed day are employed by the Board.

• (2) The Department shall make a scheme providing for the transfer as from the appointed day of persons to whom this paragraph applies to the employment of the Department.

• (3) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer effected by the scheme whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those regulations.

• (4) The scheme shall—

• (a) identify transferring employees (whether by name or otherwise);

• (b) include provision securing pension protection for such employees;

• (c) include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt with by the scheme; and

• (d) include provision for the payment of compensation by the Department to any such employee who suffers loss or detriment in consequence of that transfer.

• (5) Procedures under sub-paragraph (4)(c) must involve consideration of grievances by a person other than—

• (a) a member, or member of staff, of the Board; or

• (b) a member of the Northern Ireland civil service.

• (6) The scheme may include supplementary, incidental, transitional and consequential provision.

• (7) Before making the scheme the Department shall consult—

• (a) in the case of a scheme which identifies transferring employees by name, those employees; and

• (b) in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the Department to be representative of transferring employees.

• (8) For the purposes of this paragraph—

• (a) “pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee has, as a member of the Northern Ireland civil service, rights to acquire pension benefits and those rights are the same as or (taken as a whole) no less favourable than those that the transferring employee had as an employee of the Board;

• (b) “the scheme” means the scheme made under this paragraph; and

• (c) “transferring employee” means an employee of the Board who is transferred to the employment of the Department by the scheme.

References to, and acts, etc. done by, or in relation to, the Board

4

• (1) In any statutory provision or document any reference to the Board shall, in relation to any time after the appointed day, be construed as a reference to the Department.

• (2) Sub-paragraph (1) applies unless contrary provision is made by this Act or the context otherwise requires.

• (3) Nothing in this Act affects the validity of anything done by, or in relation to, the Board before the appointed day.

• (4) Anything which before the appointed day was done by or in relation to the Board shall, if in effect immediately before that day, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Department.

• (5) Anything (including any legal proceedings) in the process of being done by or in relation to the Board immediately before the appointed day may be continued by or in relation to the Department.

• (6) Any byelaws made by the Board under a provision of the Fisheries Act (Northern Ireland) 1966 (c. 17) amended by Part 2 of this Schedule which are in force immediately before the appointed day shall have effect as if they were regulations made by the Department under that provision as so amended (and so may be amended or revoked by such regulations).

Accounts and reports: transitional arrangements

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• (1) The Department shall make arrangements for—

• (a) a statement of accounts to be prepared in relation to the Board; and

• (b) a report to be prepared on the activities of the Board,

for such period ending immediately before the appointed day as the Department may determine.

• (2) The statement of accounts and report shall—

• (a) be in such form; and

• (b) contain such information,

as the Department may determine.

• (3) The Department shall send a copy of the statement of accounts to the Comptroller and Auditor General for Northern Ireland.

• (4) The Comptroller and Auditor General shall—

• (a) examine and report on any statement of accounts received from the Department under sub-paragraph (3); and

• (b) send a copy of any such report to the Department.

• (5) The Department shall lay a copy of the statement of accounts, the Comptroller and Auditor General's report and the report mentioned in sub-paragraph (1)(b) before the Assembly.

PART 2 — AMENDMENTS

The Foyle Fisheries Act (Northern Ireland) 1952 (c. 5)

1

In section 74(4) for “Fisheries Conservancy Board for Northern Ireland” substitute “ Department of Culture, Arts and Leisure ”.

The Nuclear Installations Act 1965 (c. 57)

2

In section 27(1)(c) for “Fisheries Conservancy Board for Northern Ireland” substitute “ Department of Culture, Arts and Leisure ”.

The Fisheries Act (Northern Ireland) 1966 (c. 17)

3

• (1) Subject to the following provisions of this paragraph, in any provision of this Act—

• (a) for “the Board” (wherever occurring) substitute “ the Department ”;

• (b) for “they” (wherever occurring and referring to the Board) substitute “ it ”;

• (c) for “byelaws”, “a byelaw” or “byelaw” (wherever occurring) substitute “ regulations ”.

• (2) Omit section 7A(4)(b) and the word “and” immediately before it.

• (3) In section 11(4) omit “or byelaw”.

• (4) In section 11B(2) omit paragraph (c) and “or, as the case may be, the Board”.

• (5) In section 15—

• (a) in subsection (1)(c)(i) for “the Fisheries Conservancy Board for Northern Ireland established under Part II” substitute “ the Department ”;

• (b) omit subsection (1)(d) and (2).

• (6) For the heading to Part 2 substitute “ CONSERVATION AND PROTECTION OF SALMON AND INLAND FISHERIES ”.

• (7) For sections 25 and 26 and the cross-heading immediately before section 25 substitute—

(25) (1) It is the duty of the Department to conserve and protect the salmon and the inland fisheries of Northern Ireland, other than the fisheries of the Londonderry Area or the Newry Area. (2) Without prejudice to the generality of subsection (1), the Department may, in the exercise of its functions— (a) take legal proceedings for the enforcement of any statutory provision with respect to salmon or inland fisheries; (b) act in co-operation with any other body constituted under a statutory provision for the purpose of publicising any such fisheries as a tourist attraction; (c) enter into an agreement to enforce the fishing rights of any owner or occupier of land or waters in accordance with such terms and conditions as may be specified in the agreement and on payment of such sums as may be so specified. (26) (1) The Department may make such regulations as appear to it to be expedient for the purposes of its functions in relation to any fisheries to which section 25 applies, and, without prejudice to the generality of the foregoing provisions, may make regulations with respect to the following matters— (a) the regulation of fishing and preservation of good order amongst persons fishing; (b) the times and seasons for the taking of fish or for any mode of taking fish and the conditions subject to which fish may be taken; (c) prohibiting any mode of taking or destroying fish; (d) the times and places at, or the mode in, which any fishing engine may be used; (e) the description and form of nets or other fishing engines to be used, and the size of the meshes of those nets or the apertures in those other engines; (f) the size (whether determined by measurement or by weight) of fish which may be taken; (g) the making of applications for, and the issue, alteration, renewal and revocation of, fishing licences, whether generally or in specified cases; (h) the form of, and the conditions attaching to, fishing licences; (i) the duties payable in respect of fishing licences; (j) the protection of waters from any predatory animals; (k) the prohibition of any practice whatsoever tending to impede the lawful capture of fish or to be in any manner detrimental to the fisheries; (l) the attachment of such identification marks as may be specified in the regulations to any salmon captured; (m) anything relating in any manner to the management and protection of the fisheries; (n) anything which under this Act may be prescribed by regulations or in respect of which regulations are by this Act authorised to be made. (2) The power to make regulations under this section in relation to the regulation of fishing for salmon may be exercised for— (a) the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including the geological or physiological features) or of any features of archaeological or historic interest on those areas; or (b) the conservation of flora or fauna which are dependant on, or associated with, a marine or coastal environment. (3) Regulations under this section shall be subject to negative resolution. (4) If any person contravenes regulations under this section, he shall be guilty of an offence.

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• (8) Omit sections 27 to 33.

• (9) In section 37(1)(e) for “the Ministry” substitute “ a magistrates' court ”.

• (10) In section 44 omit “by resolution”.

• (11) In section 53 for subsection (1) substitute—

(1) Where in a river natural obstructions of any kind prevent or impede the free passage of fish, the Department may— (a) on the application of any person interested in a fishery in the river, authorise the construction of such works or the making of such alterations in the bed of the river as to secure the free passage of fish at all times, or (b) construct such works or make such alterations, if (in either case) the Department is satisfied that the works or alterations will not impair the effective working power of any mill or the drainage of any lands.

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• (12) In section 53(2) and (3) for “subsection (1)” substitute “ subsection (1)(a) ”.

• (13) In section 53(5) after “works or alterations” insert “ under subsection (1)(a) or ”.

• (14) In section 53(7) at the end add “ ; and where the execution of any works or alterations by the Department under subsection (1)(b) results in damage or injury to any person, that person may recover compensation from the Department. ”.

• (15) In section 54(2)(b) for the words from “on the application” to “on being satisfied ” substitute “ on being satisfied (whether on the application of any person interested in a fishery in the river or otherwise) ”.

• (16) In section 54(4)(a) for the words from “, by the person” to the end substitute “ on the application of any person, by that person; and ”.

• (17) In section 55(2) omit “the Board, or failing the Board,”.

• (18) In section 70(1) for “are” substitute “ is ”.

• (19) In section 81(4) omit “the Board, or failing the Board,”.

• (20) In section 83(3) omit “the Board, or failing the Board,”.

• (21) In section 85(3) omit “the Board, or failing the Board,”.

• (22) In section 86(3)(b) omit “the Board, or failing the Board,”.

• (23) Omit section 88(2)(b).

• (24) In section 92(6) omit “the Board, or failing the Board,”.

• (25) In section 111 for subsection (4) substitute—

(4) The Department may by regulations substitute for the period mentioned in paragraph (a), (b) or (c) of subsection (1) such other period as may be specified in the regulations.

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• (26) In section 111(5) for “26(4), any byelaws or” substitute “ 26(3) any ”.

• (27) In section 116(1) for “refuse” substitute “ refuses ”.

• (28) In section 166(1) omit—

• (a) in the definition of “authorised person”, paragraph (c); and

• (b) the definition of “officer of the Board”.

• (29) In section 168(2) for “section 25(3)(cc)” substitute “ section 25(2)(c) ”.

• (30) In section 170(3) omit “the Board and” (twice).

• (31) In section 170—

• (a) in subsection (6) omit “and the Board”;