The Agriculture (Northern Ireland) Order 2004

The Agriculture (Northern Ireland) Order 2004 This Order may be cited as the Agriculture (Northern Ireland) Order 2004. The following provisions of this Order come into operation one month after the date on which this Order is made— this Part; Article 8 and Schedule 2; Part III; Article 12; paragraphs 1, 2 and 3 of Schedule 3, and Article 10(2) so far as relating thereto; and Article 13 and Schedule 4, so far as relating to the Queen's University of Belfast Act (Northern Ireland) 1928 (c.21) and the Horticulture Act (Northern Ireland) 1966 (c.15). The remaining provisions of this Order come into operation on such day or days as the Department may by order appoint. The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly. In this Order— “agriculture” has the same meaning as in the Agriculture Act (Northern Ireland) 1949 (c.2); “the appointed day” means the day appointed under Article 1(3) for the coming into operation of Article 4; “the Department” means the Department of Agriculture and Rural Development; “government department” means a Northern Ireland department or a department of the Government of the United Kingdom; “the Institute” has the meaning given by Article 3(1); “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c.33). Any power of giving directions or making determinations conferred by any provision of this Order includes power to vary or revoke any direction or determination given or made under that provision. There shall be a body corporate to be known as the Agri-food and Biosciences Institute (in this Order referred to as “the Institute”). The function of the Institute is to undertake scientific work in the fields of— agriculture; animal health and welfare; food; fisheries; forestry; the natural environment; and rural development and enterprise. In this Part references to scientific work are references to scientific work in any of those fields; and “scientific work” includes— research and development; the testing or analysis of any matter; the provision of advice and information on scientific matters; and the dissemination or application of the results of scientific research. The Department may by order amend paragraphs (2) and (3). Schedule 1 (which makes provision about the Institute) shall have effect. The Institute shall carry out such scientific work as may be assigned to it by the Department. Any scientific work carried out by the Institute by virtue of this Article is referred to in this Part as its “assigned work”. In addition to its assigned work, the Institute may carry out any scientific work for any person (including the Department or any other government department) on such terms and conditions as may be agreed between the Institute and that person. Anything done by the Institute by virtue of this Article is referred to in this Part as its “commercial activities”. The Institute and the Department— shall for each financial year agree a programme of the Institute's proposed activities in that year in carrying out its assigned work; and may by agreement at any time amend that programme; and references below to the Institute's work programme for a financial year are references to the programme for that year as for the time being in force. As respects each financial year, it shall be the duty of the Institute— to carry out the assigned work in its work programme for that year in accordance with that programme; and not to undertake any commercial activities which would prejudice the carrying out of its work programme for that year. The functions of the Institute shall be exercised in accordance with such directions of a general or specific nature as the Department may give to the Institute in writing. But directions shall not be given in relation to any commercial activity of the Institute which would require the Institute to act in breach of any obligation owed to a person by virtue of an agreement under Article 5(1). Before giving any directions under paragraph (3), the Department shall consult the Institute. A transaction between a person and the Institute acting in purported exercise of its powers under this Order shall not be void by reason only that it was carried out in contravention of paragraph (2) or a direction given under paragraph (3), and such a person shall not be concerned to see or enquire whether— the Institute is complying with paragraph (2); or a direction under paragraph (3) has been given or complied with. The Institute may do anything which it thinks is— appropriate for facilitating; or incidental or conducive to, the exercise of any of its functions. In particular the Institute may— acquire by agreement or dispose of land and other property; form or participate in the formation of companies; enter into arrangements with any other person for the carrying out by that other person of any assigned work of the Institute; co-operate and enter into arrangements with other persons or bodies engaged in scientific work (whether in Northern Ireland or elsewhere); and accept gifts, grants or other financial assistance in connection with its scientific work. But the Institute may not, except with the approval of the Department and the Department of Finance and Personnel— borrow money; dispose of land; or form or participate in the formation of companies. The Institute may not enter into any such arrangement as is mentioned in paragraph (2)(c) without the approval of the Department. An approval under this Article may be given subject to such terms and conditions as the Department or, as the case may be, the Department of Finance and Personnel thinks appropriate. Schedule 2 (which makes provision for the transfer to the Institute of certain property, rights, liabilities and staff of the Department) shall have effect. The Department may, by order made with the approval of the Department of Finance and Personnel, make provision for, and in connection with, the dissolution of the Institute. An order under paragraph (1) may— provide for the transfer of the functions, property, rights, liabilities and staff of the Institute to any other body or person; make such amendments or repeals in any statutory provision (including this Order) as appear to the Department to be necessary or expedient for giving full effect to the provisions of the order. On the appointed day the Agricultural Research Institute of Northern Ireland is dissolved. Schedule 3 (which makes provision for the transfer of the property, rights, liabilities and staff of the Agricultural Research Institute of Northern Ireland and contains other transitional provisions relating to the Institute) shall have effect. Section 2 of the Queen's University of Belfast Act (Northern Ireland) 1928 (c.21) (which requires the payment to the governing body of the Queen's University of Belfast in respect of each financial year of sums for defraying certain costs of the Agricultural Faculty in that year) shall cease to have effect in relation to any financial year beginning after the coming into operation of this Article. Section 5 of the Agriculture Act (Northern Ireland) 1949 (c.2) (provision for education and instruction and undertaking of research) is amended as follows. For subsections (1) to (2A) substitute— The Department may provide, equip and maintain colleges and other institutions for the purpose of instructing persons in agriculture and related subjects. The Department may— provide instruction in agriculture and related subjects; arrange for the provision by others of such instruction; and arrangements under paragraph (b) may include the provision by the Department of financial or other assistance. For subsection (4) substitute— undertake research in agriculture and related subjects for such purposes as the Department thinks appropriate; assist such research in any manner it thinks fit, including by the provision of financial assistance. At the end add— In this section— “financial assistance” means assistance by way of grants or loans on such conditions (including conditions as to repayment) as the Department may, with the approval of the Department of Finance and Personnel determine; “related subjects” includes (in so far as they do not fall within the definition of agriculture)— the manufacture, processing, packaging, marketing and supply of food; veterinary science and the keeping and care of animals; the use of equipment, technology and business practices in the carrying on of agricultural activities; the protection of the natural rural environment; rural development and enterprise; any science or applied science relating to any of the above; and any other subject appearing to the Department to conduce to a knowledge of the science and practice of agriculture. No order shall be made under Article 3(4) or 9(1) unless a draft of the Order has been laid before, and approved by resolution of, the Assembly. An order under this Order may— contain such incidental, consequential, transitional, saving or supplementary provisions as appear to the Department to be necessary or expedient for giving full effect to the provisions of the order; and provide for a person to exercise a discretion in dealing with any matter. The Statutory Rules (Northern Ireland) Order 1979 (NI 12) shall not apply to an order under paragraph 1(1) or 2(1)(b) of Schedule 2 or paragraph 3(1) of Schedule 3. Article 13—Repeals The Institute shall not be regarded— as the servant or agent of the Crown; or as enjoying any status, immunity or privilege of the Crown. The property of the Institute shall not be regarded as property of, or held on behalf of, the Crown. Subject to the following provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 (c.33) applies to the Institute. The Institute shall consist of— a chairman; a deputy chairman; and not fewer than 8 or more than 18 other members, appointed by the Department. In making appointments under sub-paragraph (1), the Department shall— secure that each member has experience in a field of activity relevant to the discharge of the functions of the Institute; and as far as practicable secure that the members of the Institute (taken together) are reflective of the community in Northern Ireland. Subject to the provisions of this Schedule, a member shall hold and vacate office in accordance with the terms of his appointment. A person shall not be appointed as a member for more than five years at a time. A person may at any time resign his office as a member by notice in writing to the Department. A person appointed as chairman or deputy chairman of the Institute— shall hold and vacate that office in accordance with the terms of his appointment; may resign that office by notice in writing to the Department; and shall cease to hold that office if he ceases to be a member. The Department may by notice in writing remove a person from office as a member or as chairman or deputy chairman of the Institute. A person who ceases (otherwise than by virtue of sub-paragraph (5)) to be a member or to be the chairman or deputy chairman of the Institute shall be eligible for re-appointment. The Institute shall pay to its members such remuneration and allowances as the Department may determine. If— a person ceases to be a member or ceases to be the chairman or deputy chairman of the Institute; and it appears to the Department that there are special circumstances which make it right that he should receive compensation, the Department may direct the Institute to make a payment of such amount as the Department may determine. A determination of the Department under this paragraph requires the approval of the Department of Finance and Personnel. The Institute shall have— a chief executive, with responsibility to the Institute for the carrying out of its functions and the management of its employees; and such other employees as the Institute may appoint, subject to the approval of the Department as to numbers. The first chief executive of the Institute shall be appointed by the Department. Every subsequent chief executive shall be appointed by the Institute. The Institute may make arrangements with a Northern Ireland department for persons employed in the Northern Ireland civil service to be seconded to the Institute. Arrangements made with a department other than the Department of Finance and Personnel require the approval of that Department. The Institute shall pay to its employees such remuneration and allowances as it may, with the approval of the Department and the Department of Finance and Personnel, determine. The Institute shall— pay, or make payments in respect of, such pensions or gratuities to or in respect of its employees or former employees as it may, with the approval of the Department and the Department of Finance and Personnel, determine; and provide and maintain such schemes (whether contributory or not) as it may determine, with the approval of the Department and the Department of Finance and Personnel, for the payment of pensions or gratuities to or in respect of its employees or former employees. References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments. The Institute may make arrangements with such persons (including the Department or any other government department) as it considers appropriate for assistance to be provided to it. Arrangements under this paragraph with a person other than the Department— require the approval of the Department; may provide for the payment of fees by the Institute. The Institute may establish committees. A person who is not a member of the Institute shall not, except with the approval of the Department, be appointed to a committee of the Institute. The Institute may pay to members of its committees who are neither members nor employees of the Institute such remuneration and allowances as the Institute may, with the approval of the Department, determine. The Institute may, to such extent as it may determine, delegate any of its functions to— any committee of the Institute; any employee of the Institute; or any person seconded to the Institute in accordance with arrangements made under paragraph 6. Any committee of the Institute may, to such extent as the committee may determine, delegate any functions of the committee to— Subject to paragraph 12, the Institute may regulate— its own procedure (including quorum); and the procedure (including quorum) of its committees. The Institute shall make provision for a quorum for meetings of its committees to include at least one member or employee of the Institute. A member who is in any way, directly or indirectly, interested in any matter which falls to be considered by the Institute shall disclose the nature of his interest at a meeting of the Institute and the disclosure shall be recorded in the minutes of the meeting. Where such a disclosure is made by any member in relation to any matter, he shall not take part in any deliberation or decision of the Institute with respect to the matter, if the Institute decides that the interest in question might prejudicially affect the member's consideration of the matter. For the purposes of this paragraph a notice given by a member at a meeting of the Institute to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any matter concerning the body or firm which falls to be considered by the Institute after the date of the notice shall be a sufficient disclosure of his interest. A member need not attend in person at a meeting of the Institute in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration at such a meeting. Sub-paragraphs (1) to (4) apply in relation to committees of the Institute as they apply in relation to the Institute. The validity of any proceedings of the Institute, or of any of its committees, shall not be affected by— any vacancy among the members of the Institute or of the committee; any vacancy in the office of the chairman or deputy chairman of the Institute; any defect in the appointment of any one or more members of the Institute or in the appointment of the chairman or deputy chairman of the Institute; or any failure to comply with paragraph 12. The application of the seal of the Institute shall be authenticated by the signature— of any member; or of any other person who has been authorised by the Institute (whether generally or specially) for that purpose. Any contract or instrument which if entered into or executed by an individual would not require to be under seal may be entered into or executed on behalf of the Institute by any person generally or specially authorised by the Institute for that purpose. The Department may make payments to the Institute out of money appropriated for the purpose. Payments under this paragraph shall be made on such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine. Subject to sub-paragraph (4), the Institute shall pay to the Department all sums received by it in the course of, or in connection with, the carrying out of its functions. Sub-paragraph (3) shall not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance and Personnel, direct. Any sums received by the Department under sub-paragraph (3) shall be paid into the Consolidated Fund. keep proper accounts and proper records in relation to the accounts; and prepare a statement of accounts in respect of each financial year. The statement of accounts shall— be in such form; and contain such information, as the Department may, with the approval of the Department of Finance and Personnel, direct. The Institute shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to— the Department; and the Comptroller and Auditor General. The Comptroller and Auditor General shall— examine, certify and report on every statement of accounts sent to him by the Institute under this paragraph; and send a copy of his report to the Department. The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly. As soon as practicable after the end of each financial year, the Institute shall send to the Department a report on the carrying out of its functions during that year. The Department shall lay a copy of the report before the Assembly. In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted, at the appropriate place— The Agri-food and Biosciences Institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Part VII of Schedule 1 to the Freedom of Information Act 2000 (bodies, etc. which are public authorities for the purposes of the Act) there shall be inserted, at the appropriate place— In this Schedule— “financial year” means the period beginning with the appointed day and ending on the next following 31st March; and any subsequent period of twelve months ending on 31st March; and “member” means a member of the Institute. The Department may by order provide for the transfer to the Institute on the appointed day of any property, rights and liabilities to which the Department is entitled or subject immediately before the appointed day. Sub-paragraph (1)— has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by virtue of that sub-paragraph; but does not apply to rights and liabilities under a contract of employment (which are dealt with by paragraph 2). The following sub-paragraphs apply in relation to property, rights and liabilities transferred by an order under sub-paragraph (1) and in those sub-paragraphs “the transfer” means the transfer effected by the order under sub-paragraph (1). In the construction and for the purposes of any statutory provision or other document passed or made before the appointed day, any reference to, or which is to be construed as a reference to, the Department shall, so far as may be necessary for the purposes of the transfer, be construed as a reference to the Institute. The transfer does not affect the validity of anything done by, or in relation to, the Department before the appointed day. Anything which before the appointed day was done by or in relation to the Department shall, if in effect immediately before that date, 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 Institute. Anything (including any legal proceedings) in the process of being done by or in relation to the Department immediately before the appointed day may be continued by or in relation to the Institute. This paragraph applies to a person who— immediately before the appointed day is employed in the Northern Ireland civil service wholly or mainly for the purposes of functions of the Department corresponding to those exercisable after that day by the Institute; and is designated by order made by the Department for the purposes of this paragraph. The contract of employment of a person to whom this paragraph applies shall have effect from the appointed day as if originally entered into between that person and the Institute. Without prejudice to sub-paragraph (2)— all the rights, powers, duties and liabilities of the Department under or in connection with the contract of employment are by virtue of this paragraph transferred to the Institute on the appointed day; and anything done before that day by or in relation to the Department in respect of that contract or the employee is to be treated from that day as having been done by or in relation to the Institute. If a person informs the Department that he objects to the transfer of his contract of employment under this paragraph— sub-paragraphs (2) and (3) do not apply in relation to him; and his employment with the Department is terminated immediately before the appointed day. A person is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by the Department by reason of— his transfer under this paragraph; or the termination of his contract of employment under sub-paragraph (4). This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that in all the circumstances the change is a significant change and is to his detriment. An order under this paragraph may designate a person either individually or as a member of a class or description of employees. Before making any order under this paragraph the Department shall consult— in the case of an order designating a person individually, that person; and in the case of an order designating a class or description of employees, such persons as appear to the Department to be representative of the class or description of employees concerned. For the purposes of this paragraph where a person is employed as mentioned in sub-paragraph (1) on terms which do not constitute a contract of employment— he shall be regarded as employed by the Department by virtue of a contract of employment; the terms of his employment shall be regarded as constituting the terms of that contract; and the reference in sub-paragraph (5) to dismissal is to termination of his employment. In this Schedule “ARINI” means the Agricultural Research Institute of Northern Ireland. References in this Schedule to the rights of ARINI do not include references to any rights in relation to the occupation of land conferred by the agreements set out in the Schedules to the Agricultural Research Station Act (Northern Ireland) 1927 (c.1) and the Agricultural Research Station Act (Northern Ireland) 1931 (c.20); and those rights are extinguished on the appointed day. At any time before the appointed day, the Department may by order transfer any property to which ARINI is entitled, and any rights and liabilities to which ARINI is entitled or subject in connection with that property, to the Department. has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that sub-paragraph; but does not apply to rights and liabilities under a contract of employment. The following sub-paragraphs apply in relation to property, rights and liabilities transferred by an order under sub-paragraph (1) and in those sub-paragraphs— “the transfer” means the transfer effected by the order under sub-paragraph (1); and “the transfer date” means the date on which the transfer takes effect. In the construction and for the purposes of any statutory provision or other document passed or made before the transfer date, any reference to, or which is to be construed as a reference to, ARINI shall, so far as may be necessary for the purposes of the transfer, be construed as a reference to the Department. The transfer does not affect the validity of anything done by, or in relation to, ARINI before the transfer date. Anything which before the transfer date was done by or in relation to ARINI shall, if in effect immediately before that date, 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. Anything (including any legal proceedings) in the process of being done by or in relation to ARINI immediately before the transfer date may be continued by or in relation to the Department. All property, rights and liabilities to which ARINI is entitled or subject immediately before the appointed day shall on that day be transferred to, and by virtue of this sub-paragraph vest in, the Institute. does not apply to rights and liabilities under a contract of employment (which are dealt with by paragraph 5). The following sub-paragraphs apply in relation to property, rights and liabilities transferred to the Institute under sub-paragraph (1). In the construction and for the purposes of any statutory provision or other document passed or made before the appointed day, any reference to, or which is to be construed as a reference to, ARINI shall, so far as may be necessary for the purposes of this paragraph, be construed as a reference to the Institute. Nothing in this paragraph affects the validity of anything done by, or in relation to, ARINI before the appointed day. Anything which before the appointed day was done by or in relation to ARINI 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 Institute. Anything (including any legal proceedings) in the process of being done by or in relation to ARINI immediately before the appointed day may be continued by or in relation to the Institute. Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the appointed day is employed by ARINI. This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the appointed day. Where a person— has, prior to the appointed day, entered into a contract of employment with ARINI which is to come into effect on or after that day; and would, if the contract had come into operation before that day, have been a person to whom this paragraph applies, he shall be treated as if he were a person to whom this paragraph applies. A contract of employment between a person to whom this paragraph applies and ARINI shall have effect from the appointed day as if originally entered into between that person and the Institute. Without prejudice to sub-paragraph (4)— all the rights, powers, duties and liabilities of ARINI under or in connection with the contract of employment are by virtue of this paragraph transferred to the Institute on the appointed day; and anything done before that day by or in relation to ARINI in respect of that contract or the employee is to be treated from that day as having been done by or in relation to the Institute. If a person informs ARINI that he objects to the transfer of his contract of employment under this paragraph— sub-paragraphs (4) and (5) do not apply in relation to him; and his contract of employment with ARINI is terminated immediately before the appointed day. A person is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by ARINI by reason of— the termination of his contract of employment under sub-paragraph (6). The Institute shall make arrangements for— a statement of accounts to be prepared in relation to ARINI; and a report to be prepared on the activities of ARINI, for the period from the end of the last complete financial year of ARINI to the day before the appointed day. The statement of accounts and report shall— as the Department may direct. The Institute shall, within such period after the appointed day as the Department may direct— have the statement of accounts audited by an auditor approved by the Department of Finance and Personnel; and publish that statement, together with the report of the auditor thereon and the report prepared under sub-paragraph (1)(b). Schedule 4—Repeals Art. 1(3) power fully exercised: 1.4.2006 appointed by {S.R. 2006/172}, art. 2 Art. 10 wholly in force at 1.4.2006; art. 10(2) in force for certain purposes at 17.1.2005 see art. 1(2)(e); art. 10 in force at 1.4.2006 in so far as not already in force by S.R. 2006/172, art. 2 Sch. 1 para. 20 repealed (1.4.2016) by Public Services Ombudsman Act (NorthernIreland) 2016 (c. 4), s. 64, Sch. 9