Schedules Schedule 2: The Commissioner for Survivors of Institutional Childhood Abuse
The Commissioner has an independent legal status distinct from the sponsoring department of The Executive Office and permits the post to pass from one Commissioner to the next successor-in-office. The Commissioner would not be regarded as a servant or agent of the Crown and would not enjoy any status, immunity or privilege of the Crown. Arrangements for the Commissioner reflect those for other statutory bodies and Commissions.
	Paragraph 2 provides the Commissioner with a general power to do anything related to his or her functions, unless it is specifically prohibited within this or other legislation. The Commissioner will be enabled to co-operate with other bodies in the UK and elsewhere. This will enable the Commissioner to build relationships, avoid duplication and cooperate well with other bodies in order to provide a strategic approach to addressing those issues of interest to or affecting victims and survivors.
	The term of office for the Commissioner will be for 5 years with the opportunity for reappointment for one further term only. The Commissioner can be removed from office by the Executive Office on the grounds of misconduct or incapacity including specifically if the Commissioner has been convicted of a criminal offence, become bankrupt, failed to discharge his or her functions for a continuous period of 3 months, or become unable or unfit to carry out his or her functions.
	The Commissioner is a full-time salaried appointment funded by TEO. Importantly, there is no compulsory retirement age for the Commissioner. This paragraph also makes provision for the payment of compensation, under special circumstances, to a person who no longer holds office as Commissioner.
	The Commissioner has the power to employ staff as he or she considers necessary, subject to the approval of TEO as to numbers.
	The Commissioner has the power to delegate his or her role of Commissioner and any or all of his or her accompanying functions to a member of staff within the Commission.
	The Commissioner's signature or that of his or her authorised staff authenticates or forms the seal of the Commissioner's office on any documentation.
	Any document signed by the Commissioner or that of his or her staff (i.e. with the 'Seal' of the Commissioner's office) will be permissible as documentary evidence in a court of Law/Judicial or administrative proceedings.
	Paragraph 9 allows property, for example the offices of the Commissioner, to be transferred to his/her successor.
	The Commissioner's office is to receive funds through the standard procedures for all non-Departmental public bodies and office holders in Northern Ireland. Annual grants to the Commissioner will form part of the TEO budget and the Commissioner would be invited to submit a budget bid to the Department for each financial year.
	This paragraph sets out the arrangements for the financial accountability and audit requirements for the Commissioner's office. The Commissioner is required to keep proper accounting records and to prepare an annual financial statement of accounts in accordance with directions given by The Executive Office and in keeping guidance from the Department of Finance. The Commissioner's office is required to submit the annual statement of accounts, by financial year, to both the Office and to the Comptroller and Auditor General for examination, who will then report back on the statement of accounts to the Office. The Executive Office will be responsible for laying a copy of the annual statement of accounts and the Comptroller and Auditor General's report on these before the Assembly.
	The Commissioner is required to report back annually to the appointing authority, that is to the Executive Office, on how he/she is carrying out the role of Commissioner and on the use of the financial resources at his or her disposal. This report should contain details of the steps taken by the Commissioner that year to comply with his or her duties, to make HIA victims and survivors aware of his or her functions, the location of the office and how HIA victims and survivors can communicate with the Commissioner, and the Commissioner's monitoring of specialist facilities as per section 7. TEO is required to lay a copy of the annual report before the Assembly.
	The Commissioner is required to report back annually to the Executive Office, on how he or she is carrying out the role of Commissioner and on the use of the financial resources at his or her disposal. The Executive Office is required to lay a copy of the annual report before the Assembly.
	This paragraph adds the Commissioner to The Northern Ireland Assembly Disqualification Act (1975), so ensuring that the Commissioner and any member of his or her staff (once in post) cannot also hold membership of the Northern Ireland Assembly.
	The Commissioner is added to Schedule 1 to the Freedom of Information Act 2000 and so is bound by its requirements, including the obligation to provide information through a publication scheme and in response to requests made under the general right of access. However the same exemptions (e.g. regarding personal data and information provided in confidence) will apply as with other public bodies.
	This paragraph ensures that the Commissioner is added to the list of bodies that are subject to investigation by the Public Services Ombudsman in Northern Ireland. The principal purpose of the Ombudsman is to investigate alleged maladministration in government or public bodies. Further, the Commissioner would also be automatically bound by the statutory equality duty set out in section 75 of the Northern Ireland Act 1998, which requires public authorities to have due regard to the need to promote equality of opportunity and good relations. Inclusion in the Public Services Ombudsman Act also brings the Commissioner under the Commissioner for Public Appointments who will then regulate, monitor and report on the appointment process of the Commissioner.