Legalize / United Kingdom / Public General Act

Justice (Northern Ireland) Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2024-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(35A) (1) In this Part references to— (a) the preparation and conduct of a person’s defence before a court or at a trial; (b) the preparation and conduct of an appeal; and (c) resisting an appeal, include preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference). (2) In Article 29, as it applies by virtue of paragraph (5) of that Article, references to free legal aid to which a person appearing or brought before the Crown Court to be dealt with is entitled include free legal aid in the preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).

Other provisions

Orders: enforcement etc.

62

After Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert the Schedule set out in Schedule 10 to this Act which makes provision about the enforcement etc. of reparation orders, community responsibility orders and youth conference orders.

Extension of youth justice system to 17 year olds

63

(1) Schedule 11 makes amendments of enactments and instruments for extending the youth justice system to 17 year olds.

(2) The Department of Justice may by order make provision amending any other enactments or instruments (whenever passed or made) for, or in connection with, extending the youth justice system to 17 year olds.

Juvenile justice centre orders for 17 year olds

64

In Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (juvenile justice centre orders for offences punishable in the case of an adult with imprisonment), after paragraph (3) insert—

(3A) A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if— (a) he will not become an adult during the period of the order; (b) he has not had a custodial sentence imposed on him within the last two years; and (c) the court, after considering a report made by a probation officer, considers that it is in his best interests to make such an order.

Consultation about detention

65

In Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment of children convicted of certain grave crimes), after paragraph (2) insert—

(2A) Before giving a direction under paragraph (1) or (2) in relation to a child who has not attained the age of 14, the Secretary of State must consult the appropriate authority.

Part 5 — Miscellaneous

Royal Arms and flags

Display of Royal Arms at courts

66

(1) The Royal Arms must not be displayed in any courtroom.

(2) But subsection (1) does not prevent the display of the Royal Arms anywhere in—

(a) the courtrooms in the Royal Courts of Justice in Belfast,

(b) the courtrooms in the Courthouse in Armagh,

(d) Court No. 1 in the Courthouse in Downpatrick,

(e) the courtrooms in the Courthouse in Magherafelt, or

(f) the courtrooms in the Courthouse in Omagh,

where they were displayed immediately before the coming into force of this section.

(3) The Royal Arms must not be displayed—

(a) on the exterior of an existing court-house, or

(b) in any other place outside an existing court-house which is used for the purposes of the court-house,

unless they were displayed there immediately before the coming into force of this section.

(4) “Existing court-house” means a court-house which is in use before the coming into force of this section.

(5) Any authorisation which would be required for the purpose of complying with this section is to be regarded as having been obtained.

(6) “Authorisation” includes any approval, consent, licence or permission (whether required by any enactment or instrument or otherwise).

Flying of flags at court-houses

67

(1) In Article 3(1) of the Flags (Northern Ireland) Order 2000 (S.I. 2000/1347 (N.I. 3)) (power to make regulations about the flying of flags at government buildings), insert at the end “and court-houses”.

(2) The Flags Regulations (Northern Ireland) 2000 (S.R. 2000 No. 347) (which were made in the exercise of that power) apply in relation to court-houses as they apply in relation to the government buildings specified in Part 1 of the Schedule to the Regulations (but subject to any amendment which may be made to the Regulations in the further exercise of that power).

Victims of crime

Information about discharge and temporary release of prisoners

68

(1) The Department of Justice must make a victim information scheme and may from time to time make a new scheme or alterations to a scheme.

(2) A victim information scheme is a scheme requiring the Department of Justice to make available information about the discharge or temporary release of persons serving sentences of imprisonment in Northern Ireland imposed in respect of the commission of offences (“imprisoned offenders”) to victims of the offences who wish to receive it.

(3) A scheme—

(a) must require that information as to the month in which it is anticipated that an imprisoned offender will be discharged is to be made available under the scheme, and

(b) must require that, unless it is not reasonably practicable to do so, the fact that the temporary release of an imprisoned offender is being considered is to be made available under the scheme.

(4) A scheme may require that other information relating to the discharge and temporary release of imprisoned offenders is to be made available under the scheme including, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released.

(5) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person who is not the actual victim of the offence but was directly affected by it is to be regarded for the purposes of the scheme as a victim of the offence (as well as any actual victim).

(6) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of the scheme as a victim of the offence (instead of an actual victim).

(7) A scheme must specify how victims are to indicate that they wish to receive information under the scheme.

(8) The Department of Justice is not required to make information available under a scheme—

(a) if the Department of Justice believes that to do so would adversely affect the well-being of the actual victim of an offence or a person who is regarded for the purposes of the scheme as being a victim of an offence by virtue of subsection (5),

(b) if the Department of Justice believes that to do so would threaten the safety of any person, or

(9) A scheme may make different provision in relation to—

(a) different descriptions of imprisoned offenders, or

(b) imprisoned offenders convicted or sentenced at different times.

(10) “Discharge” includes release—

(a) on licence, or

(b) in pursuance of a grant of remission,

(whether or not subject to conditions); and “discharged” is to be construed accordingly.

Views on temporary release

69

(1) If a person who is the victim of an offence for the purposes of a scheme under section 68 makes to the Department of Justice representations falling within subsection (2) the Department of Justice has the obligations specified in subsection (3).

(2) Representations fall within this subsection if they are to the effect that the temporary release of a person serving a sentence of imprisonment in Northern Ireland imposed in respect of the commission of the offence would threaten the safety, or otherwise adversely affect the well-being, of—

(a) the actual victim of the offence, or

(b) a person who is regarded for the purposes of the scheme as a victim of the offence by virtue of section 68(5).

(3) The Department of Justice must—

(a) have regard to the representations in deciding whether the person should be temporarily released and, if so, any conditions to which he is to be subject, and

(b) inform the victim of any such decision.

Supplementary

70

(1) In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—

(a) detained pursuant to directions ... under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), or

(b) detained in a young offenders centre as the result of an order of the Crown Court.

(2) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—

(a) include a person who, in consequence of a restricted transfer from Northern Ireland, is serving part of a sentence of imprisonment in another part of the United Kingdom, but

(b) do not include a person who, in consequence of a restricted transfer from another part of the United Kingdom, is serving part of a sentence of imprisonment in Northern Ireland.

(3) “Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).

(4) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.

(5) In subsection (4) and section 69A(3)—

“restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;

“transfer direction” has the meaning given in Article 53(2) of that Order.

(6) In section 69A(3)—

“hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;

“restriction order” has the meaning given in Article 47(1) of that Order;

“sentence of imprisonment” has the meaning given in Article 53(5) of that Order.

(7) In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.

Community safety

Community safety strategy

71

(1) The Department of Justice must devise a strategy for enhancing community safety in Northern Ireland.

(2) References in this section ... to enhancing community safety in any place are to making the place one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.

(3) The Department of Justice may from time to time devise a new strategy or make alterations to a strategy.

(4) Before devising or making alterations to a strategy the Department of Justice must consult—

(a) the First Minister and deputy First Minister,

(b) the Chief Constable of the Police Service of Northern Ireland, and

(5) The Department of Justice must publish each strategy devised by the Department and any alterations which the Department makes to a strategy (or the strategy as altered).

Local community safety partnerships

72

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Civil procedure

Constitution of Rules Committees

73

(1) In section 54(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (membership of Court of Judicature Rules Committee), for paragraphs (b) to (f) substitute—

(b) three judges of the Supreme Court nominated by the Lord Chief Justice; (c) one Master of the Supreme Court nominated by the Society of Masters; (d) two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the Department of Justice; (e) two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the Department of Justice; ... (f) two persons nominated by the Department of Justice who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors. (g) the Attorney General for Northern Ireland or a barrister or solicitor nominated by the Attorney General for Northern Ireland.

(2) In Article 46(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (membership of County Court Rules Committee), for the words from “be appointed” to the end substitute

consist of— (a) a county court judge nominated by the Lord Chancellor who shall be chairman; (b) two county court judges nominated by Her Majesty’s Council of County Court Judges; (c) one district judge nominated by the Association of District Judges; (d) two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the Department of Justice; (e) two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the Department of Justice; (f) one civil servant in the Department of Justice nominated by that Department; and (g) two persons nominated by the Department of Justice who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.

Appeals in small claims cases

74

(1) Article 30 of the County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable by district judges) is amended as follows.

(2) In paragraph (4) (cases dealt with by arbitration)—

(a) after sub-paragraph (a) insert—

(ab) any party may appeal on a question of law to a judge (not being a deputy judge) against any order, decision or determination;,

(b) in sub-paragraph (b), for the words from “by the High Court,” onwards substitute “ by the Court of Appeal, state for the determination of the Court of Appeal any question of law arising out of an award made by the district judge in dealing with the claim unless an appeal on the question has been brought under sub-paragraph (ab); ”, and

(3) After paragraph (4) insert—

(4A) An appeal under paragraph (4)(ab) shall be brought within the period of twenty-one days commencing with the date on which the order, decision or determination was made; and on such an appeal the judge— (a) has the same powers as the district judge; but (b) is not required to hold a hearing; and his decision shall be final.

Time limit for cases stated by county court

75

In Article 61(2) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (cases stated by county court judge) for “fourteen days” substitute “ twenty-one days ”.

Legal aid

Exceptional legal aid

76

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Proceedings before coroner

77

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Court Service

Power to abolish Court Service

78

(1) The Lord Chancellor may by order make provision for the transfer of the functions of the Court Service and the abolition of the Court Service.

(2) The order may make provision—

(a) for the payment by the Lord Chancellor of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the transfer of functions, or the abolition, of the Court Service, and

(b) for any other incidental, consequential, transitional or supplementary matter which appears to the Lord Chancellor to be appropriate.

(3) The provision made by the order under subsection (2) may include amendments in any enactment or instrument (whenever passed or made), including this Act.

Court security

Duty of Court Service to ensure court security

79

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Powers and duties of court security officers

80

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Protection of court security officers

81

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Part 6 — Supplementary

Excepted matters: judicial office-holders

82

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), in paragraph 11 (appointment and removal of holders of certain judicial offices)—

(a) for “appointment and removal” substitute “ determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) ”, and

(b) for “, the Chief and other Child Support Commissioners for Northern Ireland and the President and other members of the Lands Tribunal for Northern Ireland” substitute “ and the Chief and other Child Support Commissioners for Northern Ireland ”.

Reserved matters: new institutions

83

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Assembly Acts about judiciary, law officers and prosecutions

84

(1) In section 7(1) of the Northern Ireland Act 1998 (entrenched enactments), insert at the end

and (d) section 1 and section 84 of the Justice (Northern Ireland) Act 2002.

(2) A Bill containing any provision which deals (otherwise than incidentally) with—

(a) appointment to, or removal from, a protected judicial office (including the subject matter of section 19),

(b) the subject matter of section 12(1), or

may not be passed by the Assembly without cross-community support.

(3) “Cross-community support” has the meaning given by section 4(5) of the Northern Ireland Act 1998 (c. 47).

(4) “Passed”, in relation to a Bill, means passed at the final stage (at which the Bill can be passed or rejected but not amended).

Minor and consequential amendments

85

(1) Schedule 12 makes minor and consequential amendments in enactments and instruments.

(2) The Department of Justice may by order make in any other enactment or instrument (whenever passed or made) such amendments as appear to the Department of Justice to be appropriate in consequence of any provision made by Part 4.

Repeals and revocations

86

Schedule 13 makes repeals and revocations.

Commencement

87

(1) The preceding provisions of this Act (with the Schedules) shall not come into force until such day as the Secretary of State or the Department of Justice may by order appoint.

(2) An order may appoint different days for different purposes.

Interpretation

88

In this Act (unless the context otherwise requires)—

“amendment” includes repeal or revocation and “amend” is to be construed accordingly,

“coroner” and “deputy coroner” mean a coroner and deputy coroner appointed under section 2 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)),

“county court judge” means a judge appointed under section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))and “deputy county court judge” means a deputy judge appointed under section 107 of that Act,

“the Court Service” means the Northern Ireland Court Service,

“enactment” includes any provision of Northern Ireland legislation,

... “listed judicial office” and “protected judicial office” have the meanings given by section 2(5),

“Lord Chief Justice” means the Lord Chief Justice of Northern Ireland,

“Lord Justice of Appeal” means a person styled as such under section 3 of the Judicature (Northern Ireland) Act 1978 (c. 23), and

“the Northern Ireland Public Services Ombudsman” has the meaning given by the Public Services Ombudsman Act (Northern Ireland) 2016.

Transitionals and savings

89

(1) The Secretary of State or the Department of Justice may by order make any transitional provisions or savings which appear appropriate in connection with the coming into force of any provision of this Act.

(2) The persons who, immediately before the date on which section 30 comes into force, hold the offices of Director of Public Prosecutions for Northern Ireland and Deputy Director of Public Prosecutions for Northern Ireland under the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) shall be treated as if—

(a) they had been appointed to those offices under that section on that date, and

(b) the Secretary of State had made a determination under subsection (9) of that section for the making of payments to or in respect of them on and after that date on the same terms as that on which payments were so made immediately before that date.

(3) An order under subsection (1) may include provision for the transfer to the staff of the Public Prosecution Service for Northern Ireland of such persons employed by any authority wholly or mainly in connection with the exercise of functions relating to the prosecution of offences as are specified in the order.

(4) If on the coming into force of subsection (1) of section 31 it is not reasonably practicable for the Director to take over the conduct of all proceedings of the description specified in that subsection, he is under a duty to take over the conduct of only such proceedings of that description as it is reasonably practicable for him to conduct until the earlier of—

(a) the time when it is first reasonably practicable for him to take over the conduct of all proceedings of that description, and

(b) the end of the period of five years beginning with the day on which that subsection comes into force.

(5) If section 35 comes into force before section 10, the reference in subsection (2) of section 35 to a lay magistrate has effect, until section 10 comes into force, as a reference to a justice of the peace.

(6) If section 44 comes into force before section 41, subsection (1)(d) of section 44 has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

(7) If sections 45 to 49 come into force before section 29, the references in those sections to the Public Prosecution Service for Northern Ireland have effect, until that section comes into force, as references to the Office of the Director of Public Prosecutions for Northern Ireland.

(8) No order may be made under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) in relation to an offence committed before the coming into force of section 54; and no order may be made under Article 36E of that Order in relation to an offence committed before the coming into force of section 55.

(9) If section 56 comes into force before section 10, the references in Articles 44D(5) and 44F(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 56) to a lay magistrate have effect, until section 10 comes into force, as references to a justice of the peace.

(10) No reference may be made under Article 10A of the Criminal Justice (Children) (Northern Ireland) Order 1998 in relation to an offence committed before the coming into force of section 58; and no reference may be made under Article 33A of that Order in relation to an offence committed before the coming into force of section 59.

(11) If section 58 comes into force before section 41, paragraph (5)(d) of Article 10B of the Criminal Justice (Children) (Northern Ireland) Order 1998 (inserted by section 58) has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

Statutory rules

90

(1) Any power of—

(a) the Lord Chancellor,

(b) the Secretary of State, or

to make an order or a scheme (or alterations to a scheme) under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(1A) No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b), 9(4), 19(4)(b), 46(6)(a) or (b) or 72(1), (3), (7) or (8) shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(1B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (1A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

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(4) No order containing (whether or not together with other provision) provision made by virtue of section 78 shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) The following instruments—

(a) an order under section 2(2)(a) or (c),5A(6), 10(4), 12(3), 19(4)(a) or (c), ... 46(6)(c), 63(2), 72(2) or 85(2), Schedule 4 or paragraph 7(3) of Schedule 8, and

(b) a scheme (or alterations to a scheme) under section 68 or 69A,

shall, unless a draft has been approved by a resolution of the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(6) An order under section 28(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 applies accordingly.

Extent

91

(1) Subject as follows, the preceding provisions of this Act (with the Schedules) extend to Northern Ireland only.

(2) Subsection (1) does not apply to any of the following provisions—

(za) section 1,

(a) section 10(6) and paragraphs 5 and 6 of Schedule 4,

(b) section 22(1), and

and sections 87 to 90 so far as relating to those provisions.

(3) Any amendment made by this Act, apart from the repeal of sections 4 and 6 of the Promissory Oaths Act 1868 (c. 72), has the same extent as the provision to which it relates.

Financial provision

92

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

Short title

93

This Act may be cited as the Justice (Northern Ireland) Act 2002.

SCHEDULE 1

SCHEDULE 2

Members' tenure

1

(1) Subject as follows, a judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(1A) A person may not be appointed as a judicial member for more than five years at a time; and the aggregate period for which a person may be a judicial member by virtue of his holding any one of the judicial offices mentioned in section 3(6) must not exceed ten years.

(2) The Lord Chancellor, acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice.

(3) A judicial member may resign by notice in writing to the Lord Chancellor.

2

(1) Subject as follows, a non-judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(2) A person may not be appointed as a non-judicial member for more than five years at a time; and the aggregate period for which a person may be a non-judicial member must not exceed ten years.

(3) A non-judicial member may resign by notice in writing to the Lord Chancellor.

(4) The Lord Chancellor may dismiss a non-judicial member if satisfied that—

(a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him or he has become the subject of a bankruptcy restrictions order or a debt relief order has been made in respect of him or he has become the subject of a debt relief restrictions order, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) he is otherwise unable or unfit to exercise his functions.

Salary etc. of non-judicial members

3

The Commission must pay to or in respect of each non-judicial member of the Commission any such salary or allowances as the Lord Chancellor may determine.

Staff

4

(1) The Commission may employ staff, but subject to the approval of the Lord Chancellor as to—

(a) numbers,

(b) salary, and

(2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

(a) the civil service of the United Kingdom, or

(b) the civil service of Northern Ireland, ...

as it considers appropriate for or in connection with the exercise of its functions.

(2A) Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

Employment by the Northern Ireland Judicial Appointments Commission.

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Annual report

5

(1) The Commission must, as soon as possible after the end of each financial year, prepare a report on how it has exercised its functions during the financial year.

(2) Each annual report must include information about the persons who have applied to be, and the persons who have been, selected to be appointed or recommended for appointment by the Commission during the financial year to which it relates.

(3) The information to be included about any persons in an annual report must include information about their gender, age, ethnic origins and community background and the part of Northern Ireland (if any) with which they regard themselves as being most closely associated.

(4) But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained.

(5) The Commission must send a copy of each annual report to the Lord Chancellor.

(6) The Lord Chancellor must lay before the Northern Ireland Assembly a copy of each annual report received by him under sub-paragraph (5).

(7) After a copy of a report has been laid before the Northern Ireland Assembly, the Commission must arrange for it to be published.

(7A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (6) in relation to the laying of a copy of an annual report as it applies in relation to the laying of a statutory document under an enactment.

(8) In this paragraph “financial year” means—

(a) the period beginning with the day on which section 3 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Financial provisions

6

The Lord Chancellor may make grants to the Commission.

7

(1) The Commission must—

(a) keep proper accounts and proper financial records, and

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

(2) The statement of accounts must—

(a) contain such information, and

(b) be in such form,

as the First Minister and deputy First Minister acting jointly direct.

(3) The Commission must send copies of the statement of accounts relating to a financial year to—

(a) the Office of the First Minister and deputy First Minister, and

(b) the Comptroller and Auditor General for Northern Ireland,

within such period after the end of the financial year as the Office of the First Minister and deputy First Minister directs.

(4) The Comptroller and Auditor General for Northern Ireland must—

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

(b) lay a copy of the statement of accounts and of his report on it before the Northern Ireland Assembly.

(4A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

Committees and sub-committees

8

(1) The Commission may establish committees.

(2) Any committee of the Commission may establish sub-committees.

(3) A committee or sub-committee may consist of or include persons who are not members of the Commission.

(4) The Commission may pay to or in respect of any member of a committee or sub-committee who is neither a member of the Commission nor a member of staff of the Commission any such salary or allowances as the Commission may determine.

Proceedings

9

The Commission may regulate—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of its committees and their sub-committees.

10

The validity of any proceedings of the Commission, or of any of its committees or their sub-committees, is not affected by—

(a) any vacancy amongst the members, or

(b) any defect in the appointment of a member.

Delegation

11

(1) The Commission may delegate any of its functions (to such extent as it determines) to any of its committees.

(2) A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee.

12

If the function of selecting a person for appointment, or recommendation for appointment, to an office is delegated to a committee or sub-committee, the committee or sub-committee must include a member of the Commission and, unless he is a lay member, a person who is eligible to be a lay member.

Miscellaneous

13

(1) The Commission is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

14

The Commission may do anything, apart from borrowing money, which it considers is—

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

15

The application of the seal of the Commission is to be authenticated by the signature of any member, or member of staff, of the Commission who has been authorised (whether generally or specially) for the purpose.

16

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 Commission by any person who has been authorised (whether generally or specially) for the purpose.

17

A document purporting to be—

(a) duly executed by the Commission under its seal, or

(b) signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

18

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Judicial Appointments Commission.

19

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Judicial Appointments Commission.

Freedom of information

20

In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Judicial Appointments Commission.

SCHEDULE 3

Temporary High Court judges

1

This Part of this Schedule applies to a listed judicial office to which persons are appointed by Her Majesty; and “listed judicial office” is to be read accordingly.

County court judges and deputy county court judges

2

(1) Her Majesty's power to appoint a person to a listed judicial office is exercisable on the Lord Chancellor's recommendation.

(2) The Lord Chancellor's power to recommend a person for appointment to a listed judicial office is exercisable only (and must be exercised) as follows.

(3) The Commission is responsible for the selection of persons for recommendation for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process).

(4) When the Commission selects a person under sub-paragraph (3) it must notify the Lord Chancellor.

(5) The Lord Chancellor must, as soon as reasonably practicable, recommend the selected person for appointment to the office in question.

(6) The Commission must (in particular) exercise its power under sub-paragraph (3) to ensure that any vacancy in a listed judicial office is filled.

(7) Sub-paragraph (6) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

3

This Part of this Schedule applies to a listed judicial office to which persons are appointed by the Commission; and “listed judicial office” is to be read accordingly.

4

(1) The Commission is responsible for the selection of persons for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process).

(2) When the Commission selects a person under sub-paragraph (1) it must appoint the person to the office in question.

(3) The Commission must (in particular) exercise its power under sub-paragraph (1) to ensure that any vacancy in a listed judicial office is filled.

(4) Sub-paragraph (3) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

5

(1) This Part of this Schedule applies to a listed judicial office—

(a) to which Part 1 or 2 of this Schedule applies, and

(b) which (apart from this Part of this Schedule) may be held by more than one person at any time.

(2) The Commission must, with the agreement of the Department of Justice, determine the maximum number of persons who may hold the office at any time.

(3) The Commission may from time to time, with the agreement of the Department of Justice, revise the determination.

(4) A determination (or any revision) does not affect any appointments that have already been made.

6

(1) The selection under this Schedule of a person to be appointed, or recommended for appointment, to a listed judicial office must be made solely on the basis of merit.

(2) Subject to that, the Commission must at all times engage in a programme of action which complies with sub-paragraph (3).

(3) A programme of action complies with this sub-paragraph if—

(a) it is designed to secure, so far as it is reasonably practicable to do so, that appointments to listed judicial offices are such that those holding such offices are reflective of the community in Northern Ireland,

(b) it requires the Commission, so far as it is reasonably practicable to do so, to secure that a range of persons reflective of the community in Northern Ireland is available for consideration by the Commission whenever it is selecting a person to be appointed, or recommended for appointment, to a listed judicial office, and

Resident magistrates and deputy resident magistrates

7

The Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) has effect subject to the following amendments.

8

In section 9(1) (appointment of resident magistrates), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly ”.

9

In section 10(1) (appointment of deputy resident magistrates)—

(a) for “The Lord Chancellor” substitute “ The First Minister and deputy First Minister, acting jointly, ”,

(b) for “the Lord Chancellor”, in the first place, substitute “ they ”, and

(a) such terms and conditions relating to removal from office as the First Minister and deputy First Minister, acting jointly, may determine; and (b) such other terms and conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine.

10

In section 168(2) (payment of salaries), for “the United Kingdom” substitute “ Northern Ireland ”.

Coroners and deputy coroners

11

The Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect subject to the following amendments.

12

In section 1 (administration of matters relating to coroners), for “The Lord Chancellor” substitute “ Subject to the provisions of this Act, the First Minister and deputy First Minister, acting jointly, ”.

13

For section 2(1) substitute—

(1) The First Minister and deputy First Minister, acting jointly, may appoint one, or more than one, coroner and deputy coroner— (a) for such district or districts and on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and (b) on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor, after consultation with the Treasury, may determine; and the Lord Chancellor may, in exercise of his powers under section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23), appoint coroner’s officers and other officers to assist such coroners.

14

In section 3 (power to amalgamate coroners’ districts), for “Lord Chancellor, as from such date as he” substitute “ First Minister and deputy First Minister, acting jointly, as from such date as they ”.

15

In section 6(2) (inability or failure of coroner to discharge duties)—

(a) for “Lord Chancellor may in writing” substitute “ First Minister and deputy First Minister, acting jointly, may in writing ”, and

(b) for “the Lord Chancellor may specify” substitute “ they may specify ”.

Statutory officers and deputies and temporary appointments

16

The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

17

(1) Section 70 (appointment of statutory officers) is amended as follows.

(2) For subsection (1) substitute—

(1) Appointments to the offices listed in column 1 of Schedule 3 shall be made by the First Minister and deputy First Minister, acting jointly, after consultation with the Lord Chief Justice— (a) on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and (b) on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine with the concurrence of the Treasury; and persons holding such offices are in this Act referred to as “statutory officers”.

(3) In subsection (3)—

(a) for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”,

(b) for “he may” substitute “ they may jointly ”, and

(4) In subsection (5), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(5) In subsection (6), for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

18

(1) Section 74 (deputies and temporary appointments) is amended as follows.

(2) In subsection (1)—

(a) for “to the Lord Chancellor” substitute “ to the First Minister and deputy First Minister ”,

(b) for “he” substitute “ they, acting jointly, ”,

(d) for “thinks” substitute “ think ”.

(3) In subsection (3), for “Lord Chancellor otherwise directs” substitute “ First Minister and deputy First Minister, acting jointly, otherwise direct ”.

19

(1) Section 50 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (appointment of Social Security Commissioners for Northern Ireland) is amended as follows.

(2) In subsection (1)—

(a) after “time to time” insert “ , on the recommendation of the First Minister and deputy First Minister, acting jointly, ”, and

(b) for the words from “such number” to the end substitute “ other Social Security Commissioners. ”

(3) In subsection (2)—

(a) for “Lord Chancellor considers” substitute “ First Minister and deputy First Minister consider ”,

(b) for “he should” substitute “ they should ”,

(d) for “Lord Chancellor thinks” substitute “ First Minister and deputy First Minister think ”.

Chief Child Support Commissioner, Child Support Commissioners and deputy Child Support Commissioners for Northern Ireland

20

The Child Support Act 1991 (c. 48) has effect subject to the following amendments.

21

In section 23(1) (appointment of Child Support Commissioners for Northern Ireland)—

(a) after “time to time” insert “ , on the recommendation of the First Minister and deputy First Minister, acting jointly, ”, and

(b) for the words from “such number” to the end substitute “ other Child Support Commissioners. ”

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President and members of appeal tribunals

23

The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) has effect subject to the following amendments.

24

In Article 6(1) (appointment of the President of appeal tribunals), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

25

(1) Article 7 (appointment of panel of persons to act as members of appeal tribunals) is amended as follows.

(2) In paragraph (1), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In paragraph (2), for “Lord Chancellor thinks” substitute “ First Minister and deputy First Minister think ”.

(4) In paragraph (3), for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

(5) In paragraph (4), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

President and Vice President of the Industrial Tribunals and the Fair Employment Tribunal and chairmen of the Fair Employment Tribunal

29

(1) Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) (appointment of President and Vice-President of the Industrial Tribunals and the Fair Employment Tribunal and of chairmen of the Fair Employment Tribunal) is amended as follows.

(2) In paragraph (1), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In paragraph (3), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(4) In paragraph (6), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly ”.

30

The Fair Employment Tribunal Regulations (Northern Ireland) 1989 (S.R. 1989 No. 444) have effect subject to the following amendments.

31

In regulation 2(2), in the definitions of “the President” and “the Vice-President”, for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

32

In regulation 4(1) (resignation of chairmen of the Fair Employment Tribunal for Northern Ireland), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

33

In regulation 2(2) of the Fair Employment Tribunal (Rules of Procedure) Regulations 1989 (S.R. 1989 No. 445), in the definitions of “the President” and “Vice-President”, for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

President and other members of the Lands Tribunal for Northern Ireland

34

The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) has effect subject to the following amendments.

35

In section 1(2) (appointment of President and other members), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly ”.

36

In section 3(1) and (2) (appointment of deputy President and temporary members), for “Governor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

President and chairmen of Special Educational Needs Tribunal for Northern Ireland

37

(1) Article 22 of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) (appointment of President and chairmen of Special Educational Needs Tribunal for Northern Ireland) is amended as follows.

(2) In paragraph (2)—

(a) for “Lord Chancellor;” substitute “ First Minister and deputy First Minister, acting jointly; ”, and

(b) for “Lord Chancellor of” substitute “ First Minister and deputy First Minister, acting jointly, of ”.

(3) In paragraph (3)(a), for “Lord Chancellor considers” substitute “ First Minister and deputy First Minister consider ”.

(4) In paragraph (4)(b), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

Members of tribunal established under section 91 of the Northern Ireland Act 1998

38

(1) Schedule 11 to the Northern Ireland Act 1998 (c. 47) (tribunal established under section 91 of that Act) is amended as follows.

(2) In paragraph 2(1), for “Lord Chancellor as he” substitute “ First Minister and deputy First Minister, acting jointly, as they ”.

(3) In paragraph 2(3), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(4) In paragraph 3(1), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(5) In paragraph 3(4), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(6) In paragraph 4—

(a) for “Lord Chancellor” (in each place) substitute “ First Minister and deputy First Minister ”,

(b) for “he may determine” (in each place) substitute “ they may determine ”,

(d) in sub-paragraph (3), for “he may pay” substitute “ they may pay ”.

Members of the Mental Health Review Tribunal for Northern Ireland

39

(1) Schedule 3 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (Mental Health Review Tribunal for Northern Ireland) is amended as follows.

(2) In paragraph 1—

(a) for “appointed by the Lord Chancellor” (in each place) substitute “ appointed by the First Minister and deputy First Minister, acting jointly, ”, and

(b) for “Lord Chancellor considers” (in both places) substitute “ First Minister and deputy First Minister consider ”.

(3) In paragraph 2, for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(4) In paragraph 3, for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

Lay magistrates

40

This Act has effect subject to the following amendments.

41

(1) Section 9 is amended as follows.

(2) In subsections (1), (3) and (4), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In subsection (2), for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

(4) In subsection (5), for “Lord Chancellor otherwise determines” substitute “ First Minister and deputy First Minister, acting jointly, otherwise determine ”.

(5) In subsection (11)—

(a) for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”, and

(b) for “he may” substitute “ they may jointly ”.

42

(1) Section 90 is amended as follows.

(2) In subsection (2), after “2(2)(b)” insert “ or 9(4) ”.

(3) In subsection (4), omit “9(4),”.

SCHEDULE 4

Retained functions

1

(1) A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs (and is not transferred to lay magistrates).

(2) This sub-paragraph applies to—

(a) sections 79 and 80 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) (appointment and dismissal of harbour police),

(b) section 542(2) of the Merchant Shipping Act 1894 (c. 60) (declaration by marine store dealer),

(d) section 23(1) of the Government Annuities Act 1929 (c. 29) (confirmation of declaration),

(e) section 63(3) and (4) of the Foyle Fisheries Act (Northern Ireland) 1952 (c. 5 (N.I.)) (destruction or disposal of fish),

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) section 8(3) of the Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13 (N.I.)) (certificate authorising destruction or disposal of meat),

(h) section 47(1) and (2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (declaration of expenses at election),

(i) section 114(1) (certificate of fitness for dealer’s licence) and section 181(4) (certificate of fish to be destroyed or disposed of) of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)),

(j) section 57 of the Civil Aviation Act 1982 (c. 16) (appointment and swearing in of constables),

(k) section 1(2)(c) of the Ministry of Defence Police Act 1987 (c. 4) (declaration by members of Ministry of Defence police force),

(l) Article 8(3) to (7) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7)) (condemnation of food not complying with food safety requirements),

(m) Article 19(3) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/ 426 (N.I. 1)) (declaration by airport constables),

(n) section 38(1) of the Police (Northern Ireland) Act 2000 (c. 32) (attestation of constables of Police Service of Northern Ireland),

(o) section 18(2) and (3) of the Street Trading Act (Northern Ireland) 2001 (c. 8 (N.I.)) (certificate of seized items).

Shared functions

2

(1) A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs but is also to become a function of lay magistrates.

(2) This sub-paragraph applies to—

(a) section 26(1) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (power to administer oaths),

(b) Article 56(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (affidavits for use in a county court).

Functions to be exercisable only by resident magistrates

3

(1) A function of justices of the peace or magistrates’ courts under a provision to which sub-paragraph (2) applies is to be a function only of resident magistrates.

(2) This sub-paragraph applies to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Article 152 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S. I. 1981/1675 (N.I. 26)) (enforcement of orders after appeal),

(c) Articles 44 and 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (warrants of further detention).

Amendments: general

4

The Lord Chancellor may , after consultation with the Lord Chief Justice, by order amend paragraph 1(2), 2(2) or 3(2)—

(a) by adding any provision contained in any enactment or instrument passed or made before the coming into force of this Schedule, or

(b) by removing any provision.

5

The Lord Chancellor may , after consultation with the Lord Chief Justice, by order make provision amending any enactment or instrument in consequence of the provision made by section 10 or by or by virtue of the preceding provisions of this Schedule.

6

So far as may be appropriate in consequence of the provision made by section 10 or by or by virtue of this Schedule—

(a) references in any enactment or instrument to a justice of the peace (or to a justice of the peace other than a resident magistrate) may be construed as being or including a reference to a lay magistrate, and

(b) references in any enactment or instrument to a magistrates’ court may be construed as a reference to a resident magistrate or a court of summary jurisdiction.

Specific amendments

7

The references to justices of the peace in sections 13, 15, 16 and 18 of the Statutory Declarations Act 1835 (c. 62) (oaths and declarations) include lay magistrates.

8

In section 5(1) of the General Dealers (Ireland) Act 1903 (c. 44) (general dealers to produce articles and books on demand of constable authorised by a justice), for “general or special authority of a justice of the peace” substitute “ authority of a warrant issued by a lay magistrate ”.

9

In section 26(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (administration of oaths), after “upon a” insert “ lay magistrate or ”.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In section 110(2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (non-payment of compensation for unjust etc. charge of personation), for “under the hand and seal of a justice of the peace” substitute “ issued by a lay magistrate ”.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

In section 21 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (offences during suspended sentence etc.), for subsection (2) substitute—

(2) A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath. (2A) Subsection (2) does not apply to a summons or warrant issued (by virtue of section 9(12) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act.

16

The Judicature (Northern Ireland) Act 1978 (c. 23) has effect subject to the following amendments.

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

After that section insert—

(103A) (1) Any court of record in Northern Ireland having a criminal jurisdiction has, as ancillary to that jurisdiction, the power— (a) to bind over to keep the peace; or (b) to bind over to be of good behaviour, a person who or whose case is before the court by requiring him to enter into his own recognisances or to find sureties (or both) and committing him to prison if he does not comply. (2) A magistrates’ court is not to be regarded as a court of record for the purposes of subsection (1).

19

In Article 84(6) of the Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19)) (judges and justices not disqualified by being ratepayers etc.), for “and a justice of the peace” substitute “ , resident magistrate or lay magistrate ”.

20

The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) has effect subject to the following amendments.

21

In Article 2(2)(b) (meaning of “magistrates’ court”), for “justice of the peace” substitute “ lay magistrate ”.

22

(1) Article 3 (functions of justices etc.) is amended as follows.

(2) In paragraph (1)—

(a) for “justice of the peace” substitute “ lay magistrate ”, and

(b) for “justices of the peace” substitute “ lay magistrates ”.

(3) In paragraph (2)—

(a) for “justice of the peace other than a resident magistrate” substitute “ lay magistrate ”, and

(b) for “justice of the peace by the commission of the peace or” substitute “ lay magistrate ”.

23

In Article 4 (local jurisdiction of justice of the peace), for “justice of the peace” substitute “ lay magistrate ”.

24

In Articles 5 and 6 (immunity)—

(a) for “justice of the peace” substitute “ lay magistrate ”, and

(b) for “such a magistrate or justice” substitute “ a resident magistrate or a lay magistrate ”.

25

In Article 6A (costs)—

(a) for “justice of the peace” (in each place) substitute “ lay magistrate ”, and

(b) for “such a magistrate or justice” substitute “ a resident magistrate or a lay magistrate ”.

26

In Article 7 (clerk’s immunity in respect of warrant to enforce order), for “resident magistrate or other justice of the peace” substitute “ magistrates’ court ”.

27

In Article 10(1) and (1A) (defrayal of expenses)—

(a) for “or other justice of the peace” substitute “ , by a lay magistrate ”, and

(b) for “magistrate, justice” substitute “ resident magistrate, lay magistrate ”.

28

In Article 18(4) (procedure)—

(a) for “other justice of the peace” in the words preceding sub-paragraph (a) and in sub-paragraph (b) substitute “ lay magistrate ”, and

(b) for “or justice of the peace” substitute “ or lay magistrate ”.

29

In Article 42(1)(a) and (b) (reading of depositions), for “other justice of the peace” substitute “ lay magistrate ”.

30

In Article 114(2) (warrants: postponement of issue and stay of execution), insert at the end “; but a lay magistrate sitting out of petty sessions may postpone the issue of a warrant, or stay the execution of it, only if it was issued by him or another lay magistrate.”

31

In Article 126(1) (proof of service), for “other justice of the peace” substitute “ lay magistrate ”.

32

In Article 156 (validity of documents)—

(a) for “other justice of the peace” substitute “ lay magistrate ”, and

(b) for “magistrate, justice or clerk of petty sessions” substitute “ person ”.

33

In Article 158(1) (execution of warrants), for “other justice of the peace” substitute “ lay magistrate ”.

34

In Article 160(1) (misbehaviour in court), for “justice of the peace” substitute “ lay magistrate ”.

35

In paragraph 2 of Schedule 1 (matters which may be dealt with by a justice of the peace out of petty sessions), for “justice of the peace” substitute “ lay magistrate ”.

36

In Article 165(2) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/ 2405 (N.I. 19)) (affidavits etc.), for “justices” substitute “ lay magistrates ”.

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

In Schedule 2 to the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) (persons ineligible for jury service), after the entry relating to persons holding an office belonging to any court of justice in Northern Ireland insert—

Lay magistrate.

39

In section 9(5) of the Human Rights Act 1998 (c. 42) (judicial acts), in the definition of “judge”, after “a justice of the peace” insert “ (or, in Northern Ireland, a lay magistrate) ”.

40

In section 81(1) of the Regulation of Investigatory Powers Act 2000 (c. 23) (interpretation), after the definition of “interception warrant” insert—

“justice of the peace” does not include a justice of the peace in Northern Ireland;

SCHEDULE 5

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

1

In section 102(2) and (4) of the County Courts Act (Northern Ireland) 1959 (county court judges to sit in accordance with directions and to be assigned to divisions), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))

2

In section 9(3) and (5) of the Magistrates’ Courts Act (Northern Ireland) 1964 (resident magistrates to sit in accordance with directions and to be assigned to districts), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

Judicature (Northern Ireland) Act 1978 (c. 23)

3

The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

4

In section 7(1) and (2) (request to serving or retired law lord or retired judge of Court of Appeal or High Court to sit as judge of Court of Appeal or High Court and request to county court judge to sit as judge of High Court), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

5

(1) Section 47 (Crown Court: directions as to judges and sittings) is amended as follows.

(2) In subsection (2)—

(a) for “Lord Chancellor”, in the first place, substitute “ Lord Chief Justice ”, and

(b) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

(3) In subsection (3), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

6

In section 48(1)(c) (magistrates’ court to have regard to directions under section 47(2) when committing person for trial), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

7

In section 53(1)(c) and (d) (membership of Crown Court Rules Committee), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

8

In section 58(2) (directions as to places outside Royal Courts of Justice at which High Court and Court of Appeal sit and conduct business), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

9

In section 60(1) (power to designate officer to exercise jurisdiction in relation to taxation of costs), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

10

In section 68(2)(b) and (4) (directions as to discharge of functions by statutory officers), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

11

In section 75(2)(b) (directions conferring or imposing functions on Official Solicitor), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

12

The County Courts (Northern Ireland) Order 1980 has effect subject to the following amendments.

13

In Article 4 (directions as to holding of courts), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

14

In Article 5 (directions authorising sittings otherwise than in courthouses), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

15

(1) Article 6 (appointment of days for holding of ordinary sittings) is amended as follows.

(2) In paragraph (1), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3) In paragraph (2), for “Lord Chancellor shall consult the Lord Chief Justice and” substitute “ Lord Chief Justice shall consult ”.

16

In Article 7(1) and (2) (additional and extraordinary sittings), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

17

In Article 46(1)(a) (chairman of County Court Rules Committee) (as substituted by section 73 of this Act), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

18

In Article 56(1) (swearing of affidavits before designated court officer), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

19

In Article 58 (furnishing of information by certain officers), insert at the end “and furnish to the Lord Chief Justice such information as may be prescribed or required by the Lord Chief Justice.”

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

20

The Magistrates’ Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

21

In Article 12(a) (petty sessions to be held in courthouse unless otherwise directed), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

22

(1) Article 13 (Magistrates’ Courts Rules) is amended as follows.

(2) In paragraph (2), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3) In paragraph (5), after “member of the committee” insert “ as the Lord Chief Justice shall designate. ”

23

In Article 15(2) (assignment of matters to juvenile courts by rules), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

24

(1) Article 360 of the Insolvency (Northern Ireland) Order 1989 (committee to review insolvency rules) is amended as follows.

(2) In paragraph (1), for “continue to be a committee appointed by the Lord Chancellor” substitute “ be a committee appointed by the Lord Chief Justice ”.

(3) In paragraph (2)(f), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

25

(1) Paragraph 2 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (Northern Ireland Family Proceedings Rules Committee) is amended as follows.

(2) In sub-paragraph (c), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

(3) In sub-paragraph (f), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

SCHEDULE 6

SCHEDULE 7

Assembly Bills

1

(1) The Northern Ireland Act 1998 has effect subject to the following amendments.

(2) In section 11(1) (power of Attorney General for Northern Ireland to refer question whether Bill would be within legislative competence of Northern Ireland Assembly), after “The” insert “ Advocate General for Northern Ireland or the ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 14(2)(a) (no submission for Royal Assent where Attorney General for Northern Ireland entitled to make a reference under section 11), insert at the beginning “the Advocate General for Northern Ireland or”.

Devolution issues

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