Justice (Northern Ireland) Act 2002

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

• (c) it is for the time being approved by the Commission for the purposes of this Schedule.

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

• (c) for the words from “such conditions” to the end substitute—

(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

• (c) for “he considers” substitute “ they consider ”.

• (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, ”,

• (c) for “as the Lord Chancellor” substitute “ as they ”, and

• (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 ”.

Chief Social Security Commissioner, Social Security Commissioners and deputy Social Security Commissioners for Northern Ireland

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 ”,

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

• (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

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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, ”.

Chairmen of Social Care Tribunals in Northern Ireland

26

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27

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28

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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 ”,

• (c) in sub-paragraph (2), for “he thinks fit” substitute “ they think fit ”, and

• (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),

• (c) section 6(2A) of the Game Preservation Act (Northern Ireland) 1928 (c. 25 (N.I.)) (destruction of game),

• (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

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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

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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

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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

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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

2

• (1) Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows.

• (2) In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)—

• (a) in sub-paragraph (1), for “or defended by the Attorney General” substitute “ by the Advocate General for Northern Ireland ”, and

• (b) in sub-paragraph (2), for “First Minister and the deputy First Minister acting jointly” substitute “ Attorney General for Northern Ireland ” and insert at the end “ instituted by the Advocate General for Northern Ireland ”.

• (3) In paragraph 5 (notice of such proceedings), for “Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”.

• (4) In paragraph 13 (notice), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

• (5) In paragraph 23 (intimation), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

• (6) In paragraphs 33 and 34 (direct references to Judicial Committee), for “the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly” substitute “ the Advocate General for Northern Ireland, the Attorney General for Northern Ireland ”.

• (7) In paragraph 35(4) (no exercise of function pending decision on reference), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

3

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

4

In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in—

• (a) paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),

• (b) paragraph 26 (notice of such proceedings), and

• (c) paragraphs 33 and 34 (direct references to Judicial Committee),

for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Human rights

5

In section 71(2) of the Northern Ireland Act 1998 (c. 47) (law officers able to rely on Convention rights under that Act even though not victim), after “to the Attorney General,” insert “ the Advocate General for Northern Ireland, ”.

6

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

7

In section 100(2) of the Scotland Act 1998 (similar provision in relation to that Act), after “, the Attorney General” insert “ , the Advocate General for Northern Ireland ”.

Varying retrospective decisions

8

In section 81(7) of the Northern Ireland Act 1998 (notice of intention to vary retrospective decision to be given to the appropriate authority), for “First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and ”.

9

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

10

In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Suspension of devolved government

11

• (1) Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows.

• (2) In sub-paragraph (1), after paragraph (c) insert—

(ca) any functions of the Attorney General for Northern Ireland may be discharged by the Advocate General for Northern Ireland;

.

• (3) In sub-paragraph (2)—

• (a) after “Minister” insert “ or the Attorney General for Northern Ireland ”, and

• (b) after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

• (4) In sub-paragraphs (3), (5) and (6), after “Minister” insert “ or the Attorney General for Northern Ireland ”.

Acting as Attorney General for Northern Ireland during vacancy

12

The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland about any arrangements they propose to make for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.

Consultation about appointment of Attorney General for Northern Ireland

13

The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland before appointing a person to be Attorney General for Northern Ireland.

Crown Solicitor

14

• (1) Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows.

• (2) In subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland ”.

• (3) In subsection (2), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Chief Inspector of Criminal Justice

15

Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.

16

• (1) Section 47 (functions: consultation and consent requirements etc.) is amended as follows.

• (2) In subsection (1), after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

• (3) In subsection (2), after “Secretary of State,” insert—

(aa) the Advocate General for Northern Ireland,

.

• (4) In subsection (5), after “consent of” insert “ the Advocate General for Northern Ireland and ”.

17

In section 49(5) (copies of reports relating to Public Prosecution Service), after “copy of it to” insert “ the Advocate General for Northern Ireland and ”.

Life sentence prisoners' representatives

18

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

Special advocates

19

In section 91(7) of the Northern Ireland Act 1998 (c. 47) (appointment of person to represent interests of party to proceedings before Tribunal under that section), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

20

In paragraph 7(2) of Schedule 2 to the Northern Ireland (Sentences) Act 1998 (c. 35) (appointment of person to represent prisoner’s interests in proceedings of Sentence Review Commissioners from which he and his representative are excluded), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Scheduled offences

21

The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.

22

In section 72(2)(b) (regulations providing for time limits to cease to have effect where Attorney General for Northern Ireland certifies that offence is not to be treated as scheduled offence), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

23

In Schedule 9 (certification that offence is not scheduled offence), in Notes 1 and 2 in Part 1, and in the Note in Part 3, for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Consent to prosecution

24

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

25

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

26

In section 1(3) of the Genocide Act 1969 (c. 12) (proceedings for genocide), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

27

In section 2(1) of the Biological Weapons Act 1974 (c. 6) (proceedings for offence of contravening section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

28

In section 11 of the Criminal Jurisdiction Act 1975 (c. 59) (proceedings for extra-territorial offences), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

29

In section 2(1) of the Internationally Protected Persons Act 1978 (c. 17) (proceedings for offence which is an offence by virtue only of section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

30

In section 3(1) of the Nuclear Material (Offences) Act 1983 (c. 18) (proceedings for offence which is an offence only by virtue of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

31

In section 135 of the Criminal Justice Act 1988 (c. 33) (proceedings for offence of torture), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

32

In section 9(1) of the Official Secrets Act 1989 (c. 6) (proceedings for offence under that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

33

In Article 8(11) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 (S.I. 1990/1651) (as substituted by the Iraq and Kuwait (United Nations Sanctions) (Second Amendment) Order 1990 (S.I. 1990/2144)) (proceedings for offence under that Order), for “Attorney General for Northern Ireland or” substitute “ Advocate General for Northern Ireland or the Attorney General for ”.

34

In section 31(1) of the Chemical Weapons Act 1996 (c. 6) (proceedings for offence under section 2 or 11 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

35

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

36

In—

• (a) section 55 (proceedings for offence under section 47 or 50), and

• (b) section 81(1) (proceedings for offence under section 79 or 80),

of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

37

Section 33 of this Act applies in relation to the giving of consent by the Advocate General for Northern Ireland as in relation to the giving of consent by the Director of Public Prosecutions for Northern Ireland.

SCHEDULE 8

Chief Inspector’s tenure

1

• (1) Subject as follows, the Chief Inspector holds office in accordance with the terms of his appointment (or re-appointment).

• (2) The Chief Inspector must not be appointed for more than five years at a time.

• (3) The Chief Inspector may resign by notice in writing to the Department of Justice.

• (4) The Department of Justice may dismiss the Chief Inspector 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 is 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 Chief Inspector

2

• (1) The Department of Justice must pay to or in respect of the Chief Inspector such—

• (a) salary,

• (b) allowances, and

• (c) sums for the provision of pensions,

as the Department of Justice determines.

• (1A) If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 becomes the Chief Inspector, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

3

• (1) The Chief Inspector may employ staff, but subject to the approval of the Department of Justice as to—

• (a) numbers,

• (b) salary, and

• (c) other terms of employment.

• (2) The Chief Inspector may make arrangements for securing the provision to him of such assistance by persons employed in—

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

• (b) the civil service of Northern Ireland,

as he considers appropriate for or in connection with the exercise of his functions.

• (2A) Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation 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 Chief Inspector of Criminal Justice in Northern Ireland

.

• (2B) The Chief Inspector must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

• (3) Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of “Other Bodies” insert—

Employment by the Chief Inspector of Criminal Justice in Northern Ireland.

• (4) The Chief Inspector must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual report

4

• (1) The Chief Inspector must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

• (1A) The Chief Inspector must send a copy of each annual report to the Department of Justice.

• (1B) In this paragraph “protected information” means information the inclusion of which in a report under sub-paragraph (1) would be against the public interest on the ground of national security.

• (1C) If it appears to the Secretary of State that a report in compliance with sub-paragraph (1) may contain protected information (or once completed may contain protected information), the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).

• (1D) If it appears to the Chief Inspector that a report in compliance with sub-paragraph (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under sub-paragraph (1C), the Chief Inspector must refer the report to the Secretary of State.

• (1E) The Secretary of State must, within the period of 30 days after the date of a referral under sub-paragraph (1C) or (1D), or within such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the Secretary of State’s opinion, the report contains any protected information.

• (1F) Where the Secretary of State has required that a report be referred to the Secretary of State under sub-paragraph (1C) or the Chief Inspector is required to refer a report to the Secretary of State under sub-paragraph (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—

• (a) in accordance with sub-paragraph (1G), or

• (b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

• (c) after the period mentioned in sub-paragraph (1E) has expired without any notification being given by the Secretary of State.

• (1G) Where the Secretary of State informs the Chief Inspector under sub-paragraph (1E) that, in the Secretary of State’s opinion, a report contains protected information—

• (a) the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;

• (b) the Chief Inspector must exclude that information from the report;

• (c) the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);

• (d) the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

• (1H) When the Chief Inspector sends a report to the Department of Justice under sub-paragraph (1A) from which information has been excluded under sub-paragraph (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.

• (1I) Where a report is received by the Department of Justice under sub-paragraph (1A), it must—

• (a) lay a copy of it before the Northern Ireland Assembly, and

• (b) arrange for it to be published.

• (1J) But the Department of Justice may exclude a part of a report from the copy so laid or published if, in its opinion, the laying or publication of the part—

• (a) would be against the public interest, or

• (b) might jeopardise the safety of any person.

• (1K) If the Department of Justice excludes a part of a report from laying or publication, it must lay or publish with the report a statement that it has been excluded.

• (1L) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraphs (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this paragraph “financial year” means—

• (a) the period beginning with the day on which section 45 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

5

The Department of Justice may make grants to the Chief Inspector.

6

• (1) The Chief Inspector 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 Department of Justice directs.

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

• (a) the Department of Justice, and

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

within such period after the end of the financial year as the Department of Justice 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)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

• (5) In this paragraph “financial year” has the same meaning as in paragraph 4.

Delegation of functions

7

• (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to—

• (a) any member of his staff,

• (b) any person providing assistance by virtue of paragraph 3(2), or

• (c) the holder of any office within sub-paragraph (2).

• (2) Those offices are—

• (a) Her Majesty’s Inspector of Constabulary,

• (b) Her Majesty’s Chief Inspector of Prisons, . . .

• (c) Her Majesty’s Chief Inspector of the Crown Prosecution Service and,

• (d) Her Majesty’s Chief Inspector of the National Probation Service in England and Wales.

• (3) The Department of Justice may by order amend sub-paragraph (2) by—

• (a) adding an office,

• (b) omitting an office, or

• (c) altering the description of an office.

• (4) If the carrying out of an inspection or review is delegated under this paragraph it is nevertheless to be regarded for the purposes of sections 46 to 49 as carried out by the Chief Inspector.

Inspections of Police Service

8

• (1) Before an inspection of the Police Service of Northern Ireland or Police Service of Northern Ireland Reserve is carried out under section 46, the Chief Inspector must inform those of Her Majesty’s Inspectors of Constabulary who have been appointed under section 41(1) of the Police (Northern Ireland) Act 1998 (c. 32) as inspectors of constabulary for Northern Ireland.

• (2) If those inspectors notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must delegate its carrying out to them under paragraph 7.

• (3) If those inspectors do not notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must, before the inspection or review is carried out, consult the Department of Justice with a view to obtaining the Department’s approval of the inspection which it is proposed to carry out.

Miscellaneous

9

The Chief Inspector is a corporation sole.

10

• (1) The Chief Inspector 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 Chief Inspector’s property is not to be regarded as property of, or held on behalf of, the Crown.

11

The Chief Inspector may do anything, apart from borrowing money, which he considers is—

• (a) appropriate for facilitating, or

• (b) incidental or conducive to,

the exercise of his functions.

12

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

13

A document purporting to be—

• (a) duly executed by the Chief Inspector under his seal, or

• (b) signed on his behalf,

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

Disqualification

14

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

Chief Inspector of Criminal Justice in Northern Ireland.

15

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

Chief Inspector of Criminal Justice in Northern Ireland.

Freedom of information

16

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 Chief Inspector of Criminal Justice in Northern Ireland.

SCHEDULE 9

Commissioners' tenure

1

• (1) Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment).

• (2) A person may not be appointed as a Commissioner for more than five years at a time.

• (3) A Commissioner may resign by notice in writing to the Department of Justice.

• (4) The Department of Justice may dismiss a Commissioner 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 is 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.

Commissioners holding judicial office

2

• (1) A person who holds judicial office may be appointed as a Commissioner without relinquishing that office.

• (2) But he is not, unless the terms of his appointment provide otherwise, required to perform the duties of his judicial office while he is a Commissioner.

Salary etc. of Commissioners not holding full-time judicial office

3

• (1) The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such—

• (a) salary,

• (b) allowances,

• (c) fees, or

• (d) sums for the provision of pensions,

as the Department of Justice may determine.

• (1A) If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 becomes a Commissioner, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment.

• (1B) The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (1A).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Staff

4

• (1) The Commission may employ staff, but subject to the approval of the Department of Justice as to—

• (a) numbers,

• (b) salary, and

• (c) other terms of employment.

• (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, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 Law Commission.

• (2B) The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions

5

The Department of Justice may make grants to the Commission.

6

• (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 Department of Justice directs.

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

• (a) the Department of Justice, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

within such period after the end of the financial year as the Department of Justice directs.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this paragraph “financial year” means—

• (a) the period beginning with the day on which section 50 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.

Miscellaneous

7

The exercise by the Commission of its functions is not affected by—

• (a) any vacancy among the Commissioners, or

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

8

• (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.

9

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.

10

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

11

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.

12

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

13

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 Law Commission.

14

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 Law Commission.

Freedom of information

15

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 Law Commission.

SCHEDULE 10

The Schedule to be inserted after Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) ia as follows—

SCHEDULE 11

Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))

1

In section 2(1A) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs ordered by magistrates’ court to be paid by person under 17 not to exceed amount of fine imposed on him), for “seventeen” substitute “ eighteen ”.

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

2

In section 9(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (remand and committal of persons between 17 and 21), for “seventeen” substitute “ eighteen ”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

3

In Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders)—

• (a) in sub-paragraph (a), for “seventeen” substitute “ eighteen ”, and

• (b) in the heading of Table A, for “17” substitute “ 18 ”.

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

4

In Article 45(4) of the Magistrates’ Courts (Northern Ireland) Order 1981 (summary trial of persons 17 or over), for “seventeen” substitute “ eighteen ”.

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

5

In Article 13(1) of the Treatment of Offenders (Northern Ireland) Order 1989 (removal to young offenders centre of persons between 17 and 21), for “17” substitute “ 18 ”.

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))

6

In Article 14(11) of the Criminal Justice (Northern Ireland) Order 1994 (compensation to be paid under compensation order made against offender under 17 not to exceed £1,000), for “17” substitute “ 18 ”.

Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24))

7

The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

8

In Article 5(9) (conditional discharge in case of offender under 17: exercise of powers once 17 or over), for “17” (in both places) substitute “ 18 ”.

9

In Article 6(2) (effect of discharge where offender 17 or over), for “17” substitute “ 18 ”.

10

In Article 7(1)(b) (power to require offender between 14 and 17, or his parent or guardian, to give security for good behaviour of offender), for “17” substitute “ 18 ”.

11

In Article 9(5) (court not to dispense with need for pre-sentence report before passing community sentence on person under 17 unless it relies on previous report), for “17” substitute “ 18 ”.

12

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

13

In Article 29(4)(c) (fixing of fine where parent or guardian of offender under 17 has failed to comply with financial circumstances order etc.), for “17” substitute “ 18 ”.

14

In Article 31(3) (false statements as to financial circumstances in cases where persons charged are under 17), for “17” substitute “ 18 ”.

15

In Article 34(2) (copy of report of probation officer to be given to parent or guardian of offender under 17), for “17” substitute “ 18 ”.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

16

The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

17

In Article 2(2) (interpretation), in the definitions of “adult” and “child”, for “17” substitute “ 18 ”.

18

In Article 30(2) and (3) (powers of youth court where child becomes an adult), for “17” substitute “ 18 ”.

19

In Article 45 (punishment of certain grave crimes)—

• (a) in paragraph (1), for “under the age of 18” substitute “ a child ”,

• (b) in paragraphs (4) and (5), for “person” substitute “ child ”, and

• (c) in paragraph (6), for “person will, in the opinion of the Secretary of State, attain the age of 18” substitute “ child will, in the opinion of the Secretary of State, become an adult ”.

20

In Article 53 (parental responsibility for children in juvenile justice centres), for “person detained by the managers of a juvenile justice centre is under the age of 18” substitute “ child is being detained by the managers of a juvenile justice centre ”.

21

In Article 54 (escapes from juvenile justice centres)—

• (a) in paragraph (1), for “under the age of 18” substitute “ still a child ”,

• (b) omit paragraph (3)(b), and

• (c) in paragraph (4), for “paragraph (3)(b)(ii) or (c)” substitute “ paragraph (3)(c) ”.

Terrorism Act 2000 (c. 11)

22

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

23

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

24

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

SCHEDULE 12

Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))

1

Section 18(3) of the Criminal Justice Act (Northern Ireland) 1945 (prosecution of offences against a corporation) shall continue to have effect with the substitution (originally made by Article 10 of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))) of “an indictment has been presented” for the words from “a grand jury” to “a true Bill”.

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

2

Section 20(3) of the Interpretation Act (Northern Ireland) 1954 (offences by bodies corporate) shall continue to have effect with the substitution (originally made by Article 9(3) of the Prosecution of Offences (Northern Ireland) Order 1972) of “except by or with the consent of the Attorney-General or the Director of Public Prosecutions for Northern Ireland” for “except upon the direction of the Attorney-General”.

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

3

The County Courts Act (Northern Ireland) 1959 has effect subject to the following amendments.

4

• (1) Section 102 (appointment and assignment of judges) is amended as follows.

• (2) In subsection (4) (assignment of one judge to each division), for “one judge” substitute “ one or more judges ”.

• (3) In subsection (5) (judge assigned to Belfast or Londonderry to be Recorder), after “judge” insert “ , or (if more than one) one of the judges, ”.

5

In section 106(2) (salary payable to judge from date on which he takes the oaths required by section 105(3)), for “oaths required by section 105(3)” substitute “ required oath or makes the required affirmation and declaration ”.

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

6

Sections 73, 96, 97, 106(1) and 120 of, and paragraph 12 of Schedule 8 to, the Electoral Law Act (Northern Ireland) 1962 (prosecution of offences disclosed on election petitions) shall continue to have effect with the substitution (originally made by Article 9(1) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) of “The Director of Public Prosecutions for Northern Ireland” for “The Chief Crown Solicitor”.

Law Commissions Act 1965 (c. 22)

7

The Law Commissions Act 1965 has effect subject to the following amendments.

8

In section 1(1) (purpose of Law Commission), after “of the law” insert “ of England and Wales ”.

9

In section 3(4) (duty of Law Commission and Scottish Law Commission to consult each other), insert at the end “ and the Northern Ireland Law Commission ”.

Administration of Justice Act 1973 (c. 15)

10

The Administration of Justice Act 1973 has effect subject to the following amendments.

11

In section 9(5) (judicial salaries), after “Salaries payable” insert “ under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable ”.

12

In section 12(1) (retirement of higher judiciary in event of incapacity), after “Northern Ireland” insert “ (other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies) ”.

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

13

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

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

14

In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders), after sub-paragraph (b) insert—

(ba) a custody care order under Article 44A of that Order of 1998;

.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

15

• (1) Section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal to Court of Appeal) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), after “1996” insert “ or a youth conference order ”, and

• (b) in paragraph (b), after “community order” insert “ or the youth conference order ”.

• (3) In subsection (3)(c), for “paragraph 4(1)(a)” substitute “ paragraph (a), or against whom an order is made under paragraph (b) or (c), of paragraph 4(1) ”.

• (4) After that subsection insert—

(3A) A person may appeal to the Court of Appeal against a decision under paragraph 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) not to revoke an order which is in force with respect to him; and on such an appeal the Court of Appeal may do anything which the Crown Court could do under that paragraph. (3B) A person may appeal to the Court of Appeal against the dismissal of an application to the Crown Court under paragraph 5 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) to make an order under sub-paragraph (1) of that paragraph.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

16

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 has effect subject to the following amendments.

17

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

18

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

19

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

20

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

21

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

22

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

23

In Article 28(2) (free legal aid in the magistrates’ court: representation by counsel), for “proceedings” substitute “ defence ”.

24

In Article 31 (resolution of doubts), after “28,” insert “ 28A, ”.

25

In Article 32 (statements for purposes of free legal aid), after “28,” insert “ 28A, ”.

26

In Article 36(3) (rules about free legal aid in criminal proceedings), after sub-paragraph (b) insert—

(bb) the form for the purpose of Article 28A(2)(a);

.

27

In Article 39 (interpretation of Part 3)—

• (a) after the definition of “the certifying authority” insert—

“child” has the meaning given in Article 2(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9); “court-ordered youth conference” has the meaning assigned to that expression by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;,

• (b) in the definition of “criminal aid certificate” after “28(1),” insert “ 28A(3), ”, and

• (c) after that definition insert—

• “diversionary youth conference” has the meaning assigned to that expression by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

28

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

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

29

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

30

In Article 47(6) (period of remand), after “1998” insert

; and (ba) a custody care order within the meaning of that Order.

31

• (1) Article 140 (appeals to county court) is amended as follows.

• (2) In paragraph (2), for “made on conviction,” substitute “ passed on the person for the offence, whether on conviction or in subsequent proceedings, ”.

• (3) After that paragraph insert—

(2A) A person may appeal to a county court against— (a) a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24); (b) the dismissal of an application under Part 3 or 4 of that Schedule; (c) a fine imposed, or an order made, under Article 41(2) or 44F(3) or (4) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9); (d) an order made under Article 44C(3)(a) or 54(3)(a) of that Order; (e) an order made under paragraph 3 of Schedule 1A to that Order; or (f) the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph.

Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))

32

The Child Abduction (Northern Ireland) Order 1985 has effect subject to the following amendments.

33

In Article 3(7) (application of offence of abduction of child in care or subject to certain orders) insert at the end “or a custody care order.”

34

• (1) Paragraph 4 of the Schedule (modifications of Article 3 for children in certain cases) is amended as follows.

• (2) In sub-paragraph (1), after “order” insert “ or a custody care order ”.

• (3) In sub-paragraph (2)(a)—

• (a) after “consent of” insert “ , in the case of a juvenile justice centre order, ”, and

• (b) after “juvenile justice centre” insert “ or, in the case of a custody care order, the appropriate authority within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998 ”.

• (4) In sub-paragraph (3), insert at the end “ and “custody care order” has the same meaning as in Article 44A of that Order. ”

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4))

35

The Mental Health (Northern Ireland) Order 1986 has effect subject to the following amendments.

36

In Article 44(8) (orders which can be made in conjunction with hospital or guardianship orders), for the words from “including” to the end substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998. ”

37

In Article 50A(7) (remitting persons for trial following detention in hospital)—

• (a) after sub-paragraph (d) insert

; or (e) to secure accommodation;

, and

• (b) for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.

38

In Article 53(5)(a) (removal to hospital of certain persons serving sentences of imprisonment), for the words from “including” to “juvenile justice centre” substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9) ”.

39

• (1) Article 56 (further provision as to prisoners under sentence) is amended as follows.

• (2) In paragraph (1)—

• (a) for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”, and

• (b) in sub-paragraph (b), after “juvenile justice centre” insert “ or the authority providing the secure accommodation ”.

• (3) In paragraph (3), for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.

40

• (1) Article 61 (interpretation) is amended as follows.

• (2) In paragraph (1A)—

• (a) for “means any juvenile justice centre,” substitute “ means any young offenders centre, any juvenile justice centre, any secure accommodation, ”, and

• (b) insert at the end “ ; and in this paragraph “young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)). ”

• (3) After paragraph (1A) insert—

(1B) In this Part “secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)) for the purpose of restricting liberty.

Criminal Justice Act 1988 (c. 33)

41

In paragraph 12 of Schedule 3 to the Criminal Justice Act 1988 (reviews of sentencing: supplementary), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

42

The Police and Criminal Evidence (Northern Ireland) Order 1989 has effect subject to the following amendments.

43

• (1) Article 2(2) (interpretation) is amended as follows.

• (2) After the definition of “items subject to legal privilege” insert—

“juvenile justice centre” has the same meaning as in the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

• (3) After the definition of “recordable offence” insert—

“secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995) for the purpose of restricting liberty;

.

• (4) At the end insert—

“young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));

.

44

In Article 2(5) (definition of “custodial establishment”), after “juvenile justice centre” insert “ , secure accommodation ”.

45

In Article 19(1)(ca) (entry for purpose of arrest), after “juvenile justice centre” insert “ or secure accommodation ”.

46

In Article 39(8) (place of safety), for “means any juvenile justice centre,” substitute “ means any young offenders centre, any juvenile justice centre, any secure accommodation, ”.

Child Support Act 1991 (c. 48)

47

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

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

48

In Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992, in paragraph 1(1)(b) (exclusion of entitlement to child benefit for children in detention, care, etc.), after “juvenile justice centre” insert “ or kept in secure accommodation under a custody care order ”.

Criminal Appeal Act 1995 (c. 35)

49

• (1) Section 22 of the Criminal Appeal Act 1995 (meaning of public body etc.) is amended as follows.

• (2) In subsection (3)(a), for “Office of the Director of Public Prosecutions for Northern Ireland” substitute “ Public Prosecution Service for Northern Ireland ”.