Justice (Northern Ireland) Act 2002

• (3) In subsection (4)(c), for “Office of the Director of Public Prosecutions for Northern Ireland, that Director” substitute “ Public Prosecution Service for Northern Ireland, the Director of Public Prosecutions for Northern Ireland ”.

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

50

The Children (Northern Ireland) Order 1995 has effect subject to the following amendments.

51

In Article 70(7) (provisions which do not apply to those providing refuges for children at risk), after sub-paragraph (b) insert—

(bb) Article 44C(5) of that Order (escape by child ordered to be kept in secure accommodation under a custody care order);

.

52

In paragraph 4(1)(b) of Schedule 4 (directions under education supervision orders where child is subject to other orders), for “or a juvenile justice centre order” substitute “ , a juvenile justice centre order or a custody care order, ”.

Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))

53

• (1) Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service) is amended as follows.

• (2) After “Members of the Northern Ireland Court Service.” insert—

Court security officers.

• (3) For “The Director of Public Prosecutions for Northern Ireland and members of his staff.” substitute—

The Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland and the members of staff of the Public Prosecution Service for Northern Ireland. The Chief Inspector of Criminal Justice in Northern Ireland and the members of his staff.

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

54

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

55

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

• (2) In the definition of “community order”, after paragraph (c) insert—

(ca) a reparation order; (cb) a community responsibility order;

.

• (3) After that definition insert—

• “community responsibility order” means an order under Article 36E of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

.

• (4) In the definition of “custodial sentence”, insert at the end—

(iv) an order under Article 44A of that Order sending the offender to secure accommodation;

.

• (5) After the definition of “probation period” insert—

“reparation order” means an order under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

• (6) After the definition of “young offenders centre” insert—

“youth conference order” means an order under Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998;

.

56

In Article 9(3) (procedural requirements for community orders), at the end insert—

(ca) a reparation order; and (cb) a community responsibility order.

57

In Article 18(1) (restriction on imposing sentences of imprisonment or detention on persons not legally represented), after “order” insert “ or custody care order ”.

58

In Article 19(3) (court not prevented from passing custodial sentence if offender refuses to consent to community sentence), insert at the end “or a youth conference order”.

59

• (1) Schedule 2 (enforcement of community orders) is amended as follows.

• (2) In paragraph 11(3)—

• (a) after “committed to” insert “ secure accommodation or ”, and

• (b) after “assistance to” insert “ the authority keeping the child in secure accommodation, ”.

• (3) In paragraph 18(3)—

• (a) after “committed to” insert “ secure accommodation or ”, and

• (b) after “assistance to” insert “ the authority keeping the child in secure accommodation, ”.

Sex Offenders Act 1997 (c. 51)

60

In section 4(1) of the Sex Offenders Act 1997 (young sex offenders), for paragraph (c) substitute—

(c) a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)); (ca) a period for which a person is ordered to be kept in secure accommodation under Article 44A of that Order;

.

Police (Northern Ireland) Act 1998 (c. 32)

61

In section 42(3) of the Police (Northern Ireland) Act 1998 (copies of reports of inspectors of constabulary relating to Police Service etc.), insert at the end (but not as part of paragraph (b))—

and, if the report was received under section 41(2), to the Chief Inspector of Criminal Justice in Northern Ireland.

Northern Ireland Act 1998 (c. 47)

62

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

63

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

64

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

65

• (1) Schedule 3 (reserved matters) is amended as follows.

• (2) In paragraph 1 (conferral of functions on Ministers of the Crown), insert at the end “apart from the Advocate General for Northern Ireland”.

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

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

66

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

67

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

• (2) In paragraph (2), in the definitions of “community order”, “community sentence” and “custodial sentence”—

• (a) insert at the beginning “ “combination order”,”, and

• (b) after “ “community sentence”” insert “ , “community service order” ”.

• (3) After those definitions insert—

“community responsibility order” means an order under Article 36E; “custody care order” means an order under Article 44A;

.

• (4) In that paragraph, after the definition of “custody officer” insert—

“Director” means the Director of Public Prosecutions for Northern Ireland;

.

• (5) In that paragraph, after the definition of “notice” insert—

“Order Book” means the Order Book required to be kept under rule 19 of the Magistrates’ Courts Rules (Northern Ireland) 1984 (SR 1984 No. 225);

.

• (6) In that paragraph, after the definition of “parental responsibility” insert—

“place of safety” has the same meaning as in Article 39(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (N.I. 12); “police officer” and “police support staff” have the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32); “probation order” means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

.

• (7) In that paragraph, after the definition of “relative” insert—

“remand centre” has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)); “reparation order” means an order under Article 36A; “responsible officer”— (a) in relation to an offender subject to a reparation order, has the meaning assigned to it by Article 36D(2); (b) in relation to an offender subject to a community responsibility order, has the meaning assigned to it by Article 36E(4); and (c) in relation to an offender subject to a youth conference order, has the meaning assigned to it by Article 36K(3); “secure accommodation” means accommodation provided for the purpose of restricting liberty;

.

• (8) At the end of that paragraph insert—

“youth conference” has the meaning given by Article 3A, “diversionary youth conference” has the meaning given by Article 10A(2) and “court-ordered youth conference” has the meaning given by Article 33A(5); “youth conference co-ordinator” means a person designated under Article 3A(3); “youth conference order” has the meaning given by Article 36J(2); “youth conference plan” has the meaning given by Article 3C.

• (9) After paragraph (3) insert—

(4) References in this Order to an offence punishable, in the case of an adult, with imprisonment are to be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of adults who are under the age of 21. (5) References in this Order to associated offences are to be construed in accordance with Article 2(7) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24).

68

In Article 8(3) and (4) (child not released under Article 7), for “a juvenile justice centre” substitute “ secure accommodation provided by or on behalf of the appropriate authority ”.

69

• (1) Article 13 (remand in custody) is amended as follows.

• (2) In paragraph (1), for the words after “open court” substitute

and— (a) if the child has not attained the age of 14, shall make an order committing him to secure accommodation provided by or on behalf of the appropriate authority; (b) if the child has attained the age of 14 but has not attained the age of 17, shall (subject to paragraph (1A)) make an order committing him to a juvenile justice centre; and (c) if the child has attained the age of 17, shall (subject to paragraph (1B)) make an order committing him to a young offenders centre.

• (3) After that paragraph insert—

(1A) In the case of a child who has attained the age of 15 but has not attained the age of 17 the court shall make an order committing him to a young offenders centre (and not an order committing him to a juvenile justice centre) if it considers that he is likely to injure himself or another person. (1B) In the case of a child— (a) who has attained the age of 17 but who, at the time of the court’s first decision in respect of the offence in question not to release him on bail, has not attained the age of 17 years and six months; and (b) who has not had a custodial sentence imposed on him within the last two years, the court shall make an order committing him to a juvenile justice centre (and not an order committing him to a young offenders centre) if, after considering a report made by a probation officer, it considers that it is in his best interests to make such an order. (1C) An order under this Article shall commit the child for the period for which he is remanded or until he is brought back before the court.

70

In Article 30(3) (powers of youth court when child becomes adult)—

• (a) after “a community order” insert “ , a youth conference order ”, and

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

71

In Article 37(4) (requirements of attendance centre orders), for the words from “be such” to the end substitute “ , so far as practicable, be such as to avoid any conflict with the child’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment. ”

72

In Article 39(1) (juvenile justice centre orders)—

• (a) after “a child” insert “ who has attained the age of 14 ”, and

• (b) for “to which Article 45(1) applies” substitute “ the sentence for which is, in the case of an adult, fixed by law as imprisonment for life ”.

73

• (1) Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows.

• (2) In paragraph (2)—

• (a) for “in any of” substitute “ in either of ”,

• (b) for sub-paragraph (a) substitute—

(a) it may impose on him a fine not exceeding £1,000;

,

and

• (c) for paragraphs (i) and (ii) of sub-paragraph (b) substitute—

(i) in a juvenile justice centre if he has not attained the age of 17 or falls within paragraph (2A); or (ii) in a young offenders centre in any other case.

• (3) After that paragraph insert—

(2A) The offender falls within this paragraph if he— (a) has attained the age of 17; (b) has not attained the age of 18 and will not attain that age within the next 30 days; and (c) has not had a custodial sentence (other than the juvenile justice centre order in question) imposed on him within the last two years, and the court, after considering a report made by a probation officer, considers that it is in his best interests to order him to be detained in a juvenile justice centre (and not in a young offenders centre). (2B) Where the court imposes a fine on the offender under paragraph (2)(a)— (a) if he has not attained the age of 16, it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing; and (b) if he has attained that age but has not attained the age of 18, it may so order. (2C) A fine ordered under paragraph (2B) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the juvenile justice centre order was made. (2D) A parent or guardian may appeal to a county court against an order under paragraph (2B).

74

In Article 44(1) (effect of subsequent conviction where juvenile justice centre order in effect), after “an offence” insert “and the court imposes a custodial sentence on the child for the offence”.

75

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

Northern Ireland Act 2000 (c. 1)

76

The Northern Ireland Act 2000 has effect subject to the following amendments.

77

In section 1(4) (effect on offices of suspension of devolved government), after “junior Minister,” insert “ as Attorney General for Northern Ireland ”.

78

In section 3 (restoration of devolved government), insert at the end—

(8) If the period of appointment of the person who held office as Attorney General for Northern Ireland immediately before the date on which section 1 came into force has not expired, he resumes office on the effective date.

79

In the Schedule (provisions applicable during suspension of devolved government), after paragraph 5 insert—

(5A) If the office of Attorney General is vacant at the time when section 1 comes into force, or becomes vacant at any time while that section is in force, no steps are to be taken to fill the vacancy while that section is in force; but if a restoration order is subsequently made, the vacancy is to be filled in accordance with section 22 of the Justice (Northern Ireland) Act 2002.

Terrorism Act 2000 (c. 11)

80

In paragraph 39(4)(b) and (6)(b) of Schedule 4 to the Terrorism Act 2000 (compensation where restraint order is discharged), for “member of the Office of the Director of Public Prosecutions for Northern Ireland” substitute “ member of staff of the Public Prosecution Service for Northern Ireland ”.

Regulatory Reform Act 2001 (c. 6)

81

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

SCHEDULE 13

Guarantee of continued judicial independence

Judicial Appointments Commission

5A

• (1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under Schedule 3.

• (2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

• (3) But nothing in this section authorises the making of a disclosure—

• (a) which contravenes the the data protection legislation, or

• (b) which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

• (4) This section does not affect a power to disclose which exists apart from this section.

• (5) The following are permitted persons—

• (a) a chief officer of police of a police force in England and Wales;

• (b) the chief constable of the Police Service of Scotland;

• (c) the Chief Constable of the Police Service of Northern Ireland;

• (d) the Director General of the National Criminal Intelligence Service;

• (e) the Director General of the National Crime Squad;

• (f) the Commissioners of Inland Revenue;

• (g) the Commissioners of Customs and Excise.

• (6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

• (7) Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

• (8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

• (a) in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

• (b) in the case of the Commissioners of Customs and Excise, to a customs officer.

• (9) For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.

• (10) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Tribunals for considering removal

Transfer of functions of lay panellists

9I

• (1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

• (2) These are the relevant provisions—

• (a) sections 12 to 12C of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);

• (b) sections 3, ... 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);

• (ba) Schedule 3 to this Act and paragraph 2A of Schedule 11 to the Northern Ireland Act 1998;

• (c) sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);

• (d) section 16 of this Act (complaints about judicial officers);

• (3) Information is confidential if it relates to an identified or identifiable individual (a “subject”).

• (4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

• (a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));

• (b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;

• (c) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

• (5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—

• (a) is information that relates to both;

• (b) must not be disclosed to B without A's consent.

• (6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

• (7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

• (8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

• (9) But it is actionable only at the suit of a person who is a subject of the information.

Transfer of functions of lay panellists

The Ombudsman

Presiding county court judge

9A

• (1) There is to be a Northern Ireland Judicial Appointments Ombudsman.

• (2) The Northern Ireland Public Services Ombudsman is, by virtue of holding that office, the Northern Ireland Judicial Appointments Ombudsman.

• (3) Schedule 3A makes further provision about the Ombudsman.

9B

• (1) This section applies for the purposes of this Part.

• (2) A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

• (3) A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor ... in connection with any of the following—

• (a) recommendation for or appointment to a listed judicial office;

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

• (4) A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part or paragraph 2A of Schedule 11 to the Northern Ireland Act 1998, by the maladministration complained of.

9C

• (1) The Commission must make arrangements for investigating any Commission complaint made to it.

• (2) The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

• (3) Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

9D

• (1) Subsections (2) and (3) apply to a complaint which the complainant—

• (a) has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and

• (b) makes to the Ombudsman not more than 28 days after being notified of the Commission's or Lord Chancellor's decision on the complaint.

• (2) If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

• (3) Otherwise he must investigate the complaint.

• (4) The Ombudsman may investigate a complaint which the complainant—

• (a) has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and

• (b) makes to the Ombudsman at any time.

• (5) The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

• (6) The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.

• (7) A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

• (8) Any complaint to the Ombudsman under this section must be in a form approved by him.

9E

• (1) The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

• (2) The report must state—

• (a) what findings the Ombudsman has made;

• (b) whether he considers the complaint should be upheld in whole or part;

• (c) if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

• (3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

• (4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

9F

• (1) This section applies to a report under section 9E.

• (2) The Ombudsman must submit a draft of the report—

• (a) if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;

• (b) otherwise, to the Lord Chancellor.

• (3) In finalising the report the Ombudsman—

• (a) must have regard to any proposal for changes in the draft report which is made—

• (i) if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;

• (ii) otherwise, by the Lord Chancellor;

• (b) must include in the report a statement of any such proposal not given effect to.

• (4) The report must be signed by the Ombudsman.

• (5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the First Minister and deputy First Minister and to the Commission.

• (6) Otherwise the Ombudsman must send the report to the Lord Chancellor.

• (7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

• (a) which relates to an identified or identifiable individual other than the complainant, and

• (b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.

9G

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

9H

The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9D ....

Qualification for appointment

Crown Solicitor

Judicial pensions: pension sharing

Attorney General

Removal of Attorney General

Public Prosecution Service

Annual report by Attorney General

Information for Director

30A

• (1) The Director of Public Prosecutions for Northern Ireland is a corporation sole.

• (2) The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.

• (3) An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.

31A

• (1) The Director may have the conduct of any extradition proceedings in Northern Ireland.

• (2) The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.

32A

• (1) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence the Director, the Deputy Director or a Public Prosecutor in any decision as to whether to institute or continue criminal proceedings.

• (2) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence a barrister or solicitor to whom the Director has under section 36(2) assigned the institution or conduct of any criminal proceedings in any decision as to whether to institute or continue those proceedings.

• (3) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both, and

• (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

• (4) Proceedings for an offence under this section shall not be instituted without the consent of the Director.

Independence of Director

Reparation orders

Interpretation

Chief Inspector of Criminal Justice

Aims of youth justice system

Community safety strategy

Supplementary

Community safety strategy

Local community safety partnerships

Time limit for cases stated by county court

69A

• (1) The Department of Justice must make a scheme requiring the Department of Justice to make available to persons falling within subsection (2) information about—

• (a) the discharge from hospital of, or

• (b) the grant of leave of absence from hospital to,

persons in respect of whom relevant determinations have been made.

• (2) The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.

• (3) A relevant determination is made in respect of a person if—

• (a) a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or

• (b) a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.

• (4) The Department of Justice may from time to time make a new scheme or alterations to a scheme.

• (5) The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—

• (a) his discharge from hospital, or

• (b) the grant of leave of absence from hospital to him.

• (6) A condition is relevant for the purposes of subsection (5) if it appears to the Department of Justice that it might affect a victim of an offence in respect of which the determination was made.

• (7) A scheme may require the Department of Justice to take all reasonable steps to ascertain whether a person who appears to it to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).

• (8) The matters are—

• (a) whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;

• (b) if so, what conditions.

• (9) A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.

• (10) A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.

• (11) The other information may include, 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 a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.

• (12) Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.

• (13) A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.

69B

• (1) If a person who is the victim of an offence in respect of which a relevant determination has been made 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 grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—

• (a) the actual victim of the offence in respect of which the determination was made, or

• (b) a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).

• (3) The Department of Justice must—

• (a) have regard to the representations in deciding whether the Department should give its consent to leave of absence being granted, and

• (b) inform the victim of any such decision.

• (4) Section 69A(3) (relevant determination) applies for the purposes of this section.

Exceptional legal aid

Power to abolish Court Service

Minor and consequential amendments

Reserved matters: new institutions

Minor and consequential amendments

Members’ tenure

Retained functions

Retained functions

Members’ tenure

Temporary High Court judges

County court judges and deputy county court judges

Temporary High Court judges

Specific amendments

Coroners and deputy coroners

Statutory officers and deputies and temporary appointments

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

President and members of appeal tribunals

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

Devolution issues

Devolution issues

Human rights

Varying retrospective decisions

Suspension of devolved government

Scheduled offences

Consent to prosecution

SCHEDULE 3A

Circumstances where Ombudsman ineligible to exercise specified functions

1

• (1) The Ombudsman is ineligible to exercise specified functions if either sub-paragraph (2) or (3) applies.

• (2) This sub-paragraph applies where the Ombudsman—

• (a) is engaged in political activity as a member of a political party; or

• (b) has ever been any of these—

• (i) a practising barrister in England and Wales;

• (ii) a practising solicitor of the Senior Courts of England and Wales;

• (iii) a practising advocate in Scotland;

• (iv) a practising solicitor in Scotland;

• (v) a practising member of the Bar of Northern Ireland;

• (vi) a practising solicitor of the Court of Judicature of Northern Ireland;

• (vii) the holder of a listed judicial office.

• (3) This sub-paragraph applies where the Ombudsman considers—

• (a) that the Ombudsman has exercised functions that appear to be of a judicial nature and such as to make it inappropriate for the Ombudsman to exercise specified functions; or

• (b) that past service in a capacity mentioned in sub-paragraph (5) makes it inappropriate for the Ombudsman to exercise specified functions.

• (4) As part of the considerations under sub-paragraph (3), the Ombudsman may consult the Department of Justice.

• (5) The service referred to in sub-paragraph (3)(b) is service as any of these –

• (a) a Commissioner;

• (b) a member of staff of the Commission;

• (c) a person employed in the civil service of the State.

2

• (1) In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3).

• (2) A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—

• (a) practising as such,

• (b) employed to give legal advice, or

• (c) providing legal advice under a contract for services.

• (3) A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—

• (a) acting as such,

• (b) employed to give legal advice, or

• (c) providing legal advice under a contract for services.

Term of office etc. of Ombudsman

3

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

4

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

5

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

Salary, allowances and expenses

6

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

Acting Ombudsman

7

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

Status of the Ombudsman

8

The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole.

Powers of the Ombudsman

9

• (1) The Ombudsman does not have power to do any of the following—

• (a) to borrow money;

• (b) to hold real property;

• (c) to appoint staff (except by way of arrangements under paragraph 10).

• (2) Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions.

• (3) Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).

Arrangements for assistance

10

• (1) The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him.

• (2) Arrangements may include the paying of fees to such persons.

• (3) In making arrangements, the Ombudsman must have regard to thedesirability of keeping fees broadly in line with those paid by the civil service of Northern Ireland.

Arrangements by the Lord Chancellor

11

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

Delegation of functions

12

• (1) The Ombudsman may delegate any functions to—

• (a) any person with whom arrangements are made under paragraph 10 ..., or

• (b) any person providing assistance to the Ombudsman in pursuance of such arrangements.

• (2) But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.

• (3) Sub-paragraph (1) does not apply to the Ombudsman's functions under section 7 or 8 of this Act or section 12B or 12C of the Judicature (Northern Ireland) Act 1978.

Financial provisions and directions

13

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

Code of conduct

14

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

Reports

15

• (1) The Ombudsman must, as soon as practicable after the end of each financial year, lay before the Assembly a report about the performance of his functions during that year.

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

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

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

• (5) The Ombudsman must publish any report once copies of it have been laid before the Assembly.

• (6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (1) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

Documentary evidence

16

A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way.

General

17

• (1) Financial year in this Schedule, means—

• (a) the period beginning with the date on which section 9A comes into force and ending with the following 31 March, and

• (b) each successive period of twelve months.

• (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.

• (3) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.

Retained functions

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

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

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

5A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Devolution issues

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

Devolution issues

Acting as Attorney General for Northern Ireland during vacancy

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

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

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

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

Devolution issues

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

Terrorism Act 2000 (c. 11)

Regulatory Reform Act 2001 (c. 6)

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

Terrorism Act 2000 (c. 11)

Life sentence prisoners’ representatives

Scheduled offences

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

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

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

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

Administration of Justice Act 1973 (c. 15)

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—

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

Administration of Justice Act 1973 (c. 15)

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

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

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

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

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

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

Criminal Justice Act 1988 (c. 33)

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

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Child Support Act 1991 (c. 48)

Criminal Appeal Act 1995 (c. 35)

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

Police (Northern Ireland) Act 1998 (c. 32)

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

Northern Ireland Act 2000 (c. 1)

Regulatory Reform Act 2001 (c. 6)

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

Child Support Act 1991 (c. 48)

Criminal Appeal Act 1995 (c. 35)

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

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

Sex Offenders Act 1997 (c. 51)

Police (Northern Ireland) Act 1998 (c. 32)

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

Northern Ireland Act 2000 (c. 1)

Terrorism Act 2000 (c. 11)

Regulatory Reform Act 2001 (c. 6)

Editorial notes

[^c20685761]: Words in s. 2(2) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 1; S.R. 2005/282, art. 3

[^c20685781]: Words in s. 3(2)(b) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 2; S.R. 2005/282, art. 3

[^c20685801]: S. 3(8) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 2(1), 19(1); S.R. 2005/282, art. 3

[^c20697321]: The omission of the cross-heading before s. 9 on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of s. 9.

[^c20697201]: S. 9 wholly in force at 1.4.2005: s. 9 not in force at Royal Assent see s. 87: s. 9(4)(5)(6)(14) in force at 15.10.2002 by S.R 2002/319, art. 2, Sch.; s. 9(1)-(3)(7)-(11)(13) in force at 1.9.2004 by S.R. 2004/301, art. 2; s. 9(12) in force at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

[^c20706761]: S. 5A inserted (15.6.2005 for specified purposes, 12.4.2010 in so far as not already in force) by Constitutional Reform Act 2005 (c. 4), ss. 123(2), 148(1); S.I. 2005/1431, art. 2(a); S.I. 2010/883, art. 2(b)

[^c20697121]: Cross-heading before s. 9 omitted (25.9.2006) by virtue of Constitutional Reform Act 2005 (c. 4). {ss. 124}, 148; S.I. 2006/1537, art. 3(a)

[^c20702711]: S. 9B(3)(b) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3, Sch. 1 para. 330

[^c20697191]: The insertion of the new heading "The Ombudsman" on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

[^c20701631]: S. 9B inserted (25.9.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 125, 148; S.I. 2006/1537, art. 3(b)

[^c20701651]: S. 9C inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 126, 148; S.I. 2006/1537, art. 3(c)

[^c20701671]: S. 9D inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 127, 148; S.I. 2006/1537, art. 3(c)

[^c20701691]: S. 9E inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 128, 148; S.I. 2006/1537, art. 3(c)

[^c20701711]: S. 9F inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 129, 148; S.I. 2006/1537, art. 3(c)

[^c20701751]: S. 9H inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 131, 148; S.I. 2006/1537, art. 3(c)

[^c20697171]: By Constitutional Reform Act 2005 (c. 4), ss. 132, 148; S.I. 2005/1431, art. 2(b) it is provided (15.6.2005) that s. 9I and the cross-heading following that provision is inserted after s. 9H

[^c20697041]: The insertion of the new heading "Transfer of functions of justices of the peace" on 15.6.2005 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

[^c20837101]: S. 10 partly in force; s. 10 not in force at Royal Assent see s. 87; s. 10(1)-(5)(7) in force and s. 10(6) in force for certain purposes at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

[^c20701771]: Words in s. 10(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 118; S.I. 2006/1014, art. 2, Sch. 1 para. 12

[^c20697091]: The insertion of the new heading "Transfer of functions of justices of the peace" on 15.6.2005 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

[^c20701811]: S. 12(1A)-(1D) substituted (3.4.2006 for certain purposes and 8.5.2007 otherwise) for s. 12(1) by Constitutional Reform Act 2005 (c. 4), ss. 11, 148; S.I. 2006/1014, art. 2(a), Sch. 1 para. 6; S.I. 2007/1252, art. 2

[^c20701791]: S. 12(2)(3) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 5 para. 119, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 12, 30

[^c20863141]: Words in s. 17(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2

[^c2627611]: S. 18 wholly in force at 3.4.2006: s. 18 not in force at Royal Assent see s. 87; s. 18(1)-(9) in force at 15.10.2002 by S.R. 2002/319, art. 2 Sch.; s. 18(10) in force at 3.4.2006 by S.R. 2006/124, art. 2, Sch.

[^c20702611]: S. 18(1) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 33(3), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2

[^c20690101]: Words in s. 18(9) repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3

[^c20697151]: S. 9A and preceding cross-heading inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124(2), 148; S.I. 2006/1537, art. 3(a)

[^c20696931]: By Constitutional Reform Act 2005 (c. 4), ss. 132, 148; S.I. 2005/1431, art. 2(b) it is provided (15.6.2005) that s. 9I and the cross-heading following that provision is inserted after s. 9H

[^c20854041]: Words in s. 22 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2

[^c20694681]: Words in s. 24(4)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 33(2); S.I. 2009/1604, art. 2

[^c20854141]: Words in s. 29 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2

[^c20724491]: S. 30 partly in force, s. 30 not in force at Royal Assent, see s. 87; s. 30(1)-(10) in force at 13.6.2005 by S.R. 2005/281, art. 2, Sch. 1

[^c20854261]: Words in s. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2

[^c20689781]: Words in s. 36(2) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(7), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))

[^c20710471]: S. 37(4) modified (1.3.2008) by Serious Crime Act 2007 (c. 27), ss. 37, 94, Sch. 2 para. 18; S.I. 2008/219, art. 3

[^c20843541]: S. 37(5A) inserted (1.2.2006) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 8(7), 19(1) (with s. 8(8)); S.R. 2005/282, art. 5

[^c20710481]: S. 39(2) modified (1.3.2008) by Serious Crime Act 2007 (c. 27), ss. 37, 94, Sch. 2 para. 18; S.I. 2008/219, art. 3

[^c20713821]: S. 30A inserted (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 3(2), 5

[^c20689021]: S. 31A inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(6), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))

[^c20702921]: S. 32A inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 7, 19(1); S.R. 2005/282, art. 2

[^c20690171]: S. 41(2) extended (20.11.2003) by Criminal Justice Act 2003 (c. 44), ss. 334(4), 336(1)

[^c20694721]: Words in s. 43(5)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148, Sch. 17 para. 33(2); S.I. 2009/1604, art. 2

[^c20689831]: S. 44(7) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(8), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))

[^c2627632]: S. 46 wholly in force at 18.12.2003; s. 46 not in force at Royal Assent see s. 87: s. 46(6)(7) in force at 15.10.2002 by S.R. 2002/319, art. 2, Sch.; s. 46(1)-(5) in force at 18.12.2003 by S.R. 2003/488, art. 3

[^c20694761]: S. 46(1)(ea) inserted (7.11.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 45(2)(a), 53 (with s. 45(8)); S.I. 2007/3069, art. 2

[^c20710491]: Words in s. 46(1)(ea) substituted (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1, 102, Sch. 5 para. 9; S.R. 2008/217, art. 2, Sch. para. 18 (subject to art. 3)

[^c20691711]: S. 46(1)(g) substituted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 9(2), 19(1); S.R. 2004/267, art. 2

[^c20694751]: Words in s. 46(1)(h) repealed (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 9(3), 18, 19(1), Sch. 4; S.R. 2004/267, art. 2

[^c20694781]: S. 46(1)(ha)(hb) inserted (7.11.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 45(2)(b), 53 (with s. 45(8)); S.I. 2007/3069, art. 2

[^c20691641]: S. 46(1)(k)-(r) inserted (20.2.2002) by The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1)) Order 2002 (S.R. 2002/414), art. 2

[^c20691671]: Word in s. 46(1)(q) omitted (21.12.2003) by virtue of The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003 (S.R. 2003/552), {art. 2(2)}

[^c20691691]: S. 46(1)(s)-(u) inserted (21.12.2003) by The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003 (S.R. 2003/552), {art. 2(3)}

[^c20691731]: Words in s. 46(4) substituted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 9(4), 19(1); S.R. 2004/267, art. 2

[^c20695771]: S. 47(6A) inserted (7.11.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 45(6), 53; S.I. 2007/3069, art. 2

[^c20690921]: S. 53 wholly in force at 30.8.2005; s. 53 not in force at Royal Assent, see s. 87; s. 53(1)-(5) in force at 1.12.2003 by S.R. 2003/488, art. 2, Sch.; s. 53(6) in force at 30.8.2005 by S.R. 2005/391, art. 2, Sch.

[^c20726481]: S. 63 partly in force; s. 63 not in force at Royal Assent see s. 87; s. 63(2) in force and s. 63(1) in force for certain purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch. paras 3, 4

[^c20703001]: S. 70(4)-(7) inserted (14.12.2008) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 46(3), 60; S.I. 2008/3065, art. 2

[^c20702981]: Ss. 69A, 69B inserted (14.12.2008) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 46(2), 60; S.I. 2008/3065, art. 2

[^c20863191]: Words in s. 73 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2

[^c20686911]: S. 76 repealed (2.11.2003) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 (with art. 45); S.R. 2003/440, art. 3, Sch.

[^c20728841]: S. 84 partly in force; s. 84 not in force at Royal Assent, see s. 87; s. 84(1) in force at 16.4.2007 by S.R. 2007/237, art. 2, Sch.

[^c2627681]: S. 85 partly in force: s. 85 not in force at Royal Assent see s. 87; s. 85(1) in force at 15.10.2002 for certain purposes by S.R. 2002/319, art. 2, Sch.; s. 85 in force for certain further purposes at 1.11.2003 by S.R. 2003/416, art. 3, s. 85(1) in force for certain further purposes and s. 85(2) in force at 1.12.2003 by S.R. 2003/488, art. 2, Sch.; s. 85(1) in force for certain further purposes at 1.9.2004 by S.R. 2004/301, art. 2; s. 85(1) in force for certain further purposes at 1.1.2005 by S.R. 2004/502, art. 2; s. 85(1) in force for certain further purposes at 13.6.2005 by S.R. 2005/281, art. 2, Sch. 1; s. 85(1) in force for certain further purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch.; s. 85(1) in force for certain further purposes at 3.4.2006 by S.R. 2006/124, art. 2, Sch.