Justice (Northern Ireland) Act 2002

Type Public General Act
Publication 2002-07-24
Last updated 2024-11-01
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

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

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

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

Regulatory Reform Act 2001 (c. 6)

Northern Ireland Act 2000 (c. 1)

Terrorism Act 2000 (c. 11)

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

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

Terrorism Act 2000 (c. 11)

Terrorism Act 2000 (c. 11)

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—

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

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

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

Criminal Justice Act 1988 (c. 33)

Criminal Justice Act 1988 (c. 33)

Criminal Appeal Act 1995 (c. 35)

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

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

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

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

Northern Ireland Act 2000 (c. 1)

Criminal Appeal Act 1995 (c. 35)

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

Northern Ireland Act 1998 (c. 47)

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

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

Terrorism Act 2000 (c. 11)

Commissioners holding judicial office

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

Varying retrospective decisions

Criminal Justice Act 1988 (c. 33)

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

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

Criminal Appeal Act 1995 (c. 35)

Northern Ireland Act 1998 (c. 47)

Sex Offenders Act 1997 (c. 51)

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

Terrorism Act 2000 (c. 11)

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

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—

Law Commissions Act 1965 (c. 22)

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

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

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

Law Commissions Act 1965 (c. 22)

Child Support Act 1991 (c. 48)

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

Sex Offenders Act 1997 (c. 51)

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

Sex Offenders Act 1997 (c. 51)

Criminal Justice Act 1988 (c. 33)

Northern Ireland Act 2000 (c. 1)

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)

Northern Ireland Act 2000 (c. 1)

Terrorism Act 2000 (c. 11)

Regulatory Reform Act 2001 (c. 6)

Judicial Appointments Ombudsman

Transfer of functions of lay panellists

Presiding county court judge

Qualification for appointment

Crown Solicitor

Advocate General

Removal of Attorney General

Public Prosecution Service

Chief Inspector of Criminal Justice

Appointment and removal of Director by Attorney General

Functions of Chief Inspector

Youth conferences and youth conference plans

Supplementary

Flying of flags at court-houses

Supplementary

Appeals in small claims cases

Community safety strategy

Excepted matters: judicial office-holders

Excepted matters: judicial office-holders

Salary etc. of non-judicial members

Members’ tenure

Retained functions

Salary etc. of non-judicial members

Functions to be exercisable only by resident magistrates

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

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

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

Assembly Bills

President and other members of the Lands Tribunal for Northern Ireland

President and other members of the Lands Tribunal for Northern Ireland

Human rights

Chief Inspector of Criminal Justice

Special advocates

Retained functions

Commissioners’ tenure

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

Assembly Bills

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

Criminal Justice Act 1988 (c. 33)

Acting as Attorney General for Northern Ireland during vacancy

Special advocates

Sex Offenders Act 1997 (c. 51)

Terrorism Act 2000 (c. 11)

Constitutional Reform Act 2005

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

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—

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

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

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

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

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

Sex Offenders Act 1997 (c. 51)

Criminal Justice Act 1988 (c. 33)

Child Support Act 1991 (c. 48)

Sex Offenders Act 1997 (c. 51)

Northern Ireland Act 2000 (c. 1)

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

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

Suspension of devolved government

Human rights

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

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—

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

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

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

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

Criminal Justice Act 1988 (c. 33)

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

Criminal Appeal Act 1995 (c. 35)

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

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

County court judges and deputy county court judges

Amendments: general

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

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

President and members of appeal tribunals

Assembly Bills

President and other members of the Lands Tribunal for Northern Ireland

President and chairmen of Special Educational Needs Tribunal for Northern Ireland

Varying retrospective decisions

Chief Inspector of Criminal Justice

Retained functions

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

Suspension of devolved government

Human rights

Varying retrospective decisions

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

Criminal Appeal Act 1995 (c. 35)

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—

Northern Ireland Act 2000 (c. 1)

Terrorism Act 2000 (c. 11)

Constitutional Reform Act 2005

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

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

Criminal Appeal Act 1995 (c. 35)

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

Sex Offenders Act 1997 (c. 51)

Northern Ireland Act 2000 (c. 1)

Northern Ireland Act 2000 (c. 1)

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

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

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

Human rights

Varying retrospective decisions

Suspension of devolved government

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—

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

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

Criminal Appeal Act 1995 (c. 35)

Regulatory Reform Act 2001 (c. 6)

County court judges and deputy county court judges

Resident magistrates and deputy resident magistrates

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

Devolution issues

President and chairmen of Special Educational Needs Tribunal for Northern Ireland

Varying retrospective decisions

Chief Inspector of Criminal Justice

Scheduled offences

Retained functions

Power to abolish Court Service

Appeals in small claims cases

Freedom of information

County court judges and deputy county court judges

Resident magistrates and deputy resident magistrates

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

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

President and chairmen of Special Educational Needs Tribunal for Northern Ireland

Suspension of devolved government

Life sentence prisoners’ representatives

Retained functions

Assembly Bills

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

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

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

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—

Constitutional Reform Act 2005

Northern Ireland Act 2000 (c. 1)

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

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

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

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

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

Terrorism Act 2000 (c. 11)

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

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

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—

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

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

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

Regulatory Reform Act 2001 (c. 6)

County court judges and deputy county court judges

Resident magistrates and deputy resident magistrates

Statutory officers and deputies and temporary appointments

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

Devolution issues

Human rights

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

Lay magistrates

Lay magistrates

Retained functions

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

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

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

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

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—

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

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

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

Sex Offenders Act 1997 (c. 51)

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

Crown Solicitor

Judicial pensions: pension sharing

Terms of appointment of Attorney General

Participation by Attorney General in Assembly proceedings

Advocate General

Public Prosecution Service

Exercise of functions by and on behalf of Service

Appointment and removal of Director by Attorney General

Functions of Chief Inspector

Display of Royal Arms at courts

Information about discharge and temporary release of prisoners

Display of Royal Arms at courts

Assembly Acts about judiciary, law officers and prosecutions

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

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

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—

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

Northern Ireland Act 1998 (c. 47)

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—

Terrorism Act 2000 (c. 11)

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

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

Northern Ireland Act 2000 (c. 1)

Terrorism Act 2000 (c. 11)

Regulatory Reform Act 2001 (c. 6)

Presiding county court judge

Qualification for appointment

Crown Solicitor

Judicial pensions: pension sharing

Terms of appointment of Attorney General

Participation by Attorney General in Assembly proceedings

Chief Inspector of Criminal Justice

Aims of youth justice system

Consultation about detention

Court-ordered youth conferences

Shared functions

Coroners and deputy coroners

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

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

Chairmen of Social Care Tribunals in Northern Ireland

President and other members of the Lands Tribunal for Northern Ireland

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

Chief Inspector of Criminal Justice

Retained functions

Salary etc. of Chief Inspector

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

Human rights

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

Northern Ireland Act 1998 (c. 47)

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—

Regulatory Reform Act 2001 (c. 6)

Terrorism Act 2000 (c. 11)

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

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

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

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

Terrorism Act 2000 (c. 11)

Regulatory Reform Act 2001 (c. 6)

Information for Director

Independence of Director

Aims of youth justice system

Court-ordered youth conferences

Appeals in small claims cases

Freedom of information

Part 1 — Appointments by Her Majesty

Application

Process

Part 2 — Appointments by the Commission

Application

Process

Part 3 — Maximum numbers

Part 4 — General provision about selections

Shared functions

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

7A

In section 8 of the Justice (Northern Ireland) Act 2004 (guidance for criminal justice organisations on human rights standards)—

  • (a) after subsection (1) insert—

(1A) Before issuing or revising any guidance under this section, the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.

;

  • (b) after subsection (5) insert—

(5A) Before making an order under subsection (3)(c) or (5), the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.

Suspension of devolved government

Acting as Attorney General for Northern Ireland during vacancy

Life sentence prisoners’ representatives

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—

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 1996 (S.I 1996/3160 (N.I. 24))

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

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))

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

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

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

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

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

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

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

82

Omit sections 133 to 136 of the Constitutional Reform Act 2005 (judicial removals: Northern Ireland).

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

Suspension of devolved government

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—

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

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))

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

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

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

Law Commissions Act 1965 (c. 22)

Administration of Justice Act 1973 (c. 15)

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

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

Excepted matters: judicial office-holders

Shared functions

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

Devolution issues

Consultation about appointment of Attorney General for Northern Ireland

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—

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

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

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

Administration of Justice Act 1973 (c. 15)

Sex Offenders Act 1997 (c. 51)

Ombudsman to direct a person to exercise specified functions

1A
  • (1) Sub-paragraph (2) applies where—
  • (a) the provisions of this Act require the Ombudsman to exercise a specified function; but
  • (b) the Ombudsman is, under paragraph 1, ineligible to exercise that function.
  • (2) The Ombudsman must direct—
  • (a) a member of the office of the Northern Ireland Public Services Ombudsman; or
  • (b) any other appropriate person;

to exercise that function on behalf of the Ombudsman.

  • (3) The Ombudsman may direct—
  • (a) different persons to exercise different functions,
  • (b) different persons to exercise the same function.
  • (4) Where the Ombudsman has directed a person to exercise a specified function, that person is to be treated, for the purposes of exercising that function, as the Ombudsman.

Persons whom the Ombudsman must not direct

1B
  • (1) The Ombudsman must not direct a person under paragraph 1A if either sub-paragraph (2) or (3) applies.
  • (2) This sub-paragraph applies where—
  • (a) the person is employed in the civil service of the State;
  • (b) the person is a member of the House of Commons;
  • (c) the person is a member of the Northern Ireland Assembly;
  • (d) the person is engaged in political activity as a member of a political party;
  • (e) the person 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 person has exercised functions that appear to be of a judicial nature and such as to make it inappropriate for the person to exercise specified functions; or
  • (b) that past service in a capacity mentioned in sub-paragraph (5) make it inappropriate for the person 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.

Meaning of “specified functions” and “practising”

1C
  • (1) For the purposes of this Schedule, the functions of the Ombudsman set out in the following provisions are specified functions—
  • (a) section 8;
  • (b) in section 9D, subsections (2), (3) and (4);
  • (c) section 9E;
  • (d) section 9F;
  • (e) section 9H.
  • (2) In section 7(6A)(c), the function of convening a tribunal by the Ombudsman is a specified function for the purposes of this Schedule, but the person to be notified by the Lord Chief Justice under that subsection is the Ombudsman and not a person that the Ombudsman has directed to exercise a specified function.

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

Devolution issues

Suspension of devolved government

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—

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

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

Administration of Justice Act 1973 (c. 15)

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

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

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

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—

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

Terrorism Act 2000 (c. 11)

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

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

Sex Offenders Act 1997 (c. 51)

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—

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

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

Law Commissions Act 1965 (c. 22)

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

Northern Ireland Act 1998 (c. 47)

Acting as Attorney General for Northern Ireland during vacancy

Chief Inspector’s tenure

Freedom of information

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—

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

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

Terrorism Act 2000 (c. 11)

Administration of Justice Act 1973 (c. 15)

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

Sex Offenders Act 1997 (c. 51)

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