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Magistrates' Courts Act (Northern Ireland) 1964
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- Appointment and removal of...
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N.I.Appointment and removal of resident magistrates
F1[9Appointment and assignment of resident magistrates.N.I.
(1)Her Majesty may, on the recommendation of theF2 Lord Chancellor, appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments[F3 are—
(a)members of the Bar of Northern Ireland of at least seven years' standing; or
(b)solicitors of theF4 Supreme Court of at least seven years' standing.]
Subs. (2) rep. by 2002 c. 26
(3)A resident magistrate shall sit in accordance with directions given by theF2F4 Lord Chancellor.
(4)A resident magistrate may, in accordance with such directions, sit in any petty sessions district.
(5)Subject to subsections (3) and (4), theF2F4 Lord Chancellor may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.]
10Appointment of deputy resident magistrates.N.I.
(1)F5The [F6 Lord Chancellor] may, …F7, appoint fit and proper persons, [F6 being persons who are eligible for appointment asF8, or have previously been, resident magistrates], to act as deputy resident magistrates during such period or periods asF5 the [F6 Lord Chancellor] may direct and subject toF5 such conditions as the [F6 Lord Chancellor] may impose.
(2)Any deputy resident magistrate may exercise and perform all the functions of a resident magistrate.
F10[11F9Removal of resident magistrates from office.N.I.
(1)Subject to subsection (2) and to section 1 of the Resident Magistrates' Pensions Act (Northern Ireland) 1960 M1, every resident magistrate shall hold his office during good behaviour, but may be removed from his office by the Lord Chancellor on the ground of incapacity or misbehaviour.
(2)Subsection (1) shall not apply to a resident magistrate holding office immediately before 1st January 1974 but, subject to section 1 of the Resident Magistrates' Pensions Act (Northern Ireland) 1960, every such resident magistrate shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of the Parliament of the United Kingdom.]
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