(1)The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director.
(2)The Director or Deputy Director—
(a)may be removed from office by the Attorney General for Northern Ireland if a tribunal convened under subsection (4) has reported to him recommending that the Director or Deputy Director be removed on the ground of misbehaviour or inability to perform the functions of the office, and
(b)may be suspended from office by the Attorney General for Northern Ireland (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Attorney General for Northern Ireland that he be suspended.
(3)If the Director or Deputy Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).
(4)A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland.
(5)A tribunal is to consist of—
(a)a person who [F1holds high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005] and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and
(b)a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.
(6)The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor [F2after consultation with all of the following—
(a)the President of the Supreme Court;
(b)the Lord Chief Justice of England and Wales;
(c)the Lord President of the Court of Session;
(d)the Lord Chief Justice of Northern Ireland].
(7)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5).
(8)The procedure of a tribunal is to be determined by its chairman.
(9)The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.
Textual Amendments
F1Words 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
F2Words in s. 43(6) inserted (12.4.2010) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 5 para. 121 (with Sch. 5 para. 115(2)); S.I. 2010/883, art. 2(c)(i)
Commencement Information
I1S. 43 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 14