County Courts Act (Northern Ireland) 1959

PART XI N.I. JUDGES AND DEPUTY JUDGES

102 Appointment and assignment of judges. N.I.

[F1 (1) Her Majesty may appoint a qualified person to be a judge.]

(2) A judge shall sit in the county court in accordance with directions given by the[F2 Lord Chief Justice].

(3) A judge may, in accordance with such directions, sit as a judge [F3 in any county court] .

(4) Subject to sub-sections (2) and (3), the[F2 Lord Chief Justice] [F4 may assign a judge to one or more division] and may from time to time vary any such assignment.

(5) The judge[F5 , or (if more than one) one of the judges,] assigned to the division which is or includes—

(a) the area of the city of Belfast shall be styled the Recorder of Belfast;

(b) the area of the city of Londonderry shall be styled the Recorder of Londonderry.]

F6 [(6) In this Act “judge” means a county court judge, that is to say a judge appointed under this section.] [F7 and “division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for all or the residual purposes of a county court.]

F1 S. 102(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(4), 5(7)(a), Sch. 5 para. 1; S.I. 2010/812, art. 2

F2 Words in s. 102(2)(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 8; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F3 Words in s. 102(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 51(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F4 Words in s. 102(4) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 51(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F5 Words in s. 102(5) inserted (16.4.2007) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 85, 87, Sch. 12 para. 4(3); S.R. 2007/237, art. 2, Sch. para. 6(a)

F6 1980 NI 3

F7 Words in s. 102(6) inserted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 51(c) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

[F8 102A Presiding judge N.I.

(1) The Lord Chief Justice must appoint one of the judges to be the Presiding judge with responsibility for the county courts and the other judges and the deputy judges.

(2) The person appointed as Presiding judge holds that office in accordance with the terms of his appointment.

(3) If the office of Presiding judge becomes vacant, the Lord Chief Justice may appoint a judge to act as Presiding judge, pending a new appointment.]

F8 S. 102A inserted (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 13, 87; S.R. 2006/124, art. 2, Sch. para. 2

103 Qualifications and disqualifications of judges. N.I.

(1) A person shall not be qualified to be appointed a judge [F9 unless[F10 he is—

(a) a member of the Bar of Northern Ireland of at least ten years' standing; or

(b) a solicitor of the[F11 Court of Judicature] of at least ten years' standing.]

(2) A judge, so long as he holds office as such, shall not practise at the bar or be directly or indirectly concerned as a conveyancer, notary public or solicitor.

F9 1978 c. 23

F10 2002 c. 26

F11 Words in art. 103(1)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2

S. 104 rep. by 1964 c. 21 (NI)

105 Tenure and oaths of office and retirement of judges. N.I.

(1) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subs. (3) rep. by 2002 c. 26

[F13 (4) Every judge shall vacate his office on the day on which he attains the age of [F14 75]]

F12 S. 105(1)(1A) repealed (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2006/124, art. 2, Sch. para. 11(b)

F13 1993 c. 8

F14 Word in s. 105(4) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 6(2) (with Sch. 1 para. 43)

F15 [106 Salaries and allowances of judges. N.I.

(1) There shall be paid to each judge such salary as may be determined by the Lord Chancellor with the consent of[F16 the Treasury].

(2) The salary payable to any judge shall begin from the date on which the judge takes the[F17 required oath or makes the required affirmation and declaration].

[F18 (3) The Department of Justice may pay to any judge such allowances as may be determined by the Lord Chancellor with the consent of the Treasury.]

F15 1978 c. 23

F16 1991 NI 24

F17 Words in s. 106(2) substituted (16.4.2007) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 85, 87, Sch. 12 para. 5; S.R. 2007/237, art. 2, Sch. para. 6(a)

F18 S. 106(3) substituted for s. 106(3)(4) (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 5

F19 [107 Deputy judges. N.I.

(1) The[F20 Northern Ireland Judicial Appointments Commission] may appoint as deputy judge[F21 a person who is—

(a) a member of the Bar of Northern Ireland of at least ten years' standing; or

(b) a solicitor of the[F22 Court of Judicature] of at least ten years' standing.]

[F23 (1A) The term for which a person is appointed as a deputy judge is to be determined by the Commission with the agreement of the [F24 Department of Justice].]

(2) The appointment of a person as a deputy judge shall specify the term for which he is appointed [F25 as determined under subsection (1A)].

[F26 (3) Subject to subsection (4), the Commission may, with the agreement of a deputy judge and the [F27 Department of Justice], from time to time extend, for such period as it thinks appropriate, the term for which the deputy judge is appointed.]

[F28 (4) Neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the day on which he attains the age of [F29 75]]

(5) A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects [F30 and a reference in any statutory provision to, or which is to be construed as a reference to, a county court judge shall, for the purposes of or in relation to any proceedings in a county court, be construed as including a reference to a deputy judge appointed under this section].

(6) Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgment is reserved therein, that deputy judge shall, notwithstanding anything in sub-section (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgment so reserved.

(7) [F31 The Department of Justice shall pay] to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of[F32 the Treasury], determine.]

F19 1978 c. 23

F20 Words in s. 107(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F21 2002 c. 26

F22 Words in s. 107(1)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2

F23 S. 107(1A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F24 Words in s. 107(1A) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 2; S.R. 2010/147, art. 2(2)

F25 Words in s. 107(2) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F26 S. 107(3) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(5) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F27 Words in s. 107(3) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 2; S.R. 2010/147, art. 2(2)

F28 1993 c. 8

F29 Word in s. 107(4) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 6(3) (with Sch. 1 para. 43)

F30 1980 NI 3

F31 Words in s. 107(7) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 105 (with arts. 28-31); S.I. 2010/977, art. 1(2)

F32 1991 NI 24