Magistrates' Courts Act (Northern Ireland) 1964

PART II N.I. RESIDENT MAGISTRATES AND JUSTICES OF THE PEACE

N.I. Appointment, oath and removal of justices of the peace

F1 [3 Justices of the peace. N.I.

Justices of the peace shall be appointed in accordance with section 103 of the Judicature (Northern Ireland) Act 1978 M1 .]

F1 1978 c.23

Marginal Citations

M1 1978 c. 23

S. 4 rep. by SRO (NI) 1973/341; SLR 1973; 1978 c. 23

S. 5 rep. by 1978 c. 23

6 Persons disqualified for acting as justices. N.I.

(1 )F2 A person shall not be capable of acting as a justice of the peace whilst he holds office asF3 . . . , [F4 [F5 a civil servant in the Department of Justice], notary public or commissioner for oaths].

(2) If any justice of the peace is adjudged bankrupt, or makes any arrangement or composition with his creditors under the Irish Bankrupt and Insolvent Act 1857 [1857 c.60] or the Bankruptcy (Ireland) Amendment Act 1872 [1872 c.58] , he shall be and remain incapable of acting as a justice of the peace until he has been again appointed a justice of the peace.

[F6 (3) A person who is adjudged bankrupt shall not be capable of being appointed a justice of the peace unless and until either the adjudication of bankruptcy is annulled or he is discharged]

[F7 (3ZA) A person in relation to whom a moratorium period under a debt relief order applies shall not be capable of being appointed a justice of the peace.]

[F8 (3A) A person who is the subject of a bankruptcy restrictions order [F9 or who is subject to a debt relief restrictions order] shall not be capable of being appointed a justice of the peace]

(4) A person shall not be deemed incapable, on grounds of interest or bias, of acting as a justice of the peace in relation to any matter concerning a local authority by reason only that—

(a) he is a member of that authority;

(b) he is one of several persons liable to be assessed to, or to pay, rates [F10 made] by that authority; or

(c) he is one of any other class of persons liable in common with the others to contribute to, or be benefited by, any rate or fund maintained by that authority or out of which the expenses of that authority are required or authorised to be defrayed.

(5) Except as provided by subsection (4), nothing in this section shall affect the operation of any rule of law disqualifying a person for acting as justice of the peace in any matter on the ground of interest or bias.

(6) This section shall not prejudice or affect the operation of—

(a) any enactment imposing a disqualification in consequence of any corrupt or illegal practice at an election; or

(b) any enactment (not being an enactment repealed by this Act) which provides that a justice of the peace shall not act in a capacity specified in that enactment.

F2 1975 NI 7; 1981 NI 26

F3 SR 1982/192

F4 1978 c.23

F5 Words in s. 6(1) substituted (12.4.2010) by Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 4, Sch. para. 1 (with arts. 5-7)

F6 S. 6(3) substituted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. Pt para. 2(2)(a)

F7 S. 6(3ZA) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 3(a)

F8 S. 6(3A) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 2(2)(b)

F9 Words in s. 6(3A) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 3(b)

F10 1977 NI 28

S. 7 rep. by 2002 c. 26

S. 8 rep. by 1978 c. 23

N.I. Appointment and removal of resident magistrates

F11 [9 Appointment and assignment of resident magistrates. N.I.

(1) Her Majesty mayF12 . . . appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments[F13 are—

(a) members of the Bar of Northern Ireland of at least seven years' standing; or

(b) solicitors of the[F14 Court of Judicature] 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 the[F15 Lord Chief Justice].

(4) A resident magistrate may, in accordance with such directions, sit in any petty sessions district.

(5) Subject to subsections (3) and (4), the[F15 Lord Chief Justice] may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.]

F11 1978 c.23

F12 Words in s. 9(1) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), ss. 2(4), 5(7)(a), Sch. 5 para. 3; S.I. 2010/812, art. 2

F13 2002 c. 26

F14 Words in s. 9(1)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6(1); S.I. 2009/1604, art. 2(d)

F15 Words in s. 9(3)(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para.16; S.I. 2006/1014, art.2(a), Sch. 1 para. 12(a)

10 Appointment of deputy resident magistrates. N.I.

[F16 (1) The Northern Ireland Judicial Appointments Commission may appoint fit and proper persons, being persons who are eligible for appointment as district judges (magistrates' courts), to act as deputy district judges (magistrates' courts)—

(a) during such period or periods as the Commission, with the agreement of the [F17 Department of Justice], may direct, and

(b) subject to such conditions as the Lord Chancellor may impose.]

(2) Any deputy resident magistrate may exercise and perform all the functions of a resident magistrate.

F16 S. 10(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3)(4), 5(7)(a), Sch. 4 para. 4 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F17 Words in s. 10(1)(a) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 3; S.R. 2010/147, art. 2(2)

11 Removal of resident magistrates from office. N.I.

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 S. 11 repealed (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87(1), Sch. 13; S.R. 2006/124, art. 2, Sch. paras. 9, 11(c)

N.I. Remuneration

12 Remuneration of resident magistrates. N.I.

(1) [F19 The Lord Chancellor may, with the consent of the Minister for the Civil Service, determine the salaries] and allowances to be paid to resident magistrates and the conditions applicable thereto.

[F20 (1A) Subject to section 168(2), sums payable under subsection (1) are to be paid by the Department of Justice.]

(2) Nothing in this section shall affect—

Para.(a) spent

(b) the provisions of the Resident Magistrates' Pensions Act (Northern Ireland) 1960 or section 6(5) of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 [1935 c.13] in relation to resident magistrates to whom those provisions apply.

F19 1978 c.23

F20 S. 12(1A) inserted (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. 108(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[F21 12A Travelling, subsistence and financial loss allowances for justices of the peace. N.I.

(1) Subject to the provisions of this section, a justice of the peace other than a resident magistrate shall be entitled—

(a) to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice, and

(b) to receive payments by way of financial loss allowance where for that performance there is incurred by him any other expenditure to which he would not otherwise be subject or there is suffered by him any loss of earnings or of benefit under the enactments relating to social security which he would otherwise have made or received.

[F22 (2) Allowances under this section shall be paid by the [F23 Department of Justice] at rates determined by that department with the consent of the Department of Finance and Personnel.]]

F21 1982 c.53

F22 S. 12A(2) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3)(4), 5(7)(a), Sch. 4 para. 5 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F23 Words in s. 12A(2) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 3; S.R. 2010/147, art. 2(2)

Ss. 13‐26 rep. by 1981 NI 26

Ss. 27‐29 rep. by 1978 c. 23

Ss. 30‐46 rep. by 1981 NI 26

S. 47 rep. by 1978 c. 23

Ss. 48‐62 rep. by 1981 NI 26

S. 63 rep. by 1980 NI 6

Ss. 64‐66 rep. by 1981 NI 26

S. 67 rep. by 1969 c. 16 (NI)

Ss. 68‐104B rep. by 1981 NI 26

Ss. 105‐107 rep. by 1969 c. 30 (NI)

S. 108 rep. by 1981 NI 26

S. 109 rep. by 1972 NI 16; 1980 NI 5

Ss. 110‐118 rep. by 1981 NI 26

S. 119 rep. by 1969 c. 30 (NI)

Ss. 120‐150 rep. by 1981 NI 26

S. 151 rep. by 1978 c. 23

Ss. 152‐167 rep. by 1981 NI 26

N.I. Supplemental

F24 168 Expenses. N.I.

Subs. (1) rep. by 1981 NI 26

(2) There shall be charged on and paid out of the[F25 Consolidated Fund of Northern Ireland] the salaries payable to resident magistrates under this Act or the Resident Magistrates (Belfast) Act 1911 [1911 c.58] .

Subs. (3) rep. by 1981 NI 26

F24 1978 c.23

F25 Words in s. 168(2) 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. 108(3) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Ss. 169‐171 rep. by 1981 NI 26

S. 172 rep. by SLR 1973

173 Short title and collective citation. N.I.

(1) This Act may be cited as the Magistrates Courts Act (Northern Ireland) 1964 and shall be included among the Acts which may be cited to gether as the Summary Jurisdiction Acts (Northern Ireland).

Subs. (2) rep. by 1978 c. 23