Judicature (Northern Ireland) Act 1978

[F1 [F2 12B Tenure of office: Lord Chief Justice U.K.

(1) The Lord Chief Justice holds office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993).

(2) Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Chief Justice.

(3) A motion for such an address may be made—

(a) in the House of Commons, only by the Prime Minister;

(b) in the House of Lords, only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, only by another Minister of the Crown at the Lord Chancellor's request.

(4) No motion is to be made for the purposes of subsection (3) unless—

(a) the Prime Minister has, after consulting the Lord Chancellor, convened a tribunal as set out below, and

(b) the tribunal has reported to the Prime Minister recommending that P be removed from the office on the ground of misbehaviour.

(5) No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.

(6) No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.

(7) If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may suspend P from the office.

(8) If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).

(9) A tribunal is to consist of—

(a) a person who holds high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) and who does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,

(b) a person who is or has been a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and

(c) a lay member of the Northern Ireland Judicial Appointments Commission (see section 3(5)(c) of the Justice (Northern Ireland) Act 2002).

(10) The persons within subsection (9)(a) and (b) are to be selected by the Lord Chancellor after consulting—

(a) the President of the Supreme Court of the United Kingdom,

(b) the Lord Chief Justice of England and Wales, and

(c) the Lord President of the Court of Session;

(or, where an office is vacant or an office holder is not available, some other appropriate person).

(11) The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.

(12) The person within subsection (9)(a) is to be the chair of the tribunal.

(13) The tribunal's procedure is to be determined by the chair.

(14) The [F3 Department of Justice] may pay a member of a tribunal any such allowances or fees as it may determine.

(15) Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(a) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.]]

Textual Amendments

F1 S. 3(6) added by Administration of Justice Act 1982 (c. 53, SIF 38), s. 70, Sch. 8 para. 1

F2 Ss. 12-12C substituted for ss. 12, 12B (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(1), 5(7), Sch. 2 (with Sch. 5 paras. 10, 11); S.I. 2010/812, art. 2

F3 Words in s. 12B(14) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 5(1); S.R. 2010/147, art. 2(2)