Judicature (Northern Ireland) Act 1978

[F1 75 Official Solicitor. U.K.

[F2 (1) The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Supreme Court a person who is—

(a) a solicitor of the Supreme Court of at least 7 years' standing, or

(b) a member of the Bar of Northern Ireland of at least 7 years' standing.]

(2) The Official Solicitor shall have such powers and perform such duties as may be prescribed and as may be conferred or imposed on him—

(a) by or under this or any other Act; or

(b) by or in accordance with any direction given by the [F3 Lord Chief Justice].

[F4 (2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

(3) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The court may, in accordance with rules of court, order the costs of the Official Solicitor in respect of any business done by him to be paid out of any fund the subject of the proceedings or by any party to the proceedings and such costs shall be ascertained on taxation or measured.

(5) Where any powers or duties have been or are hereafter conferred on the Official Solicitor then, unless and until the court or a judge otherwise directs in any particular case, those powers may be exercised and those duties shall be performed by the holder of the office for the time being, and no further order or appointment shall be necessary by reason only that the person on whom the powers and duties were conferred or imposed has died or ceased to hold office.]

[F6 (6) The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation).

(7) The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury.

(8) Service as the Official Solicitor is employment in the civil service of the State for the purposes of section 1 of the Superannuation Act 1972 (Principal Civil Service Pension Scheme).

(9) While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor—

(a) may be appointed only if qualified for appointment as Official Solicitor,

(b) shall have all the powers and duties of the Official Solicitor, and

(c) may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.]

Textual Amendments

F1 S. 75 substituted by S.R. 1982/300, art. 4

F2 S. 75(1) substituted (1.5.2004) by Courts Act 2003 (c. 39), ss. 103(3), 110(1); S.I. 2004/1104, art. 3(e)

F3 Words in s. 75(2)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 35(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F4 S. 75(2A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 35(3); S. I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F5 S. 75(3) repealed (1.10.2003) by 2002 c. 26, ss. 86, 87(1), Sch. 13; S.R. 2003/416, art. 2(2)

F6 S. 75(6)-(9) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 103(4), 110(1); S.I. 2004/1104, art. 3(e)