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This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Justice (Northern Ireland) Act 2002, Cross Heading: Appointment and removal.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Sections 3 to 8 make provision about appointment to and removal from—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the offices listed in Schedule 1.
(2)The [F2Lord Chancellor] may by order amend Schedule 1 by—
(a)adding an office (other than the office of Lord Chief Justice or Lord Justice of Appeal),
(b)omitting an office, or
(c)altering the description of an office.
(3)No order under subsection (2) may be made without the agreement of the Lord Chief Justice.
(4)An order under subsection (2) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).
(5)In this Act—
F3...
“listed judicial office” means an office listed in Schedule 1, and
“protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.
Textual Amendments
F1S. 2(1)(a) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 1(2); S.I. 2010/812, art. 2
F2Words in s. 2(2) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 1; S.R. 2005/282, art. 3
F3Words in s. 2(5) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(1); S.R. 2010/147, art. 2(2)
Modifications etc. (not altering text)
C1S. 2(2): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 17 (with arts. 28-31)
(1)There is to be a body corporate known as the Northern Ireland Judicial Appointments Commission.
(2)The Commission is to consist of—
(a)a chairman, and
(b)twelve other members appointed by the [F4Lord Chancellor].
(3)Schedule 2 makes further provision about the Commission.
(4)The Lord Chief Justice is to be the chairman of the Commission; but for any time during which—
(a)the office of Lord Chief Justice is vacant, or
(b)he is not available,
the senior Lord Justice of Appeal who is available is to act as the chairman (whether or not he is already a member).
(5)The following are to be appointed as the other members—
(a)five persons nominated by the Lord Chief Justice (referred to in this section and Schedule 2 as “judicial members”),
(b)a barrister nominated by the General Council of the Bar of Northern Ireland and a solicitor nominated by the Law Society of Northern Ireland (so referred to as “legal profession members”), and
(c)five persons who do not hold (and have never held) a protected judicial office and are not (and have never been) barristers or solicitors (so referred to as “lay members”);
and a reference in Schedule 2 to a non-judicial member is to a member who is either a legal profession member or a lay member.
(6)The judicial members are to be—
(a)a Lord Justice of Appeal,
(b)a judge of the High Court,
(c)a county court judge,
(d)a resident magistrate, and
(e)a lay magistrate.
(7)A person may not be appointed to be a lay member unless he has declared in writing his commitment to non-violence and exclusively peaceful and democratic means.
[F5(8)It is the duty of—
(a)the Lord Chancellor, and
(b)those responsible for making nominations under subsection (5)(a) and (b),
to make such arrangements in connection with the exercise of their functions under this section as will, so far as is practicable, secure that the membership of the Commission is reflective of the community in Northern Ireland.]
Textual Amendments
F4Words in s. 3(2)(b) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 2; S.R. 2005/282, art. 3
F5S. 3(8) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 2(1), 19(1); S.R. 2005/282, art. 3
Modifications etc. (not altering text)
C2S. 3(2)(b): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(2) (with arts. 15(6), 28-31)
C3S. 3(8)(a): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(2) (with arts. 15(6), 28-31)
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6S. 4 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 2; S.I. 2010/812, art. 2
Schedule 3 (which is about the making of appointments to listed judicial offices) has effect.]
Textual Amendments
F7S. 5 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 3 (with Sch. 5 para. 12); S.I. 2010/812, art. 2
(1)Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under [F9Schedule 3].
(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3)But nothing in this section authorises the making of a disclosure—
(a)which contravenes the [F10the data protection legislation], or
(b)which is prohibited by [F11any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].
(4)This section does not affect a power to disclose which exists apart from this section.
(5)The following are permitted persons—
(a)a chief officer of police of a police force in England and Wales;
[F12(b)the chief constable of the Police Service of Scotland;]
(c)the Chief Constable of the Police Service of Northern Ireland;
(d)the Director General of the National Criminal Intelligence Service;
(e)the Director General of the National Crime Squad;
(f)the Commissioners of Inland Revenue;
(g)the Commissioners of Customs and Excise.
(6)The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
(7)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
(8)The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—
(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,
(b)in the case of the Commissioners of Customs and Excise, to a customs officer.
(9)For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.
[F13(10)In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]]
Textual Amendments
F8S. 5A inserted (15.6.2005 for specified purposes, 12.4.2010 in so far as not already in force) by Constitutional Reform Act 2005 (c. 4), ss. 123(2), 148(1); S.I. 2005/1431, art. 2(a); S.I. 2010/883, art. 2(b)
F9Words in s. 5A(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 4; S.I. 2010/812, art. 2
F10Words in s. 5A(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 78(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F11Words in s. 5A(3)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 11 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F12S. 5A(5)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 38
F13S. 5A(10) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 78(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Modifications etc. (not altering text)
C4S. 5A applied by 1998 c. 47, Sch. 11 para. 2A(5) (as inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 5 para. 4; S.I. 2010/812, art. 2)
C5S. 5A(6): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(2) (with arts. 15(6), 28-31)
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14S. 6 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 5; S.I. 2010/812, art. 2
(1)A person holding a listed judicial office may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.
(2)The power to remove or suspend him is exercisable by the [F15Lord Chief Justice].
(3)He may only be removed if a tribunal convened under section 8 has reported to the [F16Lord Chief Justice] recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.
(4)He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to [F17the Lord Chief Justice] that he be suspended.
F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)If he 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).
[F19(6A)If the Lord Chief Justice does not remove or suspend a person (“P”) in accordance with a recommendation as mentioned in subsection (3) or (4), the Lord Chief Justice must notify the following of the Lord Chief Justice's reasons for not removing or suspending P—
(a)P;
(b)the tribunal;
(c)if the tribunal was convened by the Northern Ireland Judicial Appointments Ombudsman, the Ombudsman.]
(7)Nothing in subsections (1) to [F20(6A)] applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see [F21section 12C] of the Judicature (Northern Ireland) Act 1978 (c. 23) F22...).
(8)But, subject to that, those subsections apply whatever the date of a person’s appointment.
Textual Amendments
F15Words in s. 7(2) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(2); S.I. 2010/812, art. 2
F16Words in s. 7(3) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(3); S.I. 2010/812, art. 2
F17Words in s. 7(4) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(4); S.I. 2010/812, art. 2
F18S. 7(5) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(5); S.I. 2010/812, art. 2
F19S. 7(6A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(6); S.I. 2010/812, art. 2
F20Words in s. 7(7) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(7)(a); S.I. 2010/812, art. 2
F21Words in s. 7(7) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(7)(b); S.I. 2010/812, art. 2
F22Words in s. 7(7) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(7)(c); S.I. 2010/812, art. 2
Modifications etc. (not altering text)
C6S. 7 applied (1.10.2022 in so far as not already in force, 10.3.2022 for specified purposes) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 126(7)(8), 131(1)(4)(c); S.I. 2022/1014, reg. 2(a)
Commencement Information
I1S. 7(1)-(4)(6)-(8) in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 1
Prospective
(1)A tribunal to consider the removal of the holder of a listed judicial office may be convened—
(a)by the Lord Chief Justice after consulting the Northern Ireland Judicial Appointments Ombudsman, or
(b)by the Ombudsman after consulting the Lord Chief Justice.
(2)A tribunal is to consist of—
(a)a Lord Justice of Appeal or a judge of the High Court,
(b)a person who holds an office within section 3(6)(a) to (e), and
(c)a lay member of the Commission (see section 3(5)(c)).
(3)The persons within subsection (2)(a) and (b) are to be selected by the Lord Chief Justice and the person within subsection (2)(c) is to be selected by the Ombudsman.
(4)Unless the Commission otherwise agrees, the persons within subsection (2)(a) and (b) must be judicial members of the Commission (see section 3(5)(a)).
(5)The person within subsection (2)(a) is to be the chair of the tribunal.
(6)The tribunal's procedure is to be determined by the Lord Chief Justice.
(7)The [F24Department of Justice] may pay a member of a tribunal any such allowances or fees as it may determine.]
Textual Amendments
F23S. 8 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 7; S.I. 2010/812, art. 2
F24Words in s. 8(7) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Editorial Information
X1The omission of the cross-heading before s. 9 on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of s. 9.
Textual Amendments
F25S. 9 repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 119(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
Commencement Information
I2S. 9 wholly in force at 1.4.2005: s. 9 not in force at Royal Assent see s. 87: s. 9(4)(5)(6)(14) in force at 15.10.2002 by S.R 2002/319, art. 2, Sch.; s. 9(1)-(3)(7)-(11)(13) in force at 1.9.2004 by S.R. 2004/301, art. 2; s. 9(12) in force at 1.4.2005 by S.R. 2005/109, art. 2, Sch.
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