Justice (Northern Ireland) Act 2002

5 Appointment to listed judicial offices N.I.

(1) Schedule 3 transfers to the First Minister and deputy First Minister, acting jointly, the power to make appointments, or recommendations for appointment, to listed judicial offices and makes provision about associated functions.

[F1 (1A) The Lord Chancellor must make an appointment, or a recommendation for an appointment, to fill any vacancy in a listed judicial office.

(1B) Subsection (1A) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.]

(2) Only a person selected by the Commission may be appointed, or recommended for appointment, to a listed judicial office.

(3) The [F2 Lord Chancellor] may at any time by notice require the Commission to select a person to be appointed, or recommended for appointment, to a listed judicial office.

(4) When the Commission is so required, it must—

(a) inform the [F3 Lord Chancellor] of the person selected to be appointed, or recommended for appointment, to the office, and

(b) make a report to [F4 the Lord Chancellor] on its process of selection, indicating the basis of its decision to select that person.

(5) If the [F5 Lord Chancellor does] not (within a reasonable time after receiving the report under subsection (4)(b)) appoint or recommend for appointment the person selected by the Commission, [F6 he] must by notice require the Commission to reconsider its decision; and the notice must include a statement of [F7 his] reasons for requiring it to do so.

(6) If the Commission is required to reconsider its decision, it must—

(a) after doing so, either re-affirm its selection or select a different person to be appointed, or recommended for appointment, to the office,

(b) inform the [F8 Lord Chancellor] of the outcome of its reconsideration, and

(c) make a report to [F9 the Lord Chancellor] indicating the basis of the decision made by it after its reconsideration.

(7) The [F10 Lord Chancellor] must, on being informed by the Commission of the outcome of the reconsideration of its decision, appoint, or recommend for appointment, the person selected by the Commission after the reconsideration.

[F11 (8) The selection of a person to be appointed, or recommended for appointment, to a listed judicial office (whether initially or after reconsideration) must be made solely on the basis of merit.

(9) Subject to that, the Commission must at all times engage in a programme of action which complies with subsection (10).

(10) A programme of action complies with this subsection if—

(a) it is designed to secure, so far as it is reasonably practicable to do so, that appointments to listed judicial offices are such that those holding such offices are reflective of the community in Northern Ireland;

(b) it requires the Commission, so far as it is reasonably practicable to do so, to secure that a range of persons reflective of the community in Northern Ireland is available for consideration by the Commission whenever it is required to select a person to be appointed, or recommended for appointment, to a listed judicial office; and

(c) it is for the time being approved by the Commission for the purposes of this section.]

Textual Amendments

F1 S. 5(1A)(1B) inserted (25.7.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 28(3), 31(1)

F2 Words in s. 5(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(2); S.R. 2005/282, art. 3

F3 Words in s. 5(4) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(3); S.R. 2005/282, art. 3

F4 Words in s. 5(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(3); S.R. 2005/282, art. 3

F5 Words in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(4)(a); S.R. 2005/282, art. 3

F6 Word in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(4)(b); S.R. 2005/282, art. 3

F7 Word in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(4)(c); S.R. 2005/282, art. 3

F8 Words in s. 5(6) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(5); S.R. 2005/282, art. 3

F9 Words in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(5); S.R. 2005/282, art. 3

F10 Words in s. 5(7) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(6); S.R. 2005/282, art. 3

F11 S. 5(8)-(10) substituted (15.6.2005) for s. 5(8)(9) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 3, 19(1); S.R. 2005/282, art. 3

Commencement Information

I1 S. 5 partly in force; s. 5 not in force at Royal Assent see s. 87; s. 5(2)-(9) in force for certain purposes at 15.6.2005 and 10.12.2005 by S.R. 2005/281, art. 3, Sch. 2