6A.—(1) A court may not order any resident magistrate,[F2 lay magistrate] or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—
(a)as[F2 a resident magistrate or a lay magistrate]; or
(b)as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates' court.
(2) Paragraph (1) does not apply in relation to—
(a)any proceedings in which a resident magistrate,[F2 lay magistrate] or clerk of petty sessions is being tried for an offence or is appealing against a conviction; or
(b)any proceedings in which it is proved that a resident magistrate,[F2 lay magistrate] or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings.
(3) Where a court is prevented by paragraph (1) from ordering a resident magistrate,[F2 lay magistrate] or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.
(4) The Lord Chancellor may[F3, after consultation with the Lord Chief Justice,] by regulations specify—
(a)circumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); and
(b)how the amount of any payment ordered under that paragraph is to be determined.
[F4(4A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4)—
(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).]
(5) Regulations under paragraph (4) shall be subject to [F5negative resolution].]
F3Words in art. 6A(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 62(2); S.I. 2006/1014, art. 2(a), Sch. 1
F4Art. 6A(4A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 62(3); S.I. 2006/1014, art. 2(a), Sch. 1
F5Words in art. 6A(5) 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. 132 (with arts. 28-31); S.I. 2010/977, art. 1(2)