Judicature (Northern Ireland) Act 1978

Magistrate's Courts

100 Appointment and assignment of resident magistrates

For section 9 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 there shall be substituted the following section—

“9 Appointment and assignment of resident magistrates.

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint fit and proper persons to be resident magistrates, being persons who at the dates of their appointments have practised for not less than seven years either as a member of the Bar of Northern Ireland or as a solicitor of the Supreme Court.

(2) Without prejudice to section 7, a resident magistrate on his appointment shall forthwith take the oath of allegiance and the judicial oath as required by the [1868 c. 72.] Promissory Oaths Act 1868.

(3) A resident magistrate shall sit in accordance with directions given by the Lord Chancellor.

(4) A resident magistrate may, in accordance with such directions, sit in any petty sessions district.

(5) Subject to subsections (3) and (4), the Lord Chancellor may assign a resident magistrate to one or more petty sessions districts and may from time to time vary any such assignment.”.

101 Petty sessions and petty sessions districts

For subsections (2) and (3) of section 21 of the Magistrates' Courts Act (Northern Ireland) 1964 there shall be substituted the following subsections—

“(2) The Lord Chancellor may by order specify the petty sessions districts into which Northern Ireland shall be divided.

(3) The Lord Chancellor may give directions as to—

(a) the places at which petty sessions are to be held;

(b) the days on which petty sessions are to be held regularly for a petty sessions district;

(c) the ordinary hours of sitting of courts of summary jurisdiction;

(d) the nature of the business to be transacted by any court of summary jurisdiction ;

(e) notwithstanding anything in section 144, the place of hearing of appeals to the county court from any petty sessions;

(f) such other incidental, consequential, transitional or supplementary matters as appear to the Lord Chancellor to be necessary or proper.”.