Judicature (Northern Ireland) Act 1978

[F1 7 Further assistance for transaction of judicial business. U.K.

(1) A person who not being a judge of the High Court or the Court of Appeal—

(a) holds or has held the office of a [F2 judge of the Supreme Court] and before his appointment to that office [F3 was a member of the Bar of Northern Ireland, or a solicitor of the [F4 Court of Judicature], of at least ten years’ standing]; or

(b) has held the office of a judge of the High Court or the Court of Appeal,

may [F5 at anytime] at the request of the [F6 Lord Chief Justice] sit and act as a judge of the High Court or the Court of Appeal [F7 at any time on or before the day on which he attains the age of seventy-five.]

(2) A county court judge shall, if requested to do so by the [F6 Lord Chief Justice], sit and act as a judge of the High Court.

[F8 (3) The Northern Ireland Judicial Appointments Commission may appoint a person qualified for appointment as a judge of the High Court to sit and act as a judge of the High Court as a temporary measure in order to facilitate the disposal of business in the High Court or the Crown Court.]

(4) For any period during which a person who does not hold office as a [F2 judge of the Supreme Court] or as a county court judge sits and acts under this section [F9 the Department of Justice shall pay] to him such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

[F10 (5) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(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).]]

Textual Amendments

F1 S. 3(6) added by Administration of Justice Act 1982 (c. 53, SIF 38), s. 70, Sch. 8 para. 1

F2 Words in s. 7(1)(a)(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 21(2); S.I. 2009/1604, art. 2(e)

F3 Words in s. 7(1) substituted (15.10.2002) by 2002 c. 26, s. 18(2); S.R. 2002/319, art. 2, Sch.

F4 Words in s. 7(1)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6(1); S.I. 2009/1604, art. 2(d)

F5 Words in s. 7(1) repealed (31.3.1995) by 1993 c. 8, ss. 26, 31, Sch. 6 para. 7(a), Sch. 9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631 art. 2

F6 Words in s. 7(1)(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 23(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F7 Words in s. 7(1) added (31.3.1995) by 1993 c. 8, ss. 26, 31(2), Sch. 6 para. 7(b) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631 art. 2

F8 S. 7(3) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 12 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F9 Words in s. 7(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 13 (with arts. 28-31)

F10 S. 7(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 23(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

Modifications etc. (not altering text)

C1 S. 7 restricted (31.3.1995) by 1993 c. 8, ss. 26(7)(e), 31(2) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631 art. 2

C2 S. 7(4) 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. 6(a) (with arts. 28-31)