Judicature (Northern Ireland) Act 1978

74 Deputies and temporary appointments. U.K.

[F1 (1) In order to facilitate the disposal of business, the Northern Ireland Judicial Appointments Commission may, after consultation with the Lord Chief Justice, appoint a suitably qualified person—

(a) to act as a deputy for any statutory officer, or

(b) to act as a temporary additional statutory officer,

during such period or on such occasions as the Commission determines with the agreement of the [F2 Department of Justice] .

(1A) The [F3 Department of Justice] must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1).

(1B) The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to deputies for statutory officers or temporary additional statutory officers.]

(2) A person acting in an office by virtue of an appointment under subsection (1) shall have all the powers of a person permanently appointed to that office.

(3) Where anything is for the time being authorised or required by this Act or any other statutory provision to be done to or by a particular statutory officer and—

(a) that statutory officer is not available because of absence or other reason and no person may, by virtue of subsections (1) and (2), exercise his powers; or

(b) his office is vacant,

then it may, unless the [F4 Lord Chief Justice] otherwise directs, be done during such unavailability or vacancy to or by any other statutory officer.

(4) Where for any purpose it is necessary for a judge of the High Court or the Court of Appeal to sit outside Belfast, he may, with the approval of the Lord Chief Justice, appoint a judge’s registrar.

(5) [F5 The Department of Justice shall pay] to any person appointed under this section such remuneration and allowances [F6 as the Lord Chancellor may], with the consent of the Minister for the Civil Service, determine.

Textual Amendments

F1 S. 74(1)-(1B) substituted for s. 74(1) (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 16(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F2 Words in s. 74(1) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 5(3); S.R. 2010/147, art. 2(2)

F3 Words in s. 74(1A) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 5(4); S.R. 2010/147, art. 2(2)

F4 Words in s. 74(3) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 16(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F5 Words in s. 74(5) 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. 20(a) (with arts. 28-31)

F6 Words in s. 74(5) 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. 20(b) (with arts. 28-31)

Modifications etc. (not altering text)

C1 S. 74(5) 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(g) (with arts. 28-31)