Judicature (Northern Ireland) Act 1978

8 Additional provisions as to persons rendering judicial assistance. U.K.

(1) A person may sit and act under section 6 or 7 as a judge of a court for the purpose of a particular case or cases or during a specified period and whether or not all the judges of that court are sitting or are available to sit.

[F1 (1A) For this purpose, an appointment under section 7(3) is to be made for—

(a) a particular case or cases determined by the Lord Chief Justice or a person within section 7(5)(a) or (b) nominated by the Lord Chief Justice to make determinations under this paragraph, or

(b) a period specified by the Northern Ireland Judicial Appointments Commission with the agreement of the [F2 Department of Justice] .]

(2) Every person while sitting and acting under section 6 or 7 shall, subject to subsection (3), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is sitting and acting.

(3) A person shall not by virtue of subsection (2) be treated as a judge of the court in which he is sitting and acting for the purposes of any statutory provision relating to—

(a) the appointment, retirement, removal or disqualification of judges of that court;

(b) the tenure of office and oaths to be taken by such judges; or

(c) the remuneration, allowances or pensions of such judges.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 8(1A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 13 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F2 Words in s. 8(1A)(b) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 5(1); S.R. 2010/147, art. 2(2)

F3 S. 8(4) repealed (31.3.1995) by 1993 c. 8, ss. 31, Sch.9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631 art. 2