Justice (Northern Ireland) Act 2002

Part 1 U.K. The Judiciary

General U.K.

[F1 1 Guarantee of continued judicial independence U.K.

(1) The following persons must uphold the continued independence of the judiciary—

(a) the First Minister,

(b) the deputy First Minister,

(c) Northern Ireland Ministers, and

(d) all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.

(2) The following particular duty is imposed for the purpose of upholding that independence.

(3) The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.

(4) In this section “the judiciary” includes the judiciary of any of the following—

(a) the Supreme Court;

(b) any other court established under the law of any part of the United Kingdom;

(c) any international court.

(5) In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

(a) an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or

(b) a resolution of the Security Council or General Assembly of the United Nations.]

Textual Amendments

F1 S.1 substituted (8.5.2007) by Constitutional Reform Act 2005 (c. 4), ss. 4(1), 148; S.I. 2007/1121, art. 2

Appointment and removal U.K.

2 Introductory N.I.

(1) Sections 3 to 8 make provision about appointment to and removal from—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the offices listed in Schedule 1.

(2) The [F3 Lord Chancellor] may by order amend Schedule 1 by—

(a) adding an office (other than the office of Lord Chief Justice or Lord Justice of Appeal),

(b) omitting an office, or

(c) altering the description of an office.

(3) No order under subsection (2) may be made without the agreement of the Lord Chief Justice.

(4) An order under subsection (2) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

(5) In this Act—

• F4 ...

• “listed judicial office” means an office listed in Schedule 1, and

• “protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.

Textual Amendments

F2 S. 2(1)(a) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 1(2); S.I. 2010/812, art. 2

F3 Words in s. 2(2) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 1; S.R. 2005/282, art. 3

F4 Words in s. 2(5) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(1); S.R. 2010/147, art. 2(2)

Modifications etc. (not altering text)

C1 S. 2(2): 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. 17 (with arts. 28-31)

3 Judicial Appointments Commission N.I.

(1) There is to be a body corporate known as the Northern Ireland Judicial Appointments Commission.

(2) The Commission is to consist of—

(a) a chairman, and

(b) twelve other members appointed by the [F5 Lord Chancellor].

(3) Schedule 2 makes further provision about the Commission.

(4) The Lord Chief Justice is to be the chairman of the Commission; but for any time during which—

(a) the office of Lord Chief Justice is vacant, or

(b) he is not available,

the senior Lord Justice of Appeal who is available is to act as the chairman (whether or not he is already a member).

(5) The following are to be appointed as the other members—

(a) five persons nominated by the Lord Chief Justice (referred to in this section and Schedule 2 as “judicial members”),

(b) a barrister nominated by the General Council of the Bar of Northern Ireland and a solicitor nominated by the Law Society of Northern Ireland (so referred to as “legal profession members”), and

(c) five persons who do not hold (and have never held) a protected judicial office and are not (and have never been) barristers or solicitors (so referred to as “lay members”);

and a reference in Schedule 2 to a non-judicial member is to a member who is either a legal profession member or a lay member.

(6) The judicial members are to be—

(a) a Lord Justice of Appeal,

(b) a judge of the High Court,

(c) a county court judge,

(d) a resident magistrate, and

(e) a lay magistrate.

(7) A person may not be appointed to be a lay member unless he has declared in writing his commitment to non-violence and exclusively peaceful and democratic means.

[F6 (8) It is the duty of—

(a) the Lord Chancellor, and

(b) those responsible for making nominations under subsection (5)(a) and (b),

to make such arrangements in connection with the exercise of their functions under this section as will, so far as is practicable, secure that the membership of the Commission is reflective of the community in Northern Ireland.]

Textual Amendments

F5 Words in s. 3(2)(b) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 2; S.R. 2005/282, art. 3

F6 S. 3(8) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 2(1), 19(1); S.R. 2005/282, art. 3

Modifications etc. (not altering text)

C2 S. 3(2)(b): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(2) (with arts. 15(6), 28-31)

C3 S. 3(8)(a): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(2) (with arts. 15(6), 28-31)

Prospective

F7 4 Appointment to most senior judicial offices N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 4 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 2; S.I. 2010/812, art. 2

[F8 5 Appointment to listed judicial offices N.I.

Schedule 3 (which is about the making of appointments to listed judicial offices) has effect.]

Textual Amendments

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

[F9 5A Disclosure of information to the Commission N.I.

(1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under [F10 Schedule 3].

(2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(3) But nothing in this section authorises the making of a disclosure—

(a) which contravenes the Data Protection Act 1998, or

(b) which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(4) This section does not affect a power to disclose which exists apart from this section.

(5) The following are permitted persons—

(a) a chief officer of police of a police force in England and Wales;

[F11 (b) the chief constable of the Police Service of Scotland;]

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the Director General of the National Criminal Intelligence Service;

(e) the Director General of the National Crime Squad;

(f) the Commissioners of Inland Revenue;

(g) the Commissioners of Customs and Excise.

(6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(7) Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

(8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

(a) in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

(b) in the case of the Commissioners of Customs and Excise, to a customs officer.

(9) For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.]

Textual Amendments

F9 S. 5A inserted (15.6.2005 for specified purposes, 12.4.2010 in so far as not already in force) by Constitutional Reform Act 2005 (c. 4), ss. 123(2), 148(1); S.I. 2005/1431, art. 2(a); S.I. 2010/883, art. 2(b)

F10 Words in s. 5A(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 4; S.I. 2010/812, art. 2

F11 S. 5A(5)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 38

Modifications etc. (not altering text)

C4 S. 5A applied by 1998 c. 47, Sch. 11 para. 2A(5) (as inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 5 para. 4; S.I. 2010/812, art. 2)

C5 S. 5A(6): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(2) (with arts. 15(6), 28-31)

Prospective

F12 6 Removal from most senior judicial offices N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 6 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 5; S.I. 2010/812, art. 2

7 Removal from listed judicial offices N.I.

(1) A person holding a listed judicial office may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.

(2) The power to remove or suspend him is exercisable by the [F13 Lord Chief Justice].

(3) He may only be removed if a tribunal convened under section 8 has reported to the [F14 Lord Chief Justice] recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

(4) He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to [F15 the Lord Chief Justice] that he be suspended.

F16 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

[F17 (6A) If the Lord Chief Justice does not remove or suspend a person (“P”) in accordance with a recommendation as mentioned in subsection (3) or (4), the Lord Chief Justice must notify the following of the Lord Chief Justice's reasons for not removing or suspending P—

(a) P;

(b) the tribunal;

(c) if the tribunal was convened by the Northern Ireland Judicial Appointments Ombudsman, the Ombudsman.]

(7) Nothing in subsections (1) to [F18 (6A)] applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see [F19 section 12C] of the Judicature (Northern Ireland) Act 1978 (c. 23) F20 ...).

(8) But, subject to that, those subsections apply whatever the date of a person’s appointment.

Textual Amendments

F13 Words in s. 7(2) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(2); S.I. 2010/812, art. 2

F14 Words in s. 7(3) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(3); S.I. 2010/812, art. 2

F15 Words in s. 7(4) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(4); S.I. 2010/812, art. 2

F16 S. 7(5) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(5); S.I. 2010/812, art. 2

F17 S. 7(6A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(6); S.I. 2010/812, art. 2

F18 Words in s. 7(7) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(7)(a); S.I. 2010/812, art. 2

F19 Words in s. 7(7) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(7)(b); S.I. 2010/812, art. 2

F20 Words in s. 7(7) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 6(7)(c); S.I. 2010/812, art. 2

Commencement Information

I1 S. 7(1)-(4)(6)-(8) in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 1

Prospective

[F21 8 Tribunals for considering removal N.I.

(1) A tribunal to consider the removal of the holder of a listed judicial office may be convened—

(a) by the Lord Chief Justice after consulting the Northern Ireland Judicial Appointments Ombudsman, or

(b) by the Ombudsman after consulting the Lord Chief Justice.

(2) A tribunal is to consist of—

(a) a Lord Justice of Appeal or a judge of the High Court,

(b) a person who holds an office within section 3(6)(a) to (e), and

(c) a lay member of the Commission (see section 3(5)(c)).

(3) The persons within subsection (2)(a) and (b) are to be selected by the Lord Chief Justice and the person within subsection (2)(c) is to be selected by the Ombudsman.

(4) Unless the Commission otherwise agrees, the persons within subsection (2)(a) and (b) must be judicial members of the Commission (see section 3(5)(a)).

(5) The person within subsection (2)(a) is to be the chair of the tribunal.

(6) The tribunal's procedure is to be determined by the Lord Chief Justice.

(7) The [F22 Department of Justice] may pay a member of a tribunal any such allowances or fees as it may determine.]

Textual Amendments

F21 S. 8 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 7; S.I. 2010/812, art. 2

F22 Words in s. 8(7) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)

X1 9 Lay magistrates N.I.

(1) The [F23 Commission] must, for each county court division, appoint persons to be lay magistrates for the division.

(2) A person may not be appointed to be a lay magistrate unless—

(a) he has completed a course of training [F24 approved by the Lord Chief Justice after consultation with the [F25 Department of Justice], or]

(b) he has given an undertaking in writing to attend such a course of training.

(3) It is a condition of the appointment of a person under subsection (2)(b) that he will complete such a course of training within the period of one year beginning with the date of his appointment or [F26 such longer period as the Lord Chief Justice may, after consulting the [F27 Department of Justice], allow.]

(4) The [F28 Department of Justice] may [F29 , after consultation with the Lord Chief Justice,] by order make further provision about eligibility for appointment to be a lay magistrate.

(5) The provision which may be made by an order under subsection (4) includes (in particular) provision that a person may not be appointed to be a lay magistrate—

(a) if he does not reside or work in, or within a prescribed distance of, the county court division to which the appointment relates,

(b) if he, or a person related to or otherwise connected with him in a prescribed manner, holds an office of a prescribed description, has an occupation of a prescribed description or has been selected as a candidate for election to a prescribed body,

(c) if a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) if he has been convicted of a prescribed offence,

unless [F30 , after consultation with the Lord Chief Justice,]the [F31 Department of Justice] otherwise determines in the case of a particular person.

(6) “Prescribed” means prescribed in the order.

(7) No act by a person appointed to be a lay magistrate is invalidated by reason only that he is not a lay magistrate because he was not eligible to be appointed.

(8) A lay magistrate ceases to hold office on the day on which he attains the age of 70.

(9) No act by a person who has been a lay magistrate is invalidated by reason only that he has ceased to hold office under subsection (8).

(10) F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33 (11) The [F34 Department of Justice] must pay to lay magistrates any such allowances as it may determine.]

(12) The Lord Chief Justice, Lords Justices of Appeal, judges of the High Court and county court judges may exercise any function of a lay magistrate (in relation to any matter arising within any county court division).

F35 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) “County court division” means a division specified under Article 3(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)).

Editorial Information

X1 The omission of the cross-heading before s. 9 on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of s. 9.

Textual Amendments

F23 Word in s. 9(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 33(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F24 Words in s. 9(2)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F25 Words in s. 9(2)(a) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)

F26 Words in s. 9(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F27 Words in s. 9(3) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)

F28 Words in s. 9(4) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)

F29 Words in s. 9(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F30 Words in s. 9(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F31 Words in s. 9(5) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)

F32 S. 9(10) repealed (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87(1), Sch. 13; S.R. 2006/124, art. 2, Sch.

F33 S. 9(11) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 33(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F34 Words in s. 9(11) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)

F35 S. 9(13) repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)

Commencement Information

I2 S. 9 wholly in force at 1.4.2005: s. 9 not in force at Royal Assent see s. 87: s. 9(4)(5)(6)(14) in force at 15.10.2002 by S.R 2002/319, art. 2, Sch.; s. 9(1)-(3)(7)-(11)(13) in force at 1.9.2004 by S.R. 2004/301, art. 2; s. 9(12) in force at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

F36 . . . U.K.

Textual Amendments

F36 Cross-heading before s. 9 omitted (25.9.2006) by virtue of Constitutional Reform Act 2005 (c. 4). {ss. 124}, 148; S.I. 2006/1537, art. 3(a)

[F37 The Ombudsman N.I.

Textual Amendments

F37 S. 9A and preceding cross-heading inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124(2), 148; S.I. 2006/1537, art. 3(a)

9A Judicial Appointments Ombudsman N.I.

(1) There is to be a Northern Ireland Judicial Appointments Ombudsman.

(2) The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor.

(3) Schedule 3A makes further provision about the Ombudsman.

Modifications etc. (not altering text)

C6 S. 9A(2): 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. 17 (with arts. 28-31)

[F38 9B Complaints: interpretation N.I.

(1) This section applies for the purposes of this Part.

(2) A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

(3) A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor F39 ... in connection with any of the following—

(a) recommendation for or appointment to a listed judicial office;

(b) F40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part [F41 or paragraph 2A of Schedule 11 to the Northern Ireland Act 1998], by the maladministration complained of.]

Textual Amendments

F38 S. 9B inserted (25.9.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 125, 148; S.I. 2006/1537, art. 3(b)

F39 Words in s. 9B(3) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 8(2) (with Sch. 5 para. 13); S.I. 2010/812, art. 2

F40 S. 9B(3)(b) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3, Sch. 1 para. 330

F41 Words in s. 9B(4) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 8(3); S.I. 2010/812, art. 2

[F42 9C Complaints to the Commission or the Lord Chancellor N.I.

(1) The Commission must make arrangements for investigating any Commission complaint made to it.

(2) The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

(3) Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.]

Textual Amendments

F42 S. 9C inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 126, 148; S.I. 2006/1537, art. 3(c)

[F43 9D Complaints to the Ombudsman N.I.

(1) Subsections (2) and (3) apply to a complaint which the complainant—

(a) has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and

(b) makes to the Ombudsman not more than 28 days after being notified of the Commission's or Lord Chancellor's decision on the complaint.

(2) If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

(3) Otherwise he must investigate the complaint.

(4) The Ombudsman may investigate a complaint which the complainant—

(a) has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and

(b) makes to the Ombudsman at any time.

(5) The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

(6) The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.

(7) A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

(8) Any complaint to the Ombudsman under this section must be in a form approved by him.]

Textual Amendments

F43 S. 9D inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 127, 148; S.I. 2006/1537, art. 3(c)

[F44 9E Report and recommendations N.I.

(1) The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

(2) The report must state—

(a) what findings the Ombudsman has made;

(b) whether he considers the complaint should be upheld in whole or part;

(c) if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

(3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

(4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.]

Textual Amendments

F44 S. 9E inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 128, 148; S.I. 2006/1537, art. 3(c)

[F45 9F Report procedure N.I.

(1) This section applies to a report under section 9E.

(2) The Ombudsman must submit a draft of the report—

[F46 (a) if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;

(b) otherwise, to the Lord Chancellor.]

(3) In finalising the report the Ombudsman—

(a) must have regard to any proposal [F47 for changes in the draft report which is made—

(i) if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;

(ii) otherwise, by the Lord Chancellor;]

(b) must include in the report a statement of any such proposal not given effect to.

(4) The report must be signed by the Ombudsman.

(5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the [F48 First Minister and deputy First Minister and to] the Commission.

(6) Otherwise the Ombudsman must send the report to the Lord Chancellor.

(7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

(a) which relates to an identified or identifiable individual other than the complainant, and

(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.]

Textual Amendments

F45 S. 9F inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 129, 148; S.I. 2006/1537, art. 3(c)

F46 S. 9F(2)(a)(b) substituted (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. 18 para. 62(a) (with arts. 28-31)

F47 Words in s. 9F(3)(a) substituted (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. 18 para. 62(b) (with arts. 28-31)

F48 Words in s. 9F(5) substituted (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. 18 para. 62(c) (with arts. 28-31)

F49 9G References by the Lord Chancellor N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 S. 9G omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 9 (with Sch. 5 para. 14); S.I. 2010/812, art. 2

[F50 9H Information N.I.

The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9D F51 ....]

Textual Amendments

F50 S. 9H inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 131, 148; S.I. 2006/1537, art. 3(c)

F51 Words in s. 9H omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 10 (with Sch. 5 para. 14); S.I. 2010/812, art. 2

X2 [F52 9I Confidentiality in relation to judicial appointments and discipline N.I.

(1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

(2) These are the relevant provisions—

(a) [F53 sections 12 to 12C] of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);

(b) sections 3, F54 ... 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);

[F55 (ba) Schedule 3 to this Act and paragraph 2A of Schedule 11 to the Northern Ireland Act 1998;]

(c) sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);

(d) section 16 of this Act (complaints about judicial officers);

(3) Information is confidential if it relates to an identified or identifiable individual (a “subject”).

(4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

(a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));

(b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;

(c) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

(5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—

(a) is information that relates to both;

(b) must not be disclosed to B without A's consent.

(6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

(7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

(8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

(9) But it is actionable only at the suit of a person who is a subject of the information.]]

Editorial Information

X2 The insertion of the new heading "The Ombudsman" on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F52 By Constitutional Reform Act 2005 (c. 4), ss. 132, 148; S.I. 2005/1431, art. 2(b) it is provided (15.6.2005) that s. 9I and the cross-heading following that provision is inserted after s. 9H

F53 Words in s. 9I(2)(a) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 11(2); S.I. 2010/812, art. 2

F54 Word in s. 9I(2)(b) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 11(3) (with Sch. 5 para. 15); S.I. 2010/812, art. 2

F55 S. 9I(2)(ba) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 11(4) (with Sch. 5 para. 15); S.I. 2010/812, art. 2

[F56 Transfer of functions of justices of the peace U.K.

Textual Amendments

F56 By Constitutional Reform Act 2005 (c. 4), ss. 132, 148; S.I. 2005/1431, art. 2(b) it is provided (15.6.2005) that s. 9I and the cross-heading following that provision is inserted after s. 9H

X3 10 Transfer of functions of justices of the peace U.K.

(1) Subject as follows, the functions of justices of the peace (including their functions as members of a court) are transferred to lay magistrates.

(2) A lay magistrate sitting out of petty sessions may not exercise any function conferred or imposed on a magistrates’ court in relation to the conduct of proceedings for an offence, apart from a function to which subsection (3) applies.

(3) This subsection applies to —

(a) any function of issuing a warrant or summons,

(b) any function of remanding an accused who has not previously been remanded for the offence,

(c) any function of ordering a person to enter into a recognisance to keep the peace or to be of good behaviour,

(d) the function under section 21(3) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (committal where offence committed during suspended sentence etc.),

(e) the function under Article 5(4) of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 4)) (committal where offence committed after early discharge),

(f) the functions under section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal etc. of person in custody in pursuance of Crown Court warrant),

(g) any function relating to perjury, misbehaviour or failure to testify in proceedings before a lay magistrate exercising any function to which this subsection applies,

(h) any function relating to adjournment of, or any other ancillary matter concerning, such proceedings,

(i) the function of granting a criminal aid certificate in respect of a person where the lay magistrate is dealing, or has previously dealt, with him by virtue of paragraph (b), (c) or (g), and

(j) the function of granting a criminal aid certificate in relation to an appeal against anything done by a lay magistrate by virtue of paragraph (c) or (g).

(4) The Lord Chancellor may [F57 , after consultation with the Lord Chief Justice,] by order amend subsection (3).

(5) Subsection (1) is subject to paragraphs 1 to 3 of Schedule 4 which specify functions which are to remain functions of justices of the peace (instead of, or as well as, becoming functions of lay magistrates) or to become functions only of resident magistrates.

(6) Schedule 4 also contains amendments consequential on this section.

(7) In this section references to a function are to a function conferred or imposed by an enactment or instrument passed or made before the time when this section comes into force (including a function conferred or imposed by a provision not in force at that time).

Editorial Information

X3 The insertion of the new heading "Transfer of functions of justices of the peace" on 15.6.2005 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F57 Words in s. 10(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 118; S.I. 2006/1014, art. 2, Sch. 1 para. 12

Modifications etc. (not altering text)

C7 S. 10(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. 17 (with arts. 28-31)

Commencement Information

I3 S. 10 partly in force; s. 10 not in force at Royal Assent see s. 87; s. 10(1)-(5)(7) in force and s. 10(6) in force for certain purposes at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

X4 11 Transfer of functions of lay panellists N.I.

(1) In paragraph 3(1) of Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (composition of juvenile courts), for “persons selected from one or more of the panels mentioned in sub-paragraph (2)” substitute “ lay magistrates for the county court division which includes the petty sessions district or districts for which the court acts or any other county court division which adjoins that county court division ”.

(2) In section 178 of that Act (assessors for county court in appeals from juvenile courts)—

(a) in subsection (1), for “persons selected from one or more than one of the appropriate juvenile court panels,” substitute “ appropriate lay magistrates, at least one of whom (where practicable) is a woman, ”,

(b) in subsection (2), for “person” (in each place) substitute “ lay magistrate ”, and

(c) in subsection (4), for the definition of “the appropriate juvenile courts panels” substitute—

““appropriate lay magistrate” means a lay magistrate for the county court division for which the county court is held or any other county court division which adjoins that county court division;”.

(3) In Article 165(2)(i) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (rules of court: discharge of functions of court of summary jurisdiction by member of juvenile court panel), for “member of a juvenile court panel” substitute “ lay magistrate ”.]

Editorial Information

X4 The insertion of the new heading "Transfer of functions of justices of the peace" on 15.6.2005 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Lord Chief Justice N.I.

12 Role of Lord Chief Justice N.I.

[F58 (1A) The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.

(1B) As President of the Courts of Northern Ireland he is responsible—

(a) for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;

(b) for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;

(c) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;

(d) for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.

(1C) The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.

(1D) The courts are—

• the Court of Appeal

• the High Court

• the Crown Court

• the county courts

• the magistrates' courts.]

(2) F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 S. 12(1A)-(1D) substituted (3.4.2006 for certain purposes and 8.5.2007 otherwise) for s. 12(1) by Constitutional Reform Act 2005 (c. 4), ss. 11, 148; S.I. 2006/1014, art. 2(a), Sch. 1 para. 6; S.I. 2007/1252, art. 2

F59 S. 12(2)(3) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 5 para. 119, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 12, 30

Modifications etc. (not altering text)

C8 S. 12(1B)(c): 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. 17 (with arts. 28-31)

13 Presiding county court judge N.I.

(1) After section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) insert—

“102A Presiding judge

(1) The Lord Chief Justice must appoint one of the judges to be the Presiding judge with responsibility for the county courts and the other judges and the deputy judges.

(2) The person appointed as Presiding judge holds that office in accordance with the terms of his appointment.

(3) If the office of Presiding judge becomes vacant, the Lord Chief Justice may appoint a judge to act as Presiding judge, pending a new appointment.”

(2) The Lord Chief Justice may delegate any of his functions relating to county courts to the Presiding county court judge.

14 Presiding resident magistrate N.I.

(1) The Lord Chief Justice must appoint one of the resident magistrates to be the Presiding resident magistrate with responsibility for the magistrates’ courts, the other resident magistrates and the deputy resident magistrates.

(2) The person appointed as Presiding resident magistrate holds that office in accordance with the terms of his appointment.

(3) If the office of Presiding resident magistrate becomes vacant, the Lord Chief Justice may appoint a resident magistrate to act as Presiding resident magistrate, pending a new appointment.

(4) The Lord Chief Justice may delegate any of his functions relating to magistrates’ courts to the Presiding resident magistrate.

15 Presiding lay magistrate N.I.

(1) The Lord Chief Justice must appoint one of the lay magistrates to be the Presiding lay magistrate with responsibility for the other lay magistrates.

(2) The person appointed as Presiding lay magistrate holds that office in accordance with the terms of his appointment.

(3) If the office of Presiding lay magistrate becomes vacant, the Lord Chief Justice may appoint a lay magistrate to act as Presiding lay magistrate, pending a new appointment.

16 Complaints about holders of judicial office N.I.

(1) The Lord Chief Justice must prepare a code of practice relating to the handling of complaints against any person who holds a protected judicial office.

(2) The code must include provision for any complaints appearing to the Lord Chief Justice—

(a) to involve a serious allegation of misbehaviour or inability to perform the functions of an office, and

(b) to have a reasonable prospect of being substantiated,

to be referred to a tribunal for it to provide advice about any steps which should be taken to deal with the complaint.

(3) The Lord Chief Justice may from time to time prepare a new code or make alterations to a code.

(4) The Lord Chief Justice must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).

17 Secretaries to Lord Chief Justice N.I.

(1) In Schedule 3 to the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to statutory offices), omit the entries relating to the Principal Secretary to the Lord Chief Justice and the Legal Secretary to the Lord Chief Justice.

(2) In section 53(2) of that Act (secretary to Crown Court Rules Committee), for the words from “secretary to” to “such secretary” substitute “ joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor ”.

(3) In section 54(5) of that Act (joint secretaries to [F60 Court of Judicature] Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”

(4) In paragraph 6 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)) (joint secretaries to Northern Ireland Family Proceedings Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”

Textual Amendments

F60 Words in s. 17(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2

Other provisions N.I.

18 Qualification for appointment N.I.

(1) F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 7(1)(a) of the Judicature (Northern Ireland) Act 1978 (c. 23) (further assistance for transaction of business of High Court or Court of Appeal by Lord of Appeal in Ordinary), for “had practised for not less than ten years at the Bar of Northern Ireland” substitute “ was a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court, of at least ten years’ standing ”.

(3) For section 9 of that Act (qualification for appointment as judge of High Court or Court of Appeal) substitute—

“9 Qualification to be judge of High Court or Court of Appeal

A person is not qualified for appointment as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court unless he is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

(4) In section 103(1) of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) (qualification for appointment as county court judge), for the words after “unless” substitute “he is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

(5) In section 107(1) of that Act (qualification for appointment as deputy county court judge), for the words after “deputy judge” substitute “a person who is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

(6) In section 9(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) (qualification for appointment as resident magistrate), for the words after “appointments” substitute “are—

(a) members of the Bar of Northern Ireland of at least seven years’ standing; or

(b) solicitors of the Supreme Court of at least seven years’ standing.”

(7) In section 2(3) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) (qualification for appointment as coroner), for the words after “unless” substitute “he is—

(a) a member of the Bar of Northern Ireland of at least five years’ standing; or

(b) a solicitor of the Supreme Court of at least five years’ standing.”

(8) In section 70(2) of the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to offices in Schedule 3), for the words after “unless” substitute “he is—

(a) a barrister or solicitor, or in the case of the Official Solicitor a solicitor, who has at least the number of years’ standing specified in relation to that office in column 3 of that Schedule; or

(b) the holder of any other office so listed.”

(9) In Schedule 3 to that Act, in each of the entries relating to a Master F62 . . . , in column 3 (number of years’ standing), for “10” substitute “ 7 ”.

(10) In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), after subsection (1) insert—

“(1A) A person is not qualified for appointment as Crown Solicitor unless he is—

(a) a member of the Bar of Northern Ireland of at least ten years’standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

Textual Amendments

F61 S. 18(1) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 33(3), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2

F62 Words in s. 18(9) repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3

Commencement Information

I4 S. 18 wholly in force at 3.4.2006: s. 18 not in force at Royal Assent see s. 87; s. 18(1)-(9) in force at 15.10.2002 by S.R. 2002/319, art. 2 Sch.; s. 18(10) in force at 3.4.2006 by S.R. 2006/124, art. 2, Sch.

19 Judicial oath or affirmation N.I.

(1) Every person appointed to an office specified in Schedule 6 must, before undertaking any functions of the office, either—

(a) take the oath specified in subsection (2), or

(b) make the affirmation and declaration specified in subsection (3).

(2) The oath is—

“I.................... do swear that I will well and faithfully serve in the office of.................... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm.”

(3) The affirmation and declaration is—

“I.................... do solemnly and sincerely and truly affirm and declare that I will well and faithfully serve in the office of.................... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm.”

(4) The Lord Chancellor may by order amend Schedule 6 by—

(a) adding an office,

(b) omitting an office, or

(c) altering the description of an office.

(5) An order under subsection (4) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

Modifications etc. (not altering text)

C9 S. 19(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), arts. 1(2), 15(2) (with arts. 15(6), 28-31)

20 Crown Solicitor N.I.

In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), for subsection (3) substitute—

“(3) The Crown Solicitor—

(a) must make his services available to any Minister or department of the Government of the United Kingdom; and

(b) may make his services available to any Northern Ireland Minister or Northern Ireland department or any other public body or holder of public office.”

21 Judicial pensions: pension sharing N.I.

(1) Article 40 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) (power to extend judicial pension schemes in connection with pension credits) is amended as follows.

(2) In paragraph (2), after sub-paragraph (g) insert—

“(h) the Judicial Pensions Act 1981 (c. 20); and

(i) the Judicial Pensions and Retirement Act 1993 (c. 8).”

(3) In paragraph (3)(a)—

(a) for “(2)(d) and (e)” substitute “ (2)(d) or (e) ”, and

(b) for “(2)(a) to (c), (f) and (g),” substitute “ (2)(a), (b), (c), (f), (g), (h) or (i) ”.

(4) In paragraph (4)(a), for “(2)(a) to (c), (f) and (g)” substitute “ (2)(a), (b), (c), (f), (g), (h) or (i) ”.