(1)The Lord Chancellor 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 [F1approved by the Lord Chief Justice after consultation with the Lord Chancellor, 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 [F2such longer period as the Lord Chief Justice may, after consulting the Lord Chancellor, allow.]
(4)The Lord Chancellor may [F3, 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 [F4, after consultation with the Lord Chief Justice,] the Lord Chancellor 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)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)The Lord Chancellor must pay to lay magistrates any such allowances as he 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).
(13)In paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: judicial offices), after “resident magistrates,” insert “ lay magistrates, ”.
(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
X1The 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
F1Words 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, Sch. 1 para. 12
F2Words 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, Sch. 1 para. 12
F3Words 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, Sch. 1 para. 12
F4Words 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, Sch. 1 para. 12
F5S. 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.
Commencement Information
I1S. 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.
(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)section 12, 12A and 12B 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, 5, 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);
(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
X2The 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.