Justice (Northern Ireland) Act 2002

Justice (Northern Ireland) Act 2002

2002 CHAPTER 26

Commentary

Schedule 2: Judicial Appointments Commission

167. This Schedule sets out provisions about the members of the Judicial Appointments Commission and the arrangements for its staffing and procedure. Paragraph 1 provides for judicial members to remain on the Commission for as long as they hold their judicial office. Judicial members may resign or may be removed from office by the First Minister and deputy First Minister on the advice of the Lord Chief Justice.

168. Paragraph 2 sets out the term of office of non-judicial members, including maximum periods of appointment and resignation and dismissal criteria. Paragraph 3 requires the Commission to pay non-judicial members remuneration as decided by the First Minister and deputy First Minister. Paragraph 4 sets out the staffing arrangements for the Commission. Sub-paragraph (3) provides for pensions for Commission staff.

169. Paragraph 5 requires the Commission to publish an annual report at the end of each financial year. The report must include statistical information about the gender, age, ethnic origins, community background and geographical connection of applicants for judicial posts. A copy of the report must be sent to the First Minister and deputy First Minister, laid before the Assembly and then published.

170. Paragraphs 6 and 7 enable the First Minister and deputy First Minister to make grants to the Commission and require the Commission to keep proper accounts and financial records.

171. Paragraphs 8 to 10 make provision for the Commission to set up committees and sub-committees and regulate their procedure. Committees and sub-committees may consist of or include persons who are not members of the Commission.

172. Paragraphs 11 and 12 provide for the Commission to delegate its functions to a committee. Committees may further delegate to sub-committees. When the power to select a person for appointment is delegated then the committee or sub-committee must include a member of the Commission and, if that member is not a lay member, a lay person.

173. Paragraphs 13 to 17 deal with miscellaneous matters including the status of the Commission.