(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(a), 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(a), 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(a), 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(a), 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.