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Constitutional Reform Act 2005

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Judiciary and courts in Northern Ireland

10The Lord Chancellor and Northern Ireland courts

In the Judicature (Northern Ireland) Act 1978 (c. 23) after section 68 insert—

68ALord Chancellor’s duty

(1)The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

(a)the Supreme Court,

(b)county courts,

(c)magistrates' courts, and

(d)coroners' courts,

and that appropriate services are provided for those courts.

(2)The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his duty under subsection (1).

11Lord Chief Justice of Northern Ireland

For subsection (1) of section 12 of the Justice (Northern Ireland) Act 2002 (c. 26) (role of the Lord Chief Justice) substitute—

(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.

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