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Northern Ireland (Miscellaneous Provisions) Act 2006
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- UK Public General Acts
- 2006 c. 33
- Part 5
- Section 28
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Version Superseded: 12/04/2010
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28Duty to fill judicial vacanciesU.K.
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(1)In section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (before its substitution by section 4 of the Justice (Northern Ireland) Act 2002 (c. 26)) (appointment of Lord Chief Justice, Lords Justices of Appeal and judges of High Court), after subsection (2) insert—
“(3)The appointment by Her Majesty of a person to—
(a)the office of Lord Chief Justice, or
(b)the office of Lord Justice of Appeal,
shall be made on the recommendation of the Prime Minister.
(4)The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Chief Justice.
(5)The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Justice of Appeal.
(6)Subsection (5) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
(7)The appointment by Her Majesty of a person to the office of a judge of the High Court shall be made on the recommendation of the Lord Chancellor.”
(2)In section 12 of the Judicature (Northern Ireland) Act 1978 (as substituted by section 4 of the Justice (Northern Ireland) Act 2002) (appointment of Lord Chief Justice and Lords Justices of Appeal), after subsection (2) insert—
“(2A)The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Chief Justice.
(2B)The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Justice of Appeal.
(2C)Subsection (2B) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.”
(3)In section 5 of the Justice (Northern Ireland) Act 2002 (appointment to listed judicial offices), after subsection (1) insert—
“(1A)The Lord Chancellor must make an appointment, or a recommendation for an appointment, to fill any vacancy in a listed judicial office.
(1B)Subsection (1A) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.”
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