SCHEDULES
I1SCHEDULE 2Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978
Appointment of the Lord Chief Justice and Lords Justices of Appeal
12
1
Whenever the office of Lord Chief Justice is vacant, Her Majesty may appoint a qualified person to that office by letters patent under the Great Seal of Northern Ireland.
2
Her Majesty may, from time to time, appoint a qualified person as a Lord Justice of Appeal by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 3).
3
Her Majesty's powers of appointment under this section are exercisable on the Prime Minister's recommendation.
4
The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Chief Justice or Lord Justice of Appeal.
5
Subsection (4) does not apply to a vacancy in the office of Lord Justice of Appeal while the Lord Chief Justice agrees that it may remain unfilled.
6
Before making a recommendation, the Prime Minister must consult—
a
the Lord Chief Justice or, if that office is vacant or the Lord Chief Justice is not available, the senior Lord Justice of Appeal who is available, and
b
the Northern Ireland Judicial Appointments Commission.
Sch. 2 in force at 12.4.2010 by S.I. 2010/812, art. 2