Northern Ireland Act 2009 (c. 3)

SCHEDULES

SCHEDULE 2 U.K. Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978

Commencement Information

I1 Sch. 2 in force at 12.4.2010 by S.I. 2010/812, art. 2

Appointment of the Lord Chief Justice and Lords Justices of Appeal U.K.

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. U.K.

(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.