Sch. 4 para. 35 partly in force; Sch. 4 para. 35 not in force at Royal Assent see s. 5; Sch. 4 para. 35(1)(3) in force for certain purposes at 26.9.2009 by S.I. 2009/2466, art. 2(b)
Sch. 4 para. 35(2) (4) in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 35(1) (3) in force in so far as not already in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 29 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 30 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 31 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 41 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 20 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 1 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 33 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 34 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 6 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 7 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 10 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 36 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 37 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 38 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 25 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 8 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 2 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 4 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 5 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 3 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 22 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 23 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 24 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 47 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 32 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 9 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 27 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 42 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 39 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 40 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 11 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 12 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 13 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 14 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 15 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 16 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 17 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 18 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 19 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 21 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 26 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 28 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 43 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 44 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 45 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 46 in force at 12.4.2010 by S.I. 2010/812, art. 2
Sch. 4 para. 15(4) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 15(5) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 26(3) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 30(3) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 41(2) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 33(3) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 47(3) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 17(a) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 20(2)(b) omitted (12.4.2010) by virtue of Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 22; S.R. 2010/147, art. 2(2)
Sch. 4 para. 18 omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 97 (with
Section 2
Amend the Schedule as follows.
In paragraphs 2(1)(c) and 2B(2)(c) for “Lord Chancellor” substitute
After paragraph 2(3B) insert—
For an appointment under sub-paragraph (1)(c), the terms mentioned in sub-paragraph (2A) are to be determined by the Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
Amend section 2 as follows.
For subsection (1) substitute—
The Northern Ireland Judicial Appointments Commission may appoint one, or more than one, coroner and deputy coroner for a district or districts on such conditions as to remuneration, superannuation or otherwise as the Lord Chancellor may determine after consultation with the Treasury.
In subsection (1A) for “also” to “of” substitute
Amend section 107 as follows.
In subsection (1) for “Lord Chancellor” substitute
After subsection (1) insert—
The term for which a person is appointed as a deputy judge is to be determined by the Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In subsection (2) after “appointed” insert
For subsection (3) substitute—
Subject to subsection (4), the Commission may, with the agreement of a deputy judge and the justice department (within the meaning of the Justice (Northern Ireland) Act 2002), from time to time extend, for such period as it thinks appropriate, the term for which the deputy judge is appointed.
For section 10(1) substitute—
The Northern Ireland Judicial Appointments Commission may appoint fit and proper persons, being persons who are eligible for appointment as district judges (magistrates' courts), to act as deputy district judges (magistrates' courts)— during such period or periods as the Commission, with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002), may direct, and subject to such conditions as the Lord Chancellor may impose.
For section 12A(2) substitute—
Allowances under this section shall be paid by the justice department (within the meaning of the Justice (Northern Ireland) Act 2002) at rates determined by that department with the consent of the Department of Finance and Personnel.
Amend section 1 as follows.
In subsection (2)—
after “determine” insert
for “Lord Chancellor” substitute
After subsection (3) insert—
Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does not apply in relation to members of the Lands Tribunal.
Amend section 3 as follows.
In subsection (1) for “Governor” substitute
In subsection (2)—
for “is satisfied” substitute
for “Governor” substitute
After subsection (5) insert—
Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does not apply in relation to temporary members.
In the Table in paragraph 21 of Schedule 3 at the end of the modification for paragraph 1 insert
Amend Schedule 9B as follows.
Omit paragraph 1(2).
In paragraph 2(2) for “First Minister and deputy First Minister acting jointly” substitute
After paragraph 3(1) insert—
The terms mentioned in sub-paragraph (1) are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In paragraph 3(2) for “Office of the First Minister and deputy First Minister” substitute
In paragraph 3(3) for “First Minister and deputy First Minister acting jointly authorise” substitute
For paragraph 4 substitute—
The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may pay to the members of the Tribunal such remuneration and allowances as that department may determine.
Amend section 2 as follows.
In subsection (3) for “Her Majesty may by Order in Council” substitute
For subsection (4) substitute—
Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does not apply in relation to puisne judges.
In section 3(4) for “Her Majesty may by Order in Council” substitute
For section 7(3) substitute—
The Northern Ireland Judicial Appointments Commission may appoint a person qualified for appointment as a judge of the High Court to sit and act as a judge of the High Court as a temporary measure in order to facilitate the disposal of business in the High Court or the Crown Court.
After section 8(1) insert—
For this purpose, an appointment under section 7(3) is to be made for— a particular case or cases determined by the Lord Chief Justice or a person within section 7(5)(a) or (b) nominated by the Lord Chief Justice to make determinations under this paragraph, or a period specified by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In section 14(1) for “the Lord Chancellor” substitute
Amend section 70 as follows.
For subsection (1) substitute—
Appointments to the offices listed in column 1 of Schedule 3 shall be made by the Northern Ireland Judicial Appointments Commission after consultation with the Lord Chief Justice; and persons holding such offices are in this Act referred to as “ The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to statutory officers. The terms and conditions of service for statutory officers are to be determined by the Lord Chancellor with the concurrence of the Treasury.
In subsection (3)—
for “Lord Chancellor” substitute
for “he”
(in both places where it appears) substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend section 74 as follows.
For subsection (1) substitute—
In order to facilitate the disposal of business, the Northern Ireland Judicial Appointments Commission may, after consultation with the Lord Chief Justice, appoint a suitably qualified person— to act as a deputy for any statutory officer, or to act as a temporary additional statutory officer, during such period or on such occasions as the Commission determines with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002). The justice department must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1). The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to deputies for statutory officers or temporary additional statutory officers.
In subsection (3) for “Lord Chancellor” substitute
In section 103(3)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for “so appointed” substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 2(1) of Schedule 2 for “Lord Chancellor”, where it appears second, substitute
Amend Schedule 3 as follows.
In paragraph 1(a) and (c)—
for “Lord Chancellor”, where it appears first, substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraphs 1(b), 2 and 3 for “Lord Chancellor” substitute
In paragraph 2 make the existing text sub-paragraph (1) and after that insert—
The terms mentioned in sub-paragraph (1) are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In paragraph 1 of Schedule 1 for “Lord Chancellor” substitute
In section 23(1) for the words from “such number” to the end substitute
For paragraph 4(1) and (2) of Schedule 4 substitute—
The Northern Ireland Judicial Appointments Commission may appoint persons to act as Child Support Commissioners for Northern Ireland (but to be known as deputy Child Support Commissioners for Northern Ireland) in order to facilitate the disposal of the business of Child Support Commissioners for Northern Ireland. A deputy Child Support Commissioner for Northern Ireland shall be appointed— from among persons who are barristers or solicitors of not less than the number of years' standing specified in section 23(2), and subject to sub-paragraph (2A), for such period or on such occasions as the Commission determines with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
Amend section 50 as follows.
In subsection (1) for the words from “such number” to the end substitute
In subsection (2)—
for the words from the beginning to “appoint” substitute
for “Lord Chancellor thinks fit” substitute
After section 6(8) insert—
In relation to a Reinstatement Committee mentioned in paragraph 38(a) of Schedule 1 which sits in Northern Ireland— in subsections (1) and (2) the references to the Lord Chancellor are to be read as references to the Northern Ireland Judicial Appointments Commission, and the terms mentioned in subsection (2) are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
Amend Article 22 as follows.
In paragraphs (2)(a) and (b) and (4)(b) for “Lord Chancellor” substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph (5) omit “person or” in both places where it appears.
After paragraph (5) insert—
For an appointment under paragraph (2)(b), the conditions mentioned in paragraph (5) are to be determined with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
Amend Schedule 3 as follows.
In paragraph 4(1) for “Lord Chancellor” substitute
After paragraph 5(1) insert—
For an appointment under paragraph 4 above, the term mentioned in sub-paragraph (1) above is to be determined with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In paragraph 16, in paragraph (c) of the definition of “appointing authority”, for “Lord Chancellor” substitute
Amend the Schedule as follows.
In rule 6(2) for “Lord Chancellor” substitute
After rule 6(3) insert—
The period and the terms mentioned in paragraph (3) are to be determined by the Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In Article 6(1) for “Lord Chancellor” substitute
Amend Article 7 as follows.
In paragraphs (1), (2) and (4) for “Lord Chancellor” substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph (4) for “numbers” to “appointments,” substitute
After paragraph 1(1) of Schedule 1 insert—
Those terms are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In Article 82(1), (3) and (6) for “Lord Chancellor” substitute
Amend section 9 as follows.
In subsection (1) for “Lord Chancellor” substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For subsection (11) substitute—
The justice department must pay to lay magistrates any such allowances as it may determine.
Amend section 90 as follows.
In subsection (1)(c) after “deputy First Minister” insert
After subsection (1) insert—
An order containing provision made by virtue of section 9(4) shall be subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954).
In subsection (4) omit “9(4),”.
Amend Schedules 1 and 6 as follows.
After the entry relating to the Plant Varieties and Seeds Tribunal insert—
At the end insert—
In Schedule 1, after the entries inserted by sub-paragraph (3), insert—
Omit paragraphs 14 and 17(2) of Schedule 4.
Omit paragraph 13 of Schedule 12.
In Schedule 13 omit—
the repeal of words in section 10(1) of the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.));
the repeal of words in section 90(4) of the Justice (Northern Ireland) Act 2002 (c. 26).
Amend Article 7 as follows.
In paragraphs (1)(b) and (2)(b) for “Secretary of State” substitute
In paragraph (3) after “by the Secretary of State” insert
In paragraph (3)(a) for “Secretary of State considers appropriate” substitute
After paragraph (3) insert—
For an appointment by the Northern Ireland Judicial Appointments Commission, the terms and conditions mentioned in paragraph (3)(a) are to be determined with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
Omit paragraph (6).
In Article 13(2) for “Article 7(6)” substitute
Amend Schedule 2 as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 2(1) for “First Minister and deputy First Minister acting jointly” substitute
After paragraph 3(1) insert—
For a member of the chairmen's panel, the terms mentioned in sub-paragraph (1) are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In paragraph 3(2) for “First Minister and deputy First Minister” substitute
Omit paragraph 7 and the heading immediately before it.
Amend Article 29 as follows.
In paragraph (1) for “First Minister and deputy First Minister acting jointly” substitute
After paragraph (4) insert—
The term mentioned in paragraph (3) and the terms mentioned in paragraph (4) are to be determined by the Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In paragraph (5) for “Office of the First Minister and deputy First Minister” substitute
Omit paragraph (6).
In paragraph (7) for “paragraph (6)” substitute
Omit paragraph (8).
In regulation 2(1), in the definitions of “President” and “Vice-President”, for “Lord Chancellor” substitute
Amend regulation 4 as follows.
In paragraphs (1)(a) and (2) for “Lord Chancellor” substitute
After paragraph (2) insert—
For a member of the panel of chairmen, the terms mentioned in paragraph (2) are to be determined by the Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In regulation 2(1), in the definitions of “President” and “Vice-President”, for “Lord Chancellor” substitute
Amend regulation 5 as follows.
In paragraph (2) for “Lord Chancellor” substitute
After paragraph (2) insert—
The terms mentioned in paragraph (2) are to be determined by the Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
Amend Schedule 2 as follows.
In paragraph 1(2) for “First Minister and deputy First Minister acting jointly” substitute
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After paragraph 3(1) insert—
The terms mentioned in sub-paragraph (1) are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).
In paragraph 3(2) for “Office of the First Minister and deputy First Minister” substitute
For paragraph 5 substitute—
The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may pay to the members of the Tribunal such remuneration and other allowances as that department may determine.
Omit paragraph 11 and the heading immediately before it.