Northern Ireland Act 2009

Section 2

SCHEDULE 6 Review of arrangements for judicial appointments and removals etc

1 After section 29B of the Northern Ireland Act 1998 (c. 47) insert—

“29C Review of functions relating to judicial appointments and removals

Standing orders shall require one of the committees established by virtue of section 29 or the committee established by virtue of section 29A—

(a) to review the operation of the amendments made by Schedules 2 to 5 to the Northern Ireland Act 2009,

(b) to report on its review by a specified date that is before 1 May 2012, and

(c) to include in its report any recommendations it has for changes to the way in which judicial office holders are appointed and removed.”

2 (1) From 1 May 2012, no new members may be appointed to the Northern Ireland Judicial Appointments Commission, unless the Northern Ireland Assembly resolves that this sub-paragraph is not to apply (or an Act of the Assembly overrides this sub-paragraph).

(This does not stop the re-appointment of existing members.)

(2) A resolution for the purposes of sub-paragraph (1) must be passed with the support of—

(a) a majority of the members voting on the motion for the resolution,

(b) a majority of the designated Nationalists voting, and

(c) a majority of the designated Unionists voting.

• “Designated Nationalist” and “designated Unionist” have the meanings given by section 4(5) of the Northern Ireland Act 1998.

(3) If the resolution is passed on or after 1 May 2012, new members may be appointed to the Commission from the day after the day on which it is passed.