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Judicature (Northern Ireland) Act 1978
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- UK Public General Acts
- 1978 c. 23
- Part VI
- Section 74
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Changes to legislation:
Judicature (Northern Ireland) Act 1978, Section 74 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 74:
- s. 74(1) word substituted by 2002 c. 26 Sch. 3 para. 18(2)(d)
- s. 74(1) words substituted by 2002 c. 26 Sch. 3 para. 18(2)(a)
- s. 74(1) words substituted by 2002 c. 26 Sch. 3 para. 18(2)(b)
- s. 74(1) words substituted by 2002 c. 26 Sch. 3 para. 18(2)(c)
- s. 74(3) words substituted by 2002 c. 26 Sch. 3 para. 18(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(1) (1A) substituted for s. 14(1) by 2002 c. 26 Sch. 12 para. 13 (This amendment not applied to legislation.gov.uk. Sch. 5 repealed (3.4.2006) without ever being in force by 2005 c. 4, Sch. 5 para. 125, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2, Sch. 1 paras. 12(f), 30(c))
- s. 106(3A) inserted by 2011 c. 24 (N.I.) s. 89(1)
74 Deputies and temporary appointments.U.K.
[F1(1)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—
(a)to act as a deputy for any statutory officer, or
(b)to act as a temporary additional statutory officer,
during such period or on such occasions as the Commission determines with the agreement of the [F2Department of Justice] .
(1A)The [F3Department of Justice] must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1).
(1B)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.]
(2)A person acting in an office by virtue of an appointment under subsection (1) shall have all the powers of a person permanently appointed to that office.
(3)Where anything is for the time being authorised or required by this Act or any other statutory provision to be done to or by a particular statutory officer and—
(a)that statutory officer is not available because of absence or other reason and no person may, by virtue of subsections (1) and (2), exercise his powers; or
(b)his office is vacant,
then it may, unless the [F4Lord Chief Justice] otherwise directs, be done during such unavailability or vacancy to or by any other statutory officer.
(4)Where for any purpose it is necessary for a judge of the High Court or the Court of Appeal to sit outside Belfast, he may, with the approval of the Lord Chief Justice, appoint a judge’s registrar.
(5)[F5The Department of Justice shall pay] to any person appointed under this section such remuneration and allowances [F6as the Lord Chancellor may], with the consent of the Minister for the Civil Service, determine.
Textual Amendments
F1S. 74(1)-(1B) substituted for s. 74(1) (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 16(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F2Words in s. 74(1) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 5(3); S.R. 2010/147, art. 2(2)
F3Words in s. 74(1A) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 5(4); S.R. 2010/147, art. 2(2)
F4Words in s. 74(3) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 16(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F5Words in s. 74(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 20(a) (with arts. 28-31)
F6Words in s. 74(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 20(b) (with arts. 28-31)
Modifications etc. (not altering text)
C1S. 74(5) transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 6(g) (with arts. 28-31)
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