Judicature (Northern Ireland) Act 1978

Changes over time for: Section 75

Alternative versions:

Changes to legislation:

Judicature (Northern Ireland) Act 1978, Section 75 is up to date with all changes known to be in force on or before 25 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.

View outstanding changes

Changes and effects yet to be applied to Section 75:

s. 75(2)(b) words substituted by 2002 c. 26 Sch. 5 para. 11 (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 Sch. 5 repealed (3.4.2006) without ever being in force by 2005 c. 4, Sch. 5 para. 125, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2, Sch. 1 paras. 12(f), 30(c))

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 Sch. 5 repealed (3.4.2006) without ever being in force by 2005 c. 4, Sch. 5 para. 125, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2, Sch. 1 paras. 12(f), 30(c))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)

[F175 Official Solicitor.U.K.

[F2( 1 )The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the [F3Court of Judicature] a person who is—

(a)a solicitor of the [F3Court of Judicature] of at least 7 years' standing, or

(b)a member of the Bar of Northern Ireland of at least 7 years' standing.]

(2)The Official Solicitor shall have such powers and perform such duties as may be prescribed and as may be conferred or imposed on him—

(a)by or under this or any other Act; or

(b)by or in accordance with any direction given by the [F4Lord Chief Justice].

[F5(2A)The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

(3)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The court may, in accordance with rules of court, order the costs of the Official Solicitor in respect of any business done by him to be paid out of any fund the subject of the proceedings or by any party to the proceedings and such costs shall be ascertained on taxation or measured.

(5)Where any powers or duties have been or are hereafter conferred on the Official Solicitor then, unless and until the court or a judge otherwise directs in any particular case, those powers may be exercised and those duties shall be performed by the holder of the office for the time being, and no further order or appointment shall be necessary by reason only that the person on whom the powers and duties were conferred or imposed has died or ceased to hold office.]

[F7(6)The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation).

( 7 )The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury.

(8)Service as the Official Solicitor is employment in the civil service [F8of Northern Ireland for the purposes of Article 3 of the Superannuation (Northern Ireland) Order 1972].

( 9 )While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor—

(a)may be appointed only if qualified for appointment as Official Solicitor,

(b)shall have all the powers and duties of the Official Solicitor, and

( c )may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.]

Textual Amendments

F1S. 75 substituted by S.R. 1982/300, art. 4

F2S. 75(1) substituted (1.5.2004) by Courts Act 2003 (c. 39), ss. 103(3), 110(1); S.I. 2004/1104, art. 3(e)

F3Words in s. 75(1)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6(1); S.I. 2009/1604, art. 2(d)

F4Words in s. 75(2)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 35(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F5S. 75(2A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 35(3); S. I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F6S. 75(3) repealed (1.10.2003) by 2002 c. 26, ss. 86, 87(1), Sch. 13; S.R. 2003/416, art. 2(2)

F7S. 75(6)-(9) inserted (1.5.2004) by Courts Act 2003 (c. 39), ss. 103(4), 110(1); S.I. 2004/1104, art. 3(e)

F8Words in s. 75(8) 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. 21 (with arts. 28-31)