The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012

Judicial Pensions and Retirement Act 1993

6.—(1) Amend section 26 of the Judicial Pensions and Retirement Act 1993(1) (retirement date for holders of certain judicial offices etc) as follows.

(2) In subsection (13) omit “or the Lord Chief Justice of Northern Ireland”.

(3) After subsection (13) insert—

“(13A) Where the Lord Chief Justice of Northern Ireland is the appropriate person—

(a) in cases where the relevant office is one specified in paragraph 11 of Schedule 2 to the Northern Ireland Act 1998(2), the concurrence of the Lord Chancellor must be obtained before any function under this section is exercised;

(b) in any other case, the concurrence of the Department of Justice in Northern Ireland must be obtained before any function under this section is exercised.”

(1)

1993 c. 8. Subsection (13) was inserted by section 15(1) of, and paragraphs 226 and 228 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) and amended by section 54 of the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(2)

Paragraph 11 of Schedule 2 has been amended by sections 9, 82 and 86 of, and Schedule 13 to, the Justice (Northern Ireland) Act 2002 (c. 26) and section 59(5) of, and paragraph 33 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).