Adjudicators N.I.

Adjudicators N.I.

29.—(1) The [F1 Northern Ireland Judicial Appointments Commission] may appoint persons to act as adjudicators for the purposes of this Order.

(2) A person shall not be appointed as an adjudicator unless he is a barrister or solicitor of at least five years' standing.

(3) A person shall be appointed as an adjudicator for such term not exceeding five years as may be specified in his instrument of appointment.

(4) An adjudicator shall hold and vacate office under the terms of the instrument under which he is appointed.

[F2 (4A) 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 [F3 Department of Justice].]

(5) An adjudicator may resign office by notice in writing to the [F4 Commission].

(6) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) An adjudicator is eligible for re-appointment if he ceases to hold office otherwise than under [F6 section 7 of the Justice (Northern Ireland) Act 2002].

(8) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Words in art. 29(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 42(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F2 Art. 29(4A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 42(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F3 Words in art. 29(4A) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 17; S.R. 2010/147, art. 2(2)

F4 Words in art. 29(5) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 42(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F5 Art. 29(6) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 42(5) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F6 Words in art. 29(7) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 42(6) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F7 Art. 29(8) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 42(7) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

Proceedings before adjudicators N.I.

30.—(1) The Lord Chancellor may [F8 after consultation with the Lord Chief Justice] make regulations providing for the procedure to be followed in relation to proceedings before adjudicators.

(2) The regulations may, in particular, include provision—

(a) as to the manner in which appeals to adjudicators are to be made or withdrawn;

(b) authorising an appeal to an adjudicator to be disposed of on the basis of written representations unless the appellant requests an oral hearing;

(c) as to the procedure to be followed before the hearing of an appeal by an adjudicator;

(d) requiring any such hearing to be held in public except in circumstances specified in the regulations;

(e) as to the persons entitled to appear and be heard on behalf of the parties;

(f) requiring persons to attend to give evidence and to produce documents;

(g) as to evidence at the hearing;

(h) as to the adjournment of hearings;

(i) for the award of costs in circumstances specified in the regulations;

(j) for the settlement of costs by such method as may be specified in the regulations;

(k) authorising decisions of adjudicators to be reserved;

(l) authorising or requiring adjudicators—

(i) to revise or set aside decisions;

(ii) to revoke or vary orders made by them;

(m) requiring decisions of, and orders made by, adjudicators to be recorded;

(n) as to the proof of decisions of, and orders made by, adjudicators;

(o) authorising the correction of clerical errors in records kept in accordance with the requirements of the regulations;

(p) requiring service of—

(i) notice of decisions of adjudicators;

(ii) copies of any orders made by adjudicators;

(iii) notice of any corrections made by adjudicators in their decisions or orders.

(3) Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.

(4) If a person who is required—

(a) to attend a hearing held by an adjudicator; or

(b) to produce any document to an adjudicator in accordance with regulations under paragraph (1),

fails without reasonable excuse to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

F8 Words in art. 30(1) inserted (14.8.2010) by Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c. 14), ss. 8(1), 9(1), Sch. 2 para. 7(2)

Further provisions relating to adjudicators N.I.

31.—(1) The Lord Chancellor shall—

(a) make arrangements for the provision of accommodation and administrative staff and facilities for adjudicators;

(b) determine the places where adjudicators are to sit; and

(c) at least once in every twelve months publish information on the discharge by the adjudicators of their functions under this Order.

(2) The Department shall defray the costs of the adjudication process (including the remuneration of the adjudicators).

[F9 (2A) The Department may pay to an adjudicator such allowances as the Department may determine.]

(3) An adjudicator shall provide the Lord Chancellor with such information on the discharge of his functions under this Order as the Lord Chancellor may determine.

F9 Art. 31(2A) inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 19

Modifications etc. (not altering text)

C1 Art. 31(2): functions transferred (1.4.2011) from Department for Regional Development to Department of Justice by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 7 (with art. 8(2))