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Judicature (Northern Ireland) Act 1978
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- 1978 c. 23
- Part I
- Section 12B
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- s. 12-12C substituted for s. 12 12B by 2009 c. 3 s. 2(1) Sch. 2
- s. 12B(14) words substituted by 2010 c. 3 (N.I.) Sch. para. 5(1)
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- S.I. 2005/910 art. 3(aa) art. 3(x) art. 3(y) commences (2003 c. 39)
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 6 commences (2005 c. 4)
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.I. 2008/2696 art. 2 5 6 commences (2007 c. 15)
- S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/812 art. 2 commences (2009 c. 3)
- S.I. 2011/1741 art. 2 commences (2009 c. 11)
- S.R. 2009/356 art. 2 commences (2009 c. 6 (N.I.))
- S.R. 2010/113 art. 2 commences (2002 c. 26)
- S.R. 2010/147 art. 2 commences (2010 c. 3 (N.I.))
- S.R. 2011/13 art. 2 commences (2010 c. 16)
- S.R. 2011/224 art. 2 commences (2011 c. 24 (N.I.))
[F112B Tenure of officeE+W+S+N.I.
(1)The Lord Chief Justice, Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993 (c. 8)).
(2)Her Majesty may on an address presented to Her Majesty by both Houses of Parliament remove a person from office as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court.
(3)A motion for the presentation of an address to Her Majesty for the removal of a person from any of those offices may be made—
(a)to the House of Commons only by the Prime Minister; and
(b)to the House of Lords only by the Lord Chancellor.
(4)Neither the Prime Minister nor the Lord Chancellor may make a motion for the presentation of such an address unless—
(a)they have been advised to do so by the First Minister and deputy First Minister acting jointly; or
(b)they have consulted the First Minister and deputy First Minister about doing so.
(5)Neither the Prime Minister nor the Lord Chancellor may make a motion for the presentation of such an address unless a tribunal convened under section 8 of the Justice (Northern Ireland) Act 2002 has reported to the First Minister and deputy First Minister recommending that the person be removed from the office on the ground of misbehaviour.
(6)If such a tribunal has so recommended, the First Minister and deputy First Minister shall send a copy of the report of the tribunal to the Prime Minister and the Lord Chancellor, together with any comments they wish to make about the report.
(7)The Prime Minister shall lay a copy of the report and any advice, response to consultation or comments of the First Minister and deputy First Minister before the House of Commons before making a motion for the presentation of an address in that House; and the Lord Chancellor shall lay a copy of them before the House of Lords before making such a motion in that House.
(8)If the Prime Minister and Lord Chancellor are considering the making of motions for the presentation of an address to Her Majesty in relation to the Lord Chief Justice, the Prime Minister may suspend him from office; and if they are considering the making of such motions in relation to a Lord Justice of Appeal or a judge of the High Court the Prime Minister may suspend him from office with the agreement of the Lord Chief Justice.
(9)If a person is suspended from an office under subsection (8), he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected).
(10)Nothing in subsections (1) to (9) applies to a judge of the High Court appointed after the coming into force of section 7 of the Justice (Northern Ireland) Act 2002 (as to the removal and suspension of whom see that section).]
Annotations:
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Amendments (Textual)
F1S. 12B inserted (prosp.) by 2002 c. 26, ss. 6, 87(1)
[F112B Tenure of officeE+W+S+N.I.
(1)The Lord Chief Justice, Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993 (c. 8)).
(2)Her Majesty may on an address presented to Her Majesty by both Houses of Parliament remove a person from office as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court.
(3)A motion for the presentation of an address to Her Majesty for the removal of a person from any of those offices may be made—
(a)to the House of Commons only by the Prime Minister; and
(b)to the House of Lords only by the Lord Chancellor [F2or, if the Lord Chancellor is not a member of that House, by another Minister of the Crown at his request. ].
(4)[F3The Prime Minister may not make, and the Lord Chancellor may not make or request the making of, ] a motion for the presentation of such an address unless—
(a)they have been advised to do so by the First Minister and deputy First Minister acting jointly; or
(b)they have consulted the First Minister and deputy First Minister about doing so.
(5)[F3The Prime Minister may not make, and the Lord Chancellor may not make or request the making of, ] a motion for the presentation of such an address unless a tribunal convened under section 8 of the Justice (Northern Ireland) Act 2002 has reported to the First Minister and deputy First Minister recommending that the person be removed from the office on the ground of misbehaviour.
(6)If such a tribunal has so recommended, the First Minister and deputy First Minister shall send a copy of the report of the tribunal to the Prime Minister and the Lord Chancellor, together with any comments they wish to make about the report.
(7)The Prime Minister shall lay a copy of the report and any advice, response to consultation or comments of the First Minister and deputy First Minister before the House of Commons before making a motion for the presentation of an address in that House; [F4and a person making such a motion in the House of Lords shall lay a copy of them before that House before making the motion. ].
(8)If the Prime Minister and Lord Chancellor are considering the making of motions for the presentation of an address to Her Majesty in relation to the Lord Chief Justice, the Prime Minister may suspend him from office; and if they are considering the making of such motions in relation to a Lord Justice of Appeal or a judge of the High Court the Prime Minister may suspend him from office with the agreement of the Lord Chief Justice.
(9)If a person is suspended from an office under subsection (8), he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected).
(10)Nothing in subsections (1) to (9) applies to a judge of the High Court appointed after the coming into force of section 7 of the Justice (Northern Ireland) Act 2002 (as to the removal and suspension of whom see that section).]
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 12B inserted (prosp.) by 2002 c. 26, ss. 6, 87(1)
F2Words in s. 12B(3)(b) inserted (prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 36(2)
F3Words in s. 12B(4)(5) substituted (prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 36(3)
F4Words in s. 12B(7) substituted (prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 36(4)
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