Judicature (Northern Ireland) Act 1978

70 Appointment and qualification of statutory officers. E+W+S+N.I.

(1) Appointments to the offices listed in column 1 of Schedule 3 shall be made by the Lord Chancellor after consultation with the Lord Chief Justice and with the concurrence of the Minister for the Civil Service as to numbers and terms and conditions of service and persons holding such offices are in this Act referred to as “statutory officers”.

(2) Subject to subsection (3), a person shall not be qualified for appointment to any of the offices listed in column 1 of Schedule 3 unless [F1 he is—

(a) a barrister or solicitor F2 . . . who has at least the number of years’ standing specified in relation to that office in column 3 of that Schedule; or

(b) the holder of any other office so listed.]

(3) In exceptional circumstances, where it appears to the Lord Chancellor that a suitable appointment cannot be made in accordance with the provisions of subsection (2) and Schedule 3, he may, notwithstanding those provisions, after consultation with the Lord Chief Justice, appoint any barrister, solicitor or other person whom he considers to be suitable for appointment having regard to his knowledge and experience.

(4) Without prejudice to section 68, the functions of the holder of each office listed in column 1 of Schedule 3 shall include the functions specified in relation to that office in column 4 of that Schedule (being functions heretofore exercised by the holder of the office or offices so specified) and accordingly—

(a) for a reference in any statutory provision relating to those functions to any office listed in column 4 of Schedule 3 or to the holder of any such office there shall be substituted a reference to the appropriate corresponding office listed in column 1 of that Schedule or to the holder of that office, as the case may be; and

(b) the offices specified in column 4 of Schedule 3 are hereby abolished.

(5) The Lord Chancellor may by order made after consultation with the Lord Chief Justice at any time modify Schedule 3 by:—

(a) removing any office and any entry relating thereto from that Schedule;

(b) adding any office and any entry relating thereto to that Schedule;

(c) amending the title of any office or amending any entry relating to any office in that Schedule.

(6) An order under subsection (5) may make provision for any incidental, consequential, transitional or supplementary matters for which it appears to the Lord Chancellor to be necessary or expedient for the purpose of the order to provide and may amend or repeal any statutory provision (including any provision of this Act) so far as may be necessary or expedient in consequence of the order.

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Subordinate Legislation Made

P1 S. 70(5)(6) power exercised (03.06.1991) by S.R. 1991/230

Amendments (Textual)

F1 Words in s. 70(2) substituted (15.10.2002) by 2002 c. 26, s. 18(8); S.R. 2002/319, art. 2, Sch.

F2 Words in s. 70(2)(a) repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3(h)(i)