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Judicature (Northern Ireland) Act 1978

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This is the original version (as it was originally enacted).

99Qualifications of county court judges and deputy judges

(1)In section 103(1) of the [1959 c. 25 (N.I.).] County Courts Act (Northern Ireland) 1959 for the words from " unless " to the end of the subsection there shall be substituted the words " unless—

(a)he has practised for not less than ten years at the Bar of Northern Ireland ; or

(b)he has been a deputy judge for not less than three years.".

(2)For section 107 of the County Courts Act (Northern Ireland) 1959 there shall be substituted the following section—

107Deputy judges.

(1)The Lord Chancellor may appoint as deputy judge—

(a)a person who has previously held the office of judge;

(b)a person who has practised for not less than ten years at the Bar of Northern Ireland;

(c)a resident magistrate ;

(d)a solicitor who has practised for not less than ten years as a solicitor in Northern Ireland.

(2)The appointment of a person as a deputy judge shall specify the term for which he is appointed.

(3)Subject to subsection (4), the Lord Chancellor may, with the agreement of the deputy judge, from time to time extend, for such period as he thinks appropriate, the term for which the deputy judge is appointed.

(4)Except where an appointment is made under subsection (1)(a), neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the end of the completed year of service in which he attains the age of seventy-two years.

(5)A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects.

(6)Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgment is reserved therein, that deputy judge shall, notwithstanding anything in subsection (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgment so reserved.

(7)There shall be paid to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine..

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