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Justice (Northern Ireland) Act 2002

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This is the original version (as it was originally enacted).

43Appointment and removal of Director by Attorney General

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(1)The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director.

(2)The Director or Deputy Director—

(a)may be removed from office by the Attorney General for Northern Ireland if a tribunal convened under subsection (4) has reported to him recommending that the Director or Deputy Director be removed on the ground of misbehaviour or inability to perform the functions of the office, and

(b)may be suspended from office by the Attorney General for Northern Ireland (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Attorney General for Northern Ireland that he be suspended.

(3)If the Director or Deputy Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

(4)A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland.

(5)A tribunal is to consist of—

(a)a person who holds the office of Lord of Appeal in Ordinary or high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)) and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and

(b)a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.

(6)The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor.

(7)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5).

(8)The procedure of a tribunal is to be determined by its chairman.

(9)The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.

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