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Justice (Northern Ireland) Act 2002

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This is the original version (as it was originally enacted).

7Removal from listed judicial offices

This section has no associated Explanatory Notes

(1)A person holding a listed judicial office may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.

(2)The power to remove or suspend him is exercisable by the First Minister and deputy First Minister, acting jointly.

(3)He may only be removed if a tribunal convened under section 8 has reported to the First Minister and deputy First Minister recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

(4)He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to them that he be suspended.

(5)He may not be removed or suspended without the agreement of the Lord Chief Justice.

(6)If he 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).

(7)Nothing in subsections (1) to (6) applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see section 12B of the Judicature (Northern Ireland) Act 1978 (c. 23) (inserted by section 6 of this Act)).

(8)But, subject to that, those subsections apply whatever the date of a person’s appointment.

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