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Justice (Northern Ireland) Act 2002

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[F18 Tribunals for considering removalN.I.
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Amendments (Textual)

This sectionnoteType=Explanatory Notes has no associated

(1)A tribunal to consider the removal of the holder of a listed judicial office may be convened—

(a)by the Lord Chief Justice after consulting the Northern Ireland Judicial Appointments Ombudsman, or

(b)by the Ombudsman after consulting the Lord Chief Justice.

(2)A tribunal is to consist of—

(a)a Lord Justice of Appeal or a judge of the High Court,

(b)a person who holds an office within section 3(6)(a) to (e), and

(c)a lay member of the Commission (see section 3(5)(c)).

(3)The persons within subsection (2)(a) and (b) are to be selected by the Lord Chief Justice and the person within subsection (2)(c) is to be selected by the Ombudsman.

(4)Unless the Commission otherwise agrees, the persons within subsection (2)(a) and (b) must be judicial members of the Commission (see section 3(5)(a)).

(5)The person within subsection (2)(a) is to be the chair of the tribunal.

(6)The tribunal's procedure is to be determined by the Lord Chief Justice.

(7)The justice department may pay a member of a tribunal any such allowances or fees as it may determine.F1]

8 Tribunals for considering removalN.I.

(1)A tribunal to consider the removal of the Lord Chief Justice may be convened by the First Minister and deputy First Minister, acting jointly.

(2)A tribunal to consider the removal of the holder of any other protected judicial office may be convened—

(a)by the First Minister and deputy First Minister, acting jointly, after consulting the Lord Chief Justice, or

(b)by the Lord Chief Justice, after consulting the First Minister and deputy First Minister.

(3)A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of Appeal may not be convened unless the Prime Minister has been consulted.

(4)A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court is to consist of—

(a)a person who [F2holds high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005]F2 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,

(b)a person who is, or has been, a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and

(c)a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.

(5)A tribunal to consider the removal of the holder of any other protected judicial office is to consist of—

(a)a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,

(b)a person who holds the office of judge of the High Court, and

(c)a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.

(6)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4) or (5).

(7)The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the Lord Chancellor [F3 after consultation with all of the following—

(a)the President of the Supreme Court;

(b)the Lord Chief Justice of England and Wales;

(c)the Lord President of the Court of Session;

(d)the Lord Chief Justice of Northern Ireland (unless the tribunal is to consider his removal)]

F3.

(8)The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the Lord Chief Justice.

(9)The selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the First Minister and deputy First Minister, acting jointly.

(10)The procedure of a tribunal is to be determined by the Lord Chief Justice except where—

(a)the office of Lord Chief Justice is vacant,

(b)he is not available, or

(c)the tribunal is to consider his removal from office;

and in such a case its procedure is to be determined by its chairman.

(11)The First Minister and deputy First Minister, acting jointly, may pay to a member of a tribunal any such allowances or fees as they may determine.

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Amendments (Textual)

F3Words in s. 8(7) inserted (prosp. with effect as mentioned in Sch. 5 para. 115(2) of the amending Act) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 116

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