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Justice (Northern Ireland) Act 2002

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Changes over time for: Section 9

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X19 Lay magistratesN.I.

This sectionnoteType=Explanatory Notes has no associated

(1)The [F1First Minister and deputy First Minister, acting jointly,] must, for each county court division, appoint persons to be lay magistrates for the division.

(2)A person may not be appointed to be a lay magistrate unless—

(a)he has completed a course of training [F2approved by the Lord Chief Justice after consultation with the [F3First Minister and deputy First Minister], orF2]

(b)he has given an undertaking in writing to attend such a course of training.

(3)It is a condition of the appointment of a person under subsection (2)(b) that he will complete such a course of training within the period of one year beginning with the date of his appointment or such longer period as the [F4such longer period as the Lord Chief Justice may, after consulting the [F5First Minister and deputy First Minister, acting jointly,] , allow.F4]

(4)The [F6First Minister and deputy First Minister, acting jointly,] may [F7, after consultation with the Lord Chief Justice,]F7by order make further provision about eligibility for appointment to be a lay magistrate.

(5)The provision which may be made by an order under subsection (4) includes (in particular) provision that a person may not be appointed to be a lay magistrate—

(a)if he does not reside or work in, or within a prescribed distance of, the county court division to which the appointment relates,

(b)if he, or a person related to or otherwise connected with him in a prescribed manner, holds an office of a prescribed description, has an occupation of a prescribed description or has been selected as a candidate for election to a prescribed body,

(c)if a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d)if he has been convicted of a prescribed offence,

unless [F8, after consultation with the Lord Chief Justice,]F8 the [F9First Minister and deputy First Minister, acting jointly, otherwise determine] in the case of a particular person.

(6)Prescribed” means prescribed in the order.

(7)No act by a person appointed to be a lay magistrate is invalidated by reason only that he is not a lay magistrate because he was not eligible to be appointed.

(8)A lay magistrate ceases to hold office on the day on which he attains the age of 70.

(9)No act by a person who has been a lay magistrate is invalidated by reason only that he has ceased to hold office under subsection (8).

(10)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The [F11First Minister and deputy First Minister] must pay to lay magistrates any such allowances as [F12they may jointly] determine.

(12)The Lord Chief Justice, Lords Justices of Appeal, judges of the High Court and county court judges may exercise any function of a lay magistrate (in relation to any matter arising within any county court division).

[F13(13)In paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: judicial offices), after “resident magistrates,” insert “ lay magistrates, ”.]

(14)County court division” means a division specified under Article 3(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X1The omission of the cross-heading before s. 9 on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of s. 9.

Amendments (Textual)

F1Words in s. 9(1)(3)(4) substituted (prosp.) by 2002 c. 26, ss. 5, 87, Sch. 3 para. 41(1)(2)

F3Words in s. 9(2) substituted (prosp.) by 2002 c. 26, ss. 5, 87, Sch. 3 para. 41(1)(3)

F5Words in s. 9(1)(3)(4) substituted (prosp.) by 2002 c. 26, ss. 5, 87, Sch. 3 para. 41(1)(2)

F6Words in s. 9(1)(3)(4) substituted (prosp.) by 2002 c. 26, ss. 5, 87, Sch. 3 para. 41(1)(2)

F9Words in s. 9(5) substituted (prosp.) by 2002 c. 26, ss. 5, 87, Sch. 3 para. 41(1)(4)

F11Words in s. 9(11) substituted (prosp.) by 2002 c. 26, ss. 5, 87, Sch. 3 para. 41(1)(5)(a)

F12Words in s. 9(11) substituted (prosp.) by 2002 c. 26, ss. 5, 87, Sch. 3 para. 41(1)(5)(b)

F13S. 9(13) repealed (prosp.) by 2002 c. 26, ss. 86, 87, Sch. 13

Commencement Information

I1S. 9 wholly in force at 1.4.2005: s. 9 not in force at Royal Assent see s. 87: s. 9(4)(5)(6)(14) in force at 15.10.2002 by S.R 2002/319, art. 2, Sch.; s. 9(1)-(3)(7)-(11)(13) in force at 1.9.2004 by S.R. 2004/301, art. 2; s. 9(12) in force at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

X19 Lay magistratesN.I.

(1)The [F22Commission ]F22 must, for each county court division, appoint persons to be lay magistrates for the division.

(2)A person may not be appointed to be a lay magistrate unless—

(a)he has completed a course of training [F23approved by the Lord Chief Justice after consultation with the [F24justice department ]F24, orF23]

(b)he has given an undertaking in writing to attend such a course of training.

(3)It is a condition of the appointment of a person under subsection (2)(b) that he will complete such a course of training within the period of one year beginning with the date of his appointment or [F25such longer period as the Lord Chief Justice may, after consulting the [F24justice department ]F24, allow.F25]

(4)The [F24justice department ]F24 may [F26, after consultation with the Lord Chief Justice,]F26 by order make further provision about eligibility for appointment to be a lay magistrate.

(5)The provision which may be made by an order under subsection (4) includes (in particular) provision that a person may not be appointed to be a lay magistrate—

(a)if he does not reside or work in, or within a prescribed distance of, the county court division to which the appointment relates,

(b)if he, or a person related to or otherwise connected with him in a prescribed manner, holds an office of a prescribed description, has an occupation of a prescribed description or has been selected as a candidate for election to a prescribed body,

(c)if a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d)if he has been convicted of a prescribed offence,

unless [F27, after consultation with the Lord Chief Justice,]F27the [F24justice department ]F24 otherwise determines in the case of a particular person.

(6)Prescribed” means prescribed in the order.

(7)No act by a person appointed to be a lay magistrate is invalidated by reason only that he is not a lay magistrate because he was not eligible to be appointed.

(8)A lay magistrate ceases to hold office on the day on which he attains the age of 70.

(9)No act by a person who has been a lay magistrate is invalidated by reason only that he has ceased to hold office under subsection (8).

(10)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(11)The justice department must pay to lay magistrates any such allowances as it may determine.]

F28(12)The Lord Chief Justice, Lords Justices of Appeal, judges of the High Court and county court judges may exercise any function of a lay magistrate (in relation to any matter arising within any county court division).

(13)In paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: judicial offices), after “resident magistrates,” insert “ lay magistrates, ”.

(14)County court division” means a division specified under Article 3(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X1The omission of the cross-heading before s. 9 on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of s. 9.

Amendments (Textual)

Commencement Information

I1S. 9 wholly in force at 1.4.2005: s. 9 not in force at Royal Assent see s. 87: s. 9(4)(5)(6)(14) in force at 15.10.2002 by S.R 2002/319, art. 2, Sch.; s. 9(1)-(3)(7)-(11)(13) in force at 1.9.2004 by S.R. 2004/301, art. 2; s. 9(12) in force at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

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