Justice (Northern Ireland) Act 2004

Section 1

SCHEDULE 1 Transfer to Lord Chancellor of functions relating to Northern Ireland Judicial Appointments Commission

1 In section 2(2) of the 2002 Act for “First Minister and deputy First Minister, acting jointly,” substitute “Lord Chancellor”.

2 In section 3(2)(b) of the 2002 Act for “First Minister and deputy First Minister, acting jointly” substitute “Lord Chancellor”.

3 (1) Section 5 of the 2002 Act is amended as follows.

(2) In subsection (3) for “First Minister and deputy First Minister, acting jointly,” substitute “Lord Chancellor”.

(3) In subsection (4) for “Office of the First Minister and deputy First Minister” substitute “Lord Chancellor” and for “that Office” substitute “the Lord Chancellor”.

(4) In subsection (5)—

(a) for “First Minister and deputy First Minister do” substitute “Lord Chancellor does”,

(b) for “they” substitute “he”, and

(c) for “their” substitute “his”.

(5) In subsection (6) for “Office of the First Minister and deputy First Minister” substitute “Lord Chancellor” and for “that Office” substitute “the Lord Chancellor”.

(6) In subsection (7) for “First Minister and deputy First Minister” substitute “Lord Chancellor”.

4 (1) Section 90 of the 2002 Act is amended as follows.

(2) Omit subsections (2) and (3).

(3) In subsection (4) after “section” insert “2(2)(b),”.

(4) In subsection (5)(a) after “section” insert “2(2)(a) or (c),”.

5 (1) Schedule 2 to the 2002 Act is amended as follows.

(2) In paragraph 1(2) for “First Minister and deputy First Minister, acting jointly,” substitute “Lord Chancellor”.

(3) In paragraph 1(3) for “Office of the First Minister and deputy First Minister” substitute “Lord Chancellor”.

(4) In paragraph 2(3) for “Office of the First Minister and deputy First Minister” substitute “Lord Chancellor”.

(5) In paragraph 2(4) for “First Minister and deputy First Minister, acting jointly,” substitute “Lord Chancellor”.

(6) In paragraph 3 for “First Minister and deputy First Minister, acting jointly,” substitute “Lord Chancellor”.

(7) In paragraph 4(1) for “First Minister and deputy First Minister” substitute “Lord Chancellor”.

(8) For paragraph 4(3) substitute—

“(3) Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply: and, accordingly, in Schedule 1 to that Act (employments, etc, to which section 1 can apply), at the appropriate place in the list of “Royal Commissions and other Commissions” insert—

“Northern Ireland Judicial Appointments Commission”.”

(9) In paragraph 5(5) for “Office of the First Minister and deputy First Minister” substitute “Lord Chancellor”.

(10) In paragraph 5(6) for “First Minister and deputy First Minister, acting jointly, must lay before the Assembly” substitute “Lord Chancellor must lay before each House of Parliament” and for “their Office” substitute “him”.

(11) In paragraph 5(7) for “the Assembly” substitute “each House of Parliament”.

(12) In paragraph 6 for “First Minister and deputy First Minister, acting jointly,” substitute “Lord Chancellor”.

(13) In paragraph 7(2) for “First Minister and deputy First Minister, acting jointly, direct” substitute “Lord Chancellor directs”.

(14) For paragraph 7(3) and (4) substitute—

“(3) The Commission must send copies of the statement of accounts relating to a financial year to—

(a) the Lord Chancellor, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year as the Lord Chancellor directs.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) lay a copy of the statement of accounts and of his report on it before each House of Parliament.”