SCHEDULES

SCHEDULE 5Functions under legislation relating to Northern Ireland

Part 1Amendments

Justice (Northern Ireland) Act 2002 (c. 26)

I1115

1

The Justice (Northern Ireland) Act 2002 is amended as follows.

2

Where the amendment to section F3... 24(5) or 43(6) of that Act made by this Schedule comes into force before section 23 of this Act, the reference in that section (as amended by this Schedule) to the President of the Supreme Court has effect, until section 23 comes into force, as a reference to the senior Lord of Appeal in Ordinary.

F1116

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F4117

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118

In section 10 (transfer of functions of justices of the peace), in subsection (4) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

119

In section 12 (role of the Lord Chief Justice), omit subsections (2) and (3).

I6120

1

In section 24 (removal of Attorney General), in subsection (5) after “Lord Chancellor” insert

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

I7121

In section 43 (appointment and removal of Director of Public Prosecutions), in subsection (6) after “Lord Chancellor” insert

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

I2122

1

Schedule 1 (listed judicial offices) is amended as follows.

2

After the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” insert—

  • Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

3

For the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” and the entry inserted by sub-paragraph (2) above substitute—

  • Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))

4

Before the entry “Member of the panel of chairmen of the Fair Employment Tribunal” insert—

  • Member of the panel of chairmen of the Industrial Tribunals

5

At the end of the Schedule insert—

  • Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269)

  • Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland

  • Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

  • President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

  • Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland

  • Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985)

  • Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland

  • Member of the panel of chairmen of VAT tribunals for Northern Ireland

  • General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970)

F2123

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124

1

Schedule 4 (functions of justices of the peace) is amended as follows.

2

In paragraph 4 (amendment of Schedule by order), after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

3

In paragraph 5 (consequential amendments by order) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

4

After paragraph 5 insert—

5A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

125

Omit Schedule 5 (transfer of functions to Lord Chief Justice).

I3126

1

Schedule 6 (office-holders required to take judicial oath) is amended as follows.

2

After the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” insert— “ Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) ”.

3

For the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” and the entry inserted by sub-paragraph (2) above substitute— “ Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) ”.

4

Before the entry “Member of the panel of chairmen of the Fair Employment Tribunal” insert— “ Member of the panel of chairmen of the Industrial Tribunals ”.

5

At the end of the Schedule insert— “ Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269). Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985) Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland Member of the panel of chairmen of VAT tribunals for Northern Ireland General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970) ”.

I5127

In Schedule 12 (minor and consequential amendments), after paragraph 81 insert—

82Constitutional Reform Act 2005

Omit sections 133 to 136 of the Constitutional Reform Act 2005 (judicial removals: Northern Ireland).

I4128

1

Schedule 13 (repeals and revocations) is amended as follows.

2

Omit—

a

the entry relating to the County Courts (Northern Ireland) Order 1980 (1980/397 (N.I. 3));

b

the entry relating to Article 168 of the Magistrates' Courts (Northern Ireland) Order 1981.

I83

After the entries relating to the Justice (Northern Ireland) Act 2002 insert—

Constitutional Reform Act 2005

Sections 133 to 136.