Search Legislation

Northern Ireland Act 2009

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Northern Ireland Act 2009, SCHEDULE 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 2

SCHEDULE 3E+W+S+N.I.Amendments to the Justice (Northern Ireland) Act 2002

This schedule has no associated Explanatory Notes

1(1)Amend section 2 as follows.E+W+S+N.I.

(2)Omit subsection (1)(a).

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

Commencement Information

I1Sch. 3 para. 1 in force at 12.4.2010 by S.I. 2010/812, art. 2

2Omit section 4.

Annotations: Help about Annotation
Close

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.

Commencement Information

I2Sch. 3 para. 2 in force at 12.4.2010 by S.I. 2010/812, art. 2

3For section 5 substitute—

5Appointment to listed judicial offices

Schedule 3 (which is about the making of appointments to listed judicial offices) has effect.

Annotations: Help about Annotation
Close

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.

Commencement Information

I3Sch. 3 para. 3 in force at 12.4.2010 by S.I. 2010/812, art. 2

4In section 5A(1) for “section 5” substitute “ Schedule 3 ”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I4Sch. 3 para. 4 in force at 12.4.2010 by S.I. 2010/812, art. 2

5Omit section 6.

Annotations: Help about Annotation
Close

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.

Commencement Information

I5Sch. 3 para. 5 in force at 12.4.2010 by S.I. 2010/812, art. 2

6(1)Amend section 7 as follows.E+W+S+N.I.

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

(3)In subsection (3) for “First Minister and deputy First Minister” substitute “ Lord Chief Justice ”.

(4)In subsection (4) for “them” substitute “ the Lord Chief Justice ”.

(5)Omit subsection (5).

(6)After subsection (6) insert—

(6A)If the Lord Chief Justice does not remove or suspend a person (“P”) in accordance with a recommendation as mentioned in subsection (3) or (4), the Lord Chief Justice must notify the following of the Lord Chief Justice's reasons for not removing or suspending P—

(a)P;

(b)the tribunal;

(c)if the tribunal was convened by the Northern Ireland Judicial Appointments Ombudsman, the Ombudsman.

(7)In subsection (7)—

(a)for “(6)” substitute “ (6A) ”;

(b)for “section 12B” substitute “ section 12C ”;

(c)omit “(inserted by section 6 of this Act)”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I6Sch. 3 para. 6 in force at 12.4.2010 by S.I. 2010/812, art. 2

7For section 8 substitute—

8Tribunals for considering removal

(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.

Annotations: Help about Annotation
Close

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.

Commencement Information

I7Sch. 3 para. 7 in force at 12.4.2010 by S.I. 2010/812, art. 2

8(1)Amend section 9B as follows.E+W+S+N.I.

(2)In subsection (3) omit “or the Northern Ireland Court Service”.

(3)In subsection (4) after “Part” insert “ or paragraph 2A of Schedule 11 to the Northern Ireland Act 1998 ”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I8Sch. 3 para. 8 in force at 12.4.2010 by S.I. 2010/812, art. 2

9Omit section 9G.

Annotations: Help about Annotation
Close

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.

Commencement Information

I9Sch. 3 para. 9 in force at 12.4.2010 by S.I. 2010/812, art. 2

10In section 9H omit “or 9G”.

Annotations: Help about Annotation
Close

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.

Commencement Information

I10Sch. 3 para. 10 in force at 12.4.2010 by S.I. 2010/812, art. 2

11(1)Amend section 9I(2) as follows.E+W+S+N.I.

(2)In paragraph (a) for “section 12, 12A and 12B” substitute “ sections 12 to 12C ”.

(3)In paragraph (b) omit “5,”.

(4)After paragraph (b) insert—

(ba)Schedule 3 to this Act and paragraph 2A of Schedule 11 to the Northern Ireland Act 1998;.

Annotations: Help about Annotation
Close

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.

Commencement Information

I11Sch. 3 para. 11 in force at 12.4.2010 by S.I. 2010/812, art. 2

F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

Commencement Information

I12Sch. 3 para. 12 in force at 12.4.2010 by S.I. 2010/812, art. 2

13For Schedule 3 substitute—

SCHEDULE 3E+W+S+N.I.Appointment to listed judicial offices

Part 1E+W+S+N.I.Appointments by Her Majesty

ApplicationE+W+S+N.I.

1This Part of this Schedule applies to a listed judicial office to which persons are appointed by Her Majesty; and “listed judicial office” is to be read accordingly.

ProcessE+W+S+N.I.

2(1)Her Majesty's power to appoint a person to a listed judicial office is exercisable on the Lord Chancellor's recommendation.

(2)The Lord Chancellor's power to recommend a person for appointment to a listed judicial office is exercisable only (and must be exercised) as follows.

(3)The Commission is responsible for the selection of persons for recommendation for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process).

(4)When the Commission selects a person under sub-paragraph (3) it must notify the Lord Chancellor.

(5)The Lord Chancellor must, as soon as reasonably practicable, recommend the selected person for appointment to the office in question.

(6)The Commission must (in particular) exercise its power under sub-paragraph (3) to ensure that any vacancy in a listed judicial office is filled.

(7)Sub-paragraph (6) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

Part 2E+W+S+N.I.Appointments by the Commission

ApplicationE+W+S+N.I.

3This Part of this Schedule applies to a listed judicial office to which persons are appointed by the Commission; and “listed judicial office” is to be read accordingly.

ProcessE+W+S+N.I.

4(1)The Commission is responsible for the selection of persons for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process).

(2)When the Commission selects a person under sub-paragraph (1) it must appoint the person to the office in question.

(3)The Commission must (in particular) exercise its power under sub-paragraph (1) to ensure that any vacancy in a listed judicial office is filled.

(4)Sub-paragraph (3) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

Part 3E+W+S+N.I.Maximum numbers

5(1)This Part of this Schedule applies to a listed judicial office—

(a)to which Part 1 or 2 of this Schedule applies, and

(b)which (apart from this Part of this Schedule) may be held by more than one person at any time.

(2)The Commission must, with the agreement of the justice department, determine the maximum number of persons who may hold the office at any time.

(3)The Commission may from time to time, with the agreement of the justice department, revise the determination.

(4)A determination (or any revision) does not affect any appointments that have already been made.

Part 4E+W+S+N.I.General provision about selections

6(1)The selection under this Schedule of a person to be appointed, or recommended for appointment, to a listed judicial office must be made solely on the basis of merit.

(2)Subject to that, the Commission must at all times engage in a programme of action which complies with sub-paragraph (3).

(3)A programme of action complies with this sub-paragraph if—

(a)it is designed to secure, so far as it is reasonably practicable to do so, that appointments to listed judicial offices are such that those holding such offices are reflective of the community in Northern Ireland,

(b)it requires the Commission, so far as it is reasonably practicable to do so, to secure that a range of persons reflective of the community in Northern Ireland is available for consideration by the Commission whenever it is selecting a person to be appointed, or recommended for appointment, to a listed judicial office, and

(c)it is for the time being approved by the Commission for the purposes of this Schedule.

Annotations: Help about Annotation
Close

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.

Commencement Information

I13Sch. 3 para. 13 in force at 12.4.2010 by S.I. 2010/812, art. 2

14After paragraph 12(2) of Schedule 3A insert—

(3)Sub-paragraph (1) does not apply to the Ombudsman's functions under section 7 or 8 of this Act or section 12B or 12C of the Judicature (Northern Ireland) Act 1978.

Annotations: Help about Annotation
Close

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.

Commencement Information

I14Sch. 3 para. 14 in force at 12.4.2010 by S.I. 2010/812, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources