Northern Ireland Act 2009

Judicature (Northern Ireland) Act 1978 (c. 23)E+W+S+N.I.

10(1)Amend section 2 as follows.E+W+S+N.I.

(2)In subsection (3) for “Her Majesty may by Order in Council” substitute “ The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order ”.

(3)For subsection (4) substitute—

(4)Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does not apply in relation to puisne judges.

11In section 3(4) for “Her Majesty may by Order in Council” substitute “ The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order ”.E+W+S+N.I.

12For section 7(3) substitute—E+W+S+N.I.

(3)The Northern Ireland Judicial Appointments Commission may appoint a person qualified for appointment as a judge of the High Court to sit and act as a judge of the High Court as a temporary measure in order to facilitate the disposal of business in the High Court or the Crown Court.

13After section 8(1) insert—E+W+S+N.I.

(1A)For this purpose, an appointment under section 7(3) is to be made for—

(a)a particular case or cases determined by the Lord Chief Justice or a person within section 7(5)(a) or (b) nominated by the Lord Chief Justice to make determinations under this paragraph, or

(b)a period specified by the Northern Ireland Judicial Appointments Commission with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).

14In section 14(1) for “the Lord Chancellor” substitute “ Her Majesty ”.E+W+S+N.I.

15(1)Amend section 70 as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)Appointments to the offices listed in column 1 of Schedule 3 shall be made by the Northern Ireland Judicial Appointments Commission after consultation with the Lord Chief Justice; and persons holding such offices are in this Act referred to as “statutory officers”.

(1A)The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to statutory officers.

(1B)The terms and conditions of service for statutory officers are to be determined by the Lord Chancellor with the concurrence of the Treasury.

(3)In subsection (3)—

(a)for “Lord Chancellor” substitute “ Commission ”;

(b)for “he” (in both places where it appears) substitute “ it ”.

(4)In subsection (5) for “Lord Chancellor” substitute “ justice department (within the meaning of the Justice (Northern Ireland) Act 2002) ”.

(5)In subsection (6) for “Lord Chancellor” substitute “ justice department ”.

16(1)Amend section 74 as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)In order to facilitate the disposal of business, the Northern Ireland Judicial Appointments Commission may, after consultation with the Lord Chief Justice, appoint a suitably qualified person—

(a)to act as a deputy for any statutory officer, or

(b)to act as a temporary additional statutory officer,

during such period or on such occasions as the Commission determines with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002).

(1A)The justice department must consult the Lord Chief Justice before giving its agreement to a period or occasion under subsection (1).

(1B)The Lord Chief Justice must be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to deputies for statutory officers or temporary additional statutory officers.

(3)In subsection (3) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

17In section 103(3)—E+W+S+N.I.

(a)for “Lord Chancellor” substitute “ justice department (within the meaning of the Justice (Northern Ireland) Act 2002) ”;

(b)for “so appointed” substitute “ of the peace ”.

18(1)Amend section 119 as follows.E+W+S+N.I.

(2)In subsection (1) after “Lord Chancellor” insert “ or the justice department (within the meaning of the Justice (Northern Ireland) Act 2002) ”.

(3)In subsection (2) for “68(3)” substitute “ 2(3), 3(4), 68(3), 70(5) ”.

(4)After subsection (2) insert—

(2A)Any statutory rule made under section 2(3) or 3(4) is subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954).

(2B)Any statutory rule made under section 70(5) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(5)In subsection (3) omit“2(3), 3(4),”.