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County Courts Act (Northern Ireland) 1959

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PART XIN.I.JUDGES AND DEPUTY JUDGES

102Appointment and assignment of judges.N.I.

[F1(1)Her Majesty may appoint a qualified person to be a judge.]

(2)A judge shall sit in the county court in accordance with directions given by the[F2Lord Chief Justice].

(3)A judge may, in accordance with such directions, sit as a judge [F3in any county court] .

(4)Subject to sub-sections (2) and (3), the[F2Lord Chief Justice] [F4may assign a judge to one or more division] and may from time to time vary any such assignment.

(5)The judge[F5, or (if more than one) one of the judges,] assigned to the division which is or includes—

(a)the area of the city of Belfast shall be styled the Recorder of Belfast;

(b)the area of the city of Londonderry shall be styled the Recorder of Londonderry.]

F6[(6)In this Act “judge” means a county court judge, that is to say a judge appointed under this section.] [F7and “division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for all or the residual purposes of a county court.]

[F8102A Presiding judgeN.I.

(1)The Lord Chief Justice must appoint one of the judges to be the Presiding judge with responsibility for the county courts and the other judges and the deputy judges.

(2)The person appointed as Presiding judge holds that office in accordance with the terms of his appointment.

(3)If the office of Presiding judge becomes vacant, the Lord Chief Justice may appoint a judge to act as Presiding judge, pending a new appointment.]

103Qualifications and disqualifications of judges.N.I.

(1)A person shall not be qualified to be appointed a judge [F9 unless[F10 he is—

(a)a member of the Bar of Northern Ireland of at least ten years' standing; or

(b)a solicitor of the[F11Court of Judicature] of at least ten years' standing.]

(2)A judge, so long as he holds office as such, shall not practise at the bar or be directly or indirectly concerned as a conveyancer, notary public or solicitor.

S. 104 rep. by 1964 c. 21 (NI)

105Tenure and oaths of office and retirement of judges.N.I.

(1)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subs. (3) rep. by 2002 c. 26

[F13(4)Every judge shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (F14. . . power to authorise continuance in office up to the age of 75).]

F15[106Salaries and allowances of judges.N.I.

(1)There shall be paid to each judge such salary as may be determined by the Lord Chancellor with the consent of[F16 the Treasury].

(2)The salary payable to any judge shall begin from the date on which the judge takes the[F17required oath or makes the required affirmation and declaration].

(3)The Lord Chancellor with the approval of[F16 the Treasury] may allow to any judge, for the purpose of defraying his travelling and subsistence expenses, such sum as appears reasonable.]

[F18(4)Sums payable under subsection (3) are to be paid by the Department of Justice.]

F19[107Deputy judges.N.I.

(1)The[F20Northern Ireland Judicial Appointments Commission] may appoint as deputy judge[F21 a person who is—

(a)a member of the Bar of Northern Ireland of at least ten years' standing; or

(b)a solicitor of the[F22Court of Judicature] of at least ten years' standing.]

[F23(1A)The term for which a person is appointed as a deputy judge is to be determined by the Commission with the agreement of the [F24Department of Justice].]

(2)The appointment of a person as a deputy judge shall specify the term for which he is appointed [F25as determined under subsection (1A)].

[F26(3)Subject to subsection (4), the Commission may, with the agreement of a deputy judge and the [F27Department of Justice], from time to time extend, for such period as it thinks appropriate, the term for which the deputy judge is appointed.]

[F28(4)Neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the day on which he attains the age of seventy; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (F29. . . power to authorise continuance in office up to the age of 75).]

(5)A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects [F30 and a reference in any statutory provision to, or which is to be construed as a reference to, a county court judge shall, for the purposes of or in relation to any proceedings in a county court, be construed as including a reference to a deputy judge appointed under this section].

(6)Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgment is reserved therein, that deputy judge shall, notwithstanding anything in sub-section (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgment so reserved.

(7)[F31The Department of Justice shall pay] to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of[F32 the Treasury], determine.]

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