Judicature (Northern Ireland) Act 1978

The Magistrates’ Courts Act (Northern Ireland) 1964 M1 U.K.

Marginal Citations

M1 1964 c. 21. (N.I.).

For section 3 substitute—

“3 Justices of the peace.

Justices of the peace shall be appointed in accordance with section 103 of the Judicature (Northern Ireland) Act 1978.”.

In section 6(1) for the words from “member of” to the end substitute the words “member of the Northern Ireland Court Service, notary public or commissioner for oaths”.

F1 . . ..

Textual Amendments

F1 Sch. 5 Pt. II: entry relating to s. 7 repealed (15.10.2002) by 2002 c. 26, s. 86, Sch. 13; S.R. 2002/319, art. 2 Sch.

In section 10(1) for the word “Governor” wherever it occurs substitute the words “Lord Chancellor” and for the words “being persons who are eligible for appointment as, or have previously been, resident magistrates”.

For section 11 substitute—

“11 Removal of resident magistrates from office.

(1) Subject to subsection (2) and to section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, every resident magistrate shall hold his office during good behaviour, but may be removed from his office by the Lord Chancellor on the ground of incapacity or misbehaviour.

(2) Subsection (1) shall not apply to a resident magistrate holding office immediately before 1st January 1974 but, subject to section 1 of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, every such resident magistrate shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of Parliament of the United Kingdom.”.

In section 12(1) for the words from the beginning to “the salaries” substitute the words “make an application for the judicial review to the Minister for the Civil Service, determine the salaries”.

. . . F2

Textual Amendments

F2 Entries relating to Magistrates' Courts Act (Northern Ireland) 1964 (c. 21) (N.I.) (except the entries relating to ss. 3, 6(1), 7, 10(1), 11, 12(1) and 168(2) ) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

For section 168, substitute—

“168 Expenses.

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

(2) There shall be charged on and paid out of the Consolidated Fund of the United Kingdom the salaries payable to resident magistrates under this Act or the Resident Magistrates (Belfast) Act 1911.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”