http://www.legislation.gov.uk/ukpga/1999/22/section/98Access to Justice Act 1999An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates’ courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.1999-08-06texttext/xmlenStatute Law Database2024-05-17Expert Participation2022-11-30 Access to Justice Act 1999Sch. 2 para. 2(3)(m) (n)Policing and Crime Act 2009Sch. 7 para. 65(2)(b)s. 116(1)art. 3(i)Access to Justice Act 1999Sch. 2 para. 3(1)(aa)Policing and Crime Act 2009Sch. 7 para. 65(3)(a)s. 116(1)art. 3(i)Access to Justice Act 1999Sch. 2 para. 3(1)(da) (db)Policing and Crime Act 2009Sch. 7 para. 65(3)(b)s. 116(1)art. 3(i)Access to Justice Act 1999Sch. 2 para. 2(5) and wordCoroners and Justice Act 2009s. 51(2)s. 180s. 182(5) Part VI981. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In the Magistrates’ Courts (Northern Ireland) Order 1981, after Article 6 insert—6A1A court may not order any resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—aas such a magistrate or justice; orbas such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates’ court.2Paragraph (1) does not apply in relation to—aany proceedings in which a resident magistrate, justice of the peace or clerk of petty sessions is being tried for an offence or is appealing against a conviction; orbany proceedings in which it is proved that a resident magistrate, justice of the peace or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings.3Where a court is prevented by paragraph (1) from ordering a resident magistrate, justice of the peace or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.4The Lord Chancellor may by regulations specify—acircumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); andbhow the amount of any payment ordered under that paragraph is to be determined.5Regulations under paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.3In—aArticle 145A of the Magistrates’ Courts (Northern Ireland) Order 1981 (county court judge hearing certain appeals to be treated like resident magistrate in relation to immunity), . . . b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .after “6” insert “ , 6A ”.S. 98(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(aa)(bb)S.I. 1981/1765 (N.I.26). 1946 c.36. S.I. 1981/1675 (N.I.26). S. 98(3)(b) and preceding word repealed (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2005/109, art. 2, Sch.