Justice (Northern Ireland) Act 2004 (c. 4)

The judiciary N.I.

1 Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission N.I.

The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as set out in Schedule 1 for the purpose of transferring to the Lord Chancellor functions exercisable by the First Minister and deputy First Minister, acting jointly, in relation to the Northern Ireland Judicial Appointments Commission.

2 Membership of the Commission N.I.

(1) In section 3 of the 2002 Act for subsection (8) (lay members of the Commission to be representative of the community in Northern Ireland) substitute—

“(8) It is the duty of—

(a) the Lord Chancellor, and

(b) those responsible for making nominations under subsection (5)(a) and (b),

to make such arrangements in connection with the exercise of their functions under this section as will, so far as is practicable, secure that the membership of the Commission is reflective of the community in Northern Ireland.”

(2) In Schedule 2 to the 2002 Act in paragraph 1 (tenure of judicial members) for sub-paragraph (1) substitute—

“(1) Subject as follows, a judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(1A) A person may not be appointed as a judicial member for more than five years at a time; and the aggregate period for which a person may be a judicial member by virtue of his holding any one of the judicial offices mentioned in section 3(6) must not exceed ten years.”

3 Duty of Commission to secure judiciary reflective of the community N.I.

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 3 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), ss. 2(4), 5(7), Sch. 5 para. 5; S.I. 2010/812, art. 2

4 Appointment of Lord Chief Justice and Lords Justices of Appeal N.I.

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 4 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), ss. 2(4), 5(7), Sch. 5 para. 5; S.I. 2010/812, art. 2

5 Removal or suspension from listed judicial offices N.I.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 5 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), ss. 2(4), 5(7), Sch. 5 para. 5; S.I. 2010/812, art. 2