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Justice (Northern Ireland) Act 2002 (c. 26)(The document as of February, 2008) Page 7 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 (a) the Lord Chancellor, (b) the Secretary of State, or (c) the First Minister and deputy First Minister, to make an order or a scheme (or alterations to a scheme) under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (2) An order containing provision made by virtue of section 2(2)(b) (whether or not together with other provision) shall be subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). (3) An order containing provision made by virtue of section 2(2)(a) or (c) (whether or not together with other provision) which is not subject to affirmative resolution shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954). (4) No order containing (whether or not together with other provision) provision made by virtue of section 9(4), 19(4)(b), 46(6)(a) or (b), 72(1), (3), (7) or (8) or 78 shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (5) The following instruments-- (a) an order under section 10(4), 12(3), 19(4)(a) or (c), 28(2), 46(6)(c), 63(2), 72(2) or 85(2), Schedule 4 or paragraph 7(3) of Schedule 8, and (b) a scheme (or alterations to a scheme) under section 68, shall, unless a draft has been approved by a resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly. 91 Extent(1) Subject as follows, the preceding provisions of this Act (with the Schedules) extend to Northern Ireland only. (2) Subsection (1) does not apply to any of the following provisions-- (a) section 10(6) and paragraphs 5 and 6 of Schedule 4, (b) section 22(1), and (c) section 27(1), and sections 87 to 90 so far as relating to those provisions. (3) Any amendment made by this Act, apart from the repeal of sections 4 and 6 of the Promissory Oaths Act 1868 (c. 72), has the same extent as the provision to which it relates. 92 Financial provisionThere is to be paid out of money provided by Parliament-- (a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and (b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided. 93 Short titleThis Act may be cited as the Justice (Northern Ireland) Act 2002. SCHEDULESSection 2 SCHEDULE 1 Listed judicial offices
Section 3 SCHEDULE 2 Judicial Appointments CommissionMembers' tenure1 (1) Subject as follows, a judicial member of the Commission is a member for so long as he holds the judicial office entitling him to membership. (2) The First Minister and deputy First Minister, acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice. (3) A judicial member may resign by notice in writing to the Office of the First Minister and deputy First Minister. 2 (1) Subject as follows, a non-judicial member of the Commission holds office for the period specified in his appointment (or re-appointment). (2) A person may not be appointed as a non-judicial member for more than five years at a time; and the aggregate period for which a person may be a non-judicial member must not exceed ten years. (3) A non-judicial member may resign by notice in writing to the Office of the First Minister and deputy First Minister. (4) The First Minister and deputy First Minister, acting jointly, may dismiss a non-judicial member if satisfied that-- (a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal, (b) he has been convicted of a criminal offence, (c) a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or (d) he is otherwise unable or unfit to exercise his functions. Salary etc. of non-judicial members3 The Commission must pay to or in respect of each non-judicial member of the Commission any such salary or allowances as the First Minister and deputy First Minister, acting jointly, may determine. Staff4 (1) The Commission may employ staff, but subject to the approval of the First Minister and deputy First Minister as to-- (a) numbers, (b) salary, and (c) other terms of employment. (2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in-- (a) the civil service of the United Kingdom, (b) the civil service of Northern Ireland, or (c) the Court Service, as it considers appropriate for or in connection with the exercise of its functions. (3) Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)) can apply; and, accordingly, in Schedule 1 to that Order (employments etc. to which Article 3 can apply), insert at the appropriate place-- " Employment in the Northern Ireland Judicial Appointments Commission. " Annual report5 (1) The Commission must, as soon as possible after the end of each financial year, prepare a report on how it has exercised its functions during the financial year. (2) Each annual report must include information about the persons who have applied to be, and the persons who have been, selected to be appointed or recommended for appointment by the Commission during the financial year to which it relates. (3) The information to be included about any persons in an annual report must include information about their gender, age, ethnic origins and community background and the part of Northern Ireland (if any) with which they regard themselves as being most closely associated. (4) But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained. (5) The Commission must send a copy of each annual report to the Office of the First Minister and deputy First Minister. (6) The First Minister and deputy First Minister, acting jointly, must lay before the Assembly a copy of each annual report received by their Office under sub-paragraph (5). (7) After a copy of a report has been laid before the Assembly, the Commission must arrange for it to be published. (8) In this paragraph "financial year" means-- (a) the period beginning with the day on which section 3 comes into force and ending with the first 31st March which falls at least six months after that day, and (b) each subsequent period of twelve months beginning with 1st April. Financial provisions6 The First Minister and deputy First Minister, acting jointly, may make grants to the Commission. 7 (1) The Commission must-- (a) keep proper accounts and proper financial records, and (b) prepare in respect of each financial year a statement of accounts. (2) The statement of accounts must-- (a) contain such information, and (b) be in such form, as the First Minister and deputy First Minister, acting jointly, direct. (3) The Commission must send copies of the statement of accounts relating to a financial year to-- (a) the Office of the First Minister and deputy First Minister, and (b) the Comptroller and Auditor General for Northern Ireland, within such period after the end of the financial year as the First Minister and deputy First Minister, acting jointly, direct. (4) The Comptroller and Auditor General for Northern Ireland must-- (a) examine, certify and report on the statement of accounts, and (b) lay a copy of the statement of accounts and of his report on it before the Assembly. (5) In this paragraph "financial year" has the same meaning as in paragraph 5. Committees and sub-committees8 (1) The Commission may establish committees. (2) Any committee of the Commission may establish sub-committees. (3) A committee or sub-committee may consist of or include persons who are not members of the Commission. (4) The Commission may pay to or in respect of any member of a committee or sub-committee who is neither a member of the Commission nor a member of staff of the Commission any such salary or allowances as the Commission may determine. Proceedings9 The Commission may regulate-- (a) its own procedure (including quorum), and (b) the procedure (including quorum) of its committees and their sub-committees. 10 The validity of any proceedings of the Commission, or of any of its committees or their sub-committees, is not affected by-- (a) any vacancy amongst the members, or (b) any defect in the appointment of a member. Delegation11 (1) The Commission may delegate any of its functions (to such extent as it determines) to any of its committees. (2) A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee. 12 If the function of selecting a person for appointment, or recommendation for appointment, to an office is delegated to a committee or sub-committee, the committee or sub-committee must include a member of the Commission and, unless he is a lay member, a person who is eligible to be a lay member. Miscellaneous13 (1) The Commission is not to be regarded-- (a) as the servant or agent of the Crown, or (b) as enjoying any status, immunity or privilege of the Crown. (2) The Commission's property is not to be regarded as property of, or held on behalf of, the Crown. 14 The Commission may do anything, apart from borrowing money, which it considers is-- (a) appropriate for facilitating, or (b) incidental or conducive to, the exercise of its functions. 15 The application of the seal of the Commission is to be authenticated by the signature of any member, or member of staff, of the Commission who has been authorised (whether generally or specially) for the purpose. 16 Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose. 17 A document purporting to be-- (a) duly executed by the Commission under its seal, or (b) signed on its behalf, is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed. Disqualification18 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)-- " The Northern Ireland Judicial Appointments Commission. " 19 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)-- " The Northern Ireland Judicial Appointments Commission. " Freedom of information20 In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)-- " The Northern Ireland Judicial Appointments Commission. " Section 5 SCHEDULE 3 Appointment to listed judicial officesTemporary High Court judges1 In section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23) (appointment of temporary High Court judges)-- (a) for "Lord Chancellor" substitute "First Minister and deputy First Minister", and (b) for "he may" substitute "they may, acting jointly,". County court judges and deputy county court judges2 The County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) has effect subject to the following amendments. 3 In section 102(1) (appointment of county court judges), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly". 4 (1) Section 107 (deputy county court judges) is amended as follows. (2) In subsection (1), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". (3) In subsection (3)-- (a) for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,", and (b) for "he thinks" substitute "they think". 5 In section 134 (evidence of health of person recommended for appointment as county court judge), for "Lord Chancellor shall take steps to satisfy himself" substitute "First Minister and deputy First Minister shall take steps to satisfy themselves". 6 After section 136 insert-- " 136A Charges on Northern Ireland Consolidated FundThere shall be charged on and paid out of the Consolidated Fund of Northern Ireland the salaries payable to judges under section one hundred and six. " Resident magistrates and deputy resident magistrates7 The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) has effect subject to the following amendments. 8 In section 9(1) (appointment of resident magistrates), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly". 9 In section 10(1) (appointment of deputy resident magistrates)-- (a) for "The Lord Chancellor" substitute "The First Minister and deputy First Minister, acting jointly,", (b) for "the Lord Chancellor", in the first place, substitute "they", and (c) for the words from "such conditions" to the end substitute-- " (a) such terms and conditions relating to removal from office as the First Minister and deputy First Minister, acting jointly, may determine; and (b) such other terms and conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine. " 10 In section 168(2) (payment of salaries), for "the United Kingdom" substitute "Northern Ireland". Coroners and deputy coroners11 The Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect subject to the following amendments. 12 In section 1 (administration of matters relating to coroners), for "The Lord Chancellor" substitute "Subject to the provisions of this Act, the First Minister and deputy First Minister, acting jointly,". 13 For section 2(1) substitute-- " (1) The First Minister and deputy First Minister, acting jointly, may appoint one, or more than one, coroner and deputy coroner-- (a) for such district or districts and on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and (b) on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor, after consultation with the Treasury, may determine; and the Lord Chancellor may, in exercise of his powers under section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23), appoint coroner's officers and other officers to assist such coroners. " 14 In section 3 (power to amalgamate coroners' districts), for "Lord Chancellor, as from such date as he" substitute "First Minister and deputy First Minister, acting jointly, as from such date as they". 15 In section 6(2) (inability or failure of coroner to discharge duties)-- (a) for "Lord Chancellor may in writing" substitute "First Minister and deputy First Minister, acting jointly, may in writing", and (b) for "the Lord Chancellor may specify" substitute "they may specify". Statutory officers and deputies and temporary appointments16 The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments. 17 (1) Section 70 (appointment of statutory officers) is amended as follows. (2) For subsection (1) substitute-- " (1) Appointments to the offices listed in column 1 of Schedule 3 shall be made by the First Minister and deputy First Minister, acting jointly, after consultation with the Lord Chief Justice-- (a) on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and (b) on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine with the concurrence of the Treasury; and persons holding such offices are in this Act referred to as "statutory officers". " (3) In subsection (3)-- (a) for "Lord Chancellor" substitute "First Minister and deputy First Minister", (b) for "he may" substitute "they may jointly", and (c) for "he considers" substitute "they consider". (4) In subsection (5), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". (5) In subsection (6), for "Lord Chancellor" substitute "First Minister and deputy First Minister". 18 (1) Section 74 (deputies and temporary appointments) is amended as follows. (2) In subsection (1)-- (a) for "to the Lord Chancellor" substitute "to the First Minister and deputy First Minister", (b) for "he" substitute "they, acting jointly,", (c) for "as the Lord Chancellor" substitute "as they", and (d) for "thinks" substitute "think". (3) In subsection (3), for "Lord Chancellor otherwise directs" substitute "First Minister and deputy First Minister, acting jointly, otherwise direct". Chief Social Security Commissioner, Social Security Commissioners and deputy Social Security Commissioners for Northern Ireland19 (1) Section 50 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (appointment of Social Security Commissioners for Northern Ireland) is amended as follows. (2) In subsection (1)-- (a) after "time to time" insert ", on the recommendation of the First Minister and deputy First Minister, acting jointly,", and (b) for the words from "such number" to the end substitute "other Social Security Commissioners." (3) In subsection (2)-- (a) for "Lord Chancellor considers" substitute "First Minister and deputy First Minister consider", (b) for "he should" substitute "they should", (c) for "he may" substitute "they may jointly", and (d) for "Lord Chancellor thinks" substitute "First Minister and deputy First Minister think". Chief Child Support Commissioner, Child Support Commissioners and deputy Child Support Commissioners for Northern Ireland20 The Child Support Act 1991 (c. 48) has effect subject to the following amendments. 21 In section 23(1) (appointment of Child Support Commissioners for Northern Ireland)-- (a) after "time to time" insert ", on the recommendation of the First Minister and deputy First Minister, acting jointly,", and (b) for the words from "such number" to the end substitute "other Child Support Commissioners." 22 In paragraph 8(d) of Schedule 4 (application of provisions relating to Child Support Commissioners to Northern Ireland)-- (a) before paragraph (i) insert-- " (ai) in sub-paragraph (1), for "Lord Chancellor" there were substituted "First Minister and deputy First Minister, acting jointly,"; " , and (b) after paragraph (i) insert-- " (ia) in paragraph (b) of sub-paragraph (2), for "Lord Chancellor thinks" there were substituted "First Minister and deputy First Minister think"; " President and members of appeal tribunals23 The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) has effect subject to the following amendments. 24 In Article 6(1) (appointment of the President of appeal tribunals), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". 25 (1) Article 7 (appointment of panel of persons to act as members of appeal tribunals) is amended as follows. (2) In paragraph (1), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". (3) In paragraph (2), for "Lord Chancellor thinks" substitute "First Minister and deputy First Minister think". (4) In paragraph (3), for "Lord Chancellor" substitute "First Minister and deputy First Minister". (5) In paragraph (4), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". Chairmen of Social Care Tribunals in Northern Ireland26 The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) has effect subject to the following amendments. 27 (1) Article 30 (constitution of panels of persons available to act as chairmen and members of Social Care Tribunals in Northern Ireland) is amended as follows. (2) In paragraph (1)(a), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". (3) In paragraph (3), for "Lord Chancellor considers" substitute "First Minister and deputy First Minister consider". 28 In Article 31(2) (constitution of tribunal), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly". President and Vice President of the Industrial Tribunals and the Fair Employment Tribunal and chairmen of the Fair Employment Tribunal29 (1) Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) (appointment of President and Vice-President of the Industrial Tribunals and the Fair Employment Tribunal and of chairmen of the Fair Employment Tribunal) is amended as follows. (2) In paragraph (1), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". (3) In paragraph (3), for "Lord Chancellor" substitute "Office of the First Minister and deputy First Minister". (4) In paragraph (6), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly". 30 The Fair Employment Tribunal Regulations (Northern Ireland) 1989 (S.R. 1989 No. 444) have effect subject to the following amendments. 31 In regulation 2(2), in the definitions of "the President" and "the Vice-President", for "Lord Chancellor" substitute "First Minister and deputy First Minister". 32 In regulation 4(1) (resignation of chairmen of the Fair Employment Tribunal for Northern Ireland), for "Lord Chancellor" substitute "Office of the First Minister and deputy First Minister". 33 In regulation 2(2) of the Fair Employment Tribunal (Rules of Procedure) Regulations 1989 (S.R. 1989 No. 445), in the definitions of "the President" and "Vice-President", for "Lord Chancellor" substitute "First Minister and deputy First Minister". President and other members of the Lands Tribunal for Northern Ireland34 The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) has effect subject to the following amendments. 35 In section 1(2) (appointment of President and other members), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly". 36 In section 3(1) and (2) (appointment of deputy President and temporary members), for "Governor" substitute "First Minister and deputy First Minister, acting jointly,". President and chairmen of Special Educational Needs Tribunal for Northern Ireland37 (1) Article 22 of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) (appointment of President and chairmen of Special Educational Needs Tribunal for Northern Ireland) is amended as follows. (2) In paragraph (2)-- (a) for "Lord Chancellor;" substitute "First Minister and deputy First Minister, acting jointly;", and (b) for "Lord Chancellor of" substitute "First Minister and deputy First Minister, acting jointly, of". (3) In paragraph (3)(a), for "Lord Chancellor considers" substitute "First Minister and deputy First Minister consider". (4) In paragraph (4)(b), for "Lord Chancellor" substitute "Office of the First Minister and deputy First Minister". Members of tribunal established under section 91 of the Northern Ireland Act 199838 (1) Schedule 11 to the Northern Ireland Act 1998 (c. 47) (tribunal established under section 91 of that Act) is amended as follows. (2) In paragraph 2(1), for "Lord Chancellor as he" substitute "First Minister and deputy First Minister, acting jointly, as they". (3) In paragraph 2(3), for "Lord Chancellor" substitute "Office of the First Minister and deputy First Minister". (4) In paragraph 3(1), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,". (5) In paragraph 3(4), for "Lord Chancellor" substitute "Office of the First Minister and deputy First Minister". (6) In paragraph 4-- (a) for "Lord Chancellor" (in each place) substitute "First Minister and deputy First Minister", (b) for "he may determine" (in each place) substitute "they may determine", (c) in sub-paragraph (2), for "he thinks fit" substitute "they think fit", and Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 -- Back --
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