Justice (Northern Ireland) Act 2002 (c. 26)

(The document as of February, 2008)

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(d) in sub-paragraph (3), for "he may pay" substitute "they may pay".

Members of the Mental Health Review Tribunal for Northern Ireland

39 (1) Schedule 3 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (Mental Health Review Tribunal for Northern Ireland) is amended as follows.

(2) In paragraph 1--

(a) for "appointed by the Lord Chancellor" (in each place) substitute "appointed by the First Minister and deputy First Minister, acting jointly,", and

(b) for "Lord Chancellor considers" (in both places) substitute "First Minister and deputy First Minister consider".

(3) In paragraph 2, for "Lord Chancellor" substitute "Office of the First Minister and deputy First Minister".

(4) In paragraph 3, for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,".

Lay magistrates

40 This Act has effect subject to the following amendments.

41 (1) Section 9 is amended as follows.

(2) In subsections (1), (3) and (4), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,".

(3) In subsection (2), for "Lord Chancellor" substitute "First Minister and deputy First Minister".

(4) In subsection (5), for "Lord Chancellor otherwise determines" substitute "First Minister and deputy First Minister, acting jointly, otherwise determine".

(5) In subsection (11)--

(a) for "Lord Chancellor" substitute "First Minister and deputy First Minister", and

(b) for "he may" substitute "they may jointly".

42 (1) Section 90 is amended as follows.

(2) In subsection (2), after "2(2)(b)" insert "or 9(4)".

(3) In subsection (4), omit "9(4),".

Section 10

SCHEDULE 4 Functions of justices of the peace

Retained functions

1 (1) A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs (and is not transferred to lay magistrates).

(2) This sub-paragraph applies to--

(a) sections 79 and 80 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) (appointment and dismissal of harbour police),

(b) section 542(2) of the Merchant Shipping Act 1894 (c. 60) (declaration by marine store dealer),

(d) section 23(1) of the Government Annuities Act 1929 (c. 29) (confirmation of declaration),

(e) section 63(3) and (4) of the Foyle Fisheries Act (Northern Ireland) 1952 (c. 5 (N.I.)) (destruction or disposal of fish),

(f) section 10(4) (board of visitors) and section 19(1) and (2) (right to visit prison) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)),

(g) section 8(3) of the Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13 (N.I.)) (certificate authorising destruction or disposal of meat),

(h) section 47(1) and (2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (declaration of expenses at election),

(i) section 114(1) (certificate of fitness for dealer's licence) and section 181(4) (certificate of fish to be destroyed or disposed of) of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)),

(j) section 57 of the Civil Aviation Act 1982 (c. 16) (appointment and swearing in of constables),

(k) section 1(2)(c) of the Ministry of Defence Police Act 1987 (c. 4) (declaration by members of Ministry of Defence police force),

(l) Article 8(3) to (7) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7)) (condemnation of food not complying with food safety requirements),

(m) Article 19(3) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/ 426 (N.I. 1)) (declaration by airport constables),

(n) section 38(1) of the Police (Northern Ireland) Act 2000 (c. 32) (attestation of constables of Police Service of Northern Ireland),

(o) section 18(2) and (3) of the Street Trading Act (Northern Ireland) 2001 (c. 8 (N.I.)) (certificate of seized items).

Shared functions

2 (1) A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs but is also to become a function of lay magistrates.

(2) This sub-paragraph applies to--

(a) section 26(1) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (power to administer oaths),

(b) Article 56(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (affidavits for use in a county court).

Functions to be exercisable only by resident magistrates

3 (1) A function of justices of the peace or magistrates' courts under a provision to which sub-paragraph (2) applies is to be a function only of resident magistrates.

(2) This sub-paragraph applies to--

(a) Article 5(1) and (2) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs: forfeiture),

(b) Article 152 of the Magistrates' Courts (Northern Ireland) Order 1981 (S. I. 1981/1675 (N.I. 26)) (enforcement of orders after appeal),

(c) Articles 44 and 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (warrants of further detention).

Amendments: general

4 The Lord Chancellor may by order amend paragraph 1(2), 2(2) or 3(2)--

(a) by adding any provision contained in any enactment or instrument passed or made before the coming into force of this Schedule, or

(b) by removing any provision.

5 The Lord Chancellor may by order make provision amending any enactment or instrument in consequence of the provision made by section 10 or by or by virtue of the preceding provisions of this Schedule.

6 So far as may be appropriate in consequence of the provision made by section 10 or by or by virtue of this Schedule--

(a) references in any enactment or instrument to a justice of the peace (or to a justice of the peace other than a resident magistrate) may be construed as being or including a reference to a lay magistrate, and

(b) references in any enactment or instrument to a magistrates' court may be construed as a reference to a resident magistrate or a court of summary jurisdiction.

Specific amendments

7 The references to justices of the peace in sections 13, 15, 16 and 18 of the Statutory Declarations Act 1835 (c. 62) (oaths and declarations) include lay magistrates.

8 In section 5(1) of the General Dealers (Ireland) Act 1903 (c. 44) (general dealers to produce articles and books on demand of constable authorised by a justice), for "general or special authority of a justice of the peace" substitute "authority of a warrant issued by a lay magistrate".

9 In section 26(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (administration of oaths), after "upon a" insert "lay magistrate or".

10 In section 189(1) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (certificates of arrest or surrender of deserters and absentees), after "justice of the peace" insert "or (in Northern Ireland) resident magistrate".

11 In section 189(1) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (certificates of arrest or surrender of deserters and absentees), after "justice of the peace" insert "or (in Northern Ireland) resident magistrate".

12 In sections 47(2) and 110(2) of the Naval Discipline Act 1957 (c. 53) (certificates of arrest and surrender), after "justice of the peace" insert "or (in Northern Ireland) resident magistrate".

13 In section 110(2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (non-payment of compensation for unjust etc. charge of personation), for "under the hand and seal of a justice of the peace" substitute "issued by a lay magistrate".

14 In section 12A(2) of the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) (rates of allowances payable to justices of the peace), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly".

15 In section 21 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (offences during suspended sentence etc.), for subsection (2) substitute--

" (2) A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath.

(2A) Subsection (2) does not apply to a summons or warrant issued (by virtue of section 9(12) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act. "

16 The Judicature (Northern Ireland) Act 1978 (c. 23) has effect subject to the following amendments.

17 (1) Section 103 (appointment of justices of the peace) is amended as follows.

(2) In subsection (3), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly,".

(3) In subsections (4) and (5), insert at the beginning "Subject to the Justice (Northern Ireland) Act 2002,".

(4) After subsection (5) insert--

" (5A) A justice of the peace for a county court division may act as such in relation to all matters arising within that division and may so act even if at the time of acting he is in some other area of Northern Ireland. "

18 After that section insert--

" 103A Power of court of record to bind over

(1) Any court of record in Northern Ireland having a criminal jurisdiction has, as ancillary to that jurisdiction, the power--

(a) to bind over to keep the peace; or

(b) to bind over to be of good behaviour,

a person who or whose case is before the court by requiring him to enter into his own recognisances or to find sureties (or both) and committing him to prison if he does not comply.

(2) A magistrates' court is not to be regarded as a court of record for the purposes of subsection (1). "

19 In Article 84(6) of the Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19)) (judges and justices not disqualified by being ratepayers etc.), for "and a justice of the peace" substitute ", resident magistrate or lay magistrate".

20 The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) has effect subject to the following amendments.

21 In Article 2(2)(b) (meaning of "magistrates' court"), for "justice of the peace" substitute "lay magistrate".

22 (1) Article 3 (functions of justices etc.) is amended as follows.

(2) In paragraph (1)--

(a) for "justice of the peace" substitute "lay magistrate", and

(b) for "justices of the peace" substitute "lay magistrates".

(3) In paragraph (2)--

(a) for "justice of the peace other than a resident magistrate" substitute "lay magistrate", and

(b) for "justice of the peace by the commission of the peace or" substitute "lay magistrate".

23 In Article 4 (local jurisdiction of justice of the peace), for "justice of the peace" substitute "lay magistrate".

24 In Articles 5 and 6 (immunity)--

(a) for "justice of the peace" substitute "lay magistrate", and

(b) for "such a magistrate or justice" substitute "a resident magistrate or a lay magistrate".

25 In Article 6A (costs)--

(a) for "justice of the peace" (in each place) substitute "lay magistrate", and

(b) for "such a magistrate or justice" substitute "a resident magistrate or a lay magistrate".

26 In Article 7 (clerk's immunity in respect of warrant to enforce order), for "resident magistrate or other justice of the peace" substitute "magistrates' court".

27 In Article 10(1) and (1A) (defrayal of expenses)--

(a) for "or other justice of the peace" substitute ", by a lay magistrate", and

(b) for "magistrate, justice" substitute "resident magistrate, lay magistrate".

28 In Article 18(4) (procedure)--

(a) for "other justice of the peace" in the words preceding sub-paragraph (a) and in sub-paragraph (b) substitute "lay magistrate", and

(b) for "or justice of the peace" substitute "or lay magistrate".

29 In Article 42(1)(a) and (b) (reading of depositions), for "other justice of the peace" substitute "lay magistrate".

30 In Article 114(2) (warrants: postponement of issue and stay of execution), insert at the end "; but a lay magistrate sitting out of petty sessions may postpone the issue of a warrant, or stay the execution of it, only if it was issued by him or another lay magistrate."

31 In Article 126(1) (proof of service), for "other justice of the peace" substitute "lay magistrate".

32 In Article 156 (validity of documents)--

(a) for "other justice of the peace" substitute "lay magistrate", and

(b) for "magistrate, justice or clerk of petty sessions" substitute "person".

33 In Article 158(1) (execution of warrants), for "other justice of the peace" substitute "lay magistrate".

34 In Article 160(1) (misbehaviour in court), for "justice of the peace" substitute "lay magistrate".

35 In paragraph 2 of Schedule 1 (matters which may be dealt with by a justice of the peace out of petty sessions), for "justice of the peace" substitute "lay magistrate".

36 In Article 165(2) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/ 2405 (N.I. 19)) (affidavits etc.), for "justices" substitute "lay magistrates".

37 In section 244(6)(a)(ii) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (community service orders), for "justice of the peace acting for the petty sessions district for the time being specified in the order" substitute "resident magistrate".

38 In Schedule 2 to the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) (persons ineligible for jury service), after the entry relating to persons holding an office belonging to any court of justice in Northern Ireland insert--

" Lay magistrate. "

39 In section 9(5) of the Human Rights Act 1998 (c. 42) (judicial acts), in the definition of "judge", after "a justice of the peace" insert "(or, in Northern Ireland, a lay magistrate)".

40 In section 81(1) of the Regulation of Investigatory Powers Act 2000 (c. 23) (interpretation), after the definition of "interception warrant" insert--

" "justice of the peace" does not include a justice of the peace in Northern Ireland; " .

Section 12

SCHEDULE 5 Transfer of functions to Lord Chief Justice

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

1 In section 102(2) and (4) of the County Courts Act (Northern Ireland) 1959 (county court judges to sit in accordance with directions and to be assigned to divisions), for "Lord Chancellor" substitute "Lord Chief Justice".

Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))

2 In section 9(3) and (5) of the Magistrates' Courts Act (Northern Ireland) 1964 (resident magistrates to sit in accordance with directions and to be assigned to districts), for "Lord Chancellor" substitute "Lord Chief Justice".

Judicature (Northern Ireland) Act 1978 (c. 23)

3 The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

4 In section 7(1) and (2) (request to serving or retired law lord or retired judge of Court of Appeal or High Court to sit as judge of Court of Appeal or High Court and request to county court judge to sit as judge of High Court), for "Lord Chancellor" substitute "Lord Chief Justice".

5 (1) Section 47 (Crown Court: directions as to judges and sittings) is amended as follows.

(2) In subsection (2)--

(a) for "Lord Chancellor", in the first place, substitute "Lord Chief Justice", and

(b) for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".

(3) In subsection (3), for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".

6 In section 48(1)(c) (magistrates' court to have regard to directions under section 47(2) when committing person for trial), for "Lord Chancellor" substitute "Lord Chief Justice".

7 In section 53(1)(c) and (d) (membership of Crown Court Rules Committee), for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".

8 In section 58(2) (directions as to places outside Royal Courts of Justice at which High Court and Court of Appeal sit and conduct business), for "Lord Chancellor" substitute "Lord Chief Justice".

9 In section 60(1) (power to designate officer to exercise jurisdiction in relation to taxation of costs), for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".

10 In section 68(2)(b) and (4) (directions as to discharge of functions by statutory officers), for "Lord Chancellor" substitute "Lord Chief Justice".

11 In section 75(2)(b) (directions conferring or imposing functions on Official Solicitor), for "Lord Chancellor" substitute "Lord Chief Justice".

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

12 The County Courts (Northern Ireland) Order 1980 has effect subject to the following amendments.

13 In Article 4 (directions as to holding of courts), for "Lord Chancellor" substitute "Lord Chief Justice".

14 In Article 5 (directions authorising sittings otherwise than in courthouses), for "Lord Chancellor" substitute "Lord Chief Justice".

15 (1) Article 6 (appointment of days for holding of ordinary sittings) is amended as follows.

(2) In paragraph (1), for "Lord Chancellor" substitute "Lord Chief Justice".

(3) In paragraph (2), for "Lord Chancellor shall consult the Lord Chief Justice and" substitute "Lord Chief Justice shall consult".

16 In Article 7(1) and (2) (additional and extraordinary sittings), for "Lord Chancellor" substitute "Lord Chief Justice".

17 In Article 46(1)(a) (chairman of County Court Rules Committee) (as substituted by section 73 of this Act), for "Lord Chancellor" substitute "Lord Chief Justice".

18 In Article 56(1) (swearing of affidavits before designated court officer), for "Lord Chancellor" substitute "Lord Chief Justice".

19 In Article 58 (furnishing of information by certain officers), insert at the end "and furnish to the Lord Chief Justice such information as may be prescribed or required by the Lord Chief Justice."

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

20 The Magistrates' Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

21 In Article 12(a) (petty sessions to be held in courthouse unless otherwise directed), for "Lord Chancellor" substitute "Lord Chief Justice".

22 (1) Article 13 (Magistrates' Courts Rules) is amended as follows.

(2) In paragraph (2), for "Lord Chancellor" substitute "Lord Chief Justice".

(3) In paragraph (5), after "member of the committee" insert "as the Lord Chief Justice shall designate."

23 In Article 15(2) (assignment of matters to juvenile courts by rules), for "Lord Chancellor" substitute "Lord Chief Justice".

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

24 (1) Article 360 of the Insolvency (Northern Ireland) Order 1989 (committee to review insolvency rules) is amended as follows.

(2) In paragraph (1), for "continue to be a committee appointed by the Lord Chancellor" substitute "be a committee appointed by the Lord Chief Justice".

(3) In paragraph (2)(f), for "Lord Chancellor" substitute "Lord Chief Justice".

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

25 (1) Paragraph 2 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (Northern Ireland Family Proceedings Rules Committee) is amended as follows.

(2) In sub-paragraph (c), for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".

(3) In sub-paragraph (f), for "Lord Chancellor" substitute "Lord Chief Justice".

Section 19

SCHEDULE 6 Office-holders required to take judicial oath

Lord Chief Justice
Lord Justice of Appeal
Judge of the High Court
Temporary judge of the High Court under section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23)
County court judge
Deputy county court judge
Resident magistrate
Deputy resident magistrate
Coroner
Deputy coroner
Statutory officer (within the meaning of section 70(1) of the Judicature (Northern Ireland) Act 1978)
Deputy for a statutory officer under section 74 of that Act
Temporary additional statutory officer under that section
Chief Social Security Commissioner for Northern Ireland
Social Security Commissioner for Northern Ireland
Deputy Social Security Commissioner for Northern Ireland
Chief Child Support Commissioner for Northern Ireland
Child Support Commissioner for Northern Ireland
Deputy Child Support Commissioner for Northern Ireland
President of appeal tribunals (within the meaning of Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)))
Member of the panel of persons to act as members of such appeal tribunals
Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland
President of the Industrial Tribunals and the Fair Employment Tribunal
Acting President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 12))
Vice-President of the Industrial Tribunals and the Fair Employment Tribunal
Acting Vice-President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998
Member of the panel of chairmen of the Fair Employment Tribunal
President of the Lands Tribunal for Northern Ireland
Deputy President of the Lands Tribunal for Northern Ireland under section 3(1) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
Other member of the Lands Tribunal for Northern Ireland
Temporary member of the Lands Tribunal for Northern Ireland under section 3(2) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964
President of the Special Educational Needs Tribunal for Northern Ireland
Member of the panel of persons who may serve as chairman of that Tribunal
Member of the tribunal established under section 91 of the Northern Ireland Act 1998 (c. 47)
Member of the Mental Health Review Tribunal for Northern Ireland
Lay magistrate
Justice of the Peace
Member of a panel of persons formed under Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

Section 28

SCHEDULE 7 Functions of Advocate General

Assembly Bills

1 (1) The Northern Ireland Act 1998 has effect subject to the following amendments.

(2) In section 11(1) (power of Attorney General for Northern Ireland to refer question whether Bill would be within legislative competence of Northern Ireland Assembly), after "The" insert "Advocate General for Northern Ireland or the".

(3) In section 12(2) (procedure where Assembly wishes to reconsider Bill referred to European Court of Justice)--

(a) in paragraph (a), for "Attorney General for Northern Ireland and the Attorney General" substitute "Advocate General for Northern Ireland and the Attorney General for Northern Ireland", and

(b) in paragraph (b), for "Attorney General for Northern Ireland shall request the withdrawal of the reference under section 11" substitute "person who made the reference in relation to the Bill under section 11 shall request the withdrawal of the reference".

(4) In section 14(2)(a) (no submission for Royal Assent where Attorney General for Northern Ireland entitled to make a reference under section 11), insert at the beginning "the Advocate General for Northern Ireland or".

Devolution issues

2 (1) Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows.

(2) In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)--

(a) in sub-paragraph (1), for "or defended by the Attorney General" substitute "by the Advocate General for Northern Ireland", and

(b) in sub-paragraph (2), for "First Minister and the deputy First Minister acting jointly" substitute "Attorney General for Northern Ireland" and insert at the end "instituted by the Advocate General for Northern Ireland".

(3) In paragraph 5 (notice of such proceedings), for "Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister" substitute "Advocate General for Northern Ireland and the Attorney General for Northern Ireland".

(4) In paragraph 13 (notice), for ", the Attorney General for Northern Ireland, the First Minister and the deputy First Minister" substitute "and the Attorney General for Northern Ireland".

(5) In paragraph 23 (intimation), for ", the Attorney General for Northern Ireland, the First Minister and the deputy First Minister" substitute "and the Attorney General for Northern Ireland".

(6) In paragraphs 33 and 34 (direct references to Judicial Committee), for "the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly" substitute "the Advocate General for Northern Ireland, the Attorney General for Northern Ireland".

(7) In paragraph 35(4) (no exercise of function pending decision on reference), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

3 In Schedule 8 to the Government of Wales Act 1998 (c. 38) (devolution issues: National Assembly for Wales), in--

(a) paragraph 23(1) (institution of proceedings of determination of devolution issues in Northern Ireland),

(b) paragraph 24(1) (notice of such proceedings), and

for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

4 In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in--

(a) paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),

(b) paragraph 26 (notice of such proceedings), and

for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

Human rights

5 In section 71(2) of the Northern Ireland Act 1998 (c. 47) (law officers able to rely on Convention rights under that Act even though not victim), after "to the Attorney General," insert "the Advocate General for Northern Ireland,".

6 In section 107(3) of the Government of Wales Act 1998 (c. 38) (similar provision in relation to that Act), after "Advocate General for Scotland" insert ", the Advocate General for Northern Ireland".

7 In section 100(2) of the Scotland Act 1998 (similar provision in relation to that Act), after ", the Attorney General" insert ", the Advocate General for Northern Ireland".

Varying retrospective decisions

8 In section 81(7) of the Northern Ireland Act 1998 (notice of intention to vary retrospective decision to be given to the appropriate authority), for "First Minister and the deputy First Minister" substitute "Advocate General for Northern Ireland and".

9 In section 110(8) of the Government of Wales Act 1998 (notice to be given to the relevant law officer), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

10 In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

Suspension of devolved government

11 (1) Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows.

(2) In sub-paragraph (1), after paragraph (c) insert--

" (ca) any functions of the Attorney General for Northern Ireland may be discharged by the Advocate General for Northern Ireland; " .

(3) In sub-paragraph (2)--

(a) after "Minister" insert "or the Attorney General for Northern Ireland", and

(b) after "Secretary of State" insert ", the Advocate General for Northern Ireland".

(4) In sub-paragraphs (3), (5) and (6), after "Minister" insert "or the Attorney General for Northern Ireland".

Acting as Attorney General for Northern Ireland during vacancy

12 The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland about any arrangements they propose to make for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.

Consultation about appointment of Attorney General for Northern Ireland

13 The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland before appointing a person to be Attorney General for Northern Ireland.

Crown Solicitor

14 (1) Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows.

(2) In subsection (1), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland".

(3) In subsection (2), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

Chief Inspector of Criminal Justice

15 Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.

16 (1) Section 47 (functions: consultation and consent requirements etc.) is amended as follows.

(2) In subsection (1), after "Secretary of State" insert ", the Advocate General for Northern Ireland".

(3) In subsection (2), after "Secretary of State," insert--

" (aa) the Advocate General for Northern Ireland, " .

(4) In subsection (5), after "consent of" insert "the Advocate General for Northern Ireland and".

17 In section 49(5) (copies of reports relating to Public Prosecution Service), after "copy of it to" insert "the Advocate General for Northern Ireland and".

Life sentence prisoners' representatives

18 In paragraph 6(2) of Schedule 2 to the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (appointment of person to represent interests of prisoner serving life sentence before Life Sentence Review Commissioners), for "Attorney General" substitute "Advocate General for Northern Ireland".

Special advocates

19 In section 91(7) of the Northern Ireland Act 1998 (c. 47) (appointment of person to represent interests of party to proceedings before Tribunal under that section), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

20 In paragraph 7(2) of Schedule 2 to the Northern Ireland (Sentences) Act 1998 (c. 35) (appointment of person to represent prisoner's interests in proceedings of Sentence Review Commissioners from which he and his representative are excluded), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

Scheduled offences

21 The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.

22 In section 72(2)(b) (regulations providing for time limits to cease to have effect where Attorney General for Northern Ireland certifies that offence is not to be treated as scheduled offence), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

23 In Schedule 9 (certification that offence is not scheduled offence), in Notes 1 and 2 in Part 1, and in the Note in Part 3, for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

Consent to prosecution

24 In section 12 of the Official Secrets Act 1911 (c. 28) (construction of references to Attorney General), for "Attorney-General for Ireland" substitute "Advocate General for Northern Ireland".

25 In section 6(5) of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (proceedings for offences under that Act), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

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