UKPGA-2002-26 Justice (Northern Ireland) Act 2002 UK

The following persons must uphold the continued independence of the judiciary—

The following particular duty is imposed for the purpose of upholding that independence.

The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.

In this section “the judiciary” includes the judiciary of any of the following—

In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

Sections 3 to 8 make provision about appointment to and removal from—

The Lord Chancellor may by order amend Schedule 1 by—

No order under subsection (2) may be made without the agreement of the Lord Chief Justice.

An order under subsection (2) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

In this Act—...“listed judicial office” means an office listed in Schedule 1, and“protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.

There is to be a body corporate known as the Northern Ireland Judicial Appointments Commission.

The Commission is to consist of—

Schedule 2 makes further provision about the Commission.

The Lord Chief Justice is to be the chairman of the Commission; but for any time during which—the senior Lord Justice of Appeal who is available is to act as the chairman (whether or not he is already a member).

The following are to be appointed as the other members—and a reference in Schedule 2 to a non-judicial member is to a member who is either a legal profession member or a lay member.

The judicial members are to be—

A person may not be appointed to be a lay member unless he has declared in writing his commitment to non-violence and exclusively peaceful and democratic means.

It is the duty of—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.

Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under Schedule 3.

A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

But nothing in this section authorises the making of a disclosure—

This section does not affect a power to disclose which exists apart from this section.

The following are permitted persons—

The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.

In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

A person holding a listed judicial office may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.

The power to remove or suspend him is exercisable by the Lord Chief Justice.

He may only be removed if a tribunal convened under section 8 has reported to the Lord Chief Justice recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Lord Chief Justice that he be suspended.

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If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

If the Lord Chief Justice does not remove or suspend a person (“P”) in accordance with a recommendation as mentioned in subsection (3) or (4), the Lord Chief Justice must notify the following of the Lord Chief Justice's reasons for not removing or suspending P—

Nothing in subsections (1) to (6A) applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see section 12C of the Judicature (Northern Ireland) Act 1978 (c. 23) ...).

But, subject to that, those subsections apply whatever the date of a person’s appointment.

A tribunal to consider the removal of the holder of a listed judicial office may be convened—

A tribunal is to consist of—

The persons within subsection (2)(a) and (b) are to be selected by the Lord Chief Justice and the person within subsection (2)(c) is to be selected by the Ombudsman.

Unless the Commission otherwise agrees, the persons within subsection (2)(a) and (b) must be judicial members of the Commission (see section 3(5)(a)).

The person within subsection (2)(a) is to be the chair of the tribunal.

The tribunal's procedure is to be determined by the Lord Chief Justice.

The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

There is to be a Northern Ireland Judicial Appointments Ombudsman.

The Northern Ireland Public Services Ombudsman is, by virtue of holding that office, the Northern Ireland Judicial Appointments Ombudsman.

Schedule 3A makes further provision about the Ombudsman.

This section applies for the purposes of this Part.

A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor... in connection with any of the following—

A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part or paragraph 2A of Schedule 11 to the Northern Ireland Act 1998, by the maladministration complained of.

The Commission must make arrangements for investigating any Commission complaint made to it.

The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

Subsections (2) and (3) apply to a complaint which the complainant—

If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

Otherwise he must investigate the complaint.

The Ombudsman may investigate a complaint which the complainant—

The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.

A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

Any complaint to the Ombudsman under this section must be in a form approved by him.

The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

The report must state—

The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

This section applies to a report under section 9E.

The Ombudsman must submit a draft of the report—

In finalising the report the Ombudsman—

The report must be signed by the Ombudsman.

If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the First Minister and deputy First Minister and to the Commission.

Otherwise the Ombudsman must send the report to the Lord Chancellor.

The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

These are the relevant provisions—

Information is confidential if it relates to an identified or identifiable individual (a “subject”).

Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

An opinion or other information given by one identified or identifiable individual (A) about another (B)—

This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

But it is actionable only at the suit of a person who is a subject of the information.

Subject as follows, the functions of justices of the peace (including their functions as members of a court) are transferred to lay magistrates.

A lay magistrate sitting out of petty sessions may not exercise any function conferred or imposed on a magistrates’ court in relation to the conduct of proceedings for an offence, apart from a function to which subsection (3) applies.

This subsection applies to —

The Lord Chancellor may, after consultation with the Lord Chief Justice, by order amend subsection (3).

Subsection (1) is subject to paragraphs 1 to 3 of Schedule 4 which specify functions which are to remain functions of justices of the peace (instead of, or as well as, becoming functions of lay magistrates) or to become functions only of resident magistrates.

Schedule 4 also contains amendments consequential on this section.

In this section references to a function are to a function conferred or imposed by an enactment or instrument passed or made before the time when this section comes into force (including a function conferred or imposed by a provision not in force at that time).

In paragraph 3(1) of Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (composition of juvenile courts), for “persons selected from one or more of the panels mentioned in sub-paragraph (2)” substitute“ lay magistrates for the county court division which includes the petty sessions district or districts for which the court acts or any other county court division which adjoins that county court division ”.

In section 178 of that Act (assessors for county court in appeals from juvenile courts)—

In Article 165(2)(i) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (rules of court: discharge of functions of court of summary jurisdiction by member of juvenile court panel), for “member of a juvenile court panel” substitute“ lay magistrate ”.

The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.

As President of the Courts of Northern Ireland he is responsible—

The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.

The courts are—the Court of Appeal the High Court the Crown Court the county courts the magistrates' courts. the coroners' courts

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After section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) insert—

The Lord Chief Justice may delegate any of his functions relating to county courts to the Presiding county court judge.

The Lord Chief Justice must appoint one of the resident magistrates to be the Presiding resident magistrate with responsibility for the magistrates’ courts, the other resident magistrates and the deputy resident magistrates.

The person appointed as Presiding resident magistrate holds that office in accordance with the terms of his appointment.

If the office of Presiding resident magistrate becomes vacant, the Lord Chief Justice may appoint a resident magistrate to act as Presiding resident magistrate, pending a new appointment.

The Lord Chief Justice may delegate any of his functions relating to magistrates’ courts to the Presiding resident magistrate.

The Lord Chief Justice must appoint one of the lay magistrates to be the Presiding lay magistrate with responsibility for the other lay magistrates.

The person appointed as Presiding lay magistrate holds that office in accordance with the terms of his appointment.

If the office of Presiding lay magistrate becomes vacant, the Lord Chief Justice may appoint a lay magistrate to act as Presiding lay magistrate, pending a new appointment.

The Lord Chief Justice must prepare a code of practice relating to the handling of complaints against any person who holds a protected judicial office.

The code must include provision for any complaints appearing to the Lord Chief Justice—to be referred to a tribunal for it to provide advice about any steps which should be taken to deal with the complaint.

The Lord Chief Justice may from time to time prepare a new code or make alterations to a code.

The Lord Chief Justice must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).

In Schedule 3 to the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to statutory offices), omit the entries relating to the Principal Secretary to the Lord Chief Justice and the Legal Secretary to the Lord Chief Justice.

In section 53(2) of that Act (secretary to Crown Court Rules Committee), for the words from “secretary to” to “such secretary” substitute “ joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor ”.

In section 54(5) of that Act (joint secretaries to Court of Judicature Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”

In paragraph 6 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)) (joint secretaries to Northern Ireland Family Proceedings Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”

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In section 7(1)(a) of the Judicature (Northern Ireland) Act 1978 (c. 23) (further assistance for transaction of business of High Court or Court of Appeal by Lord of Appeal in Ordinary), for “had practised for not less than ten years at the Bar of Northern Ireland” substitute “ was a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court, of at least ten years’ standing ”.

For section 9 of that Act (qualification for appointment as judge of High Court or Court of Appeal) substitute—

In section 103(1) of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) (qualification for appointment as county court judge), for the words after “unless” substitute

In section 107(1) of that Act (qualification for appointment as deputy county court judge), for the words after “deputy judge” substitute

In section 9(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) (qualification for appointment as resident magistrate), for the words after “appointments” substitute

In section 2(3) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) (qualification for appointment as coroner), for the words after “unless” substitute

In section 70(2) of the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to offices in Schedule 3), for the words after “unless” substitute

In Schedule 3 to that Act, in each of the entries relating to a Master . . . , in column 3 (number of years’ standing), for “10” substitute “ 7 ”.

In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), after subsection (1) insert—

Every person appointed to an office specified in Schedule 6 must, before undertaking any functions of the office, either—

The oath is—

The affirmation and declaration is—

The Lord Chancellor may by order amend Schedule 6 by—

An order under subsection (4) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

Article 40 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) (power to extend judicial pension schemes in connection with pension credits) is amended as follows.

In paragraph (2), after sub-paragraph (g) insert—

In paragraph (3)(a)—

In paragraph (4)(a), for “(2)(a) to (c), (f) and (g)” substitute “ (2)(a), (b), (c), (f), (g), (h) or (i) ”.

The Attorney General for England and Wales shall no longer be Attorney General for Northern Ireland.

The First Minister and deputy First Minister, acting jointly, must appoint a person to be Attorney General for Northern Ireland.

The Attorney General for Northern Ireland is to be funded by the First Minister and deputy First Minister, acting jointly.

The Attorney General for Northern Ireland may appoint staff, but subject to the approval of the First Minister and deputy First Minister as to—

The functions of the Attorney General for Northern Ireland shall be exercised by him independently of any other person.

A person is not qualified for appointment as Attorney General for Northern Ireland unless he is—

The First Minister and deputy First Minister, acting jointly, must make arrangements for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.

Subject as follows, the Attorney General for Northern Ireland holds office in accordance with the terms of his appointment (or re-appointment).

A person may not be appointed as the Attorney General for Northern Ireland for more than five years at a time.

The Attorney General for Northern Ireland may resign by notice in writing to the Office of the First Minister and deputy First Minister.

The First Minister and deputy First Minister, acting jointly, must pay to or in respect of the Attorney General for Northern Ireland any such salary or allowances as they may determine.

Section 48 of the Northern Ireland Act 1998 (c. 47) (pensions) applies in relation to a person who has ceased to be the Attorney General for Northern Ireland.

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

The Attorney General for Northern Ireland is disqualified from being elected to, or being a member of, a district council in Northern Ireland.

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 Attorney General for Northern Ireland—

If the Attorney General for Northern Ireland is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

A tribunal may be convened by the First Minister and deputy First Minister, acting jointly.

A tribunal is to consist of—

The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor after consultation with all of the following—

The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4).

The procedure of a tribunal is to be determined by its chairman.

The First Minister and deputy First Minister, acting jointly, may pay to a member of a tribunal any such allowances or fees as they may determine.

The Attorney General for Northern Ireland may participate in the proceedings of the Assembly to the extent permitted by its standing orders but he may not vote in the Assembly.

The Assembly’s standing orders may in other respects provide that they are to apply to the Attorney General of Northern Ireland as if he were a member of the Assembly.

The Attorney General for Northern Ireland may, in any proceedings of the Assembly, decline to answer any question or produce any document relating to the operation of the system of prosecution of offences in any particular case if he considers that answering the question or producing the document—

Section 43 of the Northern Ireland Act 1998 (c. 47) (interests of members of Assembly) applies to the Attorney General for Northern Ireland as if he were a member of the Assembly.

The Attorney General for Northern Ireland must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

The Attorney General for Northern Ireland must send a copy of each annual report of his to the Office of the First Minister and deputy First Minister.

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 subsection (2).

After a copy of an annual report has been laid in accordance with subsection (3), the First Minister and deputy First Minister, acting jointly, must arrange for the annual report to be published.

But the First Minister and deputy First Minister, acting jointly, may exclude a part of an annual report from the copy laid or published if, in their opinion, the laying or publication of the part—

If the First Minister and deputy First Minister exclude a part of an annual report from laying or publication, they must lay or publish with the annual report a statement that it has been excluded.

“Financial year” means—

After the coming into force of section 22(1), the Attorney General for England and Wales shall, by virtue of that office, also be Advocate General for Northern Ireland.

In section 2 of the Law Officers Act 1997 (c. 60) (exercise of functions of Attorney General for Northern Ireland by Solicitor General)—

The Advocate General for Northern Ireland and the Solicitor General for England and Wales shall have in Northern Ireland the same rights of audience as members of the Bar of Northern Ireland.

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), after paragraph 21 insert—

Schedule 7 makes provision about the functions of the Advocate General for Northern Ireland.

The Secretary of State may by order make amendments in any enactment or instrument (whenever passed or made) for, or in connection with, the transfer to the Advocate General for Northern Ireland of a function of the Attorney General for Northern Ireland of giving consent to the institution or conduct of criminal proceedings (whether or not as an alternative to the consent of any other person).

There is to be a prosecuting service for Northern Ireland known as the Public Prosecution Service for Northern Ireland.

The Service is to consist of—

The Service is to be funded out of money appropriated for that purpose by Act of the Northern Ireland Assembly.

The Director may appoint staff of the Service, but subject to the approval of the Department of Finance and Personnel as to—

The Director may designate any member of staff of the Service who is—and any person designated under this subsection is to be known as a Public Prosecutor.

The Director is head of the Service; and the Deputy Director and the Public Prosecutors and the other members of staff of the Service are subject to his direction and control.

The Director and Deputy Director (if barristers) and Public Prosecutors designated under subsection (5)(a) are not prevented from—by not having been instructed by a solicitor.

The Director may set up and maintain such offices, in such places in Northern Ireland, as he considers appropriate for the exercise of his functions.

The Attorney General for Northern Ireland must—

A person is not qualified for appointment as Director unless he is—

A person is not qualified for appointment as Deputy Director unless he is—

The Deputy Director has all the powers of the Director but must exercise them subject to his direction and control.

A person appointed as Director or Deputy Director holds office until the end of the year of service in which he attains the age of 65 or such later time as the Attorney General for Northern Ireland may specify.

But the Director and Deputy Director—

If the office of Director is vacant or the Director is not available to exercise his functions, the Deputy Director has all the functions of the Director.

If the office of Deputy Director becomes vacant, the Attorney General for Northern Ireland may appoint a member of staff of the Service to act as Deputy Director, on such terms as to tenure as the Attorney General for Northern Ireland determines, pending a new appointment.

There is to be paid (out of money appropriated as mentioned in section 29(3)) to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such—as the Department of Finance and Personnel may determine.

The Director is not required to give security with respect to any proceedings; and no order may be made by any court requiring security to be given to the Director with respect to any proceedings.

The Director (and the Deputy Director and members of staff of the Service) may not be required in any proceedings of the Assembly to answer any question or produce any document relating to a matter other than the finances and administration of the Service.

The Director of Public Prosecutions for Northern Ireland is a corporation sole.

The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.

An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.

The Director must take over the conduct of all criminal proceedings which are instituted in Northern Ireland on behalf of any police force (whether by a member of that force or any other person).

The Director must take over conduct of all criminal proceedings which are instituted in Northern Ireland by the ICRIR.

The Director may institute, and have the conduct of, criminal proceedings in any other case where it appears appropriate for him to do so.

This section does not preclude any person other than the Director from—

The Director may at any stage take over the conduct of any criminal proceedings which are instituted in circumstances in which he is not under a duty to take over their conduct, other than any proceedings of which the Director of the Serious Fraud Office has conduct.

The Director must give to police forces and to the ICRIR such advice as appears to him appropriate on matters relating to the prosecution of offences.

“Police force” means—

In this section “ICRIR” means the Independent Commission for Reconciliation and Information Recovery.

The Director may have the conduct of any extradition proceedings in Northern Ireland.

The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.

Where the Director has the conduct of proceedings in relation to an offence against a person, he may discontinue the proceedings (without the leave of any court) at any time before the person has appeared or been brought before a court in connection with the offence.

Where proceedings against a person in relation to an offence are discontinued under subsection (1), the Director must inform—that the proceedings have been discontinued.

Where proceedings against a person in relation to an offence are discontinued under subsection (1)—

The discontinuance under subsection (1) of proceedings against a person in relation to an offence does not prevent the subsequent institution of proceedings against him in relation to the offence (or any other offence).

A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence the Director, the Deputy Director or a Public Prosecutor in any decision as to whether to institute or continue criminal proceedings.

A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence a barrister or solicitor to whom the Director has under section 36(2) assigned the institution or conduct of any criminal proceedings in any decision as to whether to institute or continue those proceedings.

A person guilty of an offence under this section is liable—

Proceedings for an offence under this section shall not be instituted without the consent of the Director.

This section has effect in relation to every provision requiring the giving of consent by the Director (whether or not as an alternative to the consent of any other person) to the institution or conduct of criminal proceedings (“a consent provision”).

A consent provision is deemed to be complied with if the consent is produced to the court—

For the purposes of a consent provision it is sufficient—

A consent required by a consent provision may be amended at any time before the arraignment of the accused person, or before his plea is taken.

And if at any subsequent stage of a trial it appears to the court that the consent is defective, the court may afford the person giving the consent the opportunity of making such amendments as the court may think necessary if the court is satisfied that such amendments can be made without injustice to the accused person.

Any document purporting—is admissible as prima facie evidence without further proof.

Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) (Police Ombudsman for Northern Ireland) is amended as follows.

In section 50(1) (interpretation), after the definition of “complainant” insert—.

In section 52 (complaints: receipt and initial classification), in subsections (1)(b), (6) and (7), after “Board” insert “ , the Director ”.

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Where a person is committed for trial, the clerk of the court to which he is committed must send, or cause to be sent, to the Director without delay—

Where a complaint has been made before a resident magistrate, a lay magistrate or a clerk of petty sessions, he must (whether or not proceedings have been taken on it) cause to be sent to the Director, on being requested by the Director to do so, copies of all documents in his custody which are connected with the complaint.

Where the circumstances of any death which has been, or is being, investigated by a coroner appear to the coroner to disclose that an offence may have been committed against the law of Northern Ireland or the law of any other country or territory, the coroner must as soon as practicable send to the Director a written report of the circumstances.

The Chief Constable of the Police Service of Northern Ireland must give to the Director information about offences alleged to have been committed against the law of Northern Ireland which are of any description specified by the Director.

The Chief Constable of the Police Service of Northern Ireland must, at the request of the Director, ascertain and give to the Director—

The Director may delegate any of his powers (to such extent as he determines) to—

The Director may at any time appoint a person who is not a member of staff of the Service but who is a barrister or solicitor in Northern Ireland to institute or take over the conduct of criminal proceedings or extradition proceedings assigned to him by the Director.

A person conducting proceedings assigned to him under subsection (2) has all the powers of a Public Prosecutor but must exercise them subject to any instructions given to him by a Public Prosecutor.

The Director must prepare a code of practice for—

The code must include a code of ethics laying down standards of conduct and practice.

The code must also give guidance on general principles to be applied—

The Director may from time to time prepare a new code or make alterations to a code.

In preparing or making alterations to a code the Director must be guided by the general principles of the Guidelines on the Role of Prosecutors adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana between 27th August and 7th September 1990.

In preparing or making alterations to a code the Director must also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004.

The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).

Section 75 (duty on public authorities to have regard to need to promote equality of opportunity and good relations between different groups) and section 76 (discrimination by public authorities) of the Northern Ireland Act 1998 (c. 47) are amended as follows.

In subsection (3) of section 75, after paragraph (cc) insert—.

After subsection (4) of that section insert—

In subsection (7) of section 76, after paragraph (e) insert—.

After that subsection insert—

The Director must, as soon as possible after the end of each financial year, prepare a report (an “annual report”) on how he has exercised his functions during the financial year.

The provisions of a code of practice for Public Prosecutors must be set out in the Director’s annual report for the financial year in which the code is issued; and any alterations to the code must be set out in his annual report for the financial year in which the alterations are made.

The Attorney General for Northern Ireland must arrange for each annual report of the Director to be published.

But the Attorney General for Northern Ireland may exclude a part of an annual report from the copy to be published if, in his opinion, the publication of the part—

If the Attorney General for Northern Ireland excludes a part of an annual report from publication, he must publish with the annual report a statement that it has been excluded.

“Financial year” means—

This section applies for so long as the Attorney General for England and Wales is Attorney General for Northern Ireland.

The Director must exercise his functions under the superintendence of the Attorney General for Northern Ireland and is subject to any directions given by him; but a failure to comply with this subsection does not affect the validity of anything done by or on behalf of the Director.

The Attorney General for Northern Ireland may remove the Director or Deputy Director from office on the ground of misbehaviour or inability to perform the functions of the office.

This section and sections 42 and 43 apply once the Attorney General for Northern Ireland is a person appointed under section 22(2).

Any function of the Attorney General for Northern Ireland of consenting to the institution or conduct of criminal proceedings is transferred to the Director (but subject to Schedule 7).

The function of the Attorney General for Northern Ireland of entering a nolle prosequi is transferred to the Director.

The Attorney General for Northern Ireland may not present, or direct the presentation of, an indictment against a person charging him with an offence.

In section 36(9)(a) of the Criminal Justice Act 1988 (c. 33) (reference to Court of Appeal of unduly lenient sentences), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.

In section 15 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (reference to Court of Appeal of point of law following acquittal on indictment), for “Attorney General for Northern Ireland” (in both places) substitute “ Director of Public Prosecutions for Northern Ireland ”.

The functions of the Director shall be exercised by him independently of any other person.

The Director must consult the Attorney General for Northern Ireland and the Advocate General for Northern Ireland—

The Attorney General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Attorney General for Northern Ireland is accountable to the Assembly.

The Advocate General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Advocate General for Northern Ireland is accountable to Parliament.

The Director must send a copy of each annual report prepared by him to—

The Attorney General for Northern Ireland must lay before the Assembly a copy of each annual report received by him under subsection (5); and the Advocate General for Northern Ireland must lay before each House of Parliament a copy of each annual report so received by him.

If a part of an annual report is excluded from publication under section 39(4)—

The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director.

The Director or Deputy Director—

If the Director or Deputy Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland.

A tribunal is to consist of—

The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor after consultation with all of the following—

The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5).

The procedure of a tribunal is to be determined by its chairman.

The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.

For the purposes of this Part proceedings in relation to an offence are instituted—

Where the application of subsection (1) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times.

Where proceedings are instituted on the making of a complaint under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), section 31(1) does not require the Director to do anything until the summons or warrant issued under that Article has been served or executed.

For the purposes of this Part references to the conduct of any proceedings include discontinuing the proceedings and the taking of any steps which may be taken in relation to the proceedings (including making representations on appeals or applications for judicial review or in bail applications).

For the purposes of this Part binding over proceedings shall be taken to be criminal proceedings.

“Binding over proceedings” means any proceedings instituted (whether by way of complaint under Article 127 of the Magistrates’ Courts (Northern Ireland) Order 1981 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognisance to keep the peace or to be of good behaviour.

For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.

There is to be an office of Chief Inspector of Criminal Justice in Northern Ireland.

The Department of Justice must appoint a person to be the Chief Inspector.

Schedule 8 makes further provision about the Chief Inspector.

The Chief Inspector must carry out inspections of the following organisations—

But the Chief Inspector must not carry out inspections of an organisation if he is satisfied that the organisation is subject to adequate inspection by someone other than him.

An inspection of an organisation carried out by the Chief Inspector may cover any institution provided or managed by the organisation.

An inspection of the National Crime Agency carried out by the Chief Inspector may cover only the exercise of functions of that Agency in Northern Ireland.

An inspection carried out by the Chief Inspector of an organisation providing juvenile justice centres or attendance centres (other than the Youth Justice Agency) may cover only activities relating to the juvenile justice centres or attendance centres.

An inspection carried out by the Chief Inspector of ... a Health and Social Services trust may cover only activities relating to the keeping of children in secure accommodation under custody care orders.

The Department of Justice may by order amend subsection (1) by—

An order under subsection (6) may make appropriate consequential amendments in this section or in any other enactment or any instrument (whenever passed or made).

The Chief Inspector must from time to time, after consultation with the Department of Justice , the Advocate General for Northern Ireland ... and the Attorney General for Northern Ireland, prepare a programme specifying the inspections which he proposes to carry out under section 46.

The Chief Inspector must consult the Secretary of State if—

The Chief Inspector must consult the Secretary of State if the Chief Inspector proposes to specify an inspection programme under subsection (1) which includes an inspection of the National Crime Agency.

The Chief Inspector must send a copy of each programme prepared under subsection (1) to—

The Department of Justice may require the Chief Inspector to carry out an inspection of an organisation specified in section 46.

The Department of Justice may require the Chief Inspector to carry out a review of any matter relating to the criminal justice system in Northern Ireland (apart from a matter relating to a court or tribunal).

The Department of Justice must consult the Secretary of State before requiring the Chief Inspector to carry out an inspection under subsection (3) of the National Crime Agency.

The Department of Justice may not require the Chief Inspector to carry out an inspection or review under subsection (3) or (4) relating (wholly or partly) to the Public Prosecution Service for Northern Ireland without the consent of the Advocate General for Northern Ireland and the Attorney General for Northern Ireland.

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The Chief Inspector may not—

The Chief Inspector may not inspect persons—

The Department of Justice may require the Chief Inspector to provide advice in relation to an organisation specified in section 46.

A person involved in the carrying out of an inspection or review by the Chief Inspector may, on showing evidence of his authority (if required to do so), enter any premises at any reasonable hour for the purposes of the inspection or review.

Such a person may, for the purposes of the inspection or review, require—

A person commits an offence if—

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

“Document” includes anything in which information is stored in electronic or any other form; and, in relation to anything containing information in electronic form, references to production or making available are to production or making available in a form in which the information is readily intelligible.

The Chief Inspector must report to the Department of Justice on each inspection and review carried out by the Chief Inspector.

In this section “protected information” means information the inclusion of which in a report under subsection (1) would be against the public interest on the ground of national security.

If it appears to the Secretary of State that—the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State or, if the report is not completed when the requirement is imposed, to refer the report once it is completed.

The Secretary of State must, within—notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.

If it appears to the Chief Inspector that a report in compliance with subsection (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under subsection (1B), the Chief Inspector must refer the report to the Secretary of State.

The Secretary of State must, within—notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.

Where the Secretary of State has required a report to be referred to him under subsection (1B), or the Chief Inspector is required to refer a report to the Secretary of State under subsection (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—

Where the Secretary of State informs the Chief Inspector under subsection (1C) or (1E) that, in the opinion of the Secretary of State, a report contains protected information—

When the Chief Inspector sends a report to the Department of Justice under subsection (1) from which information has been excluded under subsection (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.

Where a report is received by the Department of Justice under subsection (1), the Department must—

But the Department of Justice may exclude a part of a report from the copy so laid or published if, in the opinion of the Department, the laying or publication of the part—

If the Department of Justice excludes a part of a report from laying or publication, the Department must lay or publish with the report a statement that it has been excluded.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

If a report relates (wholly or partly) to the Public Prosecution Service for Northern Ireland, the Chief Inspector must send a copy of it to the Advocate General for Northern Ireland and the Attorney General for Northern Ireland.

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There is to be a body corporate known as the Northern Ireland Law Commission.

The Commission is to consist of—appointed by the Department of Justice.

The chairman is to be a person who holds the office of judge of the High Court.

Of the other Commissioners—

Before appointing a person to be a Commissioner the Department of Justice must consult—

In appointing persons to be Commissioners, the Department of Justice must so far as possible secure that the Commissioners (taken together) are representative of the community in Northern Ireland.

Schedule 9 makes further provision about the Commission.

The Commission must keep under review the law of Northern Ireland with a view to its systematic development and reform, including in particular by—and generally by simplifying and modernising it.

For that purpose the Commission must—

Before approving any programme prepared by the Commission, the Department of Justice must consult—

Before approving any programme prepared by the Commission that includes—the Department of Justice must consult the Secretary of State.

For the purposes of subsection (3A) “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.

In performing its duties the Commission must consult—

The Commission must make an annual report on how it has performed its duties.

The Commission must send to the Department of Justice a copy of—

The Department of Justice must lay before the Northern Ireland Assembly a copy of each document received by it under subsection (1).

The Commission must send to the Secretary of State a copy of—

The Secretary of State must lay before each House of Parliament a copy of each document received by the Secretary of State under subsection (3).

After a copy of a document has been—the Commission must arrange for the document to be published.

In this section “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a copy of a document as it applies in relation to the laying of a statutory document under an enactment.

The principal aim of the youth justice system is to protect the public by preventing offending by children.

All persons and bodies exercising functions in relation to the youth justice system must have regard to that principal aim in exercising their functions, with a view (in particular) to encouraging children to recognise the effects of crime and to take responsibility for their actions.

But all such persons and bodies must also—

“Youth justice system” means the system of criminal justice in so far as it relates to children.

“Offending” includes re-offending.

“Children” means persons who are under the age of 18.

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) has effect subject to the following amendments.

After Article 28 insert—

After Article 35 insert—

Schedule 11 makes amendments of enactments and instruments for extending the youth justice system to 17 year olds.

The Department of Justice may by order make provision amending any other enactments or instruments (whenever passed or made) for, or in connection with, extending the youth justice system to 17 year olds.

The Royal Arms must not be displayed in any courtroom.

But subsection (1) does not prevent the display of the Royal Arms anywhere in—where they were displayed immediately before the coming into force of this section.

The Royal Arms must not be displayed—unless they were displayed there immediately before the coming into force of this section.

“Existing court-house” means a court-house which is in use before the coming into force of this section.

Any authorisation which would be required for the purpose of complying with this section is to be regarded as having been obtained.

“Authorisation” includes any approval, consent, licence or permission (whether required by any enactment or instrument or otherwise).

In Article 3(1) of the Flags (Northern Ireland) Order 2000 (S.I. 2000/1347 (N.I. 3)) (power to make regulations about the flying of flags at government buildings), insert at the end “and court-houses”.

The Flags Regulations (Northern Ireland) 2000 (S.R. 2000 No. 347) (which were made in the exercise of that power) apply in relation to court-houses as they apply in relation to the government buildings specified in Part 1 of the Schedule to the Regulations (but subject to any amendment which may be made to the Regulations in the further exercise of that power).

The Department of Justice must make a victim information scheme and may from time to time make a new scheme or alterations to a scheme.

A victim information scheme is a scheme requiring the Department of Justice to make available information about the discharge or temporary release of persons serving sentences of imprisonment in Northern Ireland imposed in respect of the commission of offences (“imprisoned offenders”) to victims of the offences who wish to receive it.

A scheme—

A scheme may require that other information relating to the discharge and temporary release of imprisoned offenders is to be made available under the scheme including, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released.

A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person who is not the actual victim of the offence but was directly affected by it is to be regarded for the purposes of the scheme as a victim of the offence (as well as any actual victim).

A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of the scheme as a victim of the offence (instead of an actual victim).

A scheme must specify how victims are to indicate that they wish to receive information under the scheme.

The Department of Justice is not required to make information available under a scheme—

A scheme may make different provision in relation to—

“Discharge” includes release—(whether or not subject to conditions); and “discharged” is to be construed accordingly.

If a person who is the victim of an offence for the purposes of a scheme under section 68 makes to the Department of Justice representations falling within subsection (2) the Department of Justice has the obligations specified in subsection (3).

Representations fall within this subsection if they are to the effect that the temporary release of a person serving a sentence of imprisonment in Northern Ireland imposed in respect of the commission of the offence would threaten the safety, or otherwise adversely affect the well-being, of—

The Department of Justice must—

The Department of Justice must make a scheme requiring the Department of Justice to make available to persons falling within subsection (2) information about—persons in respect of whom relevant determinations have been made.

The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.

A relevant determination is made in respect of a person if—

The Department of Justice may from time to time make a new scheme or alterations to a scheme.

The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—

A condition is relevant for the purposes of subsection (5) if it appears to the Department of Justice that it might affect a victim of an offence in respect of which the determination was made.

A scheme may require the Department of Justice to take all reasonable steps to ascertain whether a person who appears to it to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).

The matters are—

A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.

A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.

The other information may include, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.

Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.

A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.

If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Department of Justice representations falling within subsection (2) the Department of Justice has the obligations specified in subsection (3).

Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—

The Department of Justice must—

Section 69A(3) (relevant determination) applies for the purposes of this section.

In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—

In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—

“Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).

In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.

In subsection (4) and section 69A(3)—

In section 69A(3)—

In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.

The Department of Justice must devise a strategy for enhancing community safety in Northern Ireland.

References in this section ... to enhancing community safety in any place are to making the place one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.

The Department of Justice may from time to time devise a new strategy or make alterations to a strategy.

Before devising or making alterations to a strategy the Department of Justice must consult—

The Department of Justice must publish each strategy devised by the Department and any alterations which the Department makes to a strategy (or the strategy as altered).

In section 54(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (membership of Court of Judicature Rules Committee), for paragraphs (b) to (f) substitute—

In Article 46(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (membership of County Court Rules Committee), for the words from “be appointed” to the end substitute

Article 30 of the County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable by district judges) is amended as follows.

In paragraph (4) (cases dealt with by arbitration)—

After paragraph (4) insert—

The Lord Chancellor may by order make provision for the transfer of the functions of the Court Service and the abolition of the Court Service.

The order may make provision—

The provision made by the order under subsection (2) may include amendments in any enactment or instrument (whenever passed or made), including this Act.

In section 7(1) of the Northern Ireland Act 1998 (entrenched enactments), insert at the end

A Bill containing any provision which deals (otherwise than incidentally) with—may not be passed by the Assembly without cross-community support.

“Cross-community support” has the meaning given by section 4(5) of the Northern Ireland Act 1998 (c. 47).

“Passed”, in relation to a Bill, means passed at the final stage (at which the Bill can be passed or rejected but not amended).

Schedule 12 makes minor and consequential amendments in enactments and instruments.

The Department of Justice may by order make in any other enactment or instrument (whenever passed or made) such amendments as appear to the Department of Justice to be appropriate in consequence of any provision made by Part 4.

The preceding provisions of this Act (with the Schedules) shall not come into force until such day as the Secretary of State or the Department of Justice may by order appoint.

An order may appoint different days for different purposes.

The Secretary of State or the Department of Justice may by order make any transitional provisions or savings which appear appropriate in connection with the coming into force of any provision of this Act.

The persons who, immediately before the date on which section 30 comes into force, hold the offices of Director of Public Prosecutions for Northern Ireland and Deputy Director of Public Prosecutions for Northern Ireland under the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) shall be treated as if—

An order under subsection (1) may include provision for the transfer to the staff of the Public Prosecution Service for Northern Ireland of such persons employed by any authority wholly or mainly in connection with the exercise of functions relating to the prosecution of offences as are specified in the order.

If on the coming into force of subsection (1) of section 31 it is not reasonably practicable for the Director to take over the conduct of all proceedings of the description specified in that subsection, he is under a duty to take over the conduct of only such proceedings of that description as it is reasonably practicable for him to conduct until the earlier of—

If section 35 comes into force before section 10, the reference in subsection (2) of section 35 to a lay magistrate has effect, until section 10 comes into force, as a reference to a justice of the peace.

If section 44 comes into force before section 41, subsection (1)(d) of section 44 has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

If sections 45 to 49 come into force before section 29, the references in those sections to the Public Prosecution Service for Northern Ireland have effect, until that section comes into force, as references to the Office of the Director of Public Prosecutions for Northern Ireland.

No order may be made under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) in relation to an offence committed before the coming into force of section 54; and no order may be made under Article 36E of that Order in relation to an offence committed before the coming into force of section 55.

If section 56 comes into force before section 10, the references in Articles 44D(5) and 44F(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 56) to a lay magistrate have effect, until section 10 comes into force, as references to a justice of the peace.

No reference may be made under Article 10A of the Criminal Justice (Children) (Northern Ireland) Order 1998 in relation to an offence committed before the coming into force of section 58; and no reference may be made under Article 33A of that Order in relation to an offence committed before the coming into force of section 59.

If section 58 comes into force before section 41, paragraph (5)(d) of Article 10B of the Criminal Justice (Children) (Northern Ireland) Order 1998 (inserted by section 58) has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

Any power of—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)).

No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b), 9(4), 19(4)(b), 46(6)(a) or (b) or 72(1), (3), (7) or (8) shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (1A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

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No order containing (whether or not together with other provision) provision made by virtue of section 78 shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

The following instruments—shall, unless a draft has been approved by a resolution of the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

An order under section 28(2) shall 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 applies accordingly.

Subject as follows, the preceding provisions of this Act (with the Schedules) extend to Northern Ireland only.

Subsection (1) does not apply to any of the following provisions—and sections 87 to 90 so far as relating to those provisions.

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.

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

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.

The Lord Chancellor, acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice.

A judicial member may resign by notice in writing to the Lord Chancellor.

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

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.

A non-judicial member may resign by notice in writing to the Lord Chancellor.

The Lord Chancellor may dismiss a non-judicial member if satisfied that—

The Commission may employ staff, but subject to the approval of the Lord Chancellor as to—

The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—as it considers appropriate for or in connection with the exercise of its functions.

Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—.

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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.

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.

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.

But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained.

The Commission must send a copy of each annual report to the Lord Chancellor.

The Lord Chancellor must lay before the Northern Ireland Assembly a copy of each annual report received by him under sub-paragraph (5).

After a copy of a report has been laid before the Northern Ireland Assembly, the Commission must arrange for it to be published.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (6) in relation to the laying of a copy of an annual report as it applies in relation to the laying of a statutory document under an enactment.

In this paragraph “financial year” means—

The Commission must—

The statement of accounts must—as the First Minister and deputy First Minister acting jointly direct.

The Commission must send copies of the statement of accounts relating to a financial year to—within such period after the end of the financial year as the Office of the First Minister and deputy First Minister directs.

The Comptroller and Auditor General for Northern Ireland must—

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

The Commission may establish committees.

Any committee of the Commission may establish sub-committees.

A committee or sub-committee may consist of or include persons who are not members of the Commission.

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.

The Commission may delegate any of its functions (to such extent as it determines) to any of its committees.

A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee.

The Commission is not to be regarded—

The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

Her Majesty's power to appoint a person to a listed judicial office is exercisable on the Lord Chancellor's recommendation.

The Lord Chancellor's power to recommend a person for appointment to a listed judicial office is exercisable only (and must be exercised) as follows.

The Commission is responsible for the selection of persons for recommendation for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process).

When the Commission selects a person under sub-paragraph (3) it must notify the Lord Chancellor.

The Lord Chancellor must, as soon as reasonably practicable, recommend the selected person for appointment to the office in question.

The Commission must (in particular) exercise its power under sub-paragraph (3) to ensure that any vacancy in a listed judicial office is filled.

Sub-paragraph (6) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

The Commission is responsible for the selection of persons for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process).

When the Commission selects a person under sub-paragraph (1) it must appoint the person to the office in question.

The Commission must (in particular) exercise its power under sub-paragraph (1) to ensure that any vacancy in a listed judicial office is filled.

Sub-paragraph (3) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

This Part of this Schedule applies to a listed judicial office—

The Commission must, with the agreement of the Department of Justice, determine the maximum number of persons who may hold the office at any time.

The Commission may from time to time, with the agreement of the Department of Justice, revise the determination.

A determination (or any revision) does not affect any appointments that have already been made.

The selection under this Schedule of a person to be appointed, or recommended for appointment, to a listed judicial office must be made solely on the basis of merit.

Subject to that, the Commission must at all times engage in a programme of action which complies with sub-paragraph (3).

A programme of action complies with this sub-paragraph if—

The Ombudsman is ineligible to exercise specified functions if either sub-paragraph (2) or (3) applies.

This sub-paragraph applies where the Ombudsman—

This sub-paragraph applies where the Ombudsman considers—

As part of the considerations under sub-paragraph (3), the Ombudsman may consult the Department of Justice.

The service referred to in sub-paragraph (3)(b) is service as any of these –

Sub-paragraph (2) applies where—

The Ombudsman must direct—to exercise that function on behalf of the Ombudsman.

The Ombudsman may direct—

Where the Ombudsman has directed a person to exercise a specified function, that person is to be treated, for the purposes of exercising that function, as the Ombudsman.

The Ombudsman must not direct a person under paragraph 1A if either sub-paragraph (2) or (3) applies.

This sub-paragraph applies where—

This sub-paragraph applies where the Ombudsman considers—

As part of the considerations under sub-paragraph (3), the Ombudsman may consult the Department of Justice.

The service referred to in sub-paragraph (3)(b) is service as any of these—

For the purposes of this Schedule, the functions of the Ombudsman set out in the following provisions are specified functions—

In section 7(6A)(c), the function of convening a tribunal by the Ombudsman is a specified function for the purposes of this Schedule, but the person to be notified by the Lord Chief Justice under that subsection is the Ombudsman and not a person that the Ombudsman has directed to exercise a specified function.

In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3).

A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—

A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—

The Ombudsman does not have power to do any of the following—

Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions.

Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).

The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him.

Arrangements may include the paying of fees to such persons.

In making arrangements, the Ombudsman must have regard to thedesirability of keeping fees broadly in line with those paid by the civil service of Northern Ireland.

The Ombudsman may delegate any functions to—

But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.

Sub-paragraph (1) does not apply to the Ombudsman's functions under section 7 or 8 of this Act or section 12B or 12C of the Judicature (Northern Ireland) Act 1978.

The Ombudsman must, as soon as practicable after the end of each financial year, lay before the Assembly a report about the performance of his functions during that year.

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The Ombudsman must publish any report once copies of it have been laid before the Assembly.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph(1) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

Financial year in this Schedule, means—

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.

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).

This sub-paragraph applies to—

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.

This sub-paragraph applies to—

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.

This sub-paragraph applies to—

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

In paragraph (1)—

In paragraph (2)—

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

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 ”.

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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”.

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

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

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 ”.

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 ”.

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 ”.

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 ”.

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

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

In sub-paragraph (1), after paragraph (c) insert—.

In sub-paragraph (2)—

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

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

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

In subsection (2), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

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

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

In subsection (2), after “Secretary of State,” insert—.

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

Subject as follows, the Chief Inspector holds office in accordance with the terms of his appointment (or re-appointment).

The Chief Inspector must not be appointed for more than five years at a time.

The Chief Inspector may resign by notice in writing to the Department of Justice.

The Department of Justice may dismiss the Chief Inspector if satisfied that—

The Department of Justice must pay to or in respect of the Chief Inspector such—as the Department of Justice determines.

If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 becomes the Chief Inspector, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment.

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The Chief Inspector may employ staff, but subject to the approval of the Department of Justice as to—

The Chief Inspector may make arrangements for securing the provision to him of such assistance by persons employed in—as he considers appropriate for or in connection with the exercise of his functions.

Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—.

The Chief Inspector must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of “Other Bodies” insert—

The Chief Inspector must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

The Chief Inspector must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

The Chief Inspector must send a copy of each annual report to the Department of Justice.

In this paragraph “protected information” means information the inclusion of which in a report under sub-paragraph (1) would be against the public interest on the ground of national security.

If it appears to the Secretary of State that a report in compliance with sub-paragraph (1) may contain protected information (or once completed may contain protected information), the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).

If it appears to the Chief Inspector that a report in compliance with sub-paragraph (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under sub-paragraph (1C), the Chief Inspector must refer the report to the Secretary of State.

The Secretary of State must, within the period of 30 days after the date of a referral under sub-paragraph (1C) or (1D), or within such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the Secretary of State’s opinion, the report contains any protected information.

Where the Secretary of State has required that a report be referred to the Secretary of State under sub-paragraph (1C) or the Chief Inspector is required to refer a report to the Secretary of State under sub-paragraph (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—

Where the Secretary of State informs the Chief Inspector under sub-paragraph (1E) that, in the Secretary of State’s opinion, a report contains protected information—

When the Chief Inspector sends a report to the Department of Justice under sub-paragraph (1A) from which information has been excluded under sub-paragraph (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.

Where a report is received by the Department of Justice under sub-paragraph (1A), it must—

But the Department of Justice may exclude a part of a report from the copy so laid or published if, in its opinion, the laying or publication of the part—

If the Department of Justice excludes a part of a report from laying or publication, it must lay or publish with the report a statement that it has been excluded.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraphs (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

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In this paragraph “financial year” means—

The Chief Inspector must—

The statement of accounts must—as the Department of Justice directs.

The Chief Inspector must send copies of the statement of accounts relating to a financial year to—within such period after the end of the financial year as the Department of Justice directs.

The Comptroller and Auditor General for Northern Ireland must—

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

In this paragraph “financial year” has the same meaning as in paragraph 4.

The Chief Inspector may delegate any of his functions (to such extent as he may determine) to—

Those offices are—

The Department of Justice may by order amend sub-paragraph (2) by—

If the carrying out of an inspection or review is delegated under this paragraph it is nevertheless to be regarded for the purposes of sections 46 to 49 as carried out by the Chief Inspector.

Before an inspection of the Police Service of Northern Ireland or Police Service of Northern Ireland Reserve is carried out under section 46, the Chief Inspector must inform those of Her Majesty’s Inspectors of Constabulary who have been appointed under section 41(1) of the Police (Northern Ireland) Act 1998 (c. 32) as inspectors of constabulary for Northern Ireland.

If those inspectors notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must delegate its carrying out to them under paragraph 7.

If those inspectors do not notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must, before the inspection or review is carried out, consult the Department of Justice with a view to obtaining the Department’s approval of the inspection which it is proposed to carry out.

The Chief Inspector is not to be regarded—

The Chief Inspector’s property is not to be regarded as property of, or held on behalf of, the Crown.

Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment).

A person may not be appointed as a Commissioner for more than five years at a time.

A Commissioner may resign by notice in writing to the Department of Justice.

The Department of Justice may dismiss a Commissioner if satisfied that—

A person who holds judicial office may be appointed as a Commissioner without relinquishing that office.

But he is not, unless the terms of his appointment provide otherwise, required to perform the duties of his judicial office while he is a Commissioner.

The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such—as the Department of Justice may determine.

If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 becomes a Commissioner, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment.

The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (1A).

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The Commission may employ staff, but subject to the approval of the Department of Justice as to—

The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—as it considers appropriate for or in connection with the exercise of its functions.

Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).

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The Commission must—

The statement of accounts must—as the Department of Justice directs.

The Commission must send copies of the statement of accounts relating to a financial year to—within such period after the end of the financial year as the Department of Justice directs.

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In this paragraph “financial year” means—

The Commission is not to be regarded—

The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

Section 102 (appointment and assignment of judges) is amended as follows.

In subsection (4) (assignment of one judge to each division), for “one judge” substitute “ one or more judges ”.

In subsection (5) (judge assigned to Belfast or Londonderry to be Recorder), after “judge” insert “ , or (if more than one) one of the judges, ”.