Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Schedule 1 (Northern Ireland department with policing and justice functions) has effect.
For sections 12 and 12B of the Judicature (Northern Ireland) Act 1978 (c. 23) substitute the sections 12 to 12C set out in Schedule 2.
The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in Schedule 3.
Schedule 4 (which transfers appointment and other related functions from the Lord Chancellor to the Northern Ireland Judicial Appointments Commission etc) has effect.
Schedule 5 (which contains consequential amendments and transitional provision) has effect.
Schedule 6 (which makes provision for reviewing arrangements for judicial appointments and removals etc) has effect.
In Article 26C(5) of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))—
for “Attorney General” substitute “ relevant authority ”, and
at the end insert
After section 30 of the Justice (Northern Ireland) Act 2002 (c. 26) insert—
Section 86 of the Northern Ireland Act 1998 (c. 47) is amended as follows.
In subsections (2)(a) and (3)(a) for “(whether by virtue of an Order under section 4 or otherwise)” substitute “ other than by virtue of an Order under section 4 ”.
After subsection (3) insert—
This Act may be cited as the Northern Ireland Act 2009.
An amendment or repeal contained in this Act has the same extent as the enactment or instrument or relevant part of the enactment or instrument to which the amendment or repeal relates.
The Secretary of State may by order made by statutory instrument make supplementary, incidental or consequential provision for the purposes of, in consequence of or for giving full effect to any provision of this Act.
An order under subsection (3) may contain—
provision amending any Act or Northern Ireland legislation or any instrument made under an Act or Northern Ireland legislation;
transitory and transitional provision and savings.
A statutory instrument containing an order under subsection (3) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Subject to subsection (7), this Act comes into force on the day it is passed.
The following provisions come into force on the day appointed by the Secretary of State by order made by statutory instrument—and different days may be appointed for different purposes.
section 2 and the Schedules mentioned in that section;
section 3(1);
The Secretary of State may by order made by statutory instrument make transitory or transitional provision or savings in connection with the coming into force of any provision of this Act.
Northern Ireland department with policing and justice functions
Preliminary
In this Schedule “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).
For the purposes of paragraph 22 of Schedule 2 to the 1998 Act, treat this Schedule as being contained in Part 3 of the 1998 Act.
Amendments to the 1998 Act relating to departmental model for policing and justice functions
Amend section 21A of the 1998 Act as follows.
In subsections (1) and (6) after “(3)” insert “ , (3A) ”.
After subsection (3) insert—
Amend Schedule 4A to the 1998 Act as follows.
At the end of the heading for Part 1 insert “ by virtue of section 21A(3) ”.
After Part 1 insert—
In paragraph 12(1) after “21A(3),” insert “ (3A), ”.
After paragraph 12 insert—
Special provision applying to first policing and justice department
Application
Paragraphs 6 to 8 apply in relation to the first Northern Ireland department established by an Act of the Northern Ireland Assembly the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions (as defined in section 21A(8) of the 1998 Act).
But—
they apply only if that Act of the Assembly makes provision of the kind mentioned in section 21A(3A) of the 1998 Act (“the initial ministerial provision”), and
they are not to apply at all if an Order in Council has been made under section 21A(7C) of the 1998 Act.
Section 18(1)(b) of the 1998 Act not to apply on establishment of department
Section 18(1)(b) of the 1998 Act does not apply to the determination under section 17(1) of the 1998 Act required by virtue of section 17(2) in relation to the establishment of the department.
Filling of Ministerial office after election
This paragraph applies before 1 May 2012.
For the purposes of section 16A(3) of the 1998 Act the relevant Ministerial office (within the meaning of Part 1A of Schedule 4A to the 1998 Act) may be filled after the end of the period mentioned.
Accordingly—
section 16A(8) of the 1998 Act does not apply to a person taking up office as the relevant Minister (within the meaning of Part 1A of Schedule 4A to the 1998 Act), and
section 32(3)(a) of the 1998 Act applies as if the reference to the Ministerial offices to be held by Northern Ireland Ministers excluded the relevant Ministerial office.
Dissolution of department etc
The department dissolves on 1 May 2012 unless, before 1 May 2012—
the Assembly resolves that the department is to continue operating from 1 May 2012, or
a second Act of the Assembly (“the second Act”) makes provision authorised by sub-paragraph (3).
A resolution for the purposes of sub-paragraph (1)(a) must be passed with cross-community support (as defined in section 4(5) of the 1998 Act).
The second Act may provide that the department is to continue operating from 1 May 2012.
The second Act may repeal the initial ministerial provision with effect from a specified date.
If the second Act repeals the initial ministerial provision, it may also—and if no provision is made within paragraph (a) or (b), the Ministerial office of the Minister in charge of the department is to be filled under section 18 of the 1998 Act.
replace the initial ministerial provision with provision of the kind mentioned in section 21A(3), (4), (5) or (5A) of the 1998 Act with effect from the specified date (and the relevant provisions of Schedule 4A to the 1998 Act apply), or
provide for the department to be in the charge of the First Minister and the deputy First Minister acting jointly with effect from the specified date (and section 21(3)(a) and (b) of the 1998 Act apply);
If the second Act repeals the initial ministerial provision, a determination under section 17(1) of the 1998 Act must be made on the specified date.
That determination takes effect immediately (and, accordingly, section 17(5) of the 1998 Act does not apply in relation to it).
If the second Act replaces the initial ministerial provision with provision of the kind mentioned in section 21A(5A) of the 1998 Act, paragraph 11E(1) of Schedule 4A to the 1998 Act applies as if devolved policing and justice functions were first transferred to, or conferred on, the department when the determination required by sub-paragraph (6) takes effect in accordance with sub-paragraph (7).
Nothing in this paragraph stops an Act of the Assembly dissolving the department at any time.
Amendments to sections 21B and 21C of the 1998 Act
In section 21B(1)(a) of the 1998 Act for “and to make” to “21A(5A)” substitute “ the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions but only if the Act makes provision of the kind mentioned in section 21A(5A) (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009) ”.
In section 21C(1) of the 1998 Act—
for “a new Northern Ireland department” substitute “ the first Northern Ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions (as defined in section 21A(8)) ”;
in paragraph (a) after “21A(5A)” insert “ (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009) ”.
Sections 12 to 12C of the Judicature (Northern Ireland) Act 1978
Appointment of the Lord Chief Justice and Lords Justices of Appeal
Whenever the office of Lord Chief Justice is vacant, Her Majesty may appoint a qualified person to that office by letters patent under the Great Seal of Northern Ireland.
Her Majesty may, from time to time, appoint a qualified person as a Lord Justice of Appeal by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 3).
Her Majesty's powers of appointment under this section are exercisable on the Prime Minister's recommendation.
The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Chief Justice or Lord Justice of Appeal.
Subsection (4) does not apply to a vacancy in the office of Lord Justice of Appeal while the Lord Chief Justice agrees that it may remain unfilled.
Before making a recommendation, the Prime Minister must consult—
the Lord Chief Justice or, if that office is vacant or the Lord Chief Justice is not available, the senior Lord Justice of Appeal who is available, and
the Northern Ireland Judicial Appointments Commission.
Appointment of judges of the High Court
Her Majesty may, from time to time, appoint a qualified person as a judge of the High Court by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 2).
Tenure of office: Lord Chief Justice
The Lord Chief Justice holds office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993).
Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Chief Justice.
A motion for such an address may be made—
in the House of Commons, only by the Prime Minister;
in the House of Lords, only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, only by another Minister of the Crown at the Lord Chancellor's request.
No motion is to be made for the purposes of subsection (3) unless—
the Prime Minister has, after consulting the Lord Chancellor, convened a tribunal as set out below, and
the tribunal has reported to the Prime Minister recommending that P be removed from the office on the ground of misbehaviour.
No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.
No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.
If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may suspend P from the office.
If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).
A tribunal is to consist of—
a person who holds high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) and who does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,
a person who is or has been a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and
a lay member of the Northern Ireland Judicial Appointments Commission (see section 3(5)(c) of the Justice (Northern Ireland) Act 2002).
The persons within subsection (9)(a) and (b) are to be selected by the Lord Chancellor after consulting—(or, where an office is vacant or an office holder is not available, some other appropriate person).
the President of the Supreme Court of the United Kingdom,
the Lord Chief Justice of England and Wales, and
the Lord President of the Court of Session;
The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.
The person within subsection (9)(a) is to be the chair of the tribunal.
The tribunal's procedure is to be determined by the chair.
The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may pay a member of a tribunal any such allowances or fees as it may determine.
Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(a) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.
Tenure of office: Lords Justices of Appeal and certain High Court judges
Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993).
Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Justice of Appeal or judge of the High Court.
A motion for such an address may be made—
in the House of Commons, only by the Prime Minister;
in the House of Lords, only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, only by another Minister of the Crown at the Lord Chancellor's request.
No motion is to be made for the purposes of subsection (3) unless—
the Lord Chief Justice or the Northern Ireland Judicial Appointments Ombudsman has, after consulting the other, convened a tribunal as set out below,
the tribunal has reported to the Lord Chief Justice recommending that P be removed from the office on the ground of misbehaviour, and
the following has occurred—
the Lord Chief Justice has advised the Prime Minister and the Lord Chancellor to accept the tribunal's recommendation, or
if the Lord Chief Justice does not so advise, the Prime Minister and the Lord Chancellor have consulted the Lord Chief Justice about the recommendation.
No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.
No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.
If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may, with the agreement of the Lord Chief Justice, suspend P from the office.
If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).
A tribunal is to consist of—
a person who holds high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) and who does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,
a person who is or has been a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and
a lay member of the Northern Ireland Judicial Appointments Commission (see section 3(5)(c) of the Justice (Northern Ireland) Act 2002).
The persons within subsection (9)(a) and (b) are to be selected by the Lord Chief Justice after consulting—(or, where an office is vacant or an office holder is not available, some other appropriate person).
the Lord Chancellor,
the President of the Supreme Court of the United Kingdom,
the Lord Chief Justice of England and Wales, and
the Lord President of the Court of Session;
The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.
The person within subsection (9)(a) is to be the chair of the tribunal.
The tribunal's procedure is to be determined by the Lord Chief Justice.
If the tribunal recommends as mentioned in subsection (4)(b), the Lord Chief Justice must send the Prime Minister and the Lord Chancellor—
a copy of the tribunal's report,
any comments that the Lord Chief Justice wishes to make on the report, and
any comments that the Northern Ireland Judicial Appointments Ombudsman wishes to make on the report.
The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may pay a member of a tribunal any such allowances or fees as it may determine.
Nothing in subsections (1) to (15) applies to a judge of the High Court appointed after the coming into force of section 7 of the Justice (Northern Ireland) Act 2002 (as to the removal and suspension of whom see that section).
Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(b) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.
Amendments to the Justice (Northern Ireland) Act 2002
Amend section 2 as follows.
Omit subsection (1)(a).
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Omit section 4.
For section 5 substitute—
In section 5A(1) for “section 5” substitute “ Schedule 3 ”.
Omit section 6.
Amend section 7 as follows.
In subsection (2) for “First Minister and deputy First Minister, acting jointly” substitute “ Lord Chief Justice ”.
In subsection (3) for “First Minister and deputy First Minister” substitute “ Lord Chief Justice ”.
In subsection (4) for “them” substitute “ the Lord Chief Justice ”.
Omit subsection (5).
After subsection (6) insert—
In subsection (7)—
for “(6)” substitute “ (6A) ”;
for “section 12B” substitute “ section 12C ”;
omit “(inserted by section 6 of this Act)”.
For section 8 substitute—
Amend section 9B as follows.
In subsection (3) omit “or the Northern Ireland Court Service”.
In subsection (4) after “Part” insert “ or paragraph 2A of Schedule 11 to the Northern Ireland Act 1998 ”.
Omit section 9G.
In section 9H omit “or 9G”.
Amend section 9I(2) as follows.
In paragraph (a) for “section 12, 12A and 12B” substitute “ sections 12 to 12C ”.
In paragraph (b) omit “5,”.
After paragraph (b) insert—.
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For Schedule 3 substitute—
After paragraph 12(2) of Schedule 3A insert—
Transfer of appointment and related functions
Pensions Appeal Tribunals Act 1943 (c. 39)
Amend the Schedule as follows.
In paragraphs 2(1)(c) and 2B(2)(c) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
After paragraph 2(3B) insert—
Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))
Amend section 2 as follows.
For subsection (1) substitute—
In subsection (1A) for “also” to “of” substitute “ be consulted before a determination (or a revision of a determination) is made under Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 in relation to ”.
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
Amend section 107 as follows.
In subsection (1) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
After subsection (1) insert—
In subsection (2) after “appointed” insert “ as determined under subsection (1A) ”.
For subsection (3) substitute—
Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))
For section 10(1) substitute—
For section 12A(2) substitute—
Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
Amend section 1 as follows.
In subsection (2)—
after “determine” insert “ with the agreement of the Northern Ireland Judicial Appointments Commission ”;
for “Lord Chancellor” substitute “ Commission ”.
After subsection (3) insert—
Amend section 3 as follows.
In subsection (1) for “Governor” substitute “ Northern Ireland Judicial Appointments Commission ”.
In subsection (2)—
for “is satisfied” substitute “ determines, with the agreement of the Northern Ireland Judicial Appointments Commission, ”;
for “Governor” substitute “ Commission ”.
After subsection (5) insert—
Misuse of Drugs Act 1971 (c. 38)
In the Table in paragraph 21 of Schedule 3 at the end of the modification for paragraph 1 insert “ and for any reference to the Lord Chancellor there shall be substituted a reference to the Northern Ireland Judicial Appointments Commission ”.
Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28))
Amend Schedule 9B as follows.
Omit paragraph 1(2).
In paragraph 2(2) for “First Minister and deputy First Minister acting jointly” substitute “ Northern Ireland Judicial Appointments Commission ”.
After paragraph 3(1) insert—
In paragraph 3(2) for “Office of the First Minister and deputy First Minister” substitute “ Commission ”.
In paragraph 3(3) for “First Minister and deputy First Minister acting jointly authorise” substitute “ Commission, with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002), authorises ”.
For paragraph 4 substitute—
Judicature (Northern Ireland) Act 1978 (c. 23)
Amend section 2 as follows.
In subsection (3) for “Her Majesty may by Order in Council” substitute “ The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order ”.
For subsection (4) substitute—
In section 3(4) for “Her Majesty may by Order in Council” substitute “ The justice department (within the meaning of the Justice (Northern Ireland) Act 2002) may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order ”.
For section 7(3) substitute—
After section 8(1) insert—
In section 14(1) for “the Lord Chancellor” substitute “ Her Majesty ”.
Amend section 70 as follows.
For subsection (1) substitute—
In subsection (3)—
for “Lord Chancellor” substitute “ Commission ”;
for “he” (in both places where it appears) substitute “ it ”.
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Amend section 74 as follows.
For subsection (1) substitute—
In subsection (3) for “Lord Chancellor” substitute “ Lord Chief Justice ”.
In section 103(3)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for “so appointed” substitute “ of the peace ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
In paragraph 2(1) of Schedule 2 for “Lord Chancellor”, where it appears second, substitute “ Northern Ireland Judicial Appointments Commission ”.
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))
Amend Schedule 3 as follows.
In paragraph 1(a) and (c)—
for “Lord Chancellor”, where it appears first, substitute “ Northern Ireland Judicial Appointments Commission ”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraphs 1(b), 2 and 3 for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
In paragraph 2 make the existing text sub-paragraph (1) and after that insert—
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
In paragraph 1 of Schedule 1 for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
Child Support Act 1991 (c. 48)
In section 23(1) for the words from “such number” to the end substitute “ other Child Support Commissioners for Northern Ireland ”.
For paragraph 4(1) and (2) of Schedule 4 substitute—
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Amend section 50 as follows.
In subsection (1) for the words from “such number” to the end substitute “ other Social Security Commissioners ”.
In subsection (2)—
for the words from the beginning to “appoint” substitute “ In order to facilitate the disposal of the business of Social Security Commissioners, the Northern Ireland Judicial Appointments Commission may appoint ”;
for “Lord Chancellor thinks fit” substitute “ Commission determines with the agreement of the justice department (within the meaning of the Justice (Northern Ireland) Act 2002) ”.
Tribunals and Inquiries Act 1992 (c. 53)
After section 6(8) insert—
Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))
Amend Article 22 as follows.
In paragraphs (2)(a) and (b) and (4)(b) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph (5) omit “person or” in both places where it appears.
After paragraph (5) insert—
Plant Varieties Act 1997 (c. 66)
Amend Schedule 3 as follows.
In paragraph 4(1) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
After paragraph 5(1) insert—
In paragraph 16, in paragraph (c) of the definition of “appointing authority”, for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269)
Amend the Schedule as follows.
In rule 6(2) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
After rule 6(3) insert—
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
In Article 6(1) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
Amend Article 7 as follows.
In paragraphs (1), (2) and (4) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
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In paragraph (4) for “numbers” to “appointments,” substitute “ terms and conditions of appointments to the panel ”.
After paragraph 1(1) of Schedule 1 insert—
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
In Article 82(1), (3) and (6) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
Justice (Northern Ireland) Act 2002 (c. 26)
Amend section 9 as follows.
In subsection (1) for “Lord Chancellor” substitute “ Commission ”.
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For subsection (11) substitute—
Amend section 90 as follows.
In subsection (1)(c) after “deputy First Minister” insert “ or the justice department ”.
After subsection (1) insert—
In subsection (4) omit “9(4),”.
Amend Schedules 1 and 6 as follows.
After the entry relating to the Plant Varieties and Seeds Tribunal insert— “ Deputy appointed under paragraph 6(1) of Schedule 3 to the Plant Varieties Act 1997 for the purpose of proceedings brought before the Plant Varieties and Seeds Tribunal in Northern Ireland ”.
At the end insert— “ President or other member of the Charity Tribunal for Northern Ireland Adjudicator appointed under Article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 Chairman appointed under Article 7(2)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 Adjudicator appointed under Article 29 of the Traffic Management (Northern Ireland) Order 2005 ”.
In Schedule 1, after the entries inserted by sub-paragraph (3), insert— “ Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 ”.
Omit paragraphs 14 and 17(2) of Schedule 4.
Omit paragraph 13 of Schedule 12.
In Schedule 13 omit—
the repeal of words in section 10(1) of the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.));
the repeal of words in section 90(4) of the Justice (Northern Ireland) Act 2002 (c. 26).
Criminal Injuries Compensation (Northern Ireland) Order 2002 (S.I. 2002/796 (N.I. 1))
Amend Article 7 as follows.
In paragraphs (1)(b) and (2)(b) for “Secretary of State” substitute “ Northern Ireland Judicial Appointments Commission ”.
In paragraph (3) after “by the Secretary of State” insert “ or the Northern Ireland Judicial Appointments Commission ”.
In paragraph (3)(a) for “Secretary of State considers appropriate” substitute “ person making the appointment determines ”.
After paragraph (3) insert—
Omit paragraph (6).
In Article 13(2) for “Article 7(6)” substitute “ section 7 of the Justice (Northern Ireland) Act 2002 ”.
Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))
Amend Schedule 2 as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 2(1) for “First Minister and deputy First Minister acting jointly” substitute “ Northern Ireland Judicial Appointments Commission ”.
After paragraph 3(1) insert—
In paragraph 3(2) for “First Minister and deputy First Minister” substitute “ Commission ”.
Omit paragraph 7 and the heading immediately before it.
Traffic Management (Northern Ireland) Order 2005 (S.I. 2005/1964 (N.I. 14))
Amend Article 29 as follows.
In paragraph (1) for “First Minister and deputy First Minister acting jointly” substitute “ Northern Ireland Judicial Appointments Commission ”.
After paragraph (4) insert—
In paragraph (5) for “Office of the First Minister and deputy First Minister” substitute “ Commission ”.
Omit paragraph (6).
In paragraph (7) for “paragraph (6)” substitute “ section 7 of the Justice (Northern Ireland) Act 2002 ”.
Omit paragraph (8).
Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005/150)
In regulation 2(1), in the definitions of “President” and “Vice-President”, for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
Amend regulation 4 as follows.
In paragraphs (1)(a) and (2) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
After paragraph (2) insert—
Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005/151)
In regulation 2(1), in the definitions of “President” and “Vice-President”, for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
Amend regulation 5 as follows.
In paragraph (2) for “Lord Chancellor” substitute “ Northern Ireland Judicial Appointments Commission ”.
After paragraph (2) insert—
Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
Amend Schedule 2 as follows.
In paragraph 1(2) for “First Minister and deputy First Minister acting jointly” substitute “ Northern Ireland Judicial Appointments Commission ”.
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After paragraph 3(1) insert—
In paragraph 3(2) for “Office of the First Minister and deputy First Minister” substitute “ Northern Ireland Judicial Appointments Commission ”.
For paragraph 5 substitute—
Omit paragraph 11 and the heading immediately before it.
Consequential amendments and transitional provision
Consequential amendments
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
For section 102(1) substitute—
For section 134 substitute—
Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))
In section 9(1) omit “, on the recommendation of the Lord Chancellor,”.
Northern Ireland Act 1998 (c. 47)
After paragraph 2 of Schedule 11 insert—
Justice (Northern Ireland) Act 2004 (c. 4)
Constitutional Reform Act 2005 (c. 4)
Amend Schedule 5 as follows.
In paragraph 115(2) omit“8(7),”.
Omit paragraphs 116 and 123.
Amend paragraph 4 of Schedule 7 as follows.
Omit the entries for the following—
section 102(1) of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.));
sections 9(1) and 12A(2) of the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.));
sections 1(2) and 3(1) and (2) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.));
sections 12, 12B, 70(1), (3), (5) and (6) and 103(3) of the Judicature (Northern Ireland) Act 1978 (c. 23);
paragraphs 1, 2 and 3 of Schedule 3 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
Article 22(2)(a) and (b) and (4)(b) of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1));
Articles 6(1) and 7(1) and (4) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10));
Article 82(1), (3) and (6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21));
paragraph 3(2) of Schedule 2 to the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)).
In the entries relating to the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) for “107(1), (3) and (7)” substitute “ 107(7) ”.
In the entries relating to the Judicature (Northern Ireland) Act 1978—
at the appropriate places insert “ Sections 12B and 12C ” and “ Section 70(1B) ”;
for “74(1), (3) and (5)” substitute “ 74(5) ”.
In the entries relating to the Northern Ireland Act 1998 (c. 47) after “2(1) and (3),” insert “ 2A, ”.
In the entries relating to the Justice (Northern Ireland) Act 2002 (c. 26) at the appropriate place insert “ Schedule 3, Part 1 ”.
Omit paragraphs 36 to 39 of Schedule 17.
Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33)
Omit section 28.
Transitional provision
This paragraph applies if—
before the coming into force of this paragraph the Prime Minister has selected a person for recommendation for appointment to the office of Lord Chief Justice or Lord Justice of Appeal under section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23), but
when this paragraph comes into force the person has not been appointed.
Section 12 of the 1978 Act applies in relation to the appointment of the person, ignoring its substitution by this Act.
This paragraph applies if before the coming into force of this paragraph a tribunal is convened under section 135 of the Constitutional Reform Act 2005 (c. 4) in relation to a matter (“the relevant matter”) for the purposes of—
section 134 of that Act, or
section 12B of the Judicature (Northern Ireland) Act 1978.
In a case covered by sub-paragraph (1)(a), for the purpose of dealing with the relevant matter sections 134 and 135 of the 2005 Act continue to apply, ignoring their repeal by the Justice (Northern Ireland) Act 2002.
In a case covered by sub-paragraph (1)(b), for the purpose of dealing with the relevant matter section 135 of the 2005 Act and section 12B of the 1978 Act continue to apply, ignoring—
the repeal of section 135 by the Justice (Northern Ireland) Act 2002, and
the substitution of section 12B by this Act.
This paragraph applies if—
before the coming into force of this paragraph a notice under section 5(3) of the Justice (Northern Ireland) Act 2002 is given requiring the Northern Ireland Judicial Appointments Commission to select a person for appointment, or recommendation for appointment, to a listed judicial office (“the relevant requirement”), and
at the time this paragraph comes into force, no appointment has been made.
Section 5 of the 2002 Act, and any other relevant provision made by or under an Act or Northern Ireland legislation, continues to apply in relation to the relevant requirement as it applied immediately before the coming into force of this paragraph and, accordingly, the appointment is to be made as it would have been made immediately before the coming into force of this paragraph.
Paragraph 8(2) of Schedule 3 to this Act has no effect in relation to maladministration alleged to have occurred before the coming into force of paragraph 8(2) (whether or not a complaint is made before then).
Despite its repeal by paragraph 9 of Schedule 3 to this Act, section 9G of the Justice (Northern Ireland) Act 2002 (c. 26) continues to apply in relation to any matter arising before the coming into force of paragraph 9 (whether or not the matter is referred to the Ombudsman before then) and section 9H of the 2002 Act continues to apply accordingly, ignoring paragraph 10 of Schedule 3 to this Act.
in paragraph (a) the reference to sections 12 to 12C of the Judicature (Northern Ireland) Act 1978 (c. 23) is to be read as including a reference to sections 12 and 12B of the 1978 Act before their substitution by this Act (including as applied by paragraph 10 or 11 of this Schedule);
This paragraph applies in relation to a function which, by virtue of Schedule 4 to this Act, is transferred from one person (“A”) to another person (“B”). This includes cases where a function is exercisable by B with the agreement of a third person (and references below to B are to be read accordingly as necessary or appropriate).
Anything done by, on behalf of or in relation to A in relation to the function has effect as if done by, on behalf of or in relation to B, so far as necessary or appropriate for continuing its effect after the transfer.
Anything (including legal proceedings) which, immediately before the transfer, is in the process of being done by, on behalf of or in relation to A in relation to the function may be continued by, on behalf of or in relation to B.
So far as necessary or appropriate in consequence of the transfer or sub-paragraph (2) or (3) above, in any provision made by or under an Act or Northern Ireland legislation or in any instrument, agreement or other document a reference to A is to be treated as a reference to, or as including a reference to, B.
In sub-paragraphs (2) to (4) above, references to A include references to any person who had the function before A.
This paragraph is subject to paragraph 12 of this Schedule.
Review of arrangements for judicial appointments and removals etc
After section 29B of the Northern Ireland Act 1998 (c. 47) insert—
From 1 May 2012, no new members may be appointed to the Northern Ireland Judicial Appointments Commission, unless the Northern Ireland Assembly resolves that this sub-paragraph is not to apply (or an Act of the Assembly overrides this sub-paragraph).(This does not stop the re-appointment of existing members.)
A resolution for the purposes of sub-paragraph (1) must be passed with the support of—“Designated Nationalist” and “designated Unionist” have the meanings given by section 4(5) of the Northern Ireland Act 1998.
a majority of the members voting on the motion for the resolution,
a majority of the designated Nationalists voting, and
a majority of the designated Unionists voting.
If the resolution is passed on or after 1 May 2012, new members may be appointed to the Commission from the day after the day on which it is passed.