Northern Ireland Bill

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Session 2008 - 09
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Northern Ireland Bill

Northern Ireland Bill
Schedule 3 — Amendments to the Justice (Northern Ireland) Act 2002
15

      (2)
In subsection (3) omit “or the Northern Ireland Court Service”.
      (3)
In subsection (4) after “Part” insert “or paragraph 2A of Schedule 11 to the
Northern Ireland Act 1998”.
9
Omit section 9G.
10
In section 9H omit “or 9G”.
5
11    (1)
Amend section 9I(2) as follows.
      (2)
In paragraph (a) for “section 12, 12A and 12B” substitute “sections 12 to
12C”.
      (3)
In paragraph (b) omit “5,”.
      (4)
After paragraph (b) insert—
10
“(ba)
Schedule 3 to this Act and paragraph 2A of Schedule 11 to the
Northern Ireland Act 1998;”.
12
In section 88 before ““listed judicial office”” insert ““the justice
department”,”.
13
For Schedule 3 substitute—
15
“Schedule 3
Appointment to listed judicial offices
Part 1
Appointments by Her Majesty
Application
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1
This Part of this Schedule applies to a listed judicial office to which
persons are appointed by Her Majesty; and “listed judicial office”
is to be read accordingly.
Process
2     (1)
Her Majesty’s power to appoint a person to a listed judicial office
25
is exercisable on the Lord Chancellor’s recommendation.
      (2)
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.
      (3)
The Commission is responsible for the selection of persons for
30
recommendation for appointment to listed judicial offices
(including, for deciding the timing of any selection or selection
process).
      (4)
When the Commission selects a person under sub-paragraph (3) it
must notify the Lord Chancellor.
35
      (5)
The Lord Chancellor must, as soon as reasonably practicable,
recommend the selected person for appointment to the office in
question.

Northern Ireland Bill
Schedule 3 — Amendments to the Justice (Northern Ireland) Act 2002
16

      (6)
The Commission must (in particular) exercise its power under
sub-paragraph (3) to ensure that any vacancy in a listed judicial
office is filled.
      (7)
Sub-paragraph (6) does not apply to a vacancy while the Lord
Chief Justice agrees that it may remain unfilled.
5
Part 2
Appointments by the Commission
Application
3
This Part of this Schedule applies to a listed judicial office to which
persons are appointed by the Commission; and “listed judicial
10
office” is to be read accordingly.
Process
4     (1)
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).
15
      (2)
When the Commission selects a person under sub-paragraph (1) it
must appoint the person to the office in question.
      (3)
The Commission must (in particular) exercise its power under
sub-paragraph (1) to ensure that any vacancy in a listed judicial
office is filled.
20
      (4)
Sub-paragraph (3) does not apply to a vacancy while the Lord
Chief Justice agrees that it may remain unfilled.
Part 3
Maximum numbers
5     (1)
This Part of this Schedule applies to a listed judicial office—
25
(a)
to which Part 1 or 2 of this Schedule applies, and
(b)
which (apart from this Part of this Schedule) may be held
by more than one person at any time.
      (2)
The Commission must, with the agreement of the justice
department, determine the maximum number of persons who
30
may hold the office at any time.
      (3)
The Commission may from time to time, with the agreement of the
justice department, revise the determination.
      (4)
A determination (or any revision) does not affect any
appointments that have already been made.
35

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
17

Part 4
General provision about selections
6     (1)
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.
5
      (2)
Subject to that, the Commission must at all times engage in a
programme of action which complies with sub-paragraph (3).
      (3)
A programme of action complies with this sub-paragraph if—
(a)
it is designed to secure, so far as it is reasonably practicable
to do so, that appointments to listed judicial offices are
10
such that those holding such offices are reflective of the
community in Northern Ireland,
(b)
it requires the Commission, so far as it is reasonably
practicable to do so, to secure that a range of persons
reflective of the community in Northern Ireland is
15
available for consideration by the Commission whenever it
is selecting a person to be appointed, or recommended for
appointment, to a listed judicial office, and
(c)
it is for the time being approved by the Commission for the
purposes of this Schedule.”
20
14
After paragraph 12(2) of Schedule 3A insert—
    “(3)
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.”
Schedule 4
25
Section 2

Transfer of appointment and related functions
Pensions Appeal Tribunals Act 1943 (c. 39)
1     (1)
Amend the Schedule as follows.
      (2)
In paragraphs 2(1)(c) and 2B(2)(c) for “Lord Chancellor” substitute
“Northern Ireland Judicial Appointments Commission”.
30
      (3)
After paragraph 2(3B) insert—
   “(3C)
For an appointment under sub-paragraph (1)(c), the terms
mentioned in sub-paragraph (2A) are to be determined by the
Commission with the agreement of the justice department (within
the meaning of the Justice (Northern Ireland) Act 2002).”
35
Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))
2     (1)
Amend section 2 as follows.

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
18

      (2)
For subsection (1) substitute—
“(1)
The Northern Ireland Judicial Appointments Commission may
appoint one, or more than one, coroner and deputy coroner for a
district or districts on such conditions as to remuneration,
superannuation or otherwise as the Lord Chancellor may determine
5
after consultation with the Treasury.”
      (3)
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.))
10
3     (1)
Amend section 107 as follows.
      (2)
In subsection (1) for “Lord Chancellor” substitute “Northern Ireland Judicial
Appointments Commission”.
      (3)
After subsection (1) insert—
“(1A)
The term for which a person is appointed as a deputy judge is to be
15
determined by the Commission with the agreement of the justice
department (within the meaning of the Justice (Northern Ireland)
Act 2002).”
      (4)
In subsection (2) after “appointed” insert “as determined under subsection
(1A)”.
20
      (5)
For subsection (3) substitute—
“(3)
Subject to subsection (4), the Commission may, with the agreement
of a deputy judge and the justice department (within the meaning of
the Justice (Northern Ireland) Act 2002), from time to time extend, for
such period as it thinks appropriate, the term for which the deputy
25
judge is appointed.”
Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))
4
For section 10(1) substitute—
“(1)
The Northern Ireland Judicial Appointments Commission may
appoint fit and proper persons, being persons who are eligible for
30
appointment as district judges (magistrates’ courts), to act as deputy
district judges (magistrates’ courts)—
(a)
during such period or periods as the Commission, with the
agreement of the justice department (within the meaning of
the Justice (Northern Ireland) Act 2002), may direct, and
35
(b)
subject to such conditions as the Lord Chancellor may
impose.”
5
For section 12A(2) substitute—
“(2)
Allowances under this section shall be paid by the justice department
(within the meaning of the Justice (Northern Ireland) Act 2002) at
40
rates determined by that department with the consent of the
Department of Finance and Personnel.”

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
19

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
6     (1)
Amend section 1 as follows.
      (2)
In subsection (2)—
(a)
after “determine” insert “with the agreement of the Northern Ireland
Judicial Appointments Commission”;
5
(b)
for “Lord Chancellor” substitute “Commission”.
      (3)
After subsection (3) insert—
“(4)
Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does
not apply in relation to members of the Lands Tribunal.”
7     (1)
Amend section 3 as follows.
10
      (2)
In subsection (1) for “Governor” substitute “Northern Ireland Judicial
Appointments Commission”.
      (3)
In subsection (2)—
(a)
for “is satisfied” substitute “determines, with the agreement of the
Northern Ireland Judicial Appointments Commission,”;
15
(b)
for “Governor” substitute “Commission”.
      (4)
After subsection (5) insert—
“(6)
Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does
not apply in relation to temporary members.”
Misuse of Drugs Act 1971 (c. 38)
20
8
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))
25
9     (1)
Amend Schedule 9B as follows.
      (2)
Omit paragraph 1(2).
      (3)
In paragraph 2(2) for “First Minister and deputy First Minister acting jointly”
substitute “Northern Ireland Judicial Appointments Commission”.
      (4)
After paragraph 3(1) insert—
30
   “(1A)
The terms mentioned in sub-paragraph (1) are to be determined by
the Northern Ireland Judicial Appointments Commission with the
agreement of the justice department (within the meaning of the
Justice (Northern Ireland) Act 2002).”
      (5)
In paragraph 3(2) for “Office of the First Minister and deputy First Minister”
35
substitute “Commission”.
      (6)
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”.
40

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
20

      (7)
For paragraph 4 substitute—
“4
The justice department (within the meaning of the Justice
(Northern Ireland) Act 2002) may pay to the members of the
Tribunal such remuneration and allowances as that department
may determine.”
5
Judicature (Northern Ireland) Act 1978 (c. 23)
10    (1)
Amend section 2 as follows.
      (2)
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
10
Appointments Commission, by order”.
      (3)
For subsection (4) substitute—
“(4)
Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does
not apply in relation to puisne judges.”
11
In section 3(4) for “Her Majesty may by Order in Council” substitute “The
15
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”.
12
For section 7(3) substitute—
“(3)
The Northern Ireland Judicial Appointments Commission may
20
appoint a person qualified for appointment as a judge of the High
Court to sit and act as a judge of the High Court as a temporary
measure in order to facilitate the disposal of business in the High
Court or the Crown Court.”
13
After section 8(1) insert—
25
“(1A)
For this purpose, an appointment under section 7(3) is to be made
for—
(a)
a particular case or cases determined by the Lord Chief
Justice or a person within section 7(5)(a) or (b) nominated by
the Lord Chief Justice to make determinations under this
30
paragraph, or
(b)
a period specified by the Northern Ireland Judicial
Appointments Commission with the agreement of the justice
department (within the meaning of the Justice (Northern
Ireland) Act 2002).”
35
14
In section 14(1) for “the Lord Chancellor” substitute “Her Majesty”.
15    (1)
Amend section 70 as follows.
      (2)
For subsection (1) substitute—
“(1)
Appointments to the offices listed in column 1 of Schedule 3 shall be
made by the Northern Ireland Judicial Appointments Commission
40
after consultation with the Lord Chief Justice; and persons holding
such offices are in this Act referred to as “statutory officers”.

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
21

(1A)
The Lord Chief Justice must 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 statutory
officers.
(1B)
The terms and conditions of service for statutory officers are to be
5
determined by the Lord Chancellor with the concurrence of the
Treasury.”
      (3)
In subsection (3)—
(a)
for “Lord Chancellor” substitute “Commission”;
(b)
for “he” (in both places where it appears) substitute “it”.
10
      (4)
In subsection (5) for “Lord Chancellor” substitute “justice department
(within the meaning of the Justice (Northern Ireland) Act 2002)”.
      (5)
In subsection (6) for “Lord Chancellor” substitute “justice department”.
16    (1)
Amend section 74 as follows.
      (2)
For subsection (1) substitute—
15
“(1)
In order to facilitate the disposal of business, the Northern Ireland
Judicial Appointments Commission may, after consultation with the
Lord Chief Justice, appoint a suitably qualified person—
(a)
to act as a deputy for any statutory officer, or
(b)
to act as a temporary additional statutory officer,
20

during such period or on such occasions as the Commission
determines with the agreement of the justice department (within the
meaning of the Justice (Northern Ireland) Act 2002).
(1A)
The justice department must consult the Lord Chief Justice before
giving its agreement to a period or occasion under subsection (1).
25
(1B)
The Lord Chief Justice must 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 deputies for
statutory officers or temporary additional statutory officers.”
      (3)
In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”.
30
17
In section 103(3)—
(a)
for “Lord Chancellor” substitute “justice department (within the
meaning of the Justice (Northern Ireland) Act 2002)”;
(b)
for “so appointed” substitute “of the peace”.
18    (1)
Amend section 119 as follows.
35
      (2)
In subsection (1) after “Lord Chancellor” insert “or the justice department
(within the meaning of the Justice (Northern Ireland) Act 2002)”.
      (3)
In subsection (2) for “68(3)” substitute “2(3), 3(4), 68(3), 70(5)”.
      (4)
After subsection (2) insert—
“(2A)
Any statutory rule made under section 2(3) or 3(4) is subject to
40
affirmative resolution (within the meaning of section 41(4) of the
Interpretation Act (Northern Ireland) 1954).