Northern Ireland Bill

House of Commons

Session 2008 - 09
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Northern Ireland Bill

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
22

(2B)
Any statutory rule made under section 70(5) is subject to negative
resolution (within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954).”
      (5)
In subsection (3) omit “2(3), 3(4),”.
Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
5
19
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))
20    (1)
Amend Schedule 3 as follows.
      (2)
In paragraph 1(a) and (c)—
10
(a)
for “Lord Chancellor”, where it appears first, substitute “Northern
Ireland Judicial Appointments Commission”;
(b)
for “Lord Chancellor”, where it appears second, substitute “justice
department (within the meaning of the Justice (Northern Ireland)
Act 2002)”.
15
      (3)
In paragraphs 1(b), 2 and 3 for “Lord Chancellor” substitute “Northern
Ireland Judicial Appointments Commission”.
      (4)
In paragraph 2 make the existing text sub-paragraph (1) and after that
insert—
    “(2)
The terms mentioned in sub-paragraph (1) are to be determined by
20
the Northern Ireland Judicial Appointments Commission with the
agreement of the justice department (within the meaning of the
Justice (Northern Ireland) Act 2002).”
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
21
In paragraph 1 of Schedule 1 for “Lord Chancellor” substitute “Northern
25
Ireland Judicial Appointments Commission”.
Child Support Act 1991 (c. 48)
22
In section 23(1) for the words from “such number” to the end substitute
“other Child Support Commissioners for Northern Ireland”.
23
For paragraph 4(1) and (2) of Schedule 4 substitute—
30
    “(1)
The Northern Ireland Judicial Appointments Commission may
appoint persons to act as Child Support Commissioners for
Northern Ireland (but to be known as deputy Child Support
Commissioners for Northern Ireland) in order to facilitate the
disposal of the business of Child Support Commissioners for
35
Northern Ireland.
      (2)
A deputy Child Support Commissioner for Northern Ireland shall
be appointed—
(a)
from among persons who are barristers or solicitors of not
less than the number of years’ standing specified in section
40
23(2), and

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
23

(b)
subject to sub-paragraph (2A), for 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).”
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
5
24    (1)
Amend section 50 as follows.
      (2)
In subsection (1) for the words from “such number” to the end substitute
“other Social Security Commissioners”.
      (3)
In subsection (2)—
(a)
for the words from the beginning to “appoint” substitute “In order to
10
facilitate the disposal of the business of Social Security
Commissioners, the Northern Ireland Judicial Appointments
Commission may appoint”;
(b)
for “Lord Chancellor thinks fit” substitute “Commission determines
with the agreement of the justice department (within the meaning of
15
the Justice (Northern Ireland) Act 2002)”.
Tribunals and Inquiries Act 1992 (c. 53)
25
After section 6(8) insert—
“(8A)
In relation to a Reinstatement Committee mentioned in paragraph
38(a) of Schedule 1 which sits in Northern Ireland—
20
(a)
in subsections (1) and (2) the references to the Lord
Chancellor are to be read as references to the Northern
Ireland Judicial Appointments Commission, and
(b)
the terms mentioned in subsection (2) are to be determined
by the Northern Ireland Judicial Appointments Commission
25
with the agreement of the justice department (within the
meaning of the Justice (Northern Ireland) Act 2002).”
Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))
26    (1)
Amend Article 22 as follows.
      (2)
In paragraphs (2)(a) and (b) and (4)(b) for “Lord Chancellor” substitute
30
“Northern Ireland Judicial Appointments Commission”.
      (3)
In paragraph (3)(a) for “Lord Chancellor” substitute “justice department
(within the meaning of the Justice (Northern Ireland) Act 2002)”.
      (4)
In paragraph (5) omit “person or” in both places where it appears.
      (5)
After paragraph (5) insert—
35
“(5A)
For an appointment under paragraph (2)(b), the conditions
mentioned in paragraph (5) are to be determined with the agreement
of the justice department (within the meaning of the Justice
(Northern Ireland) Act 2002).”
Plant Varieties Act 1997 (c. 66)
40
27    (1)
Amend Schedule 3 as follows.

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
24

      (2)
In paragraph 4(1) for “Lord Chancellor” substitute “Northern Ireland
Judicial Appointments Commission”.
      (3)
After paragraph 5(1) insert—
   “(1A)
For an appointment under paragraph 4 above, the term mentioned
in sub-paragraph (1) above is to be determined with the
5
agreement of the justice department (within the meaning of the
Justice (Northern Ireland) Act 2002).”
      (4)
In paragraph 16, in paragraph (c) of the definition of “appointing authority”,
for “Lord Chancellor” substitute “Northern Ireland Judicial Appointments
Commission”.
10
Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269)
28    (1)
Amend the Schedule as follows.
      (2)
In rule 6(2) for “Lord Chancellor” substitute “Northern Ireland Judicial
Appointments Commission”.
      (3)
After rule 6(3) insert—
15
   “(3A)
The period and the terms mentioned in paragraph (3) are to be
determined by the Commission with the agreement of the justice
department (within the meaning of the Justice (Northern Ireland)
Act 2002).”
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
20
29
In Article 6(1) for “Lord Chancellor” substitute “Northern Ireland Judicial
Appointments Commission”.
30    (1)
Amend Article 7 as follows.
      (2)
In paragraphs (1), (2) and (4) for “Lord Chancellor” substitute “Northern
Ireland Judicial Appointments Commission”.
25
      (3)
In paragraph (3) for “Lord Chancellor” substitute “justice department
(within the meaning of the Justice (Northern Ireland) Act 2002)”.
      (4)
In paragraph (4) for “numbers” to “appointments,” substitute “terms and
conditions of appointments to the panel”.
31
After paragraph 1(1) of Schedule 1 insert—
30
   “(1A)
Those terms 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).”
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
35
32
In Article 82(1), (3) and (6) for “Lord Chancellor” substitute “Northern
Ireland Judicial Appointments Commission”.
Justice (Northern Ireland) Act 2002 (c. 26)
33    (1)
Amend section 9 as follows.

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
25

      (2)
In subsection (1) for “Lord Chancellor” substitute “Commission”.
      (3)
In subsections (2)(a), (3), (4) and (5) for “Lord Chancellor” substitute “justice
department”.
      (4)
For subsection (11) substitute—
“(11)
The justice department must pay to lay magistrates any such
5
allowances as it may determine.”
34    (1)
Amend section 90 as follows.
      (2)
In subsection (1)(c) after “deputy First Minister” insert “or the justice
department”.
      (3)
After subsection (1) insert—
10
“(1A)
An order containing provision made by virtue of section 9(4) shall be
subject to affirmative resolution (within the meaning of section 41(4)
of the Interpretation Act (Northern Ireland) 1954).”
      (4)
In subsection (4) omit “9(4),”.
35    (1)
Amend Schedules 1 and 6 as follows.
15
      (2)
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”.
20
      (3)
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
25

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”.
      (4)
In Schedule 1, after the entries inserted by sub-paragraph (3), insert—
30

“Chairman of an Appeal Tribunal for the purposes of the
Adoption (Northern Ireland) Order 1987”.
36
Omit paragraphs 14 and 17(2) of Schedule 4.
37
Omit paragraph 13 of Schedule 12.
38
In Schedule 13 omit—
35
(a)
the repeal of words in section 10(1) of the Magistrates’ Courts Act
(Northern Ireland) 1964 (c. 21 (N.I.));
(b)
the repeal of words in section 90(4) of the Justice (Northern Ireland)
Act 2002 (c. 26).

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
26

Criminal Injuries Compensation (Northern Ireland) Order 2002 (S.I. 2002/796 (N.I. 1))
39    (1)
Amend Article 7 as follows.
      (2)
In paragraphs (1)(b) and (2)(b) for “Secretary of State” substitute “Northern
Ireland Judicial Appointments Commission”.
      (3)
In paragraph (3) after “by the Secretary of State” insert “or the Northern
5
Ireland Judicial Appointments Commission”.
      (4)
In paragraph (3)(a) for “Secretary of State considers appropriate” substitute
“person making the appointment determines”.
      (5)
After paragraph (3) insert—
“(3A)
For an appointment by the Northern Ireland Judicial Appointments
10
Commission, the terms and conditions mentioned in paragraph
(3)(a) are to be determined with the agreement of the justice
department (within the meaning of the Justice (Northern Ireland)
Act 2002).”
      (6)
Omit paragraph (6).
15
40
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))
41    (1)
Amend Schedule 2 as follows.
20
      (2)
In paragraph 1(2)(a) for “First Minister and deputy First Minister” substitute
“justice department (within the meaning of the Justice (Northern Ireland)
Act 2002)”.
      (3)
In paragraph 2(1) for “First Minister and deputy First Minister acting jointly”
substitute “Northern Ireland Judicial Appointments Commission”.
25
      (4)
After paragraph 3(1) insert—
   “(1A)
For a member of the chairmen’s panel, 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
30
Ireland) Act 2002).”
      (5)
In paragraph 3(2) for “First Minister and deputy First Minister” substitute
“Commission”.
      (6)
Omit paragraph 7 and the heading immediately before it.
Traffic Management (Northern Ireland) Order 2005 (S.I. 2005/1964 (N.I. 14))
35
42    (1)
Amend Article 29 as follows.
      (2)
In paragraph (1) for “First Minister and deputy First Minister acting jointly”
substitute “Northern Ireland Judicial Appointments Commission”.

Northern Ireland Bill
Schedule 4 — Transfer of appointment and related functions
27

      (3)
After paragraph (4) insert—
“(4A)
The term mentioned in paragraph (3) and the terms mentioned in
paragraph (4) are to be determined by the Commission with the
agreement of the justice department (within the meaning of the
Justice (Northern Ireland) Act 2002).”
5
      (4)
In paragraph (5) for “Office of the First Minister and deputy First Minister”
substitute “Commission”.
      (5)
Omit paragraph (6).
      (6)
In paragraph (7) for “paragraph (6)” substitute “section 7 of the Justice
(Northern Ireland) Act 2002”.
10
      (7)
Omit paragraph (8).
Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland)
2005 (S.R. 2005/150)
43
In regulation 2(1), in the definitions of “President” and “Vice-President”, for
“Lord Chancellor” substitute “Northern Ireland Judicial Appointments
15
Commission”.
44    (1)
Amend regulation 4 as follows.
      (2)
In paragraphs (1)(a) and (2) for “Lord Chancellor” substitute “Northern
Ireland Judicial Appointments Commission”.
      (3)
After paragraph (2) insert—
20
“(2A)
For a member of the panel of chairmen, the terms mentioned in
paragraph (2) are to be determined by the Commission with the
agreement of the justice department (within the meaning of the
Justice (Northern Ireland) Act 2002).”
Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R.
25
2005/151)
45
In regulation 2(1), in the definitions of “President” and “Vice-President”, for
“Lord Chancellor” substitute “Northern Ireland Judicial Appointments
Commission”.
46    (1)
Amend regulation 5 as follows.
30
      (2)
In paragraph (2) for “Lord Chancellor” substitute “Northern Ireland Judicial
Appointments Commission”.
      (3)
After paragraph (2) insert—
“(2A)
The terms mentioned in paragraph (2) are to be determined by the
Commission with the agreement of the justice department (within
35
the meaning of the Justice (Northern Ireland) Act 2002).”
Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
47    (1)
Amend Schedule 2 as follows.
      (2)
In paragraph 1(2) for “First Minister and deputy First Minister acting jointly”
substitute “Northern Ireland Judicial Appointments Commission”.
40

Northern Ireland Bill
Schedule 5 — Consequential amendments and transitional provision
Part 1 — Consequential amendments
28

      (3)
In paragraph 1(4) for “First Minister and deputy First Minister acting jointly”
substitute “justice department (within the meaning of the Justice (Northern
Ireland) Act 2002)”.
      (4)
After paragraph 3(1) insert—
   “(1A)
The terms mentioned in sub-paragraph (1) are to be determined by
5
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”
substitute “Northern Ireland Judicial Appointments Commission”.
10
      (6)
For paragraph 5 substitute—
“5
The justice department (within the meaning of the Justice
(Northern Ireland) Act 2002) may pay to the members of the
Tribunal such remuneration and other allowances as that
department may determine.”
15
      (7)
Omit paragraph 11 and the heading immediately before it.
Schedule 5
Section 2

Consequential amendments and transitional provision
Part 1
Consequential amendments
20
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
1
For section 102(1) substitute—
“(1)
Her Majesty may appoint a qualified person to be a judge.”
2
For section 134 substitute—
“134
Evidence of health
25
Before selecting any person for recommendation for appointment as
a county court judge, the Northern Ireland Judicial Appointments
Commission must take steps to satisfy itself that that person’s health
is satisfactory.”
Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))
30
3
In section 9(1) omit “, on the recommendation of the Lord Chancellor,”.
Northern Ireland Act 1998 (c. 47)
4
After paragraph 2 of Schedule 11 insert—
“2A   (1)
The Lord Chancellor may only appoint persons to the Tribunal
who have been selected by the Northern Ireland Judicial
35
Appointments Commission as follows.