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

29

 

      (2)  

The Lord Chancellor may at any time by notice require the

Commission to select a person for appointment.

      (3)  

The Commission must then select a person for appointment and

notify the Lord Chancellor accordingly.

      (4)  

The Lord Chancellor must then appoint the selected person.

5

      (5)  

Section 5A of, and Part 4 of Schedule 3 to, the Justice (Northern

Ireland) Act 2002 apply for the purposes of selections under this

paragraph as they apply for the purposes of selections under that

Schedule.”

Justice (Northern Ireland) Act 2004 (c. 4)

10

5          

Omit sections 3 to 5 and paragraph 3 of Schedule 1.

Constitutional Reform Act 2005 (c. 4)

6     (1)  

Amend Schedule 5 as follows.

      (2)  

In paragraph 115(2) omit “8(7),”.

      (3)  

Omit paragraphs 116 and 123.

15

7     (1)  

Amend paragraph 4 of Schedule 7 as follows.

      (2)  

Omit the entries for the following—

(a)   

section 102(1) of the County Courts Act (Northern Ireland) 1959 (c.

25 (N.I.));

(b)   

sections 9(1) and 12A(2) of the Magistrates’ Courts Act (Northern

20

Ireland) 1964 (c. 21 (N.I.));

(c)   

sections 1(2) and 3(1) and (2) of the Lands Tribunal and

Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.));

(d)   

sections 12, 12B, 70(1), (3), (5) and (6) and 103(3) of the Judicature

(Northern Ireland) Act 1978 (c. 23);

25

(e)   

paragraphs 1, 2 and 3 of Schedule 3 to the Mental Health (Northern

Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

(f)   

Article 22(2)(a) and (b) and (4)(b) of the Education (Northern Ireland)

Order 1996 (S.I. 1996/274 (N.I. 1));

(g)   

Articles 6(1) and 7(1) and (4) of the Social Security (Northern Ireland)

30

Order 1998 (S.I. 1998/1506 (N.I. 10));

(h)   

Article 82(1), (3) and (6) of the Fair Employment and Treatment

(Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21));

(i)   

sections 5(3), (4), (5), (6) and (7) and 9(1) and (11) of the Justice

(Northern Ireland) Act 2002 (c. 26);

35

(j)   

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)).

      (3)  

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)”.

40

      (4)  

In the entries relating to the Judicature (Northern Ireland) Act 1978

(a)   

at the appropriate places insert “Sections 12B and 12C” and “Section

70(1B)”;

 
 

Northern Ireland Bill
Schedule 5 — Consequential amendments and transitional provision
Part 2 — Transitional provision

30

 

(b)   

for “74(1), (3) and (5)” substitute “74(5)”.

      (5)  

In the entries relating to the Northern Ireland Act 1998 (c. 47) after “2(1) and

(3),” insert “2A,”.

      (6)  

In the entries relating to the Justice (Northern Ireland) Act 2002 (c. 26) at the

appropriate place insert “Schedule 3, Part 1”.

5

8          

Omit paragraphs 36 to 39 of Schedule 17.

Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33)

9          

Omit section 28.

Part 2

Transitional provision

10

10    (1)  

This paragraph applies if—

(a)   

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

15

(b)   

when this paragraph comes into force the person has not been

appointed.

      (2)  

Section 12 of the 1978 Act applies in relation to the appointment of the

person, ignoring its substitution by this Act.

11    (1)  

This paragraph applies if before the coming into force of this paragraph a

20

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—

(a)   

section 134 of that Act, or

(b)   

section 12B of the Judicature (Northern Ireland) Act 1978.

      (2)  

In a case covered by sub-paragraph (1)(a), for the purpose of dealing with

25

the relevant matter sections 134 and 135 of the 2005 Act continue to apply,

ignoring their repeal by the Justice (Northern Ireland) Act 2002.

      (3)  

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—

30

(a)   

the repeal of section 135 by the Justice (Northern Ireland) Act 2002,

and

(b)   

the substitution of section 12B by this Act.

12    (1)  

This paragraph applies if—

(a)   

before the coming into force of this paragraph a notice under section

35

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

(b)   

at the time this paragraph comes into force, no appointment has been

40

made.

      (2)  

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

 
 

Northern Ireland Bill
Schedule 5 — Consequential amendments and transitional provision
Part 2 — Transitional provision

31

 

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.

13         

Paragraph 8(2) of Schedule 3 to this Act has no effect in relation to

5

maladministration alleged to have occurred before the coming into force of

paragraph 8(2) (whether or not a complaint is made before then).

14         

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

10

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.

15         

In section 9I(2) of the Justice (Northern Ireland) Act 2002 (as amended by

paragraph 11 of Schedule 3 to this Act)—

15

(a)   

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);

20

(b)   

in paragraph (ba) the reference to Schedule 3 to the 2002 Act is to be

read as including a reference to section 5 of the 2002 Act before its

substitution by this Act (including as applied by paragraph 12 of this

Schedule).

16    (1)  

This paragraph applies in relation to a function which, by virtue of Schedule

25

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).

      (2)  

Anything done by, on behalf of or in relation to A in relation to the function

30

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.

      (3)  

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.

35

      (4)  

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.

40

      (5)  

In sub-paragraphs (2) to (4) above, references to A include references to any

person who had the function before A.

      (6)  

This paragraph is subject to paragraph 12 of this Schedule.

 
 

Northern Ireland Bill
Schedule 6 — Review of arrangements for judicial appointments and removals etc

32

 

Schedule 6

Section 2

 

Review of arrangements for judicial appointments and removals etc

1          

After section 29B of the Northern Ireland Act 1998 (c. 47) insert—

“29C    

Review of functions relating to judicial appointments and removals

Standing orders shall require one of the committees established by

5

virtue of section 29 or the committee established by virtue of section

29A—

(a)   

to review the operation of the amendments made by

Schedules 2 to 5 to the Northern Ireland Act 2009,

(b)   

to report on its review by a specified date that is before 1 May

10

2012, and

(c)   

to include in its report any recommendations it has for

changes to the way in which judicial office holders are

appointed and removed.”

2     (1)  

From 1 May 2012, no new members may be appointed to the Northern

15

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.)

      (2)  

A resolution for the purposes of sub-paragraph (1) must be passed with the

20

support of—

(a)   

a majority of the members voting on the motion for the resolution,

(b)   

a majority of the designated Nationalists voting, and

(c)   

a majority of the designated Unionists voting.

           

“Designated Nationalist” and “designated Unionist” have the meanings

25

given by section 4(5) of the Northern Ireland Act 1998.

      (3)  

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.

 
 

 
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