|
| |
|
(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 |
| |
| |
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. |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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) |
| |
| |
| |
| 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 |
| |
| |
(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, |
| |
| |
(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 |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
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 |
| |
| 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 |
| |
| |
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 |
| |
| 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. |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
| |
(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 |
| |
(c) | to include in its report any recommendations it has for |
| |
changes to the way in which judicial office holders are |
| |
| |
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 |
| |
(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 |
| |
| |
|
| |
|