Northern Ireland Bill

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Session 2008 - 09
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Northern Ireland Bill

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.