[F1(1)Her Majesty may appoint a qualified person to be a judge.]
(2)A judge shall sit in the county court in accordance with directions given by the[F2Lord Chief Justice].
(3)A judge may, in accordance with such directions, sit as a judge for any division.
(4)Subject to sub-sections (2) and (3), the[F2Lord Chief Justice] shall assign[F3one or more judges] to each division and may from time to time vary any such assignment.
(5)The judge[F4, or (if more than one) one of the judges,] assigned to the division which is or includes—
(a)the area of the city of Belfast shall be styled the Recorder of Belfast;
(b)the area of the city of Londonderry shall be styled the Recorder of Londonderry.]
F5[(6)In this Act “judge” means a county court judge, that is to say a judge appointed under this section.]
F1S. 102(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(4), 5(7)(a), Sch. 5 para. 1; S.I. 2010/812, art. 2
F2Words in s. 102(2)(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 8; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)
F3Words in s. 102(4) substituted (16.4.2007) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 85, 87, Sch. 12 para. 4(2); S.R. 2007/237, art. 2, Sch. para. 6(a)
F4Words in s. 102(5) inserted (16.4.2007) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 85, 87, Sch. 12 para. 4(3); S.R. 2007/237, art. 2, Sch. para. 6(a)
(1)The Lord Chief Justice must appoint one of the judges to be the Presiding judge with responsibility for the county courts and the other judges and the deputy judges.
(2)The person appointed as Presiding judge holds that office in accordance with the terms of his appointment.
(3)If the office of Presiding judge becomes vacant, the Lord Chief Justice may appoint a judge to act as Presiding judge, pending a new appointment.]
F6S. 102A inserted (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 13, 87; S.R. 2006/124, art. 2, Sch. para. 2
(1)A person shall not be qualified to be appointed a judge [F7 unless[F8 he is—
(a)a member of the Bar of Northern Ireland of at least ten years' standing; or
(b)a solicitor of the[F9Court of Judicature] of at least ten years' standing.]
(2)A judge, so long as he holds office as such, shall not practise at the bar or be directly or indirectly concerned as a conveyancer, notary public or solicitor.
F9Words in art. 103(1)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2
S. 104 rep. by 1964 c. 21 (NI)
(1)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subs. (3) rep. by 2002 c. 26
[F11(4)Every judge shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (F12. . . power to authorise continuance in office up to the age of 75).]
F10S. 105(1)(1A) repealed (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2006/124, art. 2, Sch. para. 11(b)
F12Words in s. 105(4) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss.15, 148, 146, Sch. 5 para. 9, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2, Sch. 1 para. 12(a)
(1)There shall be paid to each judge such salary as may be determined by the Lord Chancellor with the consent of[F14 the Treasury].
(2)The salary payable to any judge shall begin from the date on which the judge takes the[F15required oath or makes the required affirmation and declaration].
(3)The Lord Chancellor with the approval of[F14 the Treasury] may allow to any judge, for the purpose of defraying his travelling and subsistence expenses, such sum as appears reasonable.]
[F16(4)Sums payable under subsection (3) are to be paid by the Department of Justice.]
F15Words in s. 106(2) substituted (16.4.2007) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 85, 87, Sch. 12 para. 5; S.R. 2007/237, art. 2, Sch. para. 6(a)
(1)The[F18Northern Ireland Judicial Appointments Commission] may appoint as deputy judge[F19 a person who is—
(a)a member of the Bar of Northern Ireland of at least ten years' standing; or
(b)a solicitor of the[F20Court of Judicature] of at least ten years' standing.]
[F21(1A)The term for which a person is appointed as a deputy judge is to be determined by the Commission with the agreement of the [F22Department of Justice].]
(2)The appointment of a person as a deputy judge shall specify the term for which he is appointed [F23as determined under subsection (1A)].
[F24(3)Subject to subsection (4), the Commission may, with the agreement of a deputy judge and the [F25Department of Justice], from time to time extend, for such period as it thinks appropriate, the term for which the deputy judge is appointed.]
[F26(4)Neither the initial term for which a deputy judge is appointed nor any extension of that term under subsection (3) shall be such as to continue his appointment as a deputy judge after the day on which he attains the age of seventy; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (F27. . . power to authorise continuance in office up to the age of 75).]
(5)A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects [F28 and a reference in any statutory provision to, or which is to be construed as a reference to, a county court judge shall, for the purposes of or in relation to any proceedings in a county court, be construed as including a reference to a deputy judge appointed under this section].
(6)Where the hearing of any proceedings duly commenced before any deputy judge is adjourned or judgment is reserved therein, that deputy judge shall, notwithstanding anything in sub-section (2) or (4), have power to resume the hearing and determine the proceedings or, as the case may be, to deliver the judgment so reserved.
(7)[F29The Department of Justice shall pay] to every deputy judge, except a resident magistrate, such remuneration and allowances as the Lord Chancellor may, with the concurrence of[F30 the Treasury], determine.]
F18Words in s. 107(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F20Words in s. 107(1)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2
F21S. 107(1A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F22Words in s. 107(1A) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 2; S.R. 2010/147, art. 2(2)
F23Words in s. 107(2) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F24S. 107(3) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 3(5) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F25Words in s. 107(3) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 2; S.R. 2010/147, art. 2(2)
F27Words in s. 107(4) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 5 para. 10, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1
F29Words in s. 107(7) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 105 (with arts. 28-31); S.I. 2010/977, art. 1(2)