[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 [F3in any county court] .
(4)Subject to sub-sections (2) and (3), the[F2Lord Chief Justice] [F4may assign a judge to one or more division] and may from time to time vary any such assignment.
(5)The judge[F5, 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.]
F6[(6)In this Act “judge” means a county court judge, that is to say a judge appointed under this section.] [F7and “division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for all or the residual purposes of a county court.]
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(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 51(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
F4Words in s. 102(4) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 51(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
F5Words 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)
F7Words in s. 102(6) inserted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 51(c) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
(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.]
F8S. 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 [F9 unless[F10 he is—
(a)a member of the Bar of Northern Ireland of at least ten years' standing; or
(b)a solicitor of the[F11Court 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.
F11Words 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)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subs. (3) rep. by 2002 c. 26
[F13(4)Every judge shall vacate his office on the day on which he attains the age of [F1475]]
F12S. 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)
F14Word in s. 105(4) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 6(2) (with Sch. 1 para. 43)
(1)There shall be paid to each judge such salary as may be determined by the Lord Chancellor with the consent of[F16 the Treasury].
(2)The salary payable to any judge shall begin from the date on which the judge takes the[F17required oath or makes the required affirmation and declaration].
[F18(3)The Department of Justice may pay to any judge such allowances as may be determined by the Lord Chancellor with the consent of the Treasury.]
F17Words 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)
F18S. 106(3) substituted for s. 106(3)(4) (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 5
(1)The[F20Northern Ireland Judicial Appointments Commission] may appoint as deputy judge[F21 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[F22Court of Judicature] of at least ten years' standing.]
[F23(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 [F24Department of Justice].]
(2)The appointment of a person as a deputy judge shall specify the term for which he is appointed [F25as determined under subsection (1A)].
[F26(3)Subject to subsection (4), the Commission may, with the agreement of a deputy judge and the [F27Department of Justice], from time to time extend, for such period as it thinks appropriate, the term for which the deputy judge is appointed.]
[F28(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 [F2975]]
(5)A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects [F30 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)[F31The 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[F32 the Treasury], determine.]
F20Words 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
F22Words 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
F23S. 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
F24Words 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)
F25Words 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
F26S. 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
F27Words 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)
F29Word in s. 107(4) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 6(3) (with Sch. 1 para. 43)
F31Words 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)