Judicature (Northern Ireland) Act 1978

Part IU.K. Constitution of the Supreme Court of Judicature of Northern Ireland

1 The Supreme Court.U.K.

There shall be a Supreme Court of Judicature of Northern Ireland (in this Act referred to as “the Supreme Court”) which shall consist of—

(a)Her Majesty’s High Court of Justice in Northern Ireland (in this Act referred to as “the High Court”);

(b)Her Majesty’s Court of Appeal in Northern Ireland (in this Act referred to as “the Court of Appeal”); and

(c)Her Majesty’s Crown Court in Northern Ireland (in this Act referred to as “the Crown Court”),

with such jurisdiction as is respectively conferred on those courts by this Act or by any other statutory provision.

2 The High Court.U.K.

(1)The High Court shall consist of the Lord Chief Justice of Northern Ireland (in this Act referred to as “the Lord Chief Justice”)F1. . . and [F2not more than ten puisne judges] who shall be styled “ Judges of the High Court.”

(2)All the judges of the High Court shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the High Court of Justice in Northern Ireland were customarily addressed heretofore.

(3)Her Majesty may by Order in Council from time to time amend subsection (1) so as to vary the maximum number of puisne judges.

(4)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been approved by resolution of each House of Parliament.

3 The Court of Appeal.U.K.

(1)The Court of Appeal shall consist of the Lord Chief JusticeF3. . . and three other judges who shall be styled “Lords Justices of Appeal”.

(2)Every judge of the High Court shall be a judge of the Court of Appeal for the purposes of its jurisdiction in a criminal cause or matter and for those purposes shall have all the jurisdiction of a judge of the Court of Appeal.

(3)All the judges of the Court of Appeal shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the Court of Appeal in Northern Ireland were customarily addressed heretofore.

(4)Her Majesty may by Order in Council from time to time amend subsection (1) so as to vary the number of Lords Justices of Appeal.

(5)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been approved by resolution of each House of Parliament.

[F4(6)Her Majesty may by Order in Council from time to time create divisions or additional divisions of the Court of Appeal or provide that any division be abolished; and any such Order in Council may contain such provision as may appear to Her Majesty to be necessary or proper for that purpose and may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to Her Majesty to be necessary or expedient to do so in consequence of the Order.]

4 The Crown Court.U.K.

(1)There shall be a Crown Court in Northern Ireland whose jurisdiction shall be exercisable by the Lord Chief JusticeF5. . . , any judge of the High Court or the Court of Appeal or any county court judge.

(2)The persons mentioned in subsection (1) shall, when exercising the jurisdiction of the Crown Court, be judges of the Crown Court but a county court judge shall not, except when exercising such jurisdiction, be deemed to be a judge of the Supreme Court.

(3)In any statutory provision relating to the Crown Court (including a provision of this Act) references to a judge of the High Court shall include references to a judge of the Court of Appeal.

5 Divisions of the High Court.U.K.

(1)There shall be three divisions of the High Court, namely—

(a)the Chancery Division;

(b)the Queen’s Bench Division; and

(c)the Family Division.

(2)Her Majesty may by Order in Council from time to time create additional divisions of the High Court or provide that any division be abolished and any such Order in Council may contain such provision as may be necessary or proper for that purpose.

(3)A judge of the High Court may sit in any division.

(4)Without prejudice to any statutory provision relating to or affecting the distribution of business in the High Court, all jurisdiction vested in the High Court shall belong to all the divisions alike.

6 Judges of one court empowered to assist another.U.K.

(1)A Lord Justice of Appeal may at any time at the request of the Lord Chief Justice sit and act as a judge of the High Court.

(2)A judge of the High Court shall, if requested to do so by the Lord Chief Justice, sit and act as a judge of the Court of Appeal when that court is exercising jurisdiction other than jurisdiction in a criminal cause or matter.

7 Further assistance for transaction of judicial business.U.K.

(1)A person who not being a judge of the High Court or the Court of Appeal—

(a)holds or has held the office of a Lord of Appeal in Ordinary and before his appointment to that office [F6was a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court, of at least ten years’ standing]; or

(b)has held the office of a judge of the High Court or the Court of Appeal,

may [F7at anytime] at the request of the [F8Lord Chief Justice] sit and act as a judge of the High Court or the Court of Appeal [F9at any time on or before the day on which he attains the age of seventy-five.]

(2)A county court judge shall, if requested to do so by the [F8Lord Chief Justice], sit and act as a judge of the High Court.

(3)If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court he may appoint a person qualified for appointment as a judge of the High Court to sit and act as a judge of the High Court.

(4)For any period during which a person who does not hold office as a Lord of Appeal in Ordinary or as a county court judge sits and acts under this section there may be paid to him such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

[F10(5)The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

8 Additional provisions as to persons rendering judicial assistance.U.K.

(1)A person may sit and act under section 6 or 7 as a judge of a court for the purpose of a particular case or cases or during a specified period and whether or not all the judges of that court are sitting or are available to sit.

(2)Every person while sitting and acting under section 6 or 7 shall, subject to subsection (3), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is sitting and acting.

(3)A person shall not by virtue of subsection (2) be treated as a judge of the court in which he is sitting and acting for the purposes of any statutory provision relating to—

(a)the appointment, retirement, removal or disqualification of judges of that court;

(b)the tenure of office and oaths to be taken by such judges; or

(c)the remuneration, allowances or pensions of such judges.

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F129 Qualification to be judge of High Court or Court of AppealU.K.

A person is not qualified for appointment as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court unless he is—

(a)a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b)a solicitor of the Supreme Court of at least ten years’ standing.]

10 Judicial precedence.U.K.

(1)The Lords Justices of Appeal shall rank among themselves according to the priority of their appointment as judges of the Court of Appeal.

(2)The judges of the High Court shall rank next after the judges of the Court of Appeal and among themselves according to the priority of their appointment as judges of the High Court.

11 Exercise of functions of Lord Chief Justice.U.K.

(1)Anything which by virtue of this Act or any other statutory provision is for the time being authorised or required to be done to or by the Lord Chief Justice may, if the Lord Chief Justice is not available because of absence or other reason or if his office is vacant, be done during such unavailability or vacancy to or by the senior Lord Justice of Appeal who is available.

(2)Nothing in subsection (1) shall confer on a Lord Justice of Appeal the power of making a permanent appointment to any office.

12 Appointment of judges.U.K.

(1)Whenever the office of a judge of the High Court or of a Lord Justice of Appeal is vacant, a person may be appointed thereto by Her Majesty by letters patent under the Great Seal of Northern Ireland.

(2)Whenever the office of Lord Chief Justice becomes vacant, a successor may be appointed by Her Majesty by letters patent under the Great Seal of Northern Ireland.

[F1512BTenure of officeU.K.

(1)The Lord Chief Justice, Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993).

(2)Her Majesty may on an address presented to Her Majesty by both Houses of Parliament remove a person from office as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court.

(3)A motion for the presentation of an address to Her Majesty for the removal of a person from any of those offices may be made—

(a)to the House of Commons only by the Prime Minister; and

(b)to the House of Lords only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, by another Minister of the Crown at his request.

(4)No motion for the presentation of such an address may be made unless a tribunal convened under section 135 of the Constitutional Reform Act 2005 has reported to the Lord Chancellor recommending that the person be removed from the office on the ground of misbehaviour.

(5)The Prime Minister shall lay a copy of the report before the House of Commons before making a motion for the presentation of an address in that House; and a person making such a motion in the House of Lords shall lay a copy of the report before that House before making the motion.

(6)If the Prime Minister and Lord Chancellor are considering the making of motions for the presentation of an address to Her Majesty in relation to the Lord Chief Justice, the Prime Minister may suspend him from office; and if they are considering the making of such motions in relation to a Lord Justice of Appeal or a judge of the High Court the Prime Minister may suspend him from office with the agreement of the Lord Chief Justice.

(7)If a person is suspended from an office under subsection (6), he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected).]

13 Tenure of office, oath, etc.U.K.

(1)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 Vacation of office.U.K.

(1)The Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court may vacate his office by resignation in writing under his hand addressed to the Lord Chancellor.

(2)The High Court and the Court of Appeal shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of either court.

(3)Nothing in subsection (1) shall affect the operation of section 12 of the M1Administration of Justice Act 1973 (retirement of higher judiciary in the event of incapacity).

15 Power of judges to act in cases relating to rates and taxes.U.K.

(1)The Lord Chief Justice, a Lord Justice of Appeal, a judge of the High Court or a judge of the Crown Court shall not be incapable of acting in his judicial office in any proceeding by reason of his being as one of several ratepayers or as one of any other class of persons liable, in common with others, to contribute to or eligible to be benefited by any rate or tax which may be increased, diminished or in any way affected by that proceeding.

(2)In this section the expression “rate or tax” means any rate, tax, duty or assessment whether public, general or local, and also any fund formed from the proceeds of any such rate, tax, duty or assessment, or applicable to the purposes to which any such rate, tax, duty or assessment might be applied or similar purposes.