Justice (Northern Ireland) Act 2002

Section 5

SCHEDULE 3Appointment to listed judicial offices

Temporary High Court judges

1In section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23) (appointment of temporary High Court judges)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister”, and

(b)for “he may” substitute “they may, acting jointly,”.

County court judges and deputy county court judges

2The County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) has effect subject to the following amendments.

3In section 102(1) (appointment of county court judges), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

4(1)Section 107 (deputy county court judges) is amended as follows.

(2)In subsection (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In subsection (3)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”, and

(b)for “he thinks” substitute “they think”.

5In section 134 (evidence of health of person recommended for appointment as county court judge), for “Lord Chancellor shall take steps to satisfy himself” substitute “First Minister and deputy First Minister shall take steps to satisfy themselves”.

6After section 136 insert—

“136ACharges on Northern Ireland Consolidated Fund

There shall be charged on and paid out of the Consolidated Fund of Northern Ireland the salaries payable to judges under section one hundred and six.”

Resident magistrates and deputy resident magistrates

7The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) has effect subject to the following amendments.

8In section 9(1) (appointment of resident magistrates), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

9In section 10(1) (appointment of deputy resident magistrates)—

(a)for “The Lord Chancellor” substitute “The First Minister and deputy First Minister, acting jointly,”,

(b)for “the Lord Chancellor”, in the first place, substitute “they”, and

(c)for the words from “such conditions” to the end substitute—

“(a)such terms and conditions relating to removal from office as the First Minister and deputy First Minister, acting jointly, may determine; and

(b)such other terms and conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine.”

10In section 168(2) (payment of salaries), for “the United Kingdom” substitute “Northern Ireland”.

Coroners and deputy coroners

11The Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect subject to the following amendments.

12In section 1 (administration of matters relating to coroners), for “The Lord Chancellor” substitute “Subject to the provisions of this Act, the First Minister and deputy First Minister, acting jointly,”.

13For section 2(1) substitute—

“(1)The First Minister and deputy First Minister, acting jointly, may appoint one, or more than one, coroner and deputy coroner—

(a)for such district or districts and on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and

(b)on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor, after consultation with the Treasury, may determine;

and the Lord Chancellor may, in exercise of his powers under section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23), appoint coroner’s officers and other officers to assist such coroners.”

14In section 3 (power to amalgamate coroners' districts), for “Lord Chancellor, as from such date as he” substitute “First Minister and deputy First Minister, acting jointly, as from such date as they”.

15In section 6(2) (inability or failure of coroner to discharge duties)—

(a)for “Lord Chancellor may in writing” substitute “First Minister and deputy First Minister, acting jointly, may in writing”, and

(b)for “the Lord Chancellor may specify” substitute “they may specify”.

Statutory officers and deputies and temporary appointments

16The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

17(1)Section 70 (appointment of statutory officers) is amended as follows.

(2)For subsection (1) substitute—

“(1)Appointments to the offices listed in column 1 of Schedule 3 shall be made by the First Minister and deputy First Minister, acting jointly, after consultation with the Lord Chief Justice—

(a)on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and

(b)on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine with the concurrence of the Treasury;

and persons holding such offices are in this Act referred to as “statutory officers”.”

(3)In subsection (3)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister”,

(b)for “he may” substitute “they may jointly”, and

(c)for “he considers” substitute “they consider”.

(4)In subsection (5), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(5)In subsection (6), for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

18(1)Section 74 (deputies and temporary appointments) is amended as follows.

(2)In subsection (1)—

(a)for “to the Lord Chancellor” substitute “to the First Minister and deputy First Minister”,

(b)for “he” substitute “they, acting jointly,”,

(c)for “as the Lord Chancellor” substitute “as they”, and

(d)for “thinks” substitute “think”.

(3)In subsection (3), for “Lord Chancellor otherwise directs” substitute “First Minister and deputy First Minister, acting jointly, otherwise direct”.

Chief Social Security Commissioner, Social Security Commissioners and deputy Social Security Commissioners for Northern Ireland

19(1)Section 50 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (appointment of Social Security Commissioners for Northern Ireland) is amended as follows.

(2)In subsection (1)—

(a)after “time to time” insert “, on the recommendation of the First Minister and deputy First Minister, acting jointly,”, and

(b)for the words from “such number” to the end substitute “other Social Security Commissioners.”

(3)In subsection (2)—

(a)for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”,

(b)for “he should” substitute “they should”,

(c)for “he may” substitute “they may jointly”, and

(d)for “Lord Chancellor thinks” substitute “First Minister and deputy First Minister think”.

Chief Child Support Commissioner, Child Support Commissioners and deputy Child Support Commissioners for Northern Ireland

20The Child Support Act 1991 (c. 48) has effect subject to the following amendments.

21In section 23(1) (appointment of Child Support Commissioners for Northern Ireland)—

(a)after “time to time” insert “, on the recommendation of the First Minister and deputy First Minister, acting jointly,”, and

(b)for the words from “such number” to the end substitute “other Child Support Commissioners.”

22In paragraph 8(d) of Schedule 4 (application of provisions relating to Child Support Commissioners to Northern Ireland)—

(a)before paragraph (i) insert—

“(ai)in sub-paragraph (1), for “Lord Chancellor” there were substituted “First Minister and deputy First Minister, acting jointly,”;”, and

(b)after paragraph (i) insert—

“(ia)in paragraph (b) of sub-paragraph (2), for “Lord Chancellor thinks” there were substituted “First Minister and deputy First Minister think”;”

President and members of appeal tribunals

23The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) has effect subject to the following amendments.

24In Article 6(1) (appointment of the President of appeal tribunals), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

25(1)Article 7 (appointment of panel of persons to act as members of appeal tribunals) is amended as follows.

(2)In paragraph (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In paragraph (2), for “Lord Chancellor thinks” substitute “First Minister and deputy First Minister think”.

(4)In paragraph (3), for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

(5)In paragraph (4), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

Chairmen of Social Care Tribunals in Northern Ireland

26The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) has effect subject to the following amendments.

27(1)Article 30 (constitution of panels of persons available to act as chairmen and members of Social Care Tribunals in Northern Ireland) is amended as follows.

(2)In paragraph (1)(a), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In paragraph (3), for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”.

28In Article 31(2) (constitution of tribunal), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

President and Vice President of the Industrial Tribunals and the Fair Employment Tribunal and chairmen of the Fair Employment Tribunal

29(1)Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) (appointment of President and Vice-President of the Industrial Tribunals and the Fair Employment Tribunal and of chairmen of the Fair Employment Tribunal) is amended as follows.

(2)In paragraph (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In paragraph (3), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(4)In paragraph (6), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

30The Fair Employment Tribunal Regulations (Northern Ireland) 1989 (S.R. 1989 No. 444) have effect subject to the following amendments.

31In regulation 2(2), in the definitions of “the President” and “the Vice-President”, for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

32In regulation 4(1) (resignation of chairmen of the Fair Employment Tribunal for Northern Ireland), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

33In regulation 2(2) of the Fair Employment Tribunal (Rules of Procedure) Regulations 1989 (S.R. 1989 No. 445), in the definitions of “the President” and “Vice-President”, for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

President and other members of the Lands Tribunal for Northern Ireland

34The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) has effect subject to the following amendments.

35In section 1(2) (appointment of President and other members), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

36In section 3(1) and (2) (appointment of deputy President and temporary members), for “Governor” substitute “First Minister and deputy First Minister, acting jointly,”.

President and chairmen of Special Educational Needs Tribunal for Northern Ireland

37(1)Article 22 of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) (appointment of President and chairmen of Special Educational Needs Tribunal for Northern Ireland) is amended as follows.

(2)In paragraph (2)—

(a)for “Lord Chancellor;” substitute “First Minister and deputy First Minister, acting jointly;”, and

(b)for “Lord Chancellor of” substitute “First Minister and deputy First Minister, acting jointly, of”.

(3)In paragraph (3)(a), for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”.

(4)In paragraph (4)(b), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

Members of tribunal established under section 91 of the Northern Ireland Act 1998

38(1)Schedule 11 to the Northern Ireland Act 1998 (c. 47) (tribunal established under section 91 of that Act) is amended as follows.

(2)In paragraph 2(1), for “Lord Chancellor as he” substitute “First Minister and deputy First Minister, acting jointly, as they”.

(3)In paragraph 2(3), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(4)In paragraph 3(1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(5)In paragraph 3(4), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(6)In paragraph 4—

(a)for “Lord Chancellor” (in each place) substitute “First Minister and deputy First Minister”,

(b)for “he may determine” (in each place) substitute “they may determine”,

(c)in sub-paragraph (2), for “he thinks fit” substitute “they think fit”, and

(d)in sub-paragraph (3), for “he may pay” substitute “they may pay”.

Members of the Mental Health Review Tribunal for Northern Ireland

39(1)Schedule 3 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (Mental Health Review Tribunal for Northern Ireland) is amended as follows.

(2)In paragraph 1—

(a)for “appointed by the Lord Chancellor” (in each place) substitute “appointed by the First Minister and deputy First Minister, acting jointly,”, and

(b)for “Lord Chancellor considers” (in both places) substitute “First Minister and deputy First Minister consider”.

(3)In paragraph 2, for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(4)In paragraph 3, for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

Lay magistrates

40This Act has effect subject to the following amendments.

41(1)Section 9 is amended as follows.

(2)In subsections (1), (3) and (4), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In subsection (2), for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

(4)In subsection (5), for “Lord Chancellor otherwise determines” substitute “First Minister and deputy First Minister, acting jointly, otherwise determine”.

(5)In subsection (11)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister”, and

(b)for “he may” substitute “they may jointly”.

42(1)Section 90 is amended as follows.

(2)In subsection (2), after “2(2)(b)” insert “or 9(4)”.

(3)In subsection (4), omit “9(4),”.