Justice (Northern Ireland) Act 2002

Section 3

SCHEDULE 2Judicial Appointments Commission

Members' tenure

1(1)Subject as follows, a judicial member of the Commission is a member for so long as he holds the judicial office entitling him to membership.

(2)The First Minister and deputy First Minister, acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice.

(3)A judicial member may resign by notice in writing to the Office of the First Minister and deputy First Minister.

2(1)Subject as follows, a non-judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(2)A person may not be appointed as a non-judicial member for more than five years at a time; and the aggregate period for which a person may be a non-judicial member must not exceed ten years.

(3)A non-judicial member may resign by notice in writing to the Office of the First Minister and deputy First Minister.

(4)The First Minister and deputy First Minister, acting jointly, may dismiss a non-judicial member if satisfied that—

(a)he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b)he has been convicted of a criminal offence,

(c)a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d)he is otherwise unable or unfit to exercise his functions.

Salary etc. of non-judicial members

3The Commission must pay to or in respect of each non-judicial member of the Commission any such salary or allowances as the First Minister and deputy First Minister, acting jointly, may determine.

Staff

4(1)The Commission may employ staff, but subject to the approval of the First Minister and deputy First Minister as to—

(a)numbers,

(b)salary, and

(c)other terms of employment.

(2)The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

(a)the civil service of the United Kingdom,

(b)the civil service of Northern Ireland, or

(c)the Court Service,

as it considers appropriate for or in connection with the exercise of its functions.

(3)Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)) can apply; and, accordingly, in Schedule 1 to that Order (employments etc. to which Article 3 can apply), insert at the appropriate place—

“Employment in the Northern Ireland Judicial Appointments Commission.”

Annual report

5(1)The Commission must, as soon as possible after the end of each financial year, prepare a report on how it has exercised its functions during the financial year.

(2)Each annual report must include information about the persons who have applied to be, and the persons who have been, selected to be appointed or recommended for appointment by the Commission during the financial year to which it relates.

(3)The information to be included about any persons in an annual report must include information about their gender, age, ethnic origins and community background and the part of Northern Ireland (if any) with which they regard themselves as being most closely associated.

(4)But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained.

(5)The Commission must send a copy of each annual report to the Office of the First Minister and deputy First Minister.

(6)The First Minister and deputy First Minister, acting jointly, must lay before the Assembly a copy of each annual report received by their Office under sub-paragraph (5).

(7)After a copy of a report has been laid before the Assembly, the Commission must arrange for it to be published.

(8)In this paragraph “financial year” means—

(a)the period beginning with the day on which section 3 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b)each subsequent period of twelve months beginning with 1st April.

Financial provisions

6The First Minister and deputy First Minister, acting jointly, may make grants to the Commission.

7(1)The Commission must—

(a)keep proper accounts and proper financial records, and

(b)prepare in respect of each financial year a statement of accounts.

(2)The statement of accounts must—

(a)contain such information, and

(b)be in such form,

as the First Minister and deputy First Minister, acting jointly, direct.

(3)The Commission must send copies of the statement of accounts relating to a financial year to—

(a)the Office of the First Minister and deputy First Minister, and

(b)the Comptroller and Auditor General for Northern Ireland,

within such period after the end of the financial year as the First Minister and deputy First Minister, acting jointly, direct.

(4)The Comptroller and Auditor General for Northern Ireland must—

(a)examine, certify and report on the statement of accounts, and

(b)lay a copy of the statement of accounts and of his report on it before the Assembly.

(5)In this paragraph “financial year” has the same meaning as in paragraph 5.

Committees and sub-committees

8(1)The Commission may establish committees.

(2)Any committee of the Commission may establish sub-committees.

(3)A committee or sub-committee may consist of or include persons who are not members of the Commission.

(4)The Commission may pay to or in respect of any member of a committee or sub-committee who is neither a member of the Commission nor a member of staff of the Commission any such salary or allowances as the Commission may determine.

Proceedings

9The Commission may regulate—

(a)its own procedure (including quorum), and

(b)the procedure (including quorum) of its committees and their sub-committees.

10The validity of any proceedings of the Commission, or of any of its committees or their sub-committees, is not affected by—

(a)any vacancy amongst the members, or

(b)any defect in the appointment of a member.

Delegation

11(1)The Commission may delegate any of its functions (to such extent as it determines) to any of its committees.

(2)A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee.

12If the function of selecting a person for appointment, or recommendation for appointment, to an office is delegated to a committee or sub-committee, the committee or sub-committee must include a member of the Commission and, unless he is a lay member, a person who is eligible to be a lay member.

Miscellaneous

13(1)The Commission is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

14The Commission may do anything, apart from borrowing money, which it considers is—

(a)appropriate for facilitating, or

(b)incidental or conducive to,

the exercise of its functions.

15The application of the seal of the Commission is to be authenticated by the signature of any member, or member of staff, of the Commission who has been authorised (whether generally or specially) for the purpose.

16Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.

17A document purporting to be—

(a)duly executed by the Commission under its seal, or

(b)signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

18In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

19In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

Freedom of information

20In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”