OpenLegislation

Section 107 Deputy judges.F1

Northern Ireland

(1)

TheF2Northern Ireland Judicial Appointments Commission may appoint as deputy judgeF3 a person who is—

(a)

a member of the Bar of Northern Ireland of at least ten years' standing; or

(b)

a solicitor of theF4Court of Judicature of at least ten years' standing.

F5(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 F6Department of Justice.

(2)

The appointment of a person as a deputy judge shall specify the term for which he is appointed F7as determined under subsection (1A).

F8(3)

Subject to subsection (4), the Commission may, with the agreement of a deputy judge and the F9Department of Justice, from time to time extend, for such period as it thinks appropriate, the term for which the deputy judge is appointed.

F10(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 F1175

(5)

A deputy judge shall, while he is so acting, have the like authority, jurisdiction, powers and privileges as a judge in all respects [F12 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)

F13The 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 ofF14 the Treasury, determine.]

Annotations

Textual amendments

F1

1978 c. 23

F2

Words 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

F3

2002 c. 26

F4

Words 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

F5

S. 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

F6

Words 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)

F7

Words 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

F8

S. 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

F9

Words 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)

F10

1993 c. 8

F11

Word 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)

F12

1980 NI 3

F13

Words 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)

F14

1991 NI 24