Paragraph 2

Northern Ireland

(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.

C1(3)

A non-judicial member may resign by notice in writing to the F1Lord Chancellor.

C2(4)

The F2Lord Chancellor 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 F3or he has become the subject of a bankruptcy restrictions order F4or a debt relief order has been made in respect of him or he has become the subject of a debt relief restrictions order, 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.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 2(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(4); S.R. 2005/282, art. 3
F2: Words in Sch. 2 para. 2(4) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(5); S.R. 2005/282, art. 3
F3: Words in Sch. 2 para. 2(4)(c) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. Pt. 1 para. 12(3)
F4: Words in Sch. 2 para. 2(4)(c) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 19(2)

Modifications

C1: Sch. 2 para. 2(3): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(3) (with arts. 15(6), 28-31)
C2: Sch. 2 para. 2(4): transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(2) (with arts. 15(6), 28-31)