OpenLegislation

Article 2 Eligibility of persons for appointment as Lay MagistratesI1

Northern Ireland

Unless the Lord Chancellor otherwise determines in the case of a particular person, no person shall be appointed to be a Lay Magistrate –

(a)

if he does not reside or work in, or within 15 miles of, the F1administrative court division to which the appointment relates;

(b)

if he is a member of –

(i)

the House of Commons or the House of Lords,

(ii)

the European Parliament,

(iii)

the Scottish Parliament,

(iv)

the National Assembly for Wales,

(v)

the Northern Ireland Assembly, or

(vi)

either House of the Irish Parliament;

(c)

if he has been selected (whether formally or informally) as a prospective candidate for election to any such House, Parliament or Assembly;

(d)

if he is employed as a paid agent of a political party seeking representation in any such House, Parliament or Assembly;

(e)

if he is –

(i)

a member of the Police Service of Northern Irelandf1,

(ii)

a member of the Police Service of Northern Ireland Reservef2,

(iii)

a member of the Northern Ireland Policing Boardf3,

(iv)

an employee of the Northern Ireland Policing Board,

(v)

the Police Ombudsman for Northern Irelandf4,

(vi)

an employee of the Police Ombudsman for Northern Ireland,

F2(vii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ix)

the Director, or deputy Director of Public Prosecutions for Northern Irelandf5,

(x)

a member of staff of the Director of Public Prosecutions for Northern Ireland,

(xi)

a member of Her Majesty’s Regular Armed Forces,

(xii)

a member of staff of the Northern Ireland Prison Service,

(xiii)

a member of staff of the Youth Justice Agency,

(xiv)

a member of the Probation Board for Northern Irelandf6,

(xv)

a member of staff of the Probation Board for Northern Ireland,

(xvi)

a practising barrister or solicitor,

(xvii)

a member of the panel of guardians ad litem appointed under the Guardians Ad Litem (Panel) Regulations (Northern Ireland) 1996f7;

F3(xviii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(xix)

the Director General of the National Crime Agency,

F5(xx)

a National Crime Agency officer;

(f)

if he is the spouse or partner of –

(i)

a member of the Police Service of Northern Ireland,

(ii)

a member of the Police Service of Northern Ireland Reserve,

(iii)

a member of the Northern Ireland Policing Board,

(iv)

an employee of the Northern Ireland Policing Board,

(v)

the Police Ombudsman for Northern Ireland,

(vi)

an employee of the Police Ombudsman for Northern Ireland,

F6(vii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ix)

the Director, or deputy Director of Public Prosecutions for Northern Ireland,

(x)

a member of staff of the Director of Public Prosecutions for Northern Ireland,

(xi)

a member of Her Majesty’s Regular Armed Forces,

(xii)

a member of staff of the Northern Ireland Prison Service,

(xiii)

a member of staff of the Youth Justice Agency,

(xiv)

a member of the Probation Board for Northern Ireland,

(xv)

a member of the panel of guardians ad litem appointed under the Guardians Ad Litem (Panel) Regulations (Northern Ireland) 1996;

F7(xvi)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(xvii)

the Director General of the National Crime Agency,

F9(xviii)

a National Crime Agency officer;

(g)

if he is a close relative of –

(i)

the Police Ombudsman for Northern Ireland,

F10(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

the Director, or deputy Director of Public Prosecutions for Northern Ireland;

F11(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(v)

the Director General of the National Crime Agency;

F13(vi)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

if he, his spouse or partner is a former –

(i)

member of the Police Service of Northern Ireland,

(ii)

member of the Police Service of Northern Ireland Reserve,

(iii)

member of the Northern Ireland Policing Board,

(iv)

Police Ombudsman for Northern Ireland,

(v)

Director of the Assets Recovery Agency,

(vi)

member of staff of the Assets Recovery Agency (including its deputy Director and assistant Director),

(vii)

Director, or deputy Director of Public Prosecutions for Northern Ireland,

(viii)

member of staff of the Director of Public Prosecutions for Northern Ireland,

(ix)

member of staff of the Northern Ireland Prison Service,

(x)

member of staff of the Youth Justice Agency,

F14(xi)

a member of the Board of the Serious Organised Crime Agency,

(xii)

the Director General of the Serious Organised Crime Agency,

(xiii)

a member of staff of the Serious Organised Crime Agency.

F15(xiv)

the Director General of the National Crime Agency;

(xv)

a National Crime Agency officer;

unless a period of more than two years has elapsed since that person ceased to hold such an office or have such an occupation;

F16(i)

if he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged F17or he is a person in relation to whom a moratorium period under a debt relief order applies or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

F18(ia)

if he is the subject of a bankruptcy restrictions order under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986 F19or he is the subject of a debt relief restrictions order under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB to the Insolvency Act 1986; or

(j)

if he has been convicted of an offence punishable by a term of imprisonment.

Annotations

Textual amendments

F1

Word in art. 2(a) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 128 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)

F2

Art. 2(e)(vii)(viii) revoked (1.4.2008) by The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 (S.I. 2008/574), art. 1, Sch. para. 8(2)(a)

F3

Art. 2(e)(xviii) omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(2)(a)

F4

Art. 2(e)(xix) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(2)(b)

F5

Art. 2(e)(xx) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(2)(c)

F6

Art. 2(f)(vii)(viii) revoked (1.4.2008) by The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 (S.I. 2008/574), art. 1, Sch. para. 8(3)(a)

F7

Art. 2(f)(xvi) omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(3)(a)

F8

Art. 2(f)(xvii) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(3)(b)

F9

Art. 2(f)(xviii) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(3)(c)

F10

Art. 2(g)(ii) revoked (1.4.2008) by The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 (S.I. 2008/574), art. 1, Sch. para. 8(4)(a)

F11

Art. 2(g)(iv) omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(4)(a)

F12

Art. 2(g)(v) substituted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(4)(b)

F13

Art. 2(g)(vi) omitted (7.10.2013) by virtue of The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(4)(a)

F14

Art. 2(h)(xi)-(xiii) inserted (1.4.2008) by The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 (S.I. 2008/574), art. 1, Sch. para. 8(5)

F15

Art. 2(h)(xiv)(xv) inserted (7.10.2013) by The Crime and Courts Act 2013 (Consequential Amendments and Saving Provision) Order 2013 (S.I. 2013/2318), art. 1(2), Sch. para. 47(5)

F16

Art. 2(i) substituted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 32(2)(a)

F17

Words in art. 2(i) 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. 39(a)

F18

Art. 2(ia) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 32(2)(b)

F19

Words in art. 2(ia) 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. 39(b)

Commencement

I1

Art. 2 in operation at 1.9.2004, see art. 1(1)

Footnotes

f1

Section 1(1) of the Police (Northern Ireland) Act 2000 (c. 32)

f2

Section 1(3) of the Police (Northern Ireland) Act 2000 (c. 32)

f3

Section 2 of the Police (Northern Ireland) Act 2000 (c. 32)

f4

Section 51 of the Police (Northern Ireland) Act 1998 (c. 32)

f5

Article 4 of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))

f6

Article 3 of the Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10))

f7

Regulation 4 of the Guardians Ad Litem (Panel) Regulation (Northern Ireland) 1996 (S.R. 1996 No. 128)