# Lay Magistrates (Eligibility) (Northern Ireland) Order 2004, Article 2: Eligibility of persons for appointment as Lay Magistrates

Extent: N.I.

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 administrative 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 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,
(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 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) 1996;
(xviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xix) the Director General of the National Crime Agency,
(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,
(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;
(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii) the Director General of the National Crime Agency,
(xviii) a National Crime Agency officer;
(g) if he is a close relative of –
(i) the Police Ombudsman for Northern Ireland,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) the Director, or deputy Director of Public Prosecutions for Northern Ireland;
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) the Director General of the National Crime Agency;
(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,
(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.
(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;
(i) if he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged or 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;
(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 or 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.

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Source: https://www.legislation.gov.uk/nisr/2004/246/article/2 (the official version)
Page: https://openlegislation.uk/lay-magistrates-eligibility-northern-ireland-order-2004/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.