Article 6A Costs in legal proceedingsF1

Northern Ireland

(1)

A court may not order any resident magistrate,F2 lay magistrate or clerk of petty sessions to pay costs in any proceedings in respect of any act or omission of his in the execution (or purported execution) of his duty—

(a)

as a resident magistrate or a lay magistrate; or

(b)

as such a clerk exercising, by virtue of any statutory provision, any of the functions of a magistrates' court.

(2)

Paragraph (1) does not apply in relation to—

(a)

any proceedings in which a resident magistrate, lay magistrate or clerk of petty sessions is being tried for an offence or is appealing against a conviction; or

(b)

any proceedings in which it is proved that a resident magistrate, lay magistrate or clerk of petty sessions acted in bad faith in respect of the matters giving rise to the proceedings.

(3)

Where a court is prevented by paragraph (1) from ordering a resident magistrate, lay magistrate or clerk of petty sessions to pay costs in any proceedings, the court may instead order the making by the Lord Chancellor of a payment in respect of the costs of a person in the proceedings.

(4)

The Lord Chancellor mayF3, after consultation with the Lord Chief Justice, by regulations specify—

(a)

circumstances when a court shall or shall not exercise the power conferred on it by paragraph (3); and

(b)

how the amount of any payment ordered under that paragraph is to be determined.

(F44A)

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4)—

(a)

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)

a Lord Justice of Appeal (as defined in section 88 of that Act).

(5)

Regulations under paragraph (4) shall be subject to F5negative resolution.

Annotations

Textual amendments

F1: 1999 c. 22
F2: 2002 c. 26
F3: Words in art. 6A(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 62(2); S.I. 2006/1014, art. 2(a), Sch. 1
F4: Art. 6A(4A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 62(3); S.I. 2006/1014, art. 2(a), Sch. 1
F5: Words in art. 6A(5) 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. 132 (with arts. 28-31); S.I. 2010/977, art. 1(2)