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Change 1
As published
109 Liability of resident magistrates etc. in Northern Ireland for damages and costs.
(1) The Magistrates’ Courts (Northern Ireland) Order 1981 shall be amended as follows.
(2) For Articles 5 and 6 (general immunity of resident magistrates etc.) there shall be substituted the following Articles—
Immunity of resident magistrates etc. for acts within jurisdiction.
5 No action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—
(a) in the execution of his duty—
(i) as such a magistrate or justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; and
(b) with respect to any matter within his jurisdiction.
Immunity for certain acts beyond jurisdiction.
6 An action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—
(a) in the purported exercise of his duty—
(i) as such a magistrate or justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; but
(b) with respect to a matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
(3) After Article 145 there shall be inserted the following Article—
Immunity of county court judges hearing appeals under this Part.
145A Articles 5, 6 and 10 shall apply in relation to a county court judge sitting in connection with an appeal under this Part as they apply in relation to a resident magistrate.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
109 Liability of resident magistrates etc. in Northern Ireland for damages and costs.
(1) The Magistrates’ Courts (Northern Ireland) Order 1981 shall be amended as follows.
(2) For Articles 5 and 6 (general immunity of resident magistrates etc.) there shall be substituted the following Articles—
Immunity of resident magistrates etc. for acts within jurisdiction.
5 No action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—
(a) in the execution of his duty—
(i) as such a magistrate or justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; and
(b) with respect to any matter within his jurisdiction.
Immunity for certain acts beyond jurisdiction.
6 An action shall lie against any resident magistrate, justice of the peace or clerk of petty sessions in respect of any act or omission of his—
(a) in the purported exercise of his duty—
(i) as such a magistrate or justice; or
(ii) as such a clerk exercising, by virtue of any statutory provision, any function of a magistrates’ court; but
(b) with respect to a matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
(3) After Article 145 there shall be inserted the following Article—
Immunity of county court judges hearing appeals under this Part.
145A Articles 5, 6 and 10 shall apply in relation to a county court judge sitting in connection with an appeal under this Part as they apply in relation to a resident magistrate.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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