The Magistrates' Courts (Northern Ireland) Order 1981

[F1Costs in legal proceedingsN.I.

6A.—(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[F2 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,[F2 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,[F2 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,[F2 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 may[F3, 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.

[F4(4A) 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].]