MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 6 Persons disqualified for acting as justices.

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 6

Persons disqualified for acting as justices.

6.(1) A person shall not be capable of acting as a justice of the peace whilst
he holds office as under-sheriff, [member of the Northern Ireland Court
Service, notary public or commissioner for oaths].

(2) If any justice of the peace is adjudged bankrupt, or makes any arrangement
or composition with his creditors under the
Irish Bankrupt and Insolvent Act 1857 or the
Bankruptcy (Ireland) Amendment Act 1872, he shall be and remain incapable of
acting as a justice of the peace until he has been again appointed a justice
of the peace.

(3) A person who is adjudged bankrupt shall not be capable of being appointed
a justice of the peace unless and until either the adjudication of bankruptcy
against him is annulled or he obtains from the High Court, [together with a
certificate of conformity, a further certificate that his bankruptcy was
caused by misfortune without any misconduct on his part, which further]
[either at the time of or subsequent to his discharge from bankruptcy a
certificate that in the opinion of the Court his bankruptcy was caused by
misfortune without any misconduct on his part, which] certificate may be
issued or refused by the court in its discretion subject to a right of the
bankrupt to appeal against the refusal thereof.

(4) A person shall not be deemed incapable, on grounds of interest or bias, of
acting as a justice of the peace in relation to any matter concerning a local
authority by reason only that

(a)he is a member of that authority;

(b)he is one of several persons liable to be assessed to, or to pay, rates
[made] by that authority; or

(c)he is one of any other class of persons liable in common with the others to
contribute to, or be benefited by, any rate or fund maintained by that
authority or out of which the expenses of that authority are required or
authorised to be defrayed.

(5) Except as provided by subsection (4), nothing in this section shall affect
the operation of any rule of law disqualifying a person for acting as justice
of the peace in any matter on the ground of interest or bias.

(6) This section shall not prejudice or affect the operation of

(a)any enactment imposing a disqualification in consequence of any corrupt or
illegal practice at an election; or

(b)any enactment (not being an enactment repealed by this Act) which provides
that a justice of the peace shall not act in a capacity specified in that
enactment.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 6