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(3) The Attorney General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Attorney General for Northern Ireland is accountable to the Assembly.

(4) The Advocate General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Advocate General for Northern Ireland is accountable to Parliament.

(5) The Director must send a copy of each annual report prepared by him to—

(a) the Attorney General for Northern Ireland, and

(b) the Advocate General for Northern Ireland.

(6) The Attorney General for Northern Ireland must lay before the Assembly a copy of each annual report received by him under subsection (5); and the Advocate General for Northern Ireland must lay before each House of Parliament a copy of each annual report so received by him.

(7) If a part of an annual report is excluded from publication under section 39(4)—

(a) the same exclusion is to be made from the copies which are laid under subsection (6), and

(b) a statement that the part has been excluded is to be laid with those copies.

43 Appointment and removal of Director by Attorney General

(1) The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director.

(2) The Director or Deputy Director—

(a) may be removed from office by the Attorney General for Northern Ireland if a tribunal convened under subsection (4) has reported to him recommending that the Director or Deputy Director be removed on the ground of misbehaviour or inability to perform the functions of the office, and

(b) may be suspended from office by the Attorney General for Northern Ireland (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Attorney General for Northern Ireland that he be suspended.

(3) If the Director or Deputy Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

(4) A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland.

(5) A tribunal is to consist of—

(a) a person who holds the office of Lord of Appeal in Ordinary or high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)) and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and

(b) a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.

(6) The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor.

(7) The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5).

(8) The procedure of a tribunal is to be determined by its chairman.

(9) The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.

Supplementary

44 Interpretation

(1) For the purposes of this Part proceedings in relation to an offence are instituted—

(a) where a summons is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), when the complaint for the offence is made under that Article,

(b) where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article,

(c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge,

(d) where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court.

(2) Where the application of subsection (1) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times.

(3) Where proceedings are instituted on the making of a complaint under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), section 31(1) does not require the Director to do anything until the summons or warrant issued under that Article has been served or executed.

(4) For the purposes of this Part references to the conduct of any proceedings include discontinuing the proceedings and the taking of any steps which may be taken in relation to the proceedings (including making representations on appeals or applications for judicial review or in bail applications).

(5) For the purposes of this Part binding over proceedings shall be taken to be criminal proceedings.

(6) “Binding over proceedings” means any proceedings instituted (whether by way of complaint under Article 127 of the Magistrates' Courts (Northern Ireland) Order 1981 or otherwise) with a view to obtaining from a magistrates' court an order requiring a person to enter into a recognisance to keep the peace or to be of good behaviour.