COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

Type Act

Publication 1961-08-16

Last updated 2026-06-23

State Partially repealed

Text Latest available text

Source Irish Statute Book

articles 78

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

72 amending acts · 2026-06-23, revised-IE-1961-act-39@2026-06-23

Reform history JSON API

(b) Paragraph (a) of this subsection applies only in relation to the qualification for appointment of the first justices of the District Court.

(2) A person who is for the time being a practising barrister or solicitor of not less than ten years' standing shall be qualified for appointment as a justice of the District Court.

(3) A barrister or solicitor who actually practised his profession for not less than ten years shall be qualified for appointment as a justice of the District Court if for the time being he holds an office in respect of which it was (at the time of his appointment thereto) required by statute that every person appointed thereto should be or should have been—

(a) a practising solicitor, or

(b) a practising barrister or solicitor.

(4) Where a person (being, immediately before the operative date, a justice of the existing District Court by virtue of a warrant made under section 2 of the Act of 1949) is appointed a justice of the District Court, he shall, for the purposes of the Act of 1949, as applied by section 48 of this Act, be deemed to have been continued in office under the Act of 1949, as so applied, for a year commencing on the date on which he attained—

(a) if the warrant is the first in respect of him, sixty-five years or

(b) if the warrant is the second in respect of him, sixty-six years, or

(d) if the warrant is the fourth in respect of him, sixty-eight years, or

(e) if the warrant is the fifth in respect of him, sixty-nine years.

F56[(5) Section 45A provides an additional basis for qualification for appointment as a judge of the District Court.

(6) In this section, "practising barrister" has the same meaning as it has in the Act of 2015.]

30. Age of retirement of justice of District Court.

30.—(1) The age of retirement of a justice of the District Court shall be F57[seventy] years.

(2) Notwithstanding subsection (1) of this section, the age of retirement of a justice of the District Court who, immediately before the 29th day of July, 1946, was a justice of the existing District Court and as such justice was permanently assigned to the Dublin Metropolitan District shall be seventy years.

(3) The references in section 2 of the Act of 1949, as applied by section 48 of this Act, to section 15 (repealed by this Act) of the Act of 1946 shall be construed as references to subsection (1) of this section.

31. Pensions of justices of District Court.

31.—(1) The provisions set out in Part III of the Second Schedule to this Act shall apply to the pensions of justices of the District Court.

(2) Where a justice of the District Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity.

32. District court areas and districts and assignment of justices to districts.

32.—(1) The areas created under section 21 (repealed by this Act) of the Act of 1953 shall be the district court areas for the purposes of the District Court.

(2) The districts created under section 22 (repealed by this Act) of the Act of 1953 and the Dublin Metropolitan District shall be the district court districts for the purposes of the District Court.

(3) The provisions (which relate to the assignment of justices of the District Court to districts) set out in the Sixth Schedule to this Act shall have effect.

32A. F59[Exercise of certain powers by judge of District Court outside district court district.

32A.—(1) This section applies to the following powers of a judge of the District Court:

(a) the power to issue a warrant for the arrest of a person;

(b) the power to issue a warrant to a member of the Garda Síochána or, if appropriate, any other person authorising the entry to, and search of, any place or premises (including a dwelling) and, if appropriate, the search of any person found at such place or premises for all or any of the following purposes:

(i) the gathering of evidence of, or relating to, the commission or attempted commission of any criminal offence;

(ii) the gathering of evidence of, or relating to, the contravention in any other respect of any provision of an enactment;

(iii) ascertaining whether there is or has been compliance with any provision of an enactment;

(iv) the gathering of evidence of, or relating to, assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or to their identity or whereabouts;

(c) the power to make an order, upon the application of a member of the Garda Síochána or, if appropriate, any other person, directing another person to produce, make available for inspection or to give access to any particular document, material or thing, or documents, material or things of a particular description, for the purposes of investigating—

(i) any criminal offence,

(ii) whether there is or has been a contravention in any other respect of any provision of an enactment, or

(iii) whether a person has benefited from assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996) or is in receipt of or controls F60[such assets or proceeds;]

F61[(d) the power to issue, vary or renew an authorisation under section 5 or 6 of the F62[Criminal Justice (Surveillance) Act 2009;].]

F63[(e) any of the following powers under Part 3 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010:

(i) the power to order a person not to carry out any service or transaction;

(ii) the power to revoke an order referred to in subparagraph (i);

(iii) the power to make an order in relation to property if considered essential to do so for the purpose of enabling—

(I) the person who applies for the order to discharge the reasonable living and other necessary expenses incurred or to be incurred in respect of the person or the person’s dependants, or

(II) the person who applies for the order to carry on a business, trade, profession or other occupation to which any of the property relates.]

(2) A judge of the District Court may, in relation to a relevant district, exercise while in any place in the State outside that relevant district any of the powers to which this section applies for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court in that relevant district.

(3) Without prejudice to the generality of paragraph (b) of subsection (1) of this section, a warrant may fall within that paragraph notwithstanding that the warrant or the power under which it is issued authorises all or any of the following:

(a) the entry, if necessary by the use of force, to a place or premises (including a dwelling);

(b) the doing of acts in addition to the acts specified in subsection (1)(b) of this section;

(c) the execution of the warrant by a person other than the member of the Garda Síochána or, if appropriate, any other person to whom it is issued;

(d) the accompaniment of the person executing the warrant by any other persons during the execution thereof.

(4) Without prejudice to the generality of paragraph (c) of subsection (1) of this section, an order may fall within that paragraph notwithstanding that the order or the power under which it is made authorises all or any of the following:

(a) a member of the Garda Síochána or any other person to enter a place for the purpose of inspecting or getting access to any document, material or thing or documents, material or things of a particular description;

(b) the execution of the order by a person other than the member of the Garda Síochána or, if appropriate, any other person who applies for it;

(c) the retention, or copying, for the purposes of proceedings (criminal or civil) by a member of the Garda Síochána or any other person of any document, material or thing, or documents, material or things of a particular description, produced, made available for inspection or to which access is given.

(5) In this section—

"enactment" means a statute or an instrument made under a power conferred by statute;

"district" means a district court district;

"relevant district", in relation to a judge of the District Court, means a district—

(a) to which he or she is permanently assigned under paragraph 2 of the Sixth Schedule to this Act,

(b) to which he or she is temporarily assigned under F64[subparagraph (1), (2) or (2A) of paragraph 3 of the said Schedule], or

(c) in relation to which he or she is acting in the circumstances specified in subparagraph (1), (2) or (3) of paragraph 4 of the said Schedule for another judge of the District Court who is permanently assigned to the district.]

33. Jurisdiction of District Court.

33.—(1) There shall be vested in and transferred to the District Court—

(a) all jurisdiction which, by virtue of sections 77 and 78 of the Act of 1924, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court,

(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing District Court.

(2)
(a) In this subsection—

“the Act of 1890” means the Public Health Acts Amendment Act, 1890, as applied to Ireland by subsection (9) of section 12 of that Act and as amended by section 14 of the Act of 1935;

“the Act of 1935” means the Public Dance Halls Act, 1935.

(b) Section 51 (which relates to music and dancing licences) of the Act of 1890 shall have effect as if for the references therein to licensing justices there were substituted references to the District Court.

(c) The jurisdiction vested in the District Court by this subsection shall be exercised by the justice of the District Court for the time being assigned to the district where there is situate the house, room, garden or other place in respect of which the licence under section 51 of the Act of 1890 is sought.

(d) Subsections (2) and (3) of section 2 and section 9 of the Act of 1935 shall have effect as if the references therein to a public dancing licence included references to a licence under paragraph 2 of section 51 of the Act of 1890.

(3) The District Court shall have jurisdiction to hear and determine an action for wrongful detention (including jurisdiction to make an order for the return of the goods claimed) where the value of the goods claimed does not exceed F65[€15,000].

(4)
(a) The District Court shall have jurisdiction to hear and determine any action commenced after the commencement of this Act which is founded on a credit-sale agreement (within the meaning of the F65[Consumer Credit Act 1995 or to which section 17(2) of that Act refers]) where the amount of the claim does not exceed F65[€15,000].

(b) Paragraph (a) of section 53 of the Act of 1936 shall not apply to an action—

(i) in which the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation in the State, and

(ii) to which paragraph (a) of this subsection relates.

34. Jurisdiction to be exercised pursuant to rules of court (District Court).

34.—The jurisdiction which is by virtue of this Act vested in or exercisable by the District Court shall be exercised as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court made under section 91 of the Act of 1924, as applied by section 48 of this Act.

34A. F67[Jurisdiction of Family District Court and exercise of jurisdiction by judges of Family District Court

34A.— ...]

Provisions relating to the President of the District Court and to the Dublin Metropolitan District

35. Qualification for appointment as President of the District Court and assignment.

35.—(1) (a) A justice of the District Court shall be qualified for appointment as President of the District Court, provided however that a person who is a justice of the existing District Court immediately before the operative date shall be qualified for appointment as first President of the District Court.

(b) A person who is qualified for appointment as a justice of the District Court shall be qualified for appointment as President of the District Court, other than as first President thereof.

(2) The President of the District Court shall be permanently assigned by the Government to the Dublin Metropolitan District.

(3) F68[…]

36. General powers of President of the District Court.

36.—(1) For ensuring the prompt and efficient discharge of the business of the District Court in the several districts thereof, the President of the District Court shall have and exercise the powers conferred on him by subsections (2), (3) and (4) of this section.

(2) F70[…]

(b) In the course of an investigation under this subsection, the President shall consult the justice concerned.

(3)
(a) The President of the District Court may convene meetings of the justices of the District Court for the purpose of discussing matters relating to the discharge of the business of that Court, including, in particular, such matters as the avoidance of undue divergences in the exercise by the justices of the jurisdiction of that Court and the general level of fines and other penalties.

(b) Such meetings shall not be convened more frequently than twice in one year.

(c) Every justice shall attend at every such meeting unless unable to do so owing to illness or any other unavoidable cause and, where a justice is unable to attend such a meeting, he shall as soon as may be inform the President of the reason therefor.

(4) The President of the District Court may, whenever he thinks fit, make recommendations to the Minister in relation to the following matters:

(a) the number of justices of the District Court to be assigned to the Dublin Metropolitan District;

(b) the places for holding the District Court in or for any district court area; and

(c) the days and hours for holding the District Court in or for any district court area other than the area for the time being comprising the Dublin Metropolitan District.

F71[(5) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

(a) the President of the District Court, or

(b) any other judge of the District Court as may be nominated for that purpose by the President of the District Court,

may, subject to any practice direction issued under subsection (6), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the District Court.

(6) The President of the District Court may, in the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions (in this section referred to as "practice directions") in relation to the conduct of proceedings before the District Court.

(7) A practice direction may relate to—

(a) civil or criminal proceedings, or both, or

(b) a class or classes of civil or criminal proceedings, or both,

and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the District Court to be necessary or expedient for the purposes of the direction.

(8) A practice direction shall be published in such manner as the President of the District Court may direct.

(9) Subsections (5) to (8) are without prejudice to any powers of the District Court in respect of proceedings before it.]

36A. F72[Functions of Principal Judge of Family District Court

36A.— ...]

37. Abolition of Divisions of Dublin Metropolitan Justices.

37.—On and from the operative date, the three Divisions of the justices permanently assigned to the Dublin Metropolitan District, being the Divisions formed by section 5 (repealed by this Act) of the Act of 1946, shall stand abolished.

38. Principal Justices of the Dublin Metropolitan District.

38.—(1) Each person who was nominated under subsection (1) of section 6 (repealed by this Act) of the Act of 1946 to be a Principal Justice of a Division of the Dublin Metropolitan Justices and who is appointed under subsection (1) of section 29 of this Act to be a justice of the District Court shall hold the office of Principal Justice of the Dublin Metropolitan District (to which District such person shall be permanently assigned by the Government) and shall hold that office so long as he holds the office of justice of the District Court.

(2) Where a person who holds the office of Principal Justice of the Dublin Metropolitan District ceases to hold that office, that office, in so far as it was held by that person, shall stand abolished.

39. F73[Number of judges permanently assigned to districts.

39.—The Minister may after consultation with the President of the District Court, determine the number of judges in the District Court to be assigned permanently to the Dublin Metropolitan District or other District Court District and may from time to time, as the Minister thinks fit, after consultation with the said President, alter the number of judges to be assigned to a particular District.]

40. Places at which business of Dublin Metropolitan District is to be transacted.

40.—On the operative date, the Minister shall, after consultation with the President of the District Court, appoint the places in the Dublin Metropolitan District for the transaction of the business of the District Court in that District and may from time to time, as he shall think fit, after consultation with the said President, alter the places so appointed.

41. Number of sitting days in each week for justices assigned to Dublin Metropolitan District.

41.—The Minister may from time to time, as he shall think fit, after consultation with the President of the District Court, determine the number of days in each week on which the justices of the District Court assigned to the Dublin Metropolitan District shall normally sit in that District for the transaction of the business of the District Court.

42. Business of District Court in Dublin Metropolitan District.

42.—(1) The President of the District Court shall—

F74[(a) arrange for the distribution of the business of the District Court in the Dublin Metropolitan District or in such other District Court District where more than one judge is permanently assigned amongst the judges of the District Court assigned to the Dublin Metropolitan District or to such other District Court District, and]

(b) determine the class or classes of business to be transacted in each of the several places appointed by the Minister under section 40 of this Act for the transaction of the business of the District Court in the Dublin Metropolitan District and the days and hours at which such class or classes of business shall be transacted in the several places so appointed.

(2) Before arranging for the distribution of any business under paragraph (a) of subsection (1) of this section, the President shall consult with any Principal Justice of the Dublin Metropolitan District.

43. Restriction of section 26 of Act of 1953.

43.—Before exercising the power conferred on him by paragraph (f) of subsection (1) of section 26 of the Act of 1953, as applied by section 48 of this Act, the Minister shall consult the President of the District Court.

44. Ex officio members of District Court Rules Committee.

44.—F75[…]

PART V Miscellaneous Provisions

45. Administration of justice otherwise than in public.

45.—(1) Justice may be administered otherwise than in public in any of the following cases:

(a) applications of an urgent nature for relief by way of habeas corpus, bail, prohibition or injunction;

(b) matrimonial causes and matters;

(d) proceedings involving the disclosure of a secret manufacturing process;

(2) The cases prescribed by subsection (1) of this section shall be in addition to any other cases prescribed by any Act of the Oireachtas.

(3) Any provision contained in any statute of the Parliament of the former United Kingdom or of the Oireachtas of Saorstát Éireann which provided for the administration of justice otherwise than in public and which is not in force solely by reason of its being inconsistent with the provisions of the Constitution of Saorstát Éireann or the Constitution, as the case may be, shall have full force and effect.

45A. F76[Qualification of certain legal academics for appointment and for nomination for appointment or election to judicial office

45A.—(1) A person shall be qualified for appointment and for nomination for appointment or election to judicial office (within the meaning of the Judicial Appointments Commission Act 2023) where he or she—

(a) is for the time being—

(i) a legal academic of not less than 12 years’ standing who has been employed as such for a continuous period of not less than 2 years immediately before such appointment, or

(ii) subject to subsection (4), the head of a faculty who within the period of 12 months prior to becoming the head of that faculty was either—

(I) a legal academic of not less than 12 years’ standing (2 of which years shall have been continuous), or

(II) the head of another faculty of not less than 4 years’ standing (2 of which years shall have been continuous),

(b) is a qualified barrister (within the meaning of the Act of 2015) or a solicitor who has not been struck off the roll of solicitors (within the meaning of the Act of 2015), and

(2) For the purposes of subsection (1), a person is a legal academic where he or she is a permanent member of the academic staff of an educational establishment who—

(a) teaches one or more subjects in the field of law, or

(b) carries out, or supervises the carrying out, of research in one or more such subjects,

whether or not in conjunction with the carrying on by him or her of administrative duties relevant to that teaching, research or supervision.

(3) In computing, for the purposes of subsection (1)(a), the period of time that a person is required to have been a legal academic—

(a) a period of time, other than immediately before such appointment, served by a person as head of a faculty shall be deemed to be a period of time served by him or her as a legal academic, and

(b) a period of time spent by a person successively in employment as a legal academic in 2 or more educational establishments shall be aggregated.

(4) A reference to a person being, or having been the head of a faculty (including the reference to having been the head of another faculty) shall be construed as a reference to being, or having been, in an educational establishment, the dean, director or other overall head (by whatever name called) of a department, school or other faculty where the responsibilities of that person include the carrying on of the activities referred to in subsection (2).

(5) In this section—

"educational establishment" means—

(a) a university to which the Universities Act 1997 applies,

(b) a technological university (within the meaning of the Technological Universities Act 2018 ),

(d) the Law Society of Ireland, or

(e) an establishment, equivalent to one referred to in paragraphs (a) to (d), in a place outside the State.]

46. Provisions in relation to remuneration and pensions of judges and justices.

46.—F77[(1) On and from 25 September, 2000—

(a) the Chief Justice is entitled to be paid remuneration at the rate of £120,293 per year, and

(b) each of the other judges of the Supreme Court is entitled to be paid remuneration at the rate of £104,254 per year.

(2) On and from 25 September, 2000—

(a) the President of the High Court is entitled to be paid remuneration at the rate of £108,321 per year, and

(b) each of the other judges of the High Court is entitled to be paid remuneration at the rate of £96,002 per year.

(3) On and from 25 September, 2000—

(a) the President of the Circuit Court is entitled to be paid remuneration at the rate of £96,002 per year, and

(b) each of the other judges of the Circuit Court is entitled to be paid remuneration at the rate of £75,548 per year.

F78[(3A) On and from 25 September, 2000—

(a) the President of the District Court is entitled to be paid remuneration at the rate of £75,548 per year, and

(b) a judge of the District Court is entitled to be paid remuneration at the rate of £62,762 per year.

(3B) Remuneration payable under this section is to be paid in monthly instalments.]

F79[(3AA) Subsections (1) to (3A) shall be construed subject to subsections F84[(9) to (9B)].]

(3B) Remuneration payable under this section is to be paid in monthly instalments.]

(4) There shall be charged on and payable out of the Central Fund or the growing produce thereof—

F80[(a) the remuneration payable under this Act to a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court, and]

F80[(b) the pension payable under this Act to a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court, and]

(c) the superannuation allowance and additional allowance payable under this Act to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, and

(d) the gratuity payable under this Act in respect of a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies.

(5) Not more than one pension shall be payable under this Act to the same person.

(6) F81[…]

F82[(6) Where a person in receipt of a pension under this Act F83[or under regulations made pursuant to section 5 (1) (a) of the Courts (Supplemental Provisions) (Amendment) Act, 1991] is employed in a situation remunerated out of moneys provided by the Oireachtas or out of the Central Fund, then—

(a) such pension shall not be payable in respect of any period during which the remuneration of such person in such situation is equal to or greater than his remuneration in the judicial office in respect of which he is entitled to such pension, and

(b) so much only of such pension shall be payable in respect of any period during which the remuneration of such person in such situation is less than his remuneration in the said judicial office as with his remuneration in such situation will amount to his remuneration in the said judicial office.]

(7) In the application of subsection (5) of this section to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall be construed as references to a superannuation allowance and to an additional allowance.

(8) In the application of subsection (6) of this section to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall be construed as references to a superannuation allowance.

F84[(9)
(a) The annual sums to be paid by way of remuneration to the several judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court who were appointed to those judicial offices before the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be specified in an order made by the Government for the purpose.

(b) In making an order under paragraph (a), the Government shall have regard to the proportions that the annual sums payable by way of remuneration under this Act in respect of the different judicial offices bore to one another before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015.

(c) The amount that is specified in an order under paragraph (a) as the annual sum payable by way of remuneration in respect of a particular judicial office shall not be less than the amount that stood, immediately before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015, as the annual sum payable by way of remuneration in respect of that office.

(d) A reference in paragraph (b) to the annual sum payable by way of remuneration in respect of a judicial office shall be construed as a reference to the annual sum payable by way of remuneration in respect of a judicial office, the holder of which was appointed to that office before the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011.

(e) An order under this subsection may, if so expressed, have retrospective effect.]

F85[F84[(9A) (a) The annual sums to be paid by way of remuneration to the several judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court who were appointed to those judicial offices on or after the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be specified in an order made by the Government for the purpose.

(b) In making an order under paragraph (a), the Government shall have regard to the proportions that the annual sums payable by way of remuneration under this Act in respect of the different judicial offices referred to in paragraph (c) bore to one another before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015.

(c) In respect of each of the following judicial offices, the specification, in an order under paragraph (a), of the annual sum payable by way of remuneration shall be by means of a pay scale set out in the order:

(i) the Chief Justice;

(ii) the President of the Court of Appeal;

(iii) an ordinary judge of the Supreme Court;

(iv) the President of the High Court;

(v) an ordinary judge of the Court of Appeal;

(vi) the President of the Circuit Court;

(vii) an ordinary judge of the High Court;

(viii) the President of the District Court;

(ix) an ordinary judge of the Circuit Court or a specialist judge of the Circuit Court;

(x) an ordinary judge of the District Court.

(d) A pay scale referred to in paragraph (c) shall provide for the payment of progressively greater amounts of remuneration, within a range specified in the order, (each of which amounts is referred to in paragraphs (e) and (g) as a “point on the pay scale”), by reference to the lapse of specified periods of time since the relevant judge’s appointment (and no matter, other than such lapse of time, shall be specified in the order as a condition for the payment of any such greater amount).

(e) The first point on the pay scale, in respect of the particular judicial office, shall not be less than the amount that stood, immediately before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015, as the annual sum payable by way of remuneration in respect of that office.

(f) Any reference in paragraph (b) or (e) to the annual sum payable by way of remuneration in respect of a judicial office shall be construed as a reference to the annual sum payable by way of remuneration in respect of a judicial office, the holder of which was appointed to that office on or after the commencement of the provision referred to in paragraph (a).

(g) Where a person appointed to a judicial office on or after the commencement of the provision referred to in paragraph (a) is subsequently appointed to another judicial office and the first point on the pay scale in respect of the second-mentioned office is lower than the amount that stood as the annual sum payable by way of remuneration to the judge prior to his or her appointment to that office (the "pre-existing remuneration"), then, instead of the foregoing point on the pay scale being applicable to the judge, the point on the pay scale that stands immediately above the pre-existing remuneration shall apply to the judge.

(h) Section 7 of the Financial Emergency Measures in the Public Interest Act 2013 shall not apply to a pay scale set out in an order made under paragraph (a).

(i) An order under this subsection may, if so expressed, have retrospective effect.]

(9B) If, in the case of a person who—

(a) on the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011, holds a judicial office, and

(b) at any time after that commencement, is appointed to another judicial office, F84[the application of an order made under subsection (9A)] to the person would result in the remuneration of the person under this section being reduced, F84[then that order] shall not apply to that person and he or she shall continue to be paid the remuneration that he or she would have been entitled to be paid as the holder of the first-mentioned judicial office.

(9C) F86[…]]

F87[(10) Every order made by the Government under subsection F84[subsection (9) or (9A)] is required to be laid before each House of the Oireachtas as soon as practicable after it is made.]

46A. F88[Remuneration to be adjusted automatically by reference to salary increases in Civil Service.

46A.—(1) Whenever remuneration in the Civil Service is increased with effect from a particular day in accordance with agreements or arrangements that have effect on a general basis in the Civil Service (whether or not they also apply in relation to persons employed other than in the Civil Service), the amounts of remuneration payable under section 46 are, by the operation of this section, increased on and from that day by the same proportion.

(2) It is not necessary to make F89[an order under subsection F90[(9) or (9B)] of section 46] in order to give effect to an increase made by the operation of subsection (1).

(3) In this section, "Civil Service" has the meaning given by the Civil Service Commissioners Act, 1956.]

47. Interest on judgment debts.

47.—(1) Every judgment debt due upon a judgment of the Circuit Court F91[or decree of the District Court] obtained on or after the operative date shall be deemed a judgment debt within the meaning of section 26 (which provides that judgment debts are to carry interest) of the Debtors (Ireland) Act, 1840.

(2) Section 26 of the Debtors (Ireland) Act, 1840, and the said section 26, as extended by subsection (1) of this section, shall apply to a judgment debt due to or from a State authority.

48. Application of enactments relating to existing courts and judges and officers thereof, and rules of court.

48.—(1) (a) Subject to paragraph (b) of this subsection, this section applies to the following enactments—

(i) any enactment contained in the Courts of Justice Acts, 1924 to 1961, the Court Officers Acts, 1926 to 1961, or the Criminal Justice Act, 1951,

(ii) any other enactment wherein there is a reference to a court established by the Act of 1924 or to a judge or officer thereof,

(iii) any instrument (other than rules of court) which is in force immediately before the operative date and was made under any enactment referred to in subparagraph (i) or (ii) of this paragraph.

(b) This section does not apply to—

(i) any enactment which has been repealed before the operative date or which is repealed by this Act, or

(ii) subsection (2) of section 19 and sections 77 and 78 of the Act of 1924.

(2) In the application of this section in relation to the existing District Court and the District Court a reference to a judge shall be construed as a reference to a justice thereof.

(3) Every enactment to which this section applies shall apply to the courts established by the Principal Act and to the judges and officers thereof as if it were enacted in this Act, with and subject to—

(a) the modifications specified in subsection (5) of this section,

(b) such adaptations and other modifications as may be made by the Minister under subsection (6) of this section.

(4) Rules of court made under the enactments to which this section applies and in force immediately before the operative date shall be deemed to have been made under those enactments, as applied by subsection (3) of this section, and shall have effect accordingly, but with and subject to the modifications specified in subsection (5) of this section, and any such rules of court may be altered or annulled as if they had been made under those enactments as so applied.

(5) The following are the modifications referred to in paragraph (a) of subsection (3) and in subsection (4) of this section—

(a) a reference to the court mentioned in column (2) of Part I of the Seventh Schedule to this Act at a particular reference number shall be construed as a reference to the court mentioned in column (3) of the said Part I at that reference number,

(b) a reference to a judge of the court mentioned in column (2) of the said Part I at a particular reference number shall be construed as a reference to a judge of the court mentioned in column (3) of the said Part I at that reference number, and

(c) a reference to the judge mentioned in column (2) of Part II of the Seventh Schedule to this Act at a particular reference number shall be construed as a reference to the judge mentioned in column (3) of the said Part II at that reference number.

(6)
(a) The Minister may from time to time by order make such adaptations or modifications (not inconsistent with the modifications effected by subsection (5) of this section) in or of any enactment to which this section applies as are, in his opinion, necessary and proper in order to give effect to the provisions of this Act.

(b) Every order made by the Minister under paragraph (a) of this subsection shall, where the order so provides, have and be deemed always to have had effect as on and from the operative date.

(7) “This Act” where it occurs in any enactment applied by this section shall, unless the context otherwise requires, be construed as referring to the Act which includes that enactment.

(8) Subsection (1) of section 51 of the Act of 1936, as applied by this section, shall have effect as if “ten years' standing” were substituted for “six years' standing”.

(9) Subsection (1) of section 27 of the Act of 1953, as applied by this section, shall have effect as if for the reference therein to section 11 (repealed by this Act) of the Act of 1946 there were substituted a reference to section 40 of this Act.

(10)
(a) Paragraph (a) of subsection (1) of section 2 of the Act of 1961 shall not be taken to refer to a person who, immediately before the passing of the Act of 1961, was a judge of the existing Supreme Court, High Court or Circuit Court or a justice of the existing District Court and is appointed a judge on the operative date.

(b) The reference in subsections (2), (4) and (5) of section 4 of the Act of 1961 to the Court Officers Acts, 1926 to 1951, shall be deemed to include a reference to this Act.

(c) Section 5 of the Act of 1961 shall have effect as if there were inserted at the end of subsection (2) “or under section 58 of the Courts (Supplemental Provisions) Act, 1961.”

(d) In this subsection “the Act of 1961” means the Courts of Justice and Court Officers (Superannuation) Act, 1961.

49. Preservation of continuity of administration and enforcement of justice.

49.—(1) The continuity of the administration and enforcement of justice shall not be interrupted by the coming into operation of the Principal Act or this Act.

(2) Without prejudice to the generality of subsection (1) of this section—

(a) any act done or proceedings taken before the operative date in respect of any cause or matter in the court mentioned in column (2) of Part I of the Seventh Schedule to this Act at a particular reference number shall be deemed to have been done or taken respectively in the court mentioned in column (3) of the said Part I at that reference number,

(b) any act done or proceedings taken before the operative date in respect of any cause or matter before the judge mentioned in column (2) of Part II of the Seventh Schedule to this Act at a particular reference number (being reference number 1 or 2) shall be deemed to have been done in that cause or matter before the judge mentioned in column (3) of the said Part II at that reference number,

(c) any act done or proceedings taken before the operative date in respect of any cause or matter before the existing Cork Circuit Court Judge exercising jurisdiction in admiralty shall be deemed to have been done or taken in the Cork Local Admiralty Court,

(d) any act done or proceedings taken before the operative date in respect of any cause or matter before the existing Cork Circuit Court Judge exercising jurisdiction in bankruptcy shall be deemed to have been done or taken in the Cork Local Bankruptcy Court.

(3) In subsection (2) of this section “the existing Cork Circuit Court Judge” means the judge of the existing Circuit Court for the circuit of the existing Circuit Court consisting of the county and county borough of Cork.

50. Appeals from District Court in criminal cases against sentence only.

50.—Where—

(a) an order is made in a criminal case by a justice of the District Court convicting a person and sentencing him to pay a penal or other sum or to do anything at any expense or to undergo a term of imprisonment F92[…], and

(b) an appeal is taken against the order, and

(i) the notice of appeal states that the appeal is against so much only of the order as relates to the sentence, or

(ii) the appellant, on the hearing of the appeal, indicates that he desires to appeal against so much only of the order as relates to the sentence,

then, notwithstanding any rule of law, the Circuit Court shall not, on the hearing of the appeal, re-hear the case except to such extent as shall be necessary to enable the court to adjudicate on the question of sentence.

51. Extension of section 2 of the Summary Jurisdiction Act, 1857.

51.—(1) Section 2 of the Summary Jurisdiction Act, 1857, is hereby extended so as to enable any party to any proceedings whatsoever heard and determined by a justice of the District Court (other than proceedings relating to an indictable offence which was not dealt with summarily by the court) if dissatisfied with such determination as being erroneous on a point of law, to apply in writing within fourteen days after such determination to the said justice to state and sign a case setting forth the facts and the grounds of such determination for the opinion thereon of the High Court.

(2) Upon the making of an application under section 2 of the Summary Jurisdiction Act, 1857, as extended by subsection (1) of this section, for a case stated, the determination in respect of which the application is made shall be suspended—

(a) where the justice of the District Court to whom the application is made grants the application, until the case stated has been heard and determined, and

(b) where he refuses to grant the application, until he so refuses.

(3) The references in sections 6, 8, 9, 10 and 14 of the Summary Jurisdiction Act, 1857, to that Act shall be construed as references to that Act as extended by subsection (1) of this section.

(4) In section 2 of the Summary Jurisdiction Act, 1857, and in this section, “party” means any person who was entitled to be heard and was heard in the proceedings in which the determination in respect of which an application for a case stated is made was given.

52. Case stated for High Court on question of law.

52.—(1) A justice of the District Court shall, if requested by any person who has been heard in any proceedings whatsoever before him (other than proceedings relating to an indictable offence which is not being dealt with summarily by the court) unless he consider the request frivolous, and may (without request) refer any question of law arising in such proceedings to the High Court for determination.

(2) An appeal shall lie by leave of the High Court to the Supreme Court from every determination of the High Court on a question of law referred to the High Court under subsection (1) of this section.

53. Application of section 26 of Hire-Purchase (Amendment) Act, 1960.

53.—Section 26 of the Hire-Purchase (Amendment) Act, 1960, shall apply to any action pending in the High Court which is founded on a credit-sale agreement (within the meaning of the Hire-Purchase Acts, 1946 and 1960).

54. Jurisdiction to bind to the peace or to good behaviour.

54.—The jurisdiction formerly exercisable by justices of the peace to make an order binding a person to the peace or to good behaviour or to both the peace and good behaviour and requiring him to enter into a recognizance in that behalf may be exercised by—

(a) a judge of the Supreme CourtF93[, the Court of Appeal] or the High Court, or

(b) a judge of the Circuit Court within the circuit to which he is for the time being assigned, or

55. Offices and officers, etc. under Court Officers Acts, 1926 to 1951.

55.—F94[(1) The provisions set out in the Eighth Schedule (amended by section 44 of the Act of 2014) shall apply in relation to offices and officers to be attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court respectively.]

(2)
(a) Every Circuit Court office shall become and be attached to the Circuit Court.

(b) Every county registrar shall become and be attached to the Circuit Court.

(c) Every assignment of a county registrar made or deemed to have been made under section 10 of the Act of 1945 before the operative date shall, if it is in force immediately before the operative date, continue in force and be deemed to have been made under the said section 10, as applied by section 48 of this Act.

(3)
(a) Every district court clerk shall become and be attached to the District Court.

(b) Every assignment of a district court clerk made under section 48 of the Act of 1926 before the operative date shall, if it is in force immediately before the operative date, continue in force and be deemed to have been made under the said section 48 as applied by section 48 of this Act.

(4) Any requisition made under section 9 of the Act of 1945 before the operative date shall, if it is in force immediately before the operative date, continue in force and be deemed to have been made under the said section 9, as applied by section 48 of this Act.

(5) Any appointment made under section 4 (which relates to deputies for district court clerks) of the Court Officers Act, 1951, before the operative date shall, if it is not terminated before the operative date, be deemed to have been made under the said section 4, as applied by section 48 of this Act.

(6) The following provisions shall apply to any person who, immediately before the operative date, holds any office, employment or position under the Court Officers Acts, 1926 to 1951—

(a) he shall continue to hold his office, employment or position as if this Act had not been passed,

(b) nothing in this Act shall affect the terms and conditions on and subject to which he held his office, employment or position immediately before the operative date.

(7) The business to be transacted in the Circuit Court office for the circuit consisting of the county and county borough of Cork, pursuant to section 37 of the Act of 1926, shall include the business of the Cork Local Admiralty Court and the Cork Local Bankruptcy Court, and section 65 of the Act of 1936 (which relates to the prescribing of court fees) shall have effect accordingly.

56. Power to continue county registrars in office after reaching age of sixty-five years.

56.—(1) (a) In this section “the Committee” means a committee consisting of—

(i) the Chief Justice,

(ii) the President of the High Court, and

(iii) the Attorney General.

(b) The Committee may act by a majority of its members and a warrant under this section shall be sufficiently authenticated if signed by two members of the Committee.

(2) Where—

(a) a county registrar is about to reach the age of sixty-five years, and

(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to discharge efficiently the duties of his office,

the Committee may, if they so think proper after consultation with the Minister, by warrant made before such county registrar attains the said age, continue him in office for one year commencing on the date on which he will attain the said age.

(3) Where—

(a) a county registrar to whom a warrant under subsection (2) of this section or under this subsection relates, or to whom a warrant under this subsection is deemed to relate, is about to reach the age of (as the case may be) sixty-six, sixty-seven, sixty-eight or sixty-nine years, and

(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to continue to discharge efficiently the duties of his office,

(4) Where, immediately before the operative date, there is a county registrar whose age of retirement was extended under subsection (6) of section 35 of the Act of 1926, such county registrar shall be deemed to have been continued in office by warrant under subsection (3) of this section and to be a county registrar to whom that subsection relates.

(5) The provisions of this section shall have effect notwithstanding anything contained in subsection (6) of section 35 of the Act of 1926.

57. Pension of Master of the High Court, Taxing-Master and county registrar.

57.—(1) Where—

(a) F95[a person who holds or held the office of Master of the High Court, Chief Legal Costs Adjudicator, Legal Costs Adjudicator or county registrar ceases to hold that office and attains the age of sixty-five years, or ceases to hold that office having been removed from office under the applicable provisions] or upon medical certificate that he is incapable, from infirmity of mind or body, of discharging the duties of that office and that the infirmity is likely to be permanent, and

(b) he has completed five or more years of continuous service in one or more of the said offices

he shall, subject to the provisions of this section, be eligible for a pension consisting of—

(i) if he has completed twenty or more years of such service, two-thirds of the annual remuneration in respect of the office which he ceases to hold, or

(ii) if he has not completed twenty years of such service, one-sixth of the annual remuneration in respect of the office which he ceases to hold together with one-thirtieth of that remuneration for each (if any) completed year of such service in excess of five.

(2) F96[…]

(2) Where a person in receipt of a pension under this section F97[or under regulations made pursuant to section 5 (1) (b) of the Courts (Supplemental Provisions) (Amendment) Act, 1991] is employed in a situation remunerated out of moneys provided by the Oireachtas, then

(a) the pension shall not be payable in respect of any period during which his remuneration in respect of such situation is equal to or greater than the remuneration by reference to which the pension was computed, and

(b) so much only of the pension shall be payable in respect of any period during which his remuneration in respect of such situation is less than the remuneration by reference to which the pension was computed as with his remuneration in respect of such situation will amount to the remuneration by reference to which the pension was computed.

(3) A reference in this section to service of any person shall be construed as a reference to service of such person in respect of which he was remunerated, exclusive of any period during which he was absent on account of illness and was remunerated at a rate determined by reference to the rate which would be appropriate if he were on pension.

(4) Pensions under this section may be granted by the Minister for Finance.

F98[(5) In this section, "applicable provisions" means—

(a) in the case of a person holding the office of Master of the High Court, paragraph (a) of section 3(4B) of the Act of 1926,

(b) in the case of a person holding the office of the Chief Legal Costs Adjudicator or Legal Costs Adjudicator, clause (a) of paragraph 18(11) of the Eighth Schedule, and

58. Special provisions for person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar.

58.—(1) Notwithstanding the terms of section 57 of this Act, that section shall not apply in relation to a person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar unless and until he elects under this section to accept the provisions of the said section 57.

(2) A person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar may, by notice in writing sent to the Minister before the expiration of three months after the operative date, elect to accept the provisions of section 57 of this Act.

(3) Notwithstanding the repeal by this Act of sections 4 and 5 of the Act of 1945—

(a) those sections shall continue to have effect in relation to a person who, at the passing of the Act of 1945, held the office of Taxing-Master or county registrar and holds such office on the operative date, unless and until such person elects under this section to accept the terms of section 57 of this Act;

(b) section 4 shall continue to have effect in relation to a person who was appointed to the office of Master of the High Court, Taxing-Master or county registrar after the passing of the Act of 1945 and holds such office on the operative date, unless and until such person elects under this section to accept the terms of section 57 of this Act.

59. Officers of Cork Local Admiralty Court and Cork Local Bankruptcy Court.

59.—(1) In this section—

“the existing Cork Circuit Court Judge” means the judge of the existing Circuit Court for the circuit of the existing Circuit Court consisting of the county and county borough of Cork;

“the Cork County Registrar” means the county registrar for the county and county borough of Cork.

(2)
(a) In this subsection “the Court” means the Cork Local Admiralty Court constituted by subsection (2) of section 23 of this Act.

(b) There shall be attached to the Court the following officers—

(i) a registrar,

(ii) a marshal.

(d) The marshal of the Court shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister, with the sanction of the Minister for Finance, shall determine.

(e) The authorities, powers, duties and functions of the registrar of the Court shall correspond with those conferred or imposed by statute or rule of court on the officer attached to the High Court who is acting as Admiralty Registrar of the High Court.

(f) The authorities, powers, duties and functions of the marshal of the Court shall correspond with those conferred or imposed by statute or rule of court on the officer attached to the High Court who is acting as Admiralty Marshal of the High Court.

(g) The person (if any) who, immediately before the operative date, held the office of or acted as marshal for the purposes of the jurisdiction in admiralty exercised, immediately before the operative date, by the existing Cork Circuit Court Judge shall, by virtue of this paragraph, become and be marshal of the Court and shall hold that office upon the terms and conditions upon which, immediately before the operative date, he held such first-mentioned office.

(3)
(a) In this subsection, “the Court” means the Cork Local Bankruptcy Court constituted by subsection (3) of section 23 of this Act.

(b) There shall be attached to the Court the following officers—

(i) a registrar,

(ii) an official assignee,

(iii) a messenger,

(iv) such other officers (if any) as the Minister, with the concurrence of the Minister for Finance, shall determine.

(d) Each officer of the Court (other than the registrar of the Court) shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister, with the sanction of the Minister for Finance, shall determine.

(e) The authorities, powers, duties and functions of the registrar of the Court shall correspond with those conferred or imposed on one of the Examiners or the Examiner (where there is only one Examiner) by subparagraph (2) of paragraph 11 of the Eighth Schedule to this Act.

(f) The authorities, powers, duties and functions of the official assignee of the Court shall correspond with those conferred or imposed by statute or rule of court on the Official Assignee in Bankruptcy.

(g) All such and the like property, estate and effects as would vest in the Official Assignee in Bankruptcy in the case of proceedings instituted in the High Court shall vest in the official assignee of the Court where proceedings are instituted in the Court, and the enactments regulating and affecting the vesting of any of such property, estate and effects in the Official Assignee in Bankruptcy and the divesting thereof shall also regulate and affect the vesting of the same in the official assignee of the Court and the divesting thereof.

(h) The person (if any) who, immediately before the operative date, held the office of or acted as official assignee for the purposes of the jurisdiction in bankruptcy exercised immediately before the operative date by the existing Cork Circuit Court Judge shall, by virtue of this paragraph, become and be official assignee of the Court and shall hold that office upon the terms and conditions upon which, immediately before the operative date, he held such first-mentioned office.

(i) The rights, powers, duties and obligations of the messenger of the Court shall correspond with those conferred or imposed by statute or rule of court on the messenger attached to the Office of the Official Assignee in Bankruptcy.

(4) In section 9 of the Act of 1945, as applied by section 48 of this Act, the references to a court shall be construed as including references to the Cork Local Admiralty Court and the Cork Local Bankruptcy Court.

60. Right of audience of solicitors in Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court.

60.—F99[…]

61. Solicitors and commissioners for oaths.

61.—All persons who, immediately before the operative date, were solicitors of the courts mentioned in column (2) of Part I of the Seventh Schedule to this Act and all persons who, immediately before the operative date, were commissioners to administer oaths shall on the operative date become respectively solicitors of the courts mentioned in column (3) of the said Part I and commissioners to administer oaths.

62. F100[Court may award costs without oral hearing

62.— (1) Subject to subsection (2), a court in any proceedings before it may, in relation to its determination, or any part of its determination, of the liability (if any) of any party to costs, make one or more of the following directions:

(a) that the determination shall be made without an oral hearing;

(b) that an application or submission to the court relating to such determination shall be made in writing;

(2) A court shall not make a direction under subsection (1) where it considers that it is not in the interests of justice to do so.

(3) A direction under subsection (1) may be made at any time during the proceedings concerned or at their conclusion.

(4) Rules of court may, in relation to proceedings to which subsection (1) applies, make provision for the manner in which submissions in writing relating to liability for costs may be made by the parties to the proceedings.

(5) Subsection (1) is without prejudice to any power of the court under any enactment or rule of court.

(6) In this section, "court" means the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court.]

FIRST SCHEDULE Enactments Repealed

Section 3.

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