COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

Type Act
Publication 1961-08-16
Last updated 2026-06-23
State Partially repealed
Text Latest available text
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
Session and Chapter or Number and Year Short Title Extent of Repeal
(1) (2) (3)
5 & 6 Vic. c. 24. Dublin Police Act, 1842. Section 68.
43 & 44 Vic. c. 39. Lunacy (Ireland) Act, 1880. The whole Act.
6 Edw. 7. c. 37. Labourers (Ireland) Act, 1906. In subsection (1) of section 31, all words from “and the Local Government Board” to the end of the subsection.
No. 10 of 1924. Courts of Justice Act, 1924. Section 2; in section 3, the definition of “Central Criminal Court”; sections 4, 5, 6, 7, 8, 11, 13, 14, 16, 17 and 18; subsections (1) and (3) of section 19; in section 20, the words “From and after the commencement of this Act”; sections 21 and 22; in section 27, the words “From and after the commencement of this Act”; sections 30, 37, 41, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56 and 57; in section 60, all words from “Any judgment” to the end of the section; sections 67, 69, 70 and 74; in section 78, all words from “and the provisions”of the end of the section; sections 82, 83, 89, 93, 98, 99, 100, 102, 103 and 104; the Schedule.
No. 1 of 1926. Courts of Justice Act, 1926. Sections 2, 3, 4 and 7.
No. 27 of 1926. Court Officers Act, 1926. Subsection (2) of section 1; in section 2, the definitions of “the Chief Justice” and “court” subsections (1) and (2) of section 3; in subsection (6) of section 3, the words from “but such age”to the end of the subsection; sections 4, 5, 6, 7, 10, 11, 13, 14, 19, 20, 21, 22, 25 and 26; in subsection (1) of section 28, the words “the Central Office and”; subsection (2) of section 28; section 30; in subsection (6) of section 35, from the words “but such age” to the end of the subsection; in subsection (1) of section 38, the words “or, where a local bankruptcy court formerly existed, the registrar, or any other officer of that court except the official assignee”; sections 45, 49 and 60; in subsection (1) of section 51, the words “after the appointed day” subsection (2) of section 51; section 55; subsection (4) of section 59; section 62; subsections (1), (2), (3), (4) and (6) of section 63; section 64.
No. 29 of 1927. Courts of Justice Act, 1927. The whole Act.
No. 15 of 1928. Courts of Justice Act, 1928. In subsection (1) of section 1, the definition of “the Chief Justice” subsection (2) of section 1; sections 2, 3, 4, 8, 9 , 13, 14, 15 and 22; the Schedule.
No. 35 of 1928. Courts of Justice (No.2) Act, 1928. The whole Act.
No. 40 of 1931. Courts of Justice (No.2) Act, 1931. The whole Act.
No. 48 of 1936. Courts of Justice Act, 1936. Sections 3, 4, 5 and 6; subsection (1) of section 7; sections 8, 9, 15, 17, 18, 19, 25, 26, 27 and 28; in subsection (3) of section 31, the words “, on the commencement of this Part of this Act,” and “, as on and from such commencement,”; subsection (1) of section 33; in subsection (2) of section 33, the words “At any time after the commencement of this Part of this Act,”; sections 45, 48 and 50; subsections (2) and (4) of section 51; sections 54 and 56; paragraph (c) of subsection (3) of section 64; the First Schedule.
No. 25 of 1945. Court Officers Act, 1945. Sections 2, 3, 4, 5, 7 and 8.
No. 21 of 1946. Courts of Justice (District Court) Act, 1946. In section 2, all definitions except the definitions of “Justice”and “the Minister” sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19 and 22; the Schedule.
No. 20 of 1947. Courts of Justice Act, 1947. Sections 2, 4, 5, 6, 7 and 8; subsections (1) and (2) of section 9; in subsection (3) of section 9, the words “shall be appointed from amongst the Circuit Judges by the President acting on the advice of the Government and” subsection (4) of section 9; sections 13, 14, 15, 17, 18 and 20; the Schedule.
No. 8 of 1949. Courts of Justice (District Court) Act, 1949. Sections 3 and 4; the Schedule.
No. 2 of 1951. Criminal Justice Act, 1951. Sections 19 and 26; the Second Schedule.
No. 32 of 1953. Courts of Justice Act, 1953. Sections 3, 4, 6, 7, 8, 9, 10, 11, 16, 17 and 18; subsection (1) of section 19; sections 20, 21, 22, 23, 24, 25 and 32; the Schedule.
No. 35 of 1959. Courts of Justice Act, 1959. The whole Act.
No. 15 of 1960. Hire-Purchase (Amendment) Act, 1960. Paragraph (a) of subsection (1) of section 19; paragraph (a) of subsection (2) of section 19.

SECOND SCHEDULE Pensions of Judges of Courts Established by the Principal Act

Sections 6, 19 and 31.

Part I Pensions of Judges of Supreme Court and High Court

1.

In this Part “service” means service as a judge of the Supreme Court, the High Court, the Circuit Court, the existing Supreme Court, the existing High Court or the existing Circuit Court.

2.

(1) This paragraph applies to a judge of the Supreme Court or the High Court who—

  • (a) was appointed a judge of the existing Supreme Court or the existing High Court after the passing of the Act of 1953, or
  • (b) never held office as a judge of the existing Supreme Court or the existing High Court.
  • (2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
  • (3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
3.

(1) This paragraph applies to a judge of the Supreme Court or the High Court who held office as a judge of the existing Supreme Court or the existing High Court on the passing of the Act of 1953.

  • (2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
  • (3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.

Part II Pensions of Judges of Circuit Court

4.

In this Part “service” means service as a judge of the Circuit Court or the existing Circuit Court or as a justice of the District Court or the existing District Court.

5.

(1) This paragraph applies to a judge of the Circuit Court who—

  • (a) was appointed a judge of the existing Circuit Court after the passing of the Act of 1953, or
  • (b) never held office as a judge of the existing Circuit Court.
  • (2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
  • (3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
6.

(1) This paragraph applies to a judge of the Circuit Court who held office as a judge of the existing Circuit Court on the passing of the Act of 1953.

  • (2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
  • (3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.

Part III Pensions of Justices of District Court

7. In this Part—

“justice”, where used without qualification, means a justice of the District Court;

“service”, in relation to a justice, means any service by him, being—

  • (b) service as a justice of the existing District Court,
  • F101[(bb) service as a county registrar (being service which was continuous with subsequent service as a justice or as a temporary district justice and being service in respect of which the person concerned 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),]
  • (d) service as a justice;

“the Superannuation Acts” means the Superannuation Act, 1834, as amended and extended by subsequent enactments, other than the Superannuation Act, 1956.

8.

(1) This paragraph applies to a justice who—

  • (a) was appointed a justice of the existing District Court on or after the passing of the Act of 1936, or
  • (b) never held office as a justice of the existing District Court.
  • (2) There shall be granted to a justice to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after twenty years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.
  • (3) There shall be granted to a justice to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-thirtieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.
9.

(1) This paragraph applies to a justice who held office as a justice of the existing District Court on the passing of the Act of 1936.

  • (2) Unless and until he makes the election provided for in subparagraph (3) of this paragraph, the following provisions shall apply to a justice to whom this paragraph applies, namely, his office shall be a pensionable office within the meaning of the Superannuation Acts, and the superannuation allowance, additional allowance or gratuity granted to or in respect of him on the vacation of his office shall be ascertained in the manner and subject to the conditions prescribed by those Acts, and a certificate by the Chief Justice shall be a sufficient certificate for the purposes of section 8 of the Superannuation Act, 1859.
  • (3) A justice to whom this paragraph applies may, by notice in writing sent to the Minister for Finance at any time before he vacates his office, elect to accept the pension terms provided by this subparagraph, and in that case the following provisions shall apply to him—
  • (a) there shall be granted to him, if he vacates his office after thirty years' service or upwards, a pension for life of two-thirds of his remuneration at the time of such vacation of office;
  • (b) there shall be granted to him, if, owing to age or permanent infirmity, he vacates his office after ten years' service or upwards and less than thirty years' service, a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten.
10.

Where—

  • (a) a justice, having completed ten years' service or upwards, vacates his office with the consent of the Government, and
  • (b) such justice is not entitled under paragraphs 8 or 9 of this Schedule to a pension in respect of his service,

he shall be entitled to a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten, subject to a maximum pension of two-thirds of such remuneration.

THIRD SCHEDULE Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The Jurisdiction Is To Be Exercised

Section 22 (1).

Ref.No Civil proceedings in respect of which jurisdiction is conferred on the Circuit Court Exclusion of jurisdiction (except by consent of necessary parties) in certain cases Judge of Circuit Court by whom jurisdiction is to be exercised
(1) (2) (3) (4)
1. An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract or quasi-contract. Where the amount of the claim exceeds F102[€75,000] At the election of the plaintiff (whether the claim be to enforce, rescind, dissolve or annul the contract or for damages or other relief for the breach thereof)— (a) the judge of the circuit within which the contract was made, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
2. An action (other than an action of the kind specified in column (2) of this Schedule at reference number 3, 4 or 5) founded on contract where the debt or demand claimed consists of a balance after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand. Where the amount of the balance claimed exceeds F102[€75,000] At the election of the plaintiff (whether the claim be to enforce, rescind, dissolve or annul the contract or for damages or other relief for the breach thereof)— (a) the judge of the circuit within which the contract was made, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
3. An action by the owner of goods let under a hire-purchase agreement (within the meaning of the F102[Consumer Credit Act 1995 or to which section 17(2) of that Act refers]) to enforce a right to recover possession of the goods from the hirer. Where the hire-purchase price (within the meaning of F102[the said Act]) exceeds F102[€75,000] Where the amount of the claim exceeds F102[€75,000.] In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business. In any other case—the judge of the circuit within which the hire-purchase agreement was made.
4. An action by the owner of goods let under a hire-purchase agreement (within the meaning of the F102[Consumer Credit Act 1995 or to which section 17(2) of that Act refers]) to enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto. Where the hire-purchase price (within the meaning of F102[the said Act]) exceeds F102[€75,000] Where the amount of the claim exceeds F102[€75,000.] In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business. In any other case—the judge of the circuit within which the hire-purchase agreement was made.
5. An action commenced after the commencement of the Act founded on a credit-sale agree ment (within the meaning of the F102[ Consumer Credit Act 1995 or to which section 17(2) of that Act refers]). Where the amount of the claim exceeds F102[€75,000]. In case the defendant or one of the defendants ordinarily resides or carries on business in the State—the judge of the circuit where the defendant or one of the defendants resides or carries on business. In any other case—the judge of the circuit within which the credit-sale agreement was made.
6. An action (other than F104[…] an action for wrongful detention or matrimonial proceedings) founded on tort (other than criminal conversation with a man's wife). F102[Where— (a) in a personal injuries action, within the meaning of the Civil Liability and Courts Act 2004, the amount of the claim exceeds €60,000, or (b) in an action that is not an action referred to in paragraph (a), the amount of the claim exceeds €75,000.] At the election of the plaintiff— (a) the judge of the circuit where the tort is alleged to have been committed, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
7. An action for wrongful detention. Where the value of the goods claimed exceeds F102[€75,000]. At the election of the plaintiff— (a) the judge of the circuit where the tort is alleged to have been committed, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
F103[7A. ] F104[…] F104[…]
8. An action in which the title to land comes into question, other than an action of ejectment. Where the F105[market value] of the land exceeds F105[€3,000,000]. The judge of the circuit where the land or any part of the land is situate.
9. An action of ejectment other than— (a) an action under section 82 of the Civil Bill Courts (Ireland) Act, 1851, or under section 78 of 80 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 (hereinafter in this Schedule referred to as the Act of 1860), or (b) an action of the kind specified in column (2) of this Schedule at reference number 10. Where the F105[market value] of the land exceeds F105[€3,000,000]. The judge of the circuit where the land or any part of the land is situate.
10. An action of ejectment for a year's rent in arrear maintainable in the High Court under section 52 of the Act of 1860. Where the F105[market value] of the land exceeds F105[€3,000,000]. The judge of the circuit where the land in respect of which the rent in arrear is payable or any part of that land is situate.
11. An action for rent in arrear maintainable in the High Court under section 45 of the Act of 1860. Where the rent in arrear exceeds F102[€75,000] The judge of the circuit where the land in respect of which the rent in arrear is payable or any part of that land is situate.
12. An action for use and occupation of land maintainable in the High Court under section 46 of the Act of 1860. Where the amount claimed exceeds F102[€75,000] The judge of the circuit where the land or any part of the land is situate.
13. An action for double rent for overhold-ing land maintainable in the High Court under section 76 of the Act of 1860. Where the amount claimed exceeds F102[€75,000] The judge of the circuit where the land or any part of the land is situate.
14. An action to recover double the value of goods fraudulently carried off or concealed or clandestinely removed to prevent distress for arrears of rent and maintainable in the High Court under section 3 of the pre-Union Irish statute 15 Geo. 2. c. 8 (Ir.) (1741) entitled “An Act for the more effectual securing the payment of rents, and preventing frauds by tenants”. Where the value of the goods removed exceeds F102[€75,000] The judge of the circuit where the defendant or one of the defendants resides or carries on business.
15. An application under—(a) section 34 or 52 of the Registration of Title Act, 1891, or (b) section 13 of the Registration of Title Act, 1942 (No. 26 of 1942). Where the F105[market value] of the land exceeds F105[€3,000,000]. The judge of the Circuit where the land or any part of the land is situate.
16. F106[…] F106[…]
17. F106[…] F106[…] F106[…]
18. Proceedings for the dissolution of a partnership or the taking of partnership or other accounts. Where the property of the partnership— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. At the election of the plaintiff— (a) the judge of the circuit where the partnership business was or is carried on, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
19. Proceedings for any of the following purposes— (a) the redemption of mortgages on land, (b) the raising of portions or other charges on land, (c) the sale and distribution of the proceeds of any land subject to any mortgage, lien or charge. F108[(d) applications under sections 94, 97 (except where the property concerned is subject to a housing loan mortgage), 100 (except where the property concerned is subject to a housing loan mortgage) and 117 of the Land and Conveyancing Law Reform Act 2009] Where the F105[market value] of the land exceeds F105[€3,000,000]. The judge of the circuit where the land or any part of the land is situate.
20. Proceedings for the execution of trusts, charitable or private. Where— (a) F107[…] (b) the trust estate, in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. The judge of the circuit where the defendant or one of the defendants resides or carries on business.
21. Proceedings for the rectification or setting aside or cancellation of deeds or other written instruments. Where the subject matter— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. Where the subject matter consists entirely of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the subject matter consists in whole or in part of land, at the option of the plaintiff— (a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.
22. Proeedings for specific performance of contracts F108[and under section 55 of the Land and Conveyancing Law Reform Act 2009]. Where the subject matter— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. Where the subject matter consists entirely of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the subject matter consists in whole or in part of land, at the option of the plaintiff— (a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.
23. F108[Proceedings under sections 31, 35, 50, 68, and 84 of the Land and Conveyancing Law Reform Act 2009]. Where the F105[market value] of the land exceeds F105[€3,000,000]. The judge of the circuit where the land or any part of the land is situate.
24. Proceedings for the wardship of infants and the care of infants' estates. Where the property— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. The judge of the circuit where the infant or one of the infants resides.
25. Proceedings under the Settled Land Acts, 1882 to 1890. Where the property— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. The judge of the circuit where the land or the land (represented by the capital money) or any part of the land is situate.
26. Proceedings under F108[Parts 4 and 5 of the Land and Conveyancing Law Reform Act 2009 and] the Trustee Acts, namely, the Trustee Act, 1893, the Trustee Act, 1893, Amendment Act, 1894, and the Trustee Act, 1931 (No. 20 of 1931). Where the trust property— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. The judge of the circuit where the applicant or one of the applicants resides.
27. An action (in relation to property) claiming an injunction, otherwise than as ancillary to other relief. Where the property— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. Where the property consists only of personalty, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the property consists of land, at the option of the plaintiff— (a) the judge of the circuit where the defendant or one of the defendants resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate.
28. Proceedings in relation to property not hereinbefore specified in this Schedule and which immediately before the commencement of Part I of the Courts of Justice Act, 1924 (No. 10 of 1924), were assigned to the Chancery Division of the former High Court of Justice in Southern Ireland, other than proceedings in relation to companies. Where the property— (a) F107[…] (b) in so far as it consists of land, exceeds the F105[market value] of F105[€3,000,000]. Where the proceedings are in a cause, the judge of the circuit where the defendant or one of the defendants resides or carries on business. Where the proceedings are in a matter and any land is involved, at the option of the applicant— (a) the judge of the circuit where the applicant resides or carries on business, or (b) the judge of the circuit where the land or any part of the land is situate. Where the proceedings are in a matter, and no land is involved, the judge of the circuit where the applicant resides or carries on business.
29. Proceedings F109[…] by any person, including a State authority, to recover any sum (including a sum recoverable by way of debt, penalty, forfeiture or otherwise, but excluding a fine to which a person is liable on conviction of a criminal offence) recoverable by virtue of any enactment, other than an enactment set out in the Fourth Schedule to this Act. Where the amount due or recoverable exceeds F102[€75,000] The judge of the circuit where the defendant or one of the defendants resides or carries on business.
F110[30. An intellectual property claim within the meaning of section 2 of the Copyright and Related Rights Act 2000. Where the amount of the claim exceeds €75,000. The judge of the circuit where the defendant or one of the defendants resides or carries on business.]

FOURTH SCHEDULE Jurisdiction of the Circuit Court under certain British statutes and Saorstát éireann statutes, and judges of the Circuit Court by whom the jurisdiction is to be exercised

Section 22 (3).

Ref. No. Enactments conferring jurisdiction on former Recorders, County Court Judges, Chairmen of Quarter Sessions, or Courts of Quarter Sessions Judge of Circuit Court by whom jurisdiction is to be exercised
(1) (2) (3)
1. Excise Management Act, 1827 (7 and 8 Geo. 4. c. 53)—section 82. The judge of the circuit in which is situate the courthouse in which the judgment appealed against was given.
2. Grand Jury (Ireland) Act, 1836 (6 & 7 Will. 4. c. 116)— section 87. The judge of the circuit where the defendant resides.
3. Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)— sections 73 and 78. The judge of the circuit where the person liable to pay the rate resides.
4. Poor Relief (Ireland) Act, 1838 (1 & 2 Vic. c. 56)— sections 106 to 109 and section 112. The judge of the circuit where the rate was made.
5. Drainage (Ireland) Act, 1842 (5 & 6 Vic. c. 89)— section 58. The judge of the circuit where any part of the drain, stream or rivulet required to be cleaned or scoured is situate.
6. Scientific Societies Act, 1843 (6 & 7 Vic. c. 36)— sections 5 and 6. The judge of the circuit where the land or buildings of the society are situate.
7. Poor Relief (Ireland) Act, 1843 (6 & 7 Vic. c. 92)— sections 2 and 3. The judge of the circuit where the property is situate.
8. County Dublin Grand Jury Act, 1844 (7 & 8 Vic. c. 106)— section 110. The judge of the circuit where the defendant resides.
9. Drainage (Ireland) Act, 1846 (9 & 10 Vic. c. 4)— section 42 (so far as the section relates to the recovery of costs and expenses of cleaning, scouring out and removal of accumulated matter from aqueducts, culverts or tunnels under canals). The judge of the circuit where the aqueduct, culvert or tunnel is situate.
10. Drainage (Ireland) Act, 1846 (9 & 10 Vic. c. 4)— section 42 (so far as the section relates to the recovery by the Commissioners of Public Works in Ireland of the costs and expenses of altering aqueducts, culverts, or tunnels under canals so as to prevent injury to lands). The judge of the circuit where the lands are situate.
11. Ejectment and Distress (Ireland) Act, 1846 (9 & 10 Vic. c. 111)— section 8. The judge of the circuit in which is situate the courthouse in which the order or decree for recovery of possession was made.
12. Landed Property Improvement (Ireland) Act, 1847 (10 & 11 Vic. c. 32)— section 40. The judge of the circuit where the defendant resides.
13. Eviction (Ireland) Act, 1848 (11 & 12 Vic. c. 47)— section 6. The judge of the circuit where the defendant resides.
14. Poor Relief (Ireland) Act, 1849 (12 & 13 Vic. c. 104)— section 29. The judge of the Circuit Court before whom the legal proceedings are pending.
15. Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c. 57)—proviso to section 35. The judge of the Circuit Court before whom the case is heard and determined.
16. Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c. 57)— sections 38 and 39. The judge of the circuit where the land distrained or threatened to be distrained is situate.
17. Civil Bill Courts (Ireland) Act, 1851 (14 & 15 Vic. c. 57)— section 82. The judge of the circuit where the land is situate.
18. Valuation (Ireland) Act, 1852 (15 & 16 Vic. c. 63)— sections 16, 22, 23 and 31. The judge of the circuit where the tenement or rateable hereditament is situate; or, in the case of an incorporeal hereditament, the j udge of the circuit where the property or any part of the property to, out of or in respect of which the incorporeal hereditament is annexed, arises, issues or is exercisable is situate; or, in the case of a half-rent, the judge of the circuit where the property in respect of which the half-rent is determined is situate.
19 Succession Duty Act, 1853 (16 & 17 Vic. c. 51)— section 50. At the election of the appellant— (a) the judge of the circuit where the appellant resides, or (b) the judge of the circuit where the property is situate.
20. Boundary Survey (Ireland) Act, 1854 (17 & 18 Vic. c. 17)— section 9. The judge of the circuit where the boundary line or any part thereof is situate.
21. Towns Improvement (Ireland) Act, 1854 (17 and 18 Vic. c. 103)— section 41. The judge of the circuit where the works to be constructed are situate.
22. Literary and Scientific Institutions Act, 1854 (17 & 18 Vic. c. 112)— sections 29 and 30. The judge of the circuit where the principal building of the institution is situate.
23. Drainage (Ireland) Act, 1856 (19 & 20 Vic. c. 62)— section 39. The judge of the circuit where the defendant resides.
24. Boundary Survey (Ireland) Act, 1857 (20 & 21 Vic. c. 45)— section 5. The judge of the circuit where the boundary line or any part thereof is situate.
25. Landlord and Tenant Law Amendment Act, Ireland, 1860 (23 & 24 Vic. c. 154) (hereinafter in this Schedule referred to as the Act of 1860)— sections 30 and 31. At the election of the landlord— (a) the judge of the circuit where the tenant resides, or (b) the judge of the circuit where the land or any part of the land is situate.
26. The Act of 1860— sections 32 and 33. The judge of the circuit where the land or any part of the land is situate.
27 The Act of 1860— section 37. The judge of the circuit where the land in relation to which the precept, order or conviction was made is situate.
28. The Act of 1860— section 38. The judge of the circuit where the defendant resides.
29 The Act of 1860— sections 61, 63, 71, 78, 80, 82 and 95. The judge of the circuit where the land or any part of the land is situate.
30. Valuation (Ireland) Act, 1864 (27 & 28 Vic. c. 52)— sections 1 and 3. The judge of the circuit where the tenement or rateable hereditament is situate; or, in the case of an incorporeal hereditament, the judge of the circuit where the property or any part of the property to, out of or in respect of which the incorporeal hereditament is annexed, arises, issues or is exercisable is situate; or, in the case of a half-rent, the judge of the circuit where the property in respect of which the half-rent is determined is situate.
31. Attorneys' and Solicitors' Act, 1870 (33 & 34 Vic. c. 28)— section 8. At the option of the person seeking to enforce or set aside the agreement— (a) the judge of the circuit where the other party to the agreement resides, or (b) the judge of the circuit where the agreement was made.
32. Landlord and Tenant (Ireland) Act, 1870 (33 & 34 Vic. c. 46)— Part I. The judge of the circuit where the matter requiring the cognizance of the Court arises.
33. Landlord and Tenant (Ireland) Act, 1870 (33 & 34 Vic. c. 46)—sections 42, 43, 44, 47 and 56. The judge of the circuit where the holding in respect of which the charging order is sought or any part of that holding is situate.
34. Charitable Donations and Bequests (Ireland) Act, 1871 (34 & 35 Vic. c. 102)— sections 8 and 16. The judge of the circuit where the defendant resides.
35. Bankruptcy (Ireland) Amendment Act, 1872 (35 & 36 Vic. c. 58)— sections 81 and 82. The judge of the circuit where the debtor had a fixed abode at the time of adjudication of bankruptcy.
36. Building Societies Act, 1874 (37 & 38 Vic. c. 42)— sections 24, 34, 35 and 36. The judge of the circuit where the building society has its chief office or place of meeting for the business of the society.
37. Hosiery Manufacture (Wages) Act, 1874 (37 & 38 Vic. c. 48)— sections 3 and 4. The judge of the circuit where the offence was committed.
38. Employers and Workmen Act, 1875 (38 & 39 Vic. c. 90)— sections 3 and 8. The judge of the Circuit Court before whom the proceedings are pending.
39. Rivers Pollution Prevention Act, 1876 (39 & 40 Vic. c. 75)— section 10. The judge of the circuit where the offence was committed.
40. County Officers and Courts (Ireland) Act, 1877 (40 & 41 Vic. c. 56)— sections 41 and 47. The judge of the Circuit Court before whom the proceedings are pending.
41. Public Health (Ireland) Act, 1878 (41 & 42 Vic. c. 52)— sections 120, 122 and 260. The judge of the circuit where the defendant resides.
42. Public Health (Ireland) Act, 1878 (41 & 42 Vic. c. 52)— section 269. The judge of the circuit where the cause of appeal has arisen.
43. Bankers' Books Evidence Act, 1879 (42 & 43 Vic. c. 11)— section 10. The judge of the Circuit Court before whom the proceedings are pending.
44. Inland Revenue Act, 1880 (43 & 44 Vic. c. 20)— section 43 (7). The judge of the circuit where the premises are situate.
45. F111[…] F111[…]
46. Partnership Act, 1890 (53 & 54 Vic. c. 39). The judge of the circuit where the defendant resides.
47. Public Health Acts Amendment Act, 1890 (53 & 54 Vic. c. 59)— section 7 (1). The judge of the circuit where the functional area of the local authority is situate.
48. Industrial and Provident Societies Act, 1893 (56 & 57 Vic. c. 39)— sections 23 and 48. At the option of the society— (a) the judge of the circuit where the registered office of the society is situate, or (b) the judge of the circuit where the defendant resides.
49. Industrial and Provident Societies Act, 1893 (56 & 57 Vic. c. 39)— section 49. The judge of the circuit where the registered office of the society is situate.
50. Finance Act, 1894 (57 & 58 Vic. c. 30)— section 10 (5). At the option of the appellant— (a) the judge of the circuit where the appellant resides, or (b) the judge of the circuit where the property in respect of which the dispute arises is situate.
51. Friendly Societies Act, 1896 (59 & 60 Vic. c. 25)— sections 31 and 55. The judge of the circuit where the defendant resides.
52. Friendly Societies Act, 1896 (59 & 60 Vic. c. 25)— sections 68, 70 and 78. The judge of the circuit where the registered office of the society is situate.
53. F112[…] F112[…]
54. Small Dwellings Acquisition Act, 1899 (62 & 63 Vic. c. 44)— section 5 (2) and (5), as applied to Ireland by section 14 (2). The judge of the circuit where the house is situate.
55. Alkali, Etc. Works Regulation Act, 1906 (6 Edw. 7. c. 14)— section 17. The judge of the circuit where the offence was committed.
56. Open Spaces Act, 1906 (6 Edw. 7. c. 25)— section 4. The judge of the circuit where the whole or any part of the open space is situate.
57. Labourers (Ireland) Act, 1906 (6 Edw. 7. c. 37)— section 6. The judge of the circuit where the land comprised in the improvement scheme is situate.
58. Labourers (Ireland) Act, 1906 (6 Edw. 7. c. 37)— section 11. The judge of the circuit where the land in respect of which the sum was paid as purchase money or compensation under paragraph (1) of the said section 11 is situate.
59 Workmen's Compensation Act, 1906 (6 Edw. 7. c. 58)— Second Schedule. The judge of the Circuit Court before whom the proceedings are pending.
60. Public Health Acts Amendment Act, 1907 (7 Edw. 7. c. 53)— section 7 (1). The judge of the circuit where the functional area of the local authority is situate.
61. Children Act, 1908 (8 Edw. 7. c. 67)— section 58 (2). The judge of the Circuit Court before whom the child is charged.
62. Finance (1909-10) Act, 1910 (10 Edw. 7 & 1 Geo. 5. c. 8)— section 33 (4). At the option of the appellant— (a) the judge of the circuit where the appellant resides, or (b) the judge of the circuit where the property is situate.
63. Labourers (Ireland) Act, 1911 (1 & 2 Geo. 5. c. 19)— section 6. The judge of the circuit where the land, in respect of which the purchase money or compensation is payable, is situate.
64. Public Roads (Ireland) Act, 1911 (1 & 2 Geo. 5. c. 45)— section 1 (4). At the election of the plaintiff— (a) the judge of the circuit where the damage was done, or (b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
65. Pilotage Act, 1913 (2 & 3 Geo. 5. c. 31)— section 28. The judge of the circuit where the port for which the pilot is licensed is situate.
66. Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5. c. 58)— section 10. The judge of the circuit in which is situate the courthouse in which the offender was summarily convicted.
67. F113[…] F113[…]
68. Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)— section 12. The judge of the circuit where the land in respect of which the purchase money or compensation is payable is situate.
69. Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)— section 25. The judge of the circuit where the land is situate.
70. Sheriffs (Ireland) Act, 1920 (10 & 11 Geo. 5. c. 26)— section 7. The judge of the circuit where the seizure was made.
71. Electoral Act, 1923 (No. 12 of 1923)— section 16. The judge of the circuit where the registration area of the registration officer concerned is situate.
72. Land Act, 1923 (No. 42 of 1923)— section 69 (3). The judge of the circuit where the land is situate.

FIFTH SCHEDULE Adaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes relating to former County Courts, Courts of Quarter Sessions and judges thereof

Section 22 (4)

Session and Chapter Short Title Adaptation
(1) (2) (3)
7 & 8 Geo. 4. c. 53. Excise Management Act, 1827. The references to the justices of the peace assembled at the general quarter sessions shall be construed as references to the Circuit Court.
6 & 7 Vic. c. 36. Scientific Societies Act, 1843. In section 2, the references to the recorder or justices shall be construed as references to the judge of the circuit where the land or buildings of the society are situate.
12 & 13 Vic. c. 104. Poor Relief (Ireland) Act, 1849. In section 18, the reference to a judgment obtained in any action or suit in a superior court shall be construed as including a reference to a j udgment of the Circuit Court. In section 29, the references to an assistant barrister, the chairman of the sessions of the peace of the county of Dublin or a recorder shall be construed as references to the judge of the Circuit Court before whom the proceedings are pending.
14 & 15Vic. c. 90. Fines (Ireland) Act, 1851. In section 10, as amended by section 2 of the Summary Jurisdiction (Ireland) Act, 1918 (8 & 9 Geo. 5. c. 18), the references to an assistant barrister, recorder of a city or borough and the chairman of quarter sessions for the county of Dublin shall be construed as references to a judge of the Circuit Court.
14 & 15 Vic. c. 93. Petty Sessions (Ireland) Act, 1851. In section 34, as amended by section 2 of the Summary Jurisdiction (Ireland) Act, 1918 (8 & 9 Geo. 5. c. 18), the first reference to quarter sessions shall be construed as a reference to the Circuit Court.
17 & 18 Vic. c. 103. Towns Improvement (Ireland) Act, 1854. In section 44, the reference to the court of the assistant barrister shall be construed as a reference to the Circuit Court.
23 & 24 Vic. c. 4. Annual Revision of Rateable Property (Ireland) Amendment Act, 1860. References to the court of quarter sessions shall be construed as references to the Circuit Court. References to the chairman of quarter sessions shall be construed as references to a judge of the Circuit Court.
23 & 24 Vic. c. 154. Landlord and Tenant Law Amendment Act, Ireland, 1860. In section 70, the reference to an assistant barrister shall be construed as a reference to a judge of the Circuit Court. In section 79, the references to the chairman of the county shall be construed as references to the judge of the circuit where the lands or premises to which the certificate of desertion relates or any part thereof are situate.
27 & 28 Vic. c. 52. Valuation (Ireland) Act, 1864. The references to quarter sessions shall be construed as references to the Circuit Court.
33 & 34 Vic. c. 28. Attorneys' and Solicitors' Act, 1870. In section 8, the references to fifty pounds shall be construed as references to F114[€75,000].
33 & 34 Vic. c. 46. Landlord and Tenant (Ireland) Act, 1870. In sections 59, 60 and 61, the references to the civil bill court of a county shall be construed as references to the judge of the circuit where the county is situate.
34 & 35 Vic. c. 78. Regulation of Railways Act, 1871. In section 7, the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court.
35 & 36 Vic. c. 58. Bankruptcy (Ireland) Amendment Act, 1872. In sections 81 to 86, the references to the chairman of quarter sessions within whose jurisdiction the debtor had a fixed abode at the time of the adjudication of bankruptcy shall be construed as references to the judge of the circuit where the debtor had a fixed abode at the time of the adjudication of bankruptcy.
37 & 38 Vic. c. 72. Fines (Ireland) Act, 1851, Amendment Act, 1874. In section 2, the reference to an assistant barrister, recorder or chairman shall be construed as a reference to a judge of the Circuit Court.
38 & 39 Vic. c. 17. Explosives Act, 1875. In section 66, the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court.
38 & 39 Vic. c. 90. Employers and Workmen Act, 1875. In section 8, the reference to a county court shall be construed as a reference to the Circuit Court.
39 & 40 Vic. c. 36. Customs Consolidation Act, 1876. In the definition (contained in section 284) of “justice”, the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court.
40 & 41 Vic. c. 56. County Officers and Courts (Ireland) Act, 1877. In section 47, the reference to five hundred pounds shall be construed as a reference to two thousand pounds and the reference to thirty pounds as a reference to sixty pounds.
41 & 42 Vic. c. 52. Public Health (Ireland) Act, 1878. In section 115, the reference to the court of quarter sessions shall be construed as a reference to the Circuit Court.
41 & 42 Vic. c. 76. Telegraph Act, 1878. In section 4 (including that section as applied by section 4 of the Telegraph Act, 1892 (55 & 56 Vic. c. 49), sections 3 and 5 of the Telegraph (Construction) Act, 1908 (8 Edw. 7. c. 33), and section 1 of the Telegraph (Construction) Act, 1916 (6 & 7 Geo. 5. c. 40)), the references to the judge of the county court having jurisdiction within the district in which the difference has arisen shall be construed as references to the judge of the circuit where the district is situate.
44 & 45 Vic. c. 49. Land Law (Ireland) Act, 1881. In subsection (1) of section 37, the reference to the civil bill court of the county where the matter requiring the cognizance of the court arises shall be construed as a reference to the judge of the circuit where the matter requiring the cognizance of the court arises.
56 & 57 Vic. c. 39. Industrial and Provident Societies Act, 1893. In section 61, the reference to the county court of the district where the registered office of the society is situate shall be construed as a reference to the judge of the circuit where the registered office of the society is situate.
57 & 58 Vic. c. 60. Merchant Shipping Act, 1894. In paragraph (c) of subsection (4) of section 547, the reference to the recorder or the chairman of quarter sessions shall be construed as a reference to a judge of the Circuit Court.
8 Edw. 7. c. 57. Coal Mines Regulation Act, 1908. In subsection (5) of section 1, the reference to the judge of county courts for the district in which the mine is situate shall be construed as a reference to the judge of the circuit where the mine is situate.
8 Edw. 7. c. 67. Children Act, 1908. In subsection (4) of section 74 and in subsection (2) of section 75, the references to the court of quarter sessions shall be construed as references to the Circuit Court.
1 & 2 Geo. 5. c. 19. Labourers (Ireland) Act, 1911. In subsection (1) of section 6 (including that section as applied by section 12 of the Housing (Ireland) Act, 1919 (9 & 10 Geo. 5. c. 45)), the references to the county court shall be construed as references to the Circuit Court, and the reference to one hundred pounds shall be construed as a reference to six hundred pounds.
1 & 2 Geo. 5. c. 45. Public Roads (Ireland) Act, 1911. In subsection (4) of section 1, the reference to two hundred and fifty pounds shall be construed as a reference to six hundred pounds.
1 & 2 Geo. 5. c. 50. Coal Mines Act, 1911. In section 11 (including that section as applied by section 1 of the Coal Mines Act, 1914 (4 & 5 Geo. 5. c. 22)), the reference to a county court judge shall be construed as a reference to a judge of the Circuit Court. In subsection (3) of section 77, the reference to the judge of the county court for the district in which the mine is situate shall be construed as a reference to the judge of the circuit where the mine is situate.
2 & 3 Geo. 5. c. 30. Trade Union Act, 1913. In subsection (2) of section 3, the references to the county court shall be construed as references to the Circuit Court.
9 & 10 Geo. 5. c. 45. Housing (Ireland) Act, 1919. In subsection (3) of section 25, the reference to thirty pounds shall be construed as a reference to sixty pounds and the reference to the county court as a reference to the Circuit Court.
10 & 11 Geo. 5. c. 26. Sheriffs (Ireland) Act, 1920. In section 7, the references to a civil bill court shall be construed as references to the Circuit Court.

SIXTH SCHEDULE Assignment of justices of District Court to district court districts

Section 32 (3).

Definitions.

1.

In this Schedule—

“district” means a district court district;

“district justice” means a justice of the District Court, but does not include a temporary district justice;

“temporary district justice” means a person appointed under section 51 of the Act of 1936, as applied by section 48 of this Act to act as a district justice.

Permanent assignment of district justices to districts.

2.

(1) (a) Where a person is appointed a district justice, then, subject to clause (b) of this subparagraph, the Government, if they think fit, may, upon such appointment, assign him permanently to a particular district.

  • F115[(b) Where, at the time of the appointment of a person to be a judge of the District Court, there are 34 judges of the District Court not permanently assigned to particular districts, the Government shall assign that person permanently to a particular district.]
  • (2) Where a district justice is not upon appointment permanently assigned to a particular district, the Government may at any time assign him permanently to a particular district.
  • (3) A district justice who is permanently assigned to a particular district may, with his consent, be transferred by the Minister to another district and, if he is so transferred, he shall upon such transfer become and be permanently assigned to such other district in lieu of being permanently assigned to such first-mentioned district.
  • (4)
  • (a) Where a district justice is permanently assigned to a particular district, the Government, at his request, may, if they think fit, terminate his permanent assignment to that district.
  • (b) Where the permanent assignment of a district justice is terminated under clause (a) of this subparagraph, the Government may at any time thereafter assign him permanently to a particular district.
  • F116[(5) A person who is to be appointed, or who is appointed, a district judge who wishes to express an interest in being assigned by the Government under subparagraph (1), (2) or (4), or in being transferred by the Minister under subparagraph (3), as the case may be, to a particular district, may forward an expression of such interest to the President of the District Court.
  • (6) The President of the District Court shall forward any expression of interest received by him or her under subparagraph (5) to the Government or the Minister as appropriate.
  • (7) An expression of interest referred to in subparagraph (5) shall not be forwarded by the person expressing the interest, or by any person on his or her behalf, to any person other than the President of the District Court.]

Temporary assignment to districts of district justices and temporary district justices.

F117[3.—(1) A judge of the District Court who is permanently assigned to a particular district may, with his or her consent, from time to time be F118[temporarily assigned by the President of the District Court to another district or districts], but such temporary assignment shall be without prejudice to the exercise and performance by him or her of the privileges, powers and duties for the time being conferred or imposed on him or her by law in relation to the district to which he or she is permanently assigned.

  • (2) A judge of the District Court who is not for the time being permanently assigned to a district may from time to time be F118[assigned by the President of the District Court to any district or districts].
  • F119[(2A) Without prejudice to subparagraph (2), the President of the District Court may, in relation to any district, temporarily assign for a period not exceeding 6 months one or more district judges (whether or not any such judge is permanently or temporarily assigned to another district or districts) to exercise, in relation to that district, the powers specified in subparagraph (2B).
  • (2B) A district judge who is temporarily assigned to any district under subparagraph (2A) may exercise any of the powers of a district judge to which section 32A applies for the time being conferred on him or her by law whether he or she is in or outside that district.]
  • (3) A temporary judge of the District Court may from time to time be F118[temporarily assigned by the President of the District Court to any district or districts].]
  • (4) Where a person is temporarily assigned to a district under subparagraph (1), (2) or (3) of this paragraph—
  • (a) in case there is for the time being a district justice permanently assigned to that district—he shall, in relation to that district have, while so temporarily assigned, concurrently with that district justice, all the privileges, powers and duties for the time being conferred or imposed by law on that district justice,
  • (b) in any other case—he shall, in relation to that district have, while so temporarily assigned, all such privileges, powers and duties as would for the time being be conferred or imposed by law if he were a district justice permanently assigned to that district.
  • F119[(4A) Where a district judge is temporarily assigned to any district under subparagraph (2A)—
  • (a) in case there is for the time being a district judge permanently assigned to that district - he or she shall, in relation to that district, have, while so temporarily assigned, concurrently with that district judge, all the powers of a district judge to which section 32A applies for the time being conferred on that district judge who is so permanently assigned,
  • (b) in any other case - he or she shall, in relation to that district, have, while so temporarily assigned, all such powers of a district judge to which section 32A applies as would for the time being be conferred by law if he or she were a district judge permanently assigned to that district.]
  • (5) The Minister may at any time terminate a temporary assignment made under this paragraph.
  • F116[(6) A district judge who wishes to express an interest in a temporary assignment under any of the preceding subparagraphs to a particular district may forward an expression of such interest to the President of the District Court.
  • (7) An expression of interest referred to in subparagraph (6) shall not be forwarded by the district judge concerned, or by any person on his or her behalf, to any person other than the President of the District Court.]

District justice acting in certain cases for another district justice who is permanently assigned to a district.

4.

(1) Wherever it appears to the President of the District Court, on the representation of a justice of the District Court permanently assigned to a particular district, that such justice cannot properly deal with any matter before him by reason of the fact that he has a personal interest therein or such personal knowledge of the facts or of the parties as might prejudice the trial of that matter, the President of the District Court may nominate another justice of the District Court, who so consents, to hear and determine that matter in that district and, if the President does so, then that matter may be heard and determined accordingly.

  • (2) In the case of illness or absence of the district justice permanently assigned to a district (in this subparagraph referred to as the first justice), another district justice may, with the consent of the Minister (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law in relation to the district to which he is permanently assigned) exercise and perform during such illness or absence, the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.
  • (3) Where a district justice permanently assigned to a particular district (in this subparagraph referred to as the first justice) requests another district justice (in this subparagraph referred to as the second justice) to act for him during a specified period (not exceeding seven days) the second justice may (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law on him in relation to the district to which he is permanently assigned) exercise and perform during that period the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.

SEVENTH SCHEDULE Existing courts and corresponding courts established by the Principal Act, and judges of existing courts and corresponding judges of courts established by the Principal Act

Sections 48, 49 and 61.

Part I

Ref. No. Existing court Court established by the Principal Act
(1) (2) (3)
1. The existing Supreme Court. The Supreme Court.
2. The existing High Court. The High Court.
3. The existing Court of Criminal Appeal. The Court of Criminal Appeal.
4. The existing Circuit Court. The Circuit Court.
5. The existing District Court. The District Court.

Part II

Ref. No. Judge of existing court Judge of court established by the Principal Act
(1) (2) (3)
1. The existing Chief Justice. The Chief Justice.
2. The existing President of the High Court. The President of the High Court.
3. The existing President of the Circuit Court. The President of the Circuit Court.

EIGHTH SCHEDULE Provisions in relation to offices and officers to be attached to the High Court, the Supreme Court and the President of the High Court

Section 55 (1).

Interpretation.

1.

(1) This Schedule shall be construed as one with Part I of the Act of 1926.

  • (2) Except where the context otherwise requires, references in this Schedule to any enactment which is applied by section 48 of this Act shall be construed as references to that enactment as so applied.

F120[Offices attached to the High Court, Court of Appeal, the Supreme Court and the President of the High Court

2.

There shall become and be attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court respectively the following offices—

To the High Court,

The Central Office,

F121[The Office of the Legal Costs Adjudicators],

The Probate Office,

Two Examiners’ Offices or the Examiners’ Office,

The Accountant’s Office;

To the Court of Appeal,

The Office of the Register of the Court of Appeal;

To the Supreme Court,

The Office of the Registrar of the Supreme Court;

To the President of the High Court,

The Office of Wards of Court.]

F120[Officers attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court.

3.

There shall become and be attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court respectively the following officers (each of whom shall be a principal officer within the meaning of Part I of the Act of 1926)—

To the High Court,

The Master of the High Court,

F121[the Chief Legal Costs Adjudicator and the Legal Costs Adjudicators appointed in accordance with the other provisions of this Schedule],

The Probate Officer,

Two Examiners or the Examiner,

The Accountant;

To the Court of Appeal,

The Registrar of the Court of Appeal;

To the Supreme Court,

The Registrar of the Supreme Court;

To the President of the High Court,

The Registrar of Wards of Court.]

The Master of the High Court.

4.

(1) In this paragraph “rules of court” means rules made under section 36 of the Act of 1924.

  • F122[(2) The Master of the High Court shall have and exercise such powers and authorities and perform such duties and functions as are from time to time conferred on or assigned to him or her by statute, by regulations under section 3 of the European Communities Act 1972 or by rules of court and in particular (unless and until otherwise provided by statute, by such regulations or by rules of court) shall have and perform all such other powers, authorities, duties and functions as are vested in him or her by virtue of section 3 1(3) of the Act of 1926.]

The Central Office.

5.

(1) The Central Office shall be under the management of such principal officer serving in the Central Office as the Minister, after consultation with the President of the High Court, may from time to time nominate in that behalf.

  • (2) There shall be transacted in the Central Office all such business as is from time to time directed by statute or rule of court to be transacted therein and also all other business of the High Court except such business as is for the time being required by law to be transacted by or before one or more judges or the Master of the High Court and except such business as is for the time being assigned by law either to another office attached to the High Court or to the Office of Wards of Court.
  • (3) The person who, immediately before the operative date, had, by virtue of a nomination under paragraph (a) of subsection (2) of section 2 (repealed by this Act) of the Act of 1945, the management of the Central Office shall continue to have the management of the Central Office and be deemed to have been nominated under subparagraph (1) of this paragraph.

The Registrars of the High Court.

6.

(1) Such and so many as the Minister thinks proper of the officers for the time being serving in the Central Office shall be nominated by the Minister to be registrars of the High Court and every such registrar (in addition to any other duties which may be assigned to him by the officer for the time being managing the Central Office) shall act as registrar to the High Court as and when directed so to do by the officer for the time being managing the Central Office.

  • F123[(1A) Each officer nominated under subparagraph (1) of this paragraph who stands directed to act as registrar to the High Court under that subparagraph shall (in addition to any other duties which may be assigned to him or her by the officer for the time being managing the Central Office) act as registrar to the Central Criminal Court as and when directed to so act by the officer for the time being managing the Central Office.]
  • (2) The officers for the time being nominated under subparagraph (1) of this paragraph to be registrars of the High Court shall be principal officers within the meaning of Part I of the Act of 1926.
  • (3) Every person, who immediately before the operative date, was, by virtue of a nomination under subsection (2) of section 4 (repealed by this Act) of the Act of 1926, a registrar of the existing High Court shall become and be a registrar of the High Court and be deemed to have been nominated under subparagraph (1) of this paragraph.

General superintendence and control of High Court offices.

7.

The officer for the time being managing the Central Office shall have the general superintendence and control of the offices attached to the High Court, but shall in the exercise of such superintendence and control be subject to the general direction of the Minister in regard to all matters of general administration and to the directions of the President of the High Court in regard to all matters relating to the conduct of that part of the business of the High Court which is for the time being required by law to be transacted by or before one or more judges of the High Court.

The Taxing-Masters' Office.

F121[8. The Office of the Legal Costs Adjudicators shall be under the management of the Chief Legal Costs Adjudicator, and there shall be transacted in that Office the business of the Chief Legal Costs Adjudicator and the Legal Costs Adjudicators, other than such business as is required by law to be transacted by the Chief Legal Costs Adjudicator or a Legal Costs Adjudicator in person.

8A. Each Legal Costs Adjudicator shall, in respect of the discharge of his or her functions and exercise of his or her powers, be subject to the general direction of the Chief Legal Costs Adjudicator.

8B. The hours of attendance and sitting times for oral hearings of the Chief Legal Costs Adjudicator and of each Legal Costs Adjudicator shall be regulated by the Chief Legal Costs Adjudicator.]

The Office of the Official Assignee in Bankruptcy.

9.

F124[…]

The Examiners' Offices.

10.

(1) Until the number of Examiners shall be reduced to one, one Examiner's Office shall be under the management of one of the Examiners and the other Examiner's Office shall be under the management of the other Examiner.

  • (2) There shall be transacted in each Examiner's Office or in the Examiner's Office (where there is only one Examiner) all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business as was formerly transacted in the offices attached to the respective Chambers of the Master of the Rolls and the ordinary judge of the Chancery Division of the High Court of Justice in Southern Ireland and also such business as was formerly transacted in the offices attached to the Land Judge of the said Chancery Division, including the offices attached to that Judge in his capacity of Receiver Judge.
  • (3) There shall also be transacted in the Office of one of the Examiners (to be nominated by the Minister after consultation with the President of the High Court) or in the Examiner's Office (where there is only one Examiner) all such business as was formerly transacted in the Bankruptcy Office of the King's Bench Division of the High Court of Justice in Southern Ireland.

The Examiners.

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